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| [ Senate Amendment 002 ] |
90_SB1001sam001
LRB9002315MWcdam02
1 AMENDMENT TO SENATE BILL 1001
2 AMENDMENT NO. . Amend Senate Bill 1001 by replacing
3 the title with the following:
4 "AN ACT to amend the Metropolitan Water Reclamation
5 District Act by changing Sections 7a, 7f, and 7g and by
6 repealing Section 7bb."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Metropolitan Water Reclamation District
10 Act is amended by changing Sections 7a, 7f, and 7g as
11 follows:
12 (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
13 Sec. 7a. Discharge into sewers of a sanitary district.
14 (a) The terms used in this Section are defined as
15 follows:
16 "Board of Commissioners" means the Board of Commissioners
17 of the sanitary district.
18 "Sewage" means water-carried human wastes or a
19 combination of water-carried wastes from residences,
20 buildings, businesses, industrial establishments,
21 institutions, or other places together with any ground,
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1 surface, storm, or other water that may be present.
2 "Industrial Wastes" means all solids, liquids, or gaseous
3 wastes resulting from any commercial, industrial,
4 manufacturing, agricultural, trade, or business operation or
5 process, or from the development, recovery, or processing of
6 natural resources.
7 "Other Wastes" means decayed wood, sawdust, shavings,
8 bark, lime, refuse, ashes, garbage, offal, oil, tar,
9 chemicals, and all other substances except sewage and
10 industrial wastes.
11 "Person" means any individual, firm, association, joint
12 venture, sole proprietorship, company, partnership, estate
13 copartnership, corporation, joint stock company, trust,
14 school district, unit of local government, or private
15 corporation organized or existing under the laws of this or
16 any other state or country.
17 "General Superintendent" means the general superintendent
18 of the sanitary district.
19 (b) It shall be unlawful for any person to discharge
20 sewage, industrial waste, or other wastes into the sewerage
21 system of a sanitary district or into any sewer connected
22 therewith, except upon the terms and conditions that the
23 sanitary district might reasonably impose by way of
24 ordinance, permit, or otherwise.
25 Any sanitary district, in addition to all other powers
26 vested in it and in the interest of public health and safety,
27 or as authorized by subsections (b) and (c) of Section 46 of
28 the Environmental Protection Act, is hereby empowered to pass
29 all ordinances, rules, or regulations necessary to implement
30 this Section, including but not limited to, the imposition of
31 charges based on factors that influence the cost of
32 treatment, including strength and volume, and including the
33 right of access during reasonable hours to the premises of a
34 person for enforcement of adopted ordinances, rules, or
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1 regulations.
2 (c) Whenever the sanitary district acting through the
3 general superintendent determines that sewage, industrial
4 wastes, or other wastes are being discharged into the
5 sewerage system and when, in the opinion of the general
6 superintendent the discharge is in violation of an ordinance,
7 rules, or regulations adopted by the Board of Commissioners
8 under this Section governing industrial wastes or other
9 wastes, the general superintendent shall order the offending
10 party to cease and desist. The order shall be served by
11 certified mail or personally on the owner, officer,
12 registered agent, or individual designated by permit.
13 In the event the offending party fails or refuses to
14 discontinue the discharge within 90 days after notification
15 of the cease and desist order, the general superintendent
16 may order the offending party to show cause before the Board
17 of Commissioners of the sanitary district why the discharge
18 should not be discontinued. A notice shall be served on the
19 offending party directing him, her, or it to show cause
20 before the Board of Commissioners why an order should not be
21 entered directing the discontinuance of the discharge. The
22 notice shall specify the time and place where a hearing will
23 be held and shall be served personally or by registered or
24 certified mail at least 10 days before the hearing; and in
25 the case of a unit of local government or a corporation the
26 service shall be upon an officer or agent thereof. After
27 reviewing the evidence, the Board of Commissioners may issue
28 an order to the party responsible for the discharge,
29 directing that within a specified period of time the
30 discharge be discontinued. The Board of Commissioners may
31 also order the party responsible for the discharge to pay a
32 civil penalty in an amount specified by the Board of
33 Commissioners that is not less than $100 nor more than $2,000
34 per day for each day of discharge of effluent in violation of
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1 this Act as provided in subsection (d). The Board of
2 Commissioners may also order the party responsible for the
3 violation to pay court reporter costs and hearing officer
4 fees in a total amount not exceeding $3,000.
