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90_SB1001
70 ILCS 2605/7a from Ch. 42, par. 326a
70 ILCS 2605/7b from Ch. 42, par. 326b
70 ILCS 2605/7bb rep.
70 ILCS 2605/7f rep.
Amends the Metropolitan Water Reclamation District Act.
Prohibits the discharge of sewage, industrial waste, or other
wastes into a sanitary district's sewerage system, or the
construction, installation, or operation of a sewer or
sewerage system that discharges sewage, industrial wastes, or
other wastes into the sewage system. Provides that the Board
of Commissioners of a sanitary district may assess any
penalties against a person who makes a prohibites discharge.
Sets proceedures for hearings to assess civil penalties.
Provides that the civil penalty shall be a lien on the
property shall be a lien on the property of the person making
the discharge. Provides that the sanitary district may issue
a permit and approve the plans for any sewerage system that
will be connected to the sanitary district's sewage system.
Repeals current provisons stating that it is unlawful to
discharge into the sewers of a sanitary district any
discharge from any industrial or manufacturing plant.
Repeals current provison empowering the sanitary district to
require municipalities to obtain approval of all plans and
specifications for the construction of sewers connecting with
the sanitary district. Contains other provisions. Effective
immediately.
LRB9002315MWcd
LRB9002315MWcd
1 AN ACT to amend the Metroplitan Water Reclamation
2 District Act by changing Sections 7a and 7b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Water Reclamation District
6 Act is amended by changing Sections 7a and 7b as follows:
7 (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
8 Sec. 7a. Discharge into sewers of a sanitry district.
9 (a) The terms used in this Section are defined as
10 follows:
11 "Board of Commissioners" means the Board of Commissioners
12 of the sanitary district.
13 "Sewage" means water-carried human wastes or a
14 combination of water-carried wastes from residences,
15 buildings, businesses, industrial establishments,
16 institutions, or other places together with any ground,
17 surface, storm, or other water that may be present.
18 "Industrial Wastes" means all solids, liquids, or gaseous
19 wastes resulting from any commercial, industrial,
20 manufacturing, agricultural, trade, or business operation or
21 process, or from the development, recovery, or processing of
22 natural resources.
23 "Other Wastes" means decayed wood, sawdust, shavings,
24 bark, lime, refuse, ashes, garbage, offal, oil, tar,
25 chemicals, and all other substances except sewage and
26 industrial wastes.
27 "Person" means any individual, firm, association, joint
28 venture, sole proprietorship, company, partnership, estate
29 copartnership corporation, joint stock company, trust, school
30 district, unit of local government, or private corporation
31 organized or existing under the laws of this or any other
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1 state or country.
2 "General Superintendent" means the general superintendent
3 of the sanitary district.
4 "Sewerage System" means sewers, intercepting sewers,
5 pipes, conduits, manholes, force mains, pumping stations,
6 tunnels, and all other constructed devices, whether public or
7 private, used to collect or convey, either directly or
8 indirectly, sewage, industrial wastes, or other wastes to
9 treatment facilities owned or operated by the sanitary
10 districts.
11 (b) It shall be unlawful, for any person to discharge
12 sewage, industrial waste, or other wastes into the sewerage
13 system of a sanitary district or into any sewer connected
14 therewith, except upon the terms and conditions that the
15 sanitary district might reasonably impose by way of
16 ordinance, permit, or otherwise.
17 Any sanitary district, in addition to all other powers
18 vested in it and in the interest of public health and safety,
19 or as authorized by subsections (b) and (c) of Section 46 of
20 the Environmental Protection Act, is hereby empowered to pass
21 all ordinances, rules, or regulations necessary to implement
22 this Section, including but not limited to, the imposition of
23 charges based on factors that influence the cost of
24 treatment, including strength and volume, and including the
25 right of access during reasonable hours to the premises of a
26 person for enforcement of adopted ordinances, rules, or
27 regulations.
28 (c) Whenever the sanitary district acting through the
29 general superintendent determines that sewage, industrial
30 wastes, or other wastes are being discharged into the
31 sewerage system and when, in the opinion of the general
32 superintendent the discharge is in violation of an ordinance,
33 rules, or regulations adopted by the Board of Commissioners,
34 the general superintendent shall order the offending party to
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1 cease and desist. The order may be served by certified mail
2 or may be served at the site on the owner or operator or a
3 responsible corporate official.
