Full Text of HB1563 97th General Assembly
HB1563enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is amended by changing Section 7a as follows:
| 6 | | (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
| 7 | | Sec. 7a. Discharge into sewers of a sanitary district.
| 8 | | (a) The terms used
in this Section are defined as follows:
| 9 | | "Board of Commissioners" means the Board of Commissioners | 10 | | of the
sanitary district.
| 11 | | "Sewage" means water-carried human wastes or a combination | 12 | | of
water-carried wastes from residences, buildings, | 13 | | businesses, industrial
establishments, institutions, or other | 14 | | places together with any ground,
surface,
storm, or other water | 15 | | that may be present.
| 16 | | "Industrial Wastes" means all solids, liquids, or gaseous | 17 | | wastes
resulting from any commercial, industrial, | 18 | | manufacturing, agricultural, trade,
or
business operation or | 19 | | process, or from the development, recovery, or processing
of | 20 | | natural resources.
| 21 | | "Other Wastes" means decayed wood, sawdust, shavings, | 22 | | bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals, | 23 | | and all other substances
except
sewage and industrial wastes.
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| 1 | | "Person" means any individual, firm, association, joint | 2 | | venture,
sole proprietorship, company, partnership, estate | 3 | | copartnership, corporation,
joint stock company, trust, school | 4 | | district,
unit of local government, or private corporation | 5 | | organized or existing under
the laws of this or any other state | 6 | | or country.
| 7 | | "Executive Director" means the executive director of the
| 8 | | sanitary district.
| 9 | | (b) It shall be unlawful for any person to discharge | 10 | | sewage, industrial
waste, or other wastes into the sewerage | 11 | | system of a sanitary district or into
any sewer connected | 12 | | therewith, except upon the terms and conditions that the
| 13 | | sanitary district might reasonably impose by way of ordinance, | 14 | | permit, or
otherwise.
| 15 | | Any sanitary district, in addition to all other powers | 16 | | vested in it and in
the interest of public health and safety, | 17 | | or as authorized by subsections (b)
and (c) of Section 46 of | 18 | | the Environmental Protection Act, is hereby empowered
to pass | 19 | | all ordinances, rules, or regulations necessary to implement | 20 | | this
Section, including but not limited to, the imposition of | 21 | | charges based on
factors that influence the cost of treatment, | 22 | | including strength and volume,
and including the right of | 23 | | access during reasonable hours to the premises of a
person for | 24 | | enforcement of adopted ordinances, rules, or regulations.
| 25 | | (c) Whenever the sanitary district acting through the | 26 | | executive director
determines that sewage, industrial wastes, |
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| 1 | | or other wastes are being discharged
into the sewerage system | 2 | | and when, in the opinion of the executive director
the | 3 | | discharge is in violation of an ordinance, rules, or | 4 | | regulations adopted by
the Board of Commissioners under this | 5 | | Section governing industrial wastes or
other wastes, the | 6 | | executive director shall order the offending party to cease and | 7 | | desist. The order
shall be served by certified mail or | 8 | | personally
on the owner, officer, registered agent, or | 9 | | individual designated by permit.
| 10 | | In the event the offending party fails or refuses to | 11 | | discontinue the
discharge within 90 days after notification of | 12 | | the cease and desist order, the executive director
may order | 13 | | the offending party to show
cause before the Board of | 14 | | Commissioners of the sanitary district why the
discharge should | 15 | | not be discontinued. A notice shall be served on the
offending | 16 | | party directing him, her, or it to show cause before the Board | 17 | | of
Commissioners why an order should not be entered directing | 18 | | the discontinuance
of the discharge. The notice shall specify | 19 | | the time and place where a hearing
will be held
and shall be | 20 | | served personally or by registered or certified mail at least | 21 | | 10
days before the hearing; and in the case of a unit of local | 22 | | government or a
corporation the service shall be upon an | 23 | | officer or agent thereof. After
reviewing the evidence, the | 24 | | Board of Commissioners may issue an order to the
party | 25 | | responsible for the discharge, directing that within a | 26 | | specified period
of
time the
discharge be discontinued. The |
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| 1 | | Board of Commissioners may also order the party
responsible for | 2 | | the discharge to pay a civil penalty in an amount specified
by | 3 | | the Board of Commissioners that is not less than $1,000 $100 | 4 | | nor more than $2,000
per day for each day of discharge of | 5 | | effluent in violation of this Act as
provided in subsection | 6 | | (d). The Board of Commissioners may also order the
party | 7 | | responsible for the violation to pay court reporter costs and | 8 | | hearing
officer fees in a total amount not exceeding $3,000.