5 (d) The Board of Commissioners shall establish
6 procedures for assessing civil penalties and issuing orders
7 under subsection (c) as follows:
8 (1) In making its orders and determinations, the
9 Board of Commissioners shall take into consideration all
10 the facts and circumstances bearing on the activities
11 involved and the assessment of civil penalties as shown
12 by the record produced at the hearing.
13 (2) The Board of Commissioners shall establish a
14 panel of independent hearing officers to conduct all
15 hearings on the assessment of civil penalties and
16 issuance of orders under subsection (c). The hearing
17 officers shall be attorneys licensed to practice law in
18 this State.
19 (3) The Board of Commissioners shall promulgate
20 procedural rules governing the proceedings, the
21 assessment of civil penalties, and the issuance of
22 orders.
23 (4) All hearings shall be on the record, and
24 testimony taken must be under oath and recorded
25 stenographically. Transcripts so recorded must be made
26 available to any member of the public or any party to the
27 hearing upon payment of the usual charges for
28 transcripts. At the hearing, the hearing officer may
29 issue, in the name of the Board of Commissioners, notices
30 of hearing requesting the attendance and testimony of
31 witnesses and the production of evidence relevant to any
32 matter involved in the hearing and may examine witnesses.
33 (5) The hearing officer shall conduct a full and
34 impartial hearing on the record, with an opportunity for
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1 the presentation of evidence and cross-examination of the
2 witnesses. The hearing officer shall issue findings of
3 fact, conclusions of law, a recommended civil penalty,
4 and an order based solely on the record. The hearing
5 officer may also recommend, as part of the order, that
6 the discharge of industrial waste be discontinued within
7 a specified time.
8 (6) The findings of fact, conclusions of law,
9 recommended civil penalty, and order shall be transmitted
10 to the Board of Commissioners along with a complete
11 record of the hearing.
12 (7) The Board of Commissioners shall either approve
13 or disapprove the findings of fact, conclusions of law,
14 recommended civil penalty, and order. If the findings of
15 fact, conclusions of law, recommended civil penalty, or
16 order are rejected, the Board of Commissioner's shall
17 remand the matter to the hearing officer for further
18 proceedings. If the order is accepted by the Board of
19 Commissioners, it shall constitute the final order of the
20 Board of Commissioners.
21 (8) The Administrative Review Law, and the rules
22 adopted under that Law, shall govern all proceedings for
23 the judicial review of final orders of the Board of
24 Commissioners issued under this subsection.
25 (9) The civil penalty specified by the Board of
26 Commissioners shall be paid within 35 days after the
27 party on whom it is imposed receives a written copy of
28 the order of the Board of Commissioners, unless the
29 person or persons to whom the order is issued seeks
30 judicial review under paragraph (8).
31 (10) If the respondent seeks judicial review of the
32 order assessing civil penalties, the respondent shall,
33 within 35 days after the date of the final order, pay the
34 amount of the civil penalties into an escrow account
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1 maintained by the district for that purpose or file a
2 bond guaranteeing payment of the civil penalties if the
3 civil penalties are upheld on review.
4 (11) Civil penalties not paid by the times
5 specified above shall be delinquent and subject to a lien
6 recorded against the property of the person ordered to
7 pay the penalty. The foregoing provisions for asserting
8 liens against real estate by the sanitary district shall
9 be in addition to and not in derogation of any other
10 remedy or right of recovery, in law or equity, that the
11 sanitary district may have with respect to the collection
12 or recovery of penalties and charges imposed by the
13 sanitary district. Judgment in a civil action brought by
14 the sanitary district to recover or collect the charges
15 shall not operate as a release and waiver of the lien
16 upon the real estate for the amount of the judgment.
17 Only satisfaction of the judgment or the filing of a
18 release or satisfaction of lien shall release the lien.