4 In the event the offending party fails or refuses to
5 discontinue the discharge within 90 days after notification
6 of the cease and desist order, the general superintendent
7 may order the offending party to show cause before the Board
8 of Commissioners of the sanitary district why the discharge
9 should not be discontinued. A notice shall be served on the
10 offending party directing him, her, or it to show cause
11 before the Board of Commissioners why an order should not be
12 entered directing the discontinuance of the discharge. The
13 notice shall specify the time and place where a hearing will
14 be held and shall be served personally or by registered or
15 certified mail at least 10 days before the hearing; and in
16 the case of a unit of local government or a corporation the
17 service shall be upon an officer or agent thereof. After
18 reviewing the evidence, the Board of Commissioners may issue
19 an order to the party responsible for the discharge,
20 directing that within a specified period of time the
21 discharge be discontinued. The Board of Commissioners may
22 also order the party responsible for the discharge to pay a
23 civil penalty in an amount specified by the Board of
24 Commissioners that is not less than $100 nor more than $2,000
25 per day for each day of discharge of effluent in violation of
26 this Act as provided in subsection (4). The Board of
27 Commissioners may also order the party responsible for the
28 violation to pay court reporter costs and hearing officer
29 fees in a total amount not exceeding $3,000.
30 (d) The Board of Commissioners shall establish
31 procedures for assessing civil penalties and issuing orders
32 under subsection (c) as follows:
33 (1) In making its orders and determinations, the
34 Board of Commissioners shall take into consideration all
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1 the facts and circumstances bearing on the activities
2 involved and the assessment of civil penalties as shown
3 by the record produced at the hearing.
4 (2) The Board of Commissioners shall establish a
5 panel of independent hearing officers to conduct all
6 hearings on the assessment of civil penalties and
7 issuance of orders under subsection (c). The hearing
8 officers shall be attorneys licensed to practice law in
9 this State.
10 (3) The Board of Commissioners shall promulgate
11 procedural rules governing the proceedings, the
12 assessment of civil penalties, and the issuance of
13 orders.
14 (4) All hearings shall be on the record, and
15 testimony taken must be under oath and recorded
16 stenographically. Transcripts so recorded must be made
17 available to any member of the public or any party to the
18 hearing upon payment of the usual charges for
19 transcripts. At the hearing, the hearing officer may
20 issue, in the name of the Board of Commissioners, notices
21 of hearing requesting the attendance and testimony of
22 witnesses and the production of evidence relevant to any
23 matter involved in the hearing and may examine witnesses.
24 (5) The hearing officer shall conduct a full and
25 impartial hearing on the record, with an opportunity for
26 the presentation of evidence and cross-examination of the
27 witnesses. The hearing officer shall issue findings of
28 fact, conclusions of law, a recommended civil penalty,
29 and an order based solely on the record. The hearing
30 officer may also recommend, as part of the order, that
31 the discharge of industrial waste be discontinued within
32 a specified time.
33 (6) The findings of fact, conclusions of law,
34 recommended civil penalty, and order shall be transmitted
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1 to the Board of Commissioners along with a complete
2 record of the hearing.
3 (7) The Board of Commissioners shall either approve
4 or disapprove the findings of fact, conclusions of law,
5 recommended civil penalty, and order. If the findings of
6 fact, conclusions of law, recommended civil penalty, or
7 order are rejected, the Board of Commissioner's shall
8 remand the matter to the hearing officer for further
9 proceedings. If the order is accepted by the Board of
10 Commissioners, it shall constitute the final order of the
11 Board of Commissioners.
12 (8) The Administrative Review Law, and the rules
13 adopted under that Law, shall govern all proceedings for
14 the judicial review of final orders of the Board of
15 Commissioners issued under this subsection.
16 (9) The civil penalty specified by the Board of
17 Commissioners shall be paid within 35 days after the
18 party on whom it is imposed receives a written copy of
19 the order of the Board of Commissioners, unless the
20 person or persons to whom the order is issued seeks
21 judicial review under paragraph (8).
22 (10) If the respondent seeks judicial review of the
23 order assessing civil penalties, the respondent shall,
24 within 20 days after the date of the final order, pay the
25 amount of the civil penalties into an escrow account
26 maintained by the district for that purpose or file a
27 bond guarantee payment of the civil penalties if the
28 civil penalties are upheld on review.