| 9 | | (d) The Board of Commissioners shall establish procedures | 10 | | for assessing
civil penalties and issuing orders under | 11 | | subsection (c) as follows:
| 12 | | (1) In making its orders and determinations, the Board | 13 | | of Commissioners
shall take into consideration all the | 14 | | facts and circumstances bearing on the
activities involved | 15 | | and the assessment of civil penalties as shown by the
| 16 | | record produced at the hearing.
| 17 | | (2) The Board of Commissioners shall establish a panel | 18 | | of independent
hearing officers to conduct all hearings on | 19 | | the assessment of civil penalties
and issuance of orders | 20 | | under subsection (c). The hearing officers shall be
| 21 | | attorneys licensed to practice law in this State.
| 22 | | (3) The Board of Commissioners shall promulgate | 23 | | procedural rules governing
the proceedings, the assessment | 24 | | of civil penalties, and the issuance of orders.
| 25 | | (4) All hearings shall be on the record, and testimony | 26 | | taken must be under
oath and recorded stenographically. |
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| 1 | | Transcripts so recorded must be made
available to any | 2 | | member of the public or any party to the hearing upon | 3 | | payment
of the usual charges for transcripts. At the | 4 | | hearing, the hearing officer may
issue, in the name of the | 5 | | Board of Commissioners, notices of hearing requesting
the | 6 | | attendance and testimony of witnesses and the production of | 7 | | evidence
relevant to any matter involved in the hearing and | 8 | | may examine witnesses.
| 9 | | (5) The hearing officer shall conduct a full and | 10 | | impartial hearing on the
record, with an opportunity for | 11 | | the presentation
of evidence and cross-examination of the | 12 | | witnesses. The hearing officer shall
issue findings of | 13 | | fact, conclusions of law, a recommended civil penalty, and | 14 | | an
order based solely on the record. The hearing officer | 15 | | may also recommend, as
part of the order, that the | 16 | | discharge of industrial waste be discontinued
within a | 17 | | specified time.
| 18 | | (6) The findings of fact, conclusions of law, | 19 | | recommended civil penalty,
and
order shall be transmitted | 20 | | to the Board of Commissioners along with
a complete record | 21 | | of the hearing.
| 22 | | (7) The Board of Commissioners shall either approve or | 23 | | disapprove the
findings
of fact, conclusions of law, | 24 | | recommended civil penalty, and order. If the
findings of | 25 | | fact, conclusions of law, recommended civil penalty, or | 26 | | order are
rejected,
the Board of Commissioners shall remand |
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| 1 | | the matter to the hearing officer for
further proceedings. | 2 | | If the order is accepted by the Board of Commissioners, it
| 3 | | shall constitute the final order of the Board of | 4 | | Commissioners.
| 5 | | (8) (Blank).
| 6 | | (9) The civil penalty specified by the Board of | 7 | | Commissioners shall be
paid
within 35 days after the party | 8 | | on whom it is imposed receives a written copy
of the order | 9 | | of the Board of Commissioners, unless the person or persons | 10 | | to
whom the order is issued seeks judicial review.
| 11 | | (10) If the respondent seeks judicial review of the | 12 | | order assessing civil
penalties, the respondent shall, | 13 | | within 35 days after the date of the final
order, pay the | 14 | | amount of the civil penalties into an escrow account | 15 | | maintained
by the district for that purpose or file a bond | 16 | | guaranteeing payment of the
civil
penalties if the civil | 17 | | penalties are upheld on review.
| 18 | | (11) Civil penalties not paid by the times specified | 19 | | above shall be
delinquent
and subject to a lien recorded | 20 | | against the property of the person ordered to
pay the | 21 | | penalty.
The foregoing provisions for asserting liens | 22 | | against real estate by the
sanitary
district shall be in | 23 | | addition to and not in derogation of any other remedy or
| 24 | | right of
recovery, in law or equity, that the sanitary | 25 | | district may have with respect
to the collection
or | 26 | | recovery of penalties and charges imposed by the sanitary |
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| 1 | | district.