19 (e) The general superintendent may order a person to
20 cease the discharge of industrial waste upon a finding by the
21 general superintendent that the final order of the Board of
22 Commissioners entered after a hearing to show cause has been
23 violated. The general superintendent shall serve the owner
24 with a copy of his or her order either by certified mail or
25 personally by serving the owner, officer, registered agent,
26 or individual designated by permit. The order of the general
27 superintendent shall also schedule an expedited hearing
28 before a hearing officer designated by the Board of
29 Commissioners for the purpose of determining whether the
30 company has violated the final order of the Board of
31 Commissioners. The Board of Commissioners shall adopt rules
32 of procedure governing expedited hearings. In no event shall
33 the hearing be conducted less than 7 days after receipt by
34 the person of the general superintendent's order.
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1 At the conclusion of the expedited hearing, the hearing
2 officer shall prepare a report with his or her findings and
3 recommendations and transmit it to the Board of
4 Commissioners. If the Board of Commissioners, after
5 reviewing the findings and recommendations, and the record
6 produced at the hearings, determines that the person has
7 violated the Board of Commissioner's final order, the Board
8 of Commissioners may authorize the plugging of the sewer.
9 The general superintendent shall give not less than 10 days
10 written notice of the Board of Commissioner's order to the
11 owner, officer, registered agent, or individual designated by
12 permit, as well as the owner of record of the real estate and
13 other parties known to be affected, that the sewer will be
14 plugged. The Administrative Review Law, and the rules adopted
15 under that Law, shall govern all proceedings for the judicial
16 review of final orders of the Board of Commissioners issued
17 under this subsection.
18 The foregoing provision for plugging a sewer shall be in
19 addition to and not in derogation of any other remedy, in law
20 or in equity, that the district may have to prevent violation
21 of its ordinances and orders of its Board of Commissioners.
22 (f) A violation of the final order of the Board of
23 Commissioners shall be considered a nuisance. If any person
24 discharges sewage, industrial wastes, or other wastes into
25 any waters contrary to the final order of the Board of
26 Commissioners, the sanitary district acting through the
27 general superintendent has the power to commence an action or
28 proceeding in the circuit court in and for the county in
29 which the sanitary district is located for the purpose of
30 having the discharge stopped either by mandamus or
31 injunction, or to remedy the violation in any manner provided
32 for in this Section.
33 The court shall specify a time, not exceeding 20 days
34 after the service of the copy of the complaint, in which the
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1 party complained of must plead to the complaint, and in the
2 meantime, the party may be restrained. In case of default or
3 after pleading, the court shall immediately inquire into the
4 facts and circumstances of the case and enter an appropriate
5 judgment in respect to the matters complained of. Appeals
6 may be taken as in other civil cases.
7 (g) The sanitary district, acting through the general
8 superintendent, has the power to commence an action or
9 proceeding for mandamus or injunction in the circuit court
10 ordering a person to cease its discharge, when, in the
11 opinion of the general superintendent, the person's discharge
12 presents an imminent danger to the public health, welfare, or
13 safety, presents or may present an endangerment to the
14 environment, or threatens to interfere with the operation of
15 the sewerage system or a water reclamation plant under the
16 jurisdiction of the sanitary district. The initiation of a
17 show cause hearing is not a prerequisite to the commencement
18 by the sanitary district of an action or proceeding for
19 mandamus or injunction in the circuit court. The court shall
20 specify a time, not exceeding 20 days after the service of a
21 copy of the petition, in which the party complained of must
22 answer the petition, and in the meantime, the party may be
23 restrained. In case of default in answer or after answer,
24 the court shall immediately inquire into the facts and
25 circumstances of the case and enter an appropriate judgment
26 order in respect to the matters complained of. An appeal may
27 be taken from the final judgment in the same manner and with
28 the same effect as appeals are taken from judgment of the
29 circuit court in other actions for mandamus or injunction.