29 (11) Civil penalties not paid by the times
30 specified above shall be delinquent and subject to lien
31 upon the property of the person ordered to pay the
32 penalty. The foregoing provisions for asserting liens
33 against real estate by the sanitary district shall be in
34 addition to and not in derogation of any other remedy or
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1 right of recovery, in law or equity, that the sanitary
2 district may have with respect to the collection or
3 recovery of penalties and charges imposed by the sanitary
4 district. Judgment in a civil action brought by the
5 sanitary district to recover or collect the charges shall
6 not operate as a release and waiver of the lien upon the
7 real estate for the amount of the judgment. Only
8 satisfaction of the judgment or the filing of a release
9 or satisfaction of lien shall release the lien.
10 (e) The general superintendent may order a person to
11 cease the discharge of industrial waste upon a funding by the
12 general superintendent that the final order of the Board of
13 Commissioners entered after a hearing to show cause, has been
14 violated. The general superintendent shall serve the person
15 with a copy of his or her order either by certified mail or
16 personally by serving an officer or agent of the corporation.
17 The order of the general superintendent shall also schedule
18 an expedited hearing before a designee of the Board of
19 Commissioners for the purpose of determining whether the
20 company has violated the final order of the Board of
21 Commissioners. The Board of Commissioners shall adopt rules
22 of procedure governing expedited hearings. In no event shall
23 the hearing be conducted less than 7 days after receipt by
24 the person of the general superintendent's order.
25 At the conclusion of the expedited hearing, the hearing
26 officer shall prepare a report with his or her findings and
27 recommendations and transmit it to the Board of
28 Commissioners. If the Board of Commissioners, after
29 reviewing the findings and recommendations, and the record
30 produced at the hearings, determines that the person has
31 violated the Board of Commissioner's final order, the Board
32 of Commissioners may authorize the plugging of the sewer.
33 The general superintendent shall give not less than 10 days
34 written notice to the person of the Board of Commissioner's
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1 order that the sewer will be plugged.
2 The foregoing provision for plugging a sewer shall be in
3 addition to and not in derogation of any other remedy, in law
4 or in equity, that the district may have to prevent violation
5 of its ordinances and orders of its Board of Commissioners.
6 (f) A violation of the final order of the Board of
7 Commissioners shall be considered a nuisance. If any person
8 discharges sewage, industrial wastes, or other wastes into
9 any waters contrary to the final order of the Board of
10 Commissioners, the sanitary district acting through the
11 general superintendent has the power to commence an action or
12 proceeding in the circuit court in and for the county in
13 which the sanitary district is located for the purpose of
14 having the discharge stopped either by mandamus or
15 injunction, or to remedy the violation in any manner provided
16 for in this Section.
17 The court shall specify a time, not exceeding 20 days
18 after the service of the copy of the complaint, in which the
19 party complained of must plead to the complaint, and in the
20 meantime, the party may be restrained. In case of default or
21 after pleading, the court shall immediately inquire into the
22 facts and circumstances of the case and enter an appropriate
23 judgment in respect to the matters complained of. Appeals
24 may be taken as in other civil cases.
25 (g) The sanitary district, acting through the general
26 superintendent, has the power to commence an action or
27 proceeding for mandamus or injunction in the circuit court
28 ordering a person to cease its discharge, when, in the
29 opinion of the general superintendent, the person's discharge
30 presents an imminent danger to the public health, welfare, or
31 safety, presents or may present an endangerment to the
32 environment, or threatens to interfere with the operation of
33 the sewerage system or a water reclamation plant under the
34 jurisdiction of the sanitary district. The initiation of a
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1 show cause hearing is not a prerequisite to the commencement
2 by the sanitary district of an action or proceeding for
3 mandamus or injunction in the circuit court. The court shall
4 specify a time, not exceeding 20 days after the service of a
5 copy of the petition, in which the party complained of must
6 answer the petition, and in the meantime, the party may be
7 restrained. In case of default in answer or after answer,
8 the court shall immediately inquire into the facts and
9 circumstances of the case and enter appropriate judgment
10 order in respect to the matters complained of. An appeal may
11 be taken from the final judgment in the same manner and with
12 the same effect as appeals are taken from judgment of the
13 circuit court in other actions for mandamus or injunction.