Judgment in a civil action brought by the | 2 | | sanitary district to recover or
collect the charges shall | 3 | | not operate as a release and waiver of the lien upon
the | 4 | | real estate for the amount of the judgment. Only | 5 | | satisfaction of the
judgment or the filing of a release or | 6 | | satisfaction of lien shall release the
lien.
| 7 | | (e) The executive director may order a person to cease the | 8 | | discharge of
industrial waste upon a finding by the executive | 9 | | director that the final
order of the Board of Commissioners | 10 | | entered after a hearing to show cause has
been violated. The | 11 | | executive director shall serve the person with a copy
of his or | 12 | | her order either by certified mail or personally by serving
the | 13 | | owner, officer, registered agent, or individual designated by | 14 | | permit.
The order of the executive director shall also
schedule | 15 | | an expedited hearing before a hearing officer designated by
the | 16 | | Board of Commissioners
for the purpose of determining whether | 17 | | the company has violated the final order
of the Board of | 18 | | Commissioners. The Board of Commissioners shall adopt rules of
| 19 | | procedure governing expedited hearings. In no event shall the | 20 | | hearing be
conducted less than 7 days after receipt by the | 21 | | person of the executive director's order.
| 22 | | At the conclusion of the expedited hearing, the hearing | 23 | | officer shall prepare
a report with his or her findings and | 24 | | recommendations and transmit it to the
Board of
Commissioners. | 25 | | If the Board of Commissioners, after reviewing the findings and
| 26 | | recommendations, and the record produced at the hearings, |
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| 1 | | determines that the
person has violated the Board of | 2 | | Commissioner's final order, the Board of
Commissioners may | 3 | | authorize the plugging
of the sewer. The executive director | 4 | | shall give not less than 10 days
written notice of the Board of | 5 | | Commissioner's order to the owner,
officer, registered agent, | 6 | | or individual designated by permit, as well as the
owner of | 7 | | record of the real estate and other parties known to be | 8 | | affected, that
the
sewer will be plugged.
| 9 | | The foregoing provision for plugging a sewer shall be in | 10 | | addition to and not
in derogation of any other remedy, in law | 11 | | or in equity, that the district may
have
to prevent violation | 12 | | of its ordinances and orders of its Board of
Commissioners.
| 13 | | (f) A violation of the final order of the Board of | 14 | | Commissioners shall be
considered a nuisance. If any person | 15 | | discharges sewage, industrial wastes, or
other wastes into any | 16 | | waters contrary to the final order of the Board of
| 17 | | Commissioners, the sanitary district acting through the | 18 | | executive director
has the power to commence an action or | 19 | | proceeding in the circuit court in and
for the county in which | 20 | | the sanitary district is located for the purpose of
having the | 21 | | discharge stopped either by mandamus or injunction, or to | 22 | | remedy the
violation in any manner provided for in this | 23 | | Section.
| 24 | | The court shall specify a time, not exceeding 20 days after | 25 | | the service of
the copy of the complaint, in which the party | 26 | | complained of must plead to the
complaint, and in the meantime, |
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| 1 | | the party may be restrained. In case of
default or after | 2 | | pleading, the court shall immediately inquire into the facts
| 3 | | and circumstances of the case and enter an appropriate judgment | 4 | | in respect to
the matters complained of. Appeals may be taken | 5 | | as in other civil cases.
| 6 | | (g) The sanitary district, acting through the executive | 7 | | director, has
the
power to commence an action or proceeding for | 8 | | mandamus or injunction in the
circuit court ordering a person | 9 | | to cease its discharge, when, in the opinion of
the executive | 10 | | director, the person's discharge presents an imminent danger
to | 11 | | the public health, welfare, or safety, presents or may present | 12 | | an
endangerment to the environment, or threatens to interfere | 13 | | with the
operation of the sewerage system or a water | 14 | | reclamation plant under the
jurisdiction of the sanitary | 15 | | district. The initiation of a show cause hearing
is not a | 16 | | prerequisite to the commencement by the sanitary district of an | 17 | | action
or proceeding for mandamus or injunction in the circuit | 18 | | court. The court shall
specify a time, not exceeding 20 days | 19 | | after the service of a copy of the
petition, in which the party | 20 | | complained of must answer the petition, and in the
meantime, | 21 | | the party may be restrained. In case of default in answer or | 22 | | after
answer, the court shall immediately inquire into the | 23 | | facts and circumstances of
the case and enter an appropriate | 24 | | judgment order in respect to the matters
complained of. An | 25 | | appeal may be taken from the final judgment in the same
manner | 26 | | and with the same effect as appeals are taken from judgment of |
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| 1 | | the
circuit court in other actions for mandamus or injunction.
| 2 | | (h) Whenever the sanitary district commences an action | 3 | | under subsection (f)
of this Section, the court shall assess a | 4 | | civil penalty of not less than
$1,000 nor more than $10,000 for | 5 | | each day the person violates a Board order.