30 (h) Whenever the sanitary district commences an action
31 under subsection (f) of this Section, the court shall assess
32 a civil penalty of not less than $1,000 nor more than $10,000
33 for each day the person violates a Board order. Whenever the
34 sanitary district commences an action under subsection (g) of
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1 this Section, the court shall assess a civil penalty of not
2 less than $1,000 for each day the person violates the
3 ordinance. Each day's continuance of the violation is a
4 separate offense. The penalties provided in this Section
5 plus interest at the rate set forth in the Interest Act on
6 unpaid penalties, costs, and fees, imposed by the Board of
7 Commissioners under subsection (d), the reasonable costs to
8 the sanitary district of removal or other remedial action
9 caused by discharges in violation of this Act, reasonable
10 attorney's fees, court costs, and other expenses of
11 litigation together with costs for inspection, sampling,
12 analysis, and administration related to the enforcement
13 action against the offending party are recoverable by the
14 sanitary district in a civil action.
15 (i) The Board of Commissioners may establish fees for
16 late filing of reports with the sanitary district required by
17 an ordinance governing discharges. The sanitary district
18 shall provide by certified mail a written notice of the fee
19 assessment that states the person has 30 days after the
20 receipt of the notice to request a conference with the
21 general superintendent's designee to discuss or dispute the
22 appropriateness of the assessed fee. Unless a person objects
23 to paying the fee for filing a report late by timely
24 requesting in writing a conference with a designee of the
25 general superintendent, that person waives his or her right
26 to a conference and the sanitary district may impose a lien
27 recorded against the property of the person for the amount of
28 the unpaid fee.
29 If a person requests a conference and the matter is not
30 resolved at the conference, the person subject to the fee may
31 request an administrative hearing before an impartial hearing
32 officer appointed under subsection (d) to determine the
33 person's liability for and the amount of the fee.
34 If the hearing officer finds that the late filing fees
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1 are owed to the sanitary district, the sanitary district
2 shall notify the responsible person or persons of the hearing
3 officer's decision. If payment is not made within 30 days
4 after the notice, the sanitary district may impose a lien on
5 the property of the person or persons.
6 Any liens filed under this subsection shall apply only to
7 the property to which the late filing fees are related. A
8 claim for lien shall be filed in the office of the recorder
9 of the county in which the property is located. The filing
10 of a claim for lien by the district does not prevent the
11 sanitary district from pursuing other means for collecting
12 late filing fees. If a claim for lien is filed, the sanitary
13 district shall notify the person whose property is subject to
14 the lien, and the person may challenge the lien by filing an
15 action in the circuit court. The action shall be filed
16 within 90 days after the person receives the notice of the
17 filing of the claim for lien. The court shall hear evidence
18 concerning the underlying reasons for the lien only if an
19 administrative hearing has not been held under this
20 subsection.
21 (j) If the provisions of any paragraph of this Section
22 are declared unconstitutional or invalid by the final
23 decision of any court of competent jurisdiction, the
24 provisions of the remaining paragraphs continue in effect.
25 (k) Nothing in this Section eliminates any of the powers
26 now granted to municipalities having a population of 500,000
27 or more as to design, preparation of plans, and construction,
28 maintenance, and operation of sewers and sewerage systems, or
29 for the control and elimination or prevention of the
30 pollution of their waters or waterways, in the Illinois
31 Municipal Code or any other Act of the State of Illinois. It
32 shall be unlawful, for any person, firm, association, or
33 corporation in possession of or controlling and operating any
34 industrial or manufacturing plant to discharge into the
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1 sewers or works of a sanitary district or into any sewer
2 connected therewith, any discharge of any nature whatever
3 from any industrial or manufacturing plant except upon such
4 terms and conditions as the sanitary district might
5 reasonably impose.
6 Any sanitary district, in addition to all other powers
7 vested in it and in the interest of public health and safety,
8 is hereby empowered to pass all ordinances, rules, or
9 regulations necessary to implement this Section, including
10 but not limited to the imposition of charges based on
11 factors that influence the cost of treatment, including
12 strength and volume.
13 (Source: P.A. 87-1125.)