14 (h) Whenever the sanitary district commences an action
15 under subsection (f) or (g) of this Section, the court shall
16 assess a civil penalty of not less than $1,000 nor more than
17 $10,000 for each day the person violates a Board order,
18 ordinance, rule, or regulation. Each day's continuance of
19 the violation is a separate offense. The penalties provided
20 in this Section plus interest at the rate set forth in the
21 Interest Act on unpaid penalties, costs, and fees, imposed by
22 the Board of Commissioners under subsection (d), the
23 reasonable costs to the sanitary district of removal or other
24 remedial action caused by discharges in violation of this
25 Act, reasonable attorney's fees, court costs, and other
26 expenses of litigation together with costs for inspection,
27 sampling, analysis, and administration related to the
28 enforcement action against the offending party are
29 recoverable by the sanitary district in a civil action.
30 (i) The Board of Commissioners may establish fees for
31 late filing of reports with the district required by an
32 ordinance governing discharges. The district shall provide
33 by certified mail a written notice of the fee assessment that
34 states the person has 30 days after the receipt of the notice
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1 to request a conference with the general superintendent's
2 designee to discuss or dispute the appropriateness of the
3 assessed fee. Unless a person objects to paying the fee for
4 filing a report late by timely requesting in writing a
5 conference with a designee of the general superintendent,
6 that person waives his or her right to a conference and the
7 district may impose a lien on the property of the person for
8 the amount of the unpaid fee.
9 If a person requests a conference and the matter is not
10 resolved at the conference, the person subject to the fee may
11 request an administrative hearing before an impartial hearing
12 officer appointed under subsection (d) to determine the
13 person's liability for and the amount of the fee.
14 If the hearing officer finds that the late filing fees
15 are owed to the sanitary district, the sanitary district
16 shall notify the responsible person or persons of the hearing
17 officer's decision. If payment is not made within 30 days
18 after the notice, the sanitary district may impose a lien on
19 the property of the person or persons.
20 Any liens filed under this subsection shall apply only to
21 the property to which the late filing fees are related. A
22 claim for lien shall be filed in the office of the recorder
23 of the county in which the property is located. The filing
24 of a claim for lien by the district does not prevent the
25 sanitary district from pursuing other means for collecting
26 late filing fees. If a claim for lien is filed, the sanitary
27 district shall notify the person whose property is subject to
28 the lien, and the person may challenge the lien by filing an
29 action in the Circuit Court of Cook County. The action shall
30 be filed within 90 days after the person receives the notice
31 of the filing of the claim for lien. The court shall hear
32 evidence concerning the underlying reasons for the lien only
33 if an administrative hearing has not been held under this
34 subsection.
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1 (j) If the provisions of any paragraph of this Section
2 are declared unconstitutional or invalid by the final
3 decision of any court of competent jurisdiction, the
4 provisions of the remaining paragraphs continue in effect.
5 (k) Nothing in this Section eliminates any of the powers
6 now granted to municipalities having a population of 500,000
7 or more as to design, preparation of plans, and construction,
8 maintenance, and operation of sewers and sewerage systems, or
9 for the control and elimination or prevention of the
10 pollution of their waters or waterways, in the Illinois
11 Municipal Code or any other Act of the State of Illinois. It
12 shall be unlawful, for any person, firm, association, or
13 corporation in possession of or controlling and operating any
14 industrial or manufacturing plant to discharge into the
15 sewers or works of a sanitary district or into any sewer
16 connected therewith, any discharge of any nature whatever
17 from any industrial or manufacturing plant except upon such
18 terms and conditions as the sanitary district might
19 reasonably impose.
20 Any sanitary district, in addition to all other powers
21 vested in it and in the interest of public health and safety,
22 is hereby empowered to pass all ordinances, rules, or
23 regulations necessary to implement this Section, including
24 but not limited to the imposition of charges based on
25 factors that influence the cost of treatment, including
26 strength and volume.
27 (Source: P.A. 87-1125.)