Whenever the | 6 | | sanitary district commences an action under subsection (g) of | 7 | | this
Section, the court shall assess a civil penalty of not | 8 | | less than $1,000 nor
more than $10,000 for
each day the person | 9 | | violates the ordinance. Each
day's continuance
of the violation | 10 | | is a separate offense. The penalties provided in this Section
| 11 | | plus interest at the rate set forth in the Interest Act on | 12 | | unpaid penalties,
costs, and fees, imposed by the Board of | 13 | | Commissioners under subsection (d),
the reasonable costs to the | 14 | | sanitary district of removal or other remedial
action caused by | 15 | | discharges in violation of this Act, reasonable attorney's
| 16 | | fees, court costs, and other expenses of litigation together | 17 | | with costs for
inspection, sampling, analysis, and | 18 | | administration related to the enforcement
action against the | 19 | | offending party are recoverable by the sanitary district in
a | 20 | | civil action.
| 21 | | (i) The Board of Commissioners may establish fees for late | 22 | | filing of reports
with the sanitary district required by an | 23 | | ordinance governing discharges. The
sanitary district
shall | 24 | | provide by certified mail a written notice of the fee | 25 | | assessment that
states the person has 30 days after the receipt | 26 | | of the notice to request a
conference with the executive |
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| 1 | | director's designee to discuss or dispute
the appropriateness | 2 | | of the assessed fee. Unless a person objects to paying the
fee | 3 | | for filing a report late by timely requesting in writing a | 4 | | conference with
a designee of the executive director, that | 5 | | person waives his or her right
to a conference and the sanitary | 6 | | district may impose a lien recorded against
the property of
the
| 7 | | person for the amount of the unpaid fee.
| 8 | | If a person requests a conference and the matter is not | 9 | | resolved at the
conference, the person subject to the fee may | 10 | | request an administrative hearing
before an impartial hearing | 11 | | officer appointed under subsection (d) to
determine the | 12 | | person's liability for and the amount of the fee.
| 13 | | If the hearing officer finds that the late filing fees are | 14 | | owed to the
sanitary district, the sanitary district shall | 15 | | notify the responsible person or
persons of the hearing | 16 | | officer's decision. If payment is not made within 30
days after | 17 | | the notice, the sanitary district may impose a lien on the | 18 | | property
of the person or persons.
| 19 | | Any liens filed under this subsection shall apply only to | 20 | | the property to
which the late filing fees are related. A claim | 21 | | for lien shall be filed in the
office of the recorder of the | 22 | | county in which the property is located. The
filing of a claim | 23 | | for lien by the district does not prevent the sanitary
district | 24 | | from pursuing other means for collecting late filing fees. If a | 25 | | claim
for lien is filed, the sanitary district shall notify the | 26 | | person whose property
is subject to the lien, and the person |
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| 1 | | may challenge the lien by filing an
action in the circuit | 2 | | court. The action shall be filed within
90 days after the | 3 | | person receives the notice of the filing of the claim for
lien. | 4 | | The court shall hear evidence concerning the underlying reasons | 5 | | for the
lien only if an administrative hearing has not been | 6 | | held under this subsection.
| 7 | | (j) If the provisions of any paragraph of this Section are | 8 | | declared
unconstitutional or invalid by the final decision of | 9 | | any court of competent
jurisdiction, the provisions of the | 10 | | remaining paragraphs continue in effect.
| 11 | | (k) Nothing in this Section eliminates any of the powers | 12 | | now granted to
municipalities having a population of 500,000 or | 13 | | more as to design, preparation
of plans, and construction, | 14 | | maintenance, and operation of sewers and sewerage
systems, or | 15 | | for the control and elimination or prevention of the pollution | 16 | | of
their waters or waterways, in the Illinois Municipal Code or | 17 | | any other Act of
the State of Illinois.
| 18 | | (l) The provisions of the Administrative Review Law and all | 19 | | amendments and
rules adopted pursuant to that Law apply to and | 20 | | govern all proceedings for
the judicial review of final | 21 | | administrative decisions of the Board of
Commissioners in the | 22 | | enforcement of any ordinance, rule, or regulation adopted
under | 23 | | this Act.
| 24 | | (Source: P.A. 95-923, eff. 1-1-09; 96-328, eff. 8-11-09.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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