28 (70 ILCS 2605/7b) (from Ch. 42, par. 326b)
29 Sec. 7b. Regulation of connecting sewerage systems.
30 (a) It shall be unlawful for any person to construct,
31 install, or operate any sewer or sewerage system that
32 discharges sewage, industrial wastes, or other wastes,
33 directly or indirectly, into the sewerage system of the
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1 sanitary district, unless a written permit for the sewerage
2 system has been granted by the sanitary district acting
3 through the general superintendent. No changes, additions,
4 or extensions to any existing sewerage systems discharging
5 sewage, industrial wastes, or other waters into the sewerage
6 system of the sanitary district, may be made until plans for
7 the changes, additions, or extensions have been submitted to
8 and a written permit obtained from the sanitary district
9 acting through the general superintendent; provided, however,
10 that this subsection is not applicable in any municipality
11 having a population of more than 500,000.
12 (b) The Board of Commissioners of any sanitary district
13 is authorized to regulate, limit, extend, deny, or otherwise
14 control any new or existing connection, addition, or
15 extension to any sewer or sewerage system which directly or
16 indirectly discharges into the sanitary district sewerage
17 system. The Board shall adopt standards and specifications
18 for construction, operation, and maintenance. This Section
19 shall not apply to sewerage systems under the jurisdiction of
20 any city, village, or incorporated town having a population
21 of 500,000 or more.
22 (c) The Board of Commissioners of any sanitary district
23 is hereby authorized to pass all necessary ordinances to
24 carry out the aforementioned powers. The ordinances may
25 provide for a civil penalty for each offense of not less than
26 $100 nor more than $1,000. Each day's continuance of the
27 violation shall be a separate offense. Hearings for
28 violations of the ordinances adopted by the Board of
29 Commissioners may be conducted by the Board of Commissioners
30 or its designee.
31 (d) Plans and specifications for any sewerage system
32 covered by this Act must be submitted to the sanitary
33 district before a written permit may be issued and the
34 construction of any sewerage system must be in accordance
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1 with the plans and specifications. In case it is necessary
2 or desirable to make material changes in the plans or
3 specifications, the revised plans or specifications, together
4 with the reasons for the proposed changes, must be submitted
5 to the sanitary district for a supplemental written permit.
6 (e) The sanitary district, acting through the general
7 superintendent, may require any owner of a sewerage system
8 discharging into the sewerage system of the sanitary
9 district, to file with it complete plans of the whole or of
10 any part of the system and any other information and records
11 concerning the installation and operation of the system.
12 (f) The sanitary district, acting through the general
13 superintendent, may establish procedures for the review of
14 any plans, specifications, or other data relative to any
15 sewerage system, written permits for which are required by
16 this Act.
17 (g) The sanitary district, acting through the general
18 superintendent, may adopt and enforce rules and regulations
19 governing the issuance of permits and the method and manner
20 under which plans, specifications, or other data relative
21 thereto must be submitted for the sewerage systems or for
22 additions or changes to or extensions of the systems.
23 (h) After a hearing on an alleged violation of any such
24 ordinance, the Board may, in addition to any civil penalty
25 imposed, order any person found to have committed a violation
26 to reimburse the sanitary district for the costs of the
27 hearing, including any expenses incurred for inspection,
28 sampling, analysis, administrative costs, and court
29 reporter's and attorney's fees. The Board of Commissioners
30 may also require a person to achieve compliance with the
31 ordinance within a specified period of time.
32 (i) Civil penalties and costs imposed pursuant to this
33 Section are recoverable by the sanitary district in a civil
34 action. The sanitary district is authorized to apply to the
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1 circuit court for injunctive relief or mandamus when, in the
2 opinion of the general superintendent, the person has failed
3 to comply with an order of the Board of Commissioners or the
4 relief is necessary to protect the sewerage system of the
5 sanitary district. The sanitary district, in addition to the
6 other powers vested in it, is empowered to require the proper
7 authorities of any municipality organized under the laws of
8 Illinois within the boundaries of any sanitary district to
9 obtain the approval of all plans and specifications for the
10 construction of sewers connecting with or to connect with
11 said sanitary district before the order of confirmation of
12 the assessment roll is obtained from the proper court.
13 (Source: Laws 1927, p. 417.)
14 (70 ILCS 2605/7bb rep.)
15 (70 ILCS 2605/7f rep.)
16 Section 10. The Metropolitan Water Reclamation District
17 Act is amended by repealing Sections 7bb and 7f.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.