14 (70 ILCS 2605/7f) (from Ch. 42, par. 326f)
15 Sec. 7f. Regulation of connecting sewerage systems.
16 (a) It shall be unlawful for any person to construct or
17 install any sewerage system that discharges sewage,
18 industrial wastes, or other wastes, directly or indirectly,
19 into the sewerage system of the sanitary district, unless a
20 written permit for the sewerage system has been granted by
21 the sanitary district acting through the general
22 superintendent. The sanitary district shall specify by
23 ordinance the changes, additions, or extensions to an
24 existing sewerage system that will require a permit. No
25 changes, additions, or extensions to any existing sewerage
26 systems discharging sewage, industrial wastes, or other
27 wastes into the sewerage system of the sanitary district,
28 that requires a permit, may be made until plans for the
29 changes, additions, or extensions have been submitted to and
30 a written permit obtained from the sanitary district acting
31 through the general superintendent; provided, however, that
32 this Section is not applicable in any municipality having a
33 population of more than 500,000.
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1 (b) Sewerage systems shall be operated in accordance
2 with the ordinance of the sanitary district. The Board of
3 Commissioners of any sanitary district is authorized to
4 regulate, limit, extend, deny, or otherwise control any new
5 or existing connection, addition, or extension to any sewer
6 or sewerage system which directly or indirectly discharges
7 into the sanitary district sewerage system. The Board shall
8 adopt standards and specifications for construction,
9 operation, and maintenance. This Section shall not apply to
10 sewerage systems under the jurisdiction of any city, village,
11 or incorporated town having a population of 500,000 or more.
12 (c) The Board of Commissioners of any sanitary district
13 is hereby authorized to pass all necessary ordinances to
14 carry out the aforementioned powers. The ordinances may
15 provide for a civil penalty for each offense of not less than
16 $100 nor more than $1,000. Each day's continuance of the
17 violation shall be a separate offense. Hearings for
18 violations of the ordinances adopted by the Board of
19 Commissioners may be conducted by the Board of Commissioners
20 or its designee.
21 (d) Plans and specifications for any sewerage system
22 covered by this Act must be submitted to the sanitary
23 district before a written permit may be issued and the
24 construction of any sewerage system must be in accordance
25 with the plans and specifications. In case it is necessary
26 or desirable to make material changes in the plans or
27 specifications, the revised plans or specifications, together
28 with the reasons for the proposed changes, must be submitted
29 to the sanitary district for a supplemental written permit.
30 (e) The sanitary district, acting through the general
31 superintendent, may require any owner of a sewerage system
32 discharging into the sewerage system of the sanitary
33 district, to file with it complete plans of the whole or of
34 any part of the system and any other information and records
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1 concerning the installation and operation of the system.
2 (f) The sanitary district, acting through the general
3 superintendent, may establish procedures for the review of
4 any plans, specifications, or other data relative to any
5 sewerage system, written permits for which are required by
6 this Act.
7 (g) The sanitary district, acting through the general
8 superintendent, may adopt and enforce rules and regulations
9 governing the issuance of permits and the method and manner
10 under which plans, specifications, or other data relative
11 thereto must be submitted for the sewerage systems or for
12 additions or changes to or extensions of the systems.
13 (h) After a hearing on an alleged violation of any such
14 ordinance, the Board may, in addition to any civil penalty
15 imposed, order any person found to have committed a violation
16 to reimburse the sanitary district for the costs of the
17 hearing, including any expenses incurred for inspection,
18 sampling, analysis, administrative costs, and court
19 reporter's and attorney's fees. The Board of Commissioners
20 may also require a person to achieve compliance with the
21 ordinance within a specified period of time. The
22 Administrative Review Law, and the rules adopted under that
23 Law, shall govern proceedings for the judicial review of
24 final orders of the Board of Commissioners issued under this
25 subsection.
26 (i) Civil penalties and costs imposed pursuant to this
27 Section are recoverable by the sanitary district in a civil
28 action. The sanitary district is authorized to apply to the
29 circuit court for injunctive relief or mandamus when, in the
30 opinion of the general superintendent, the person has failed
31 to comply with an order of the Board of Commissioners or the
32 relief is necessary to protect the sewerage system of the
33 sanitary district.
34 The board of commissioners of any sanitary district is
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1 authorized to regulate, limit, extend, deny or otherwise
2 control any new or existing connection, addition or extension
3 to any sewer or sewerage system which will directly or
4 indirectly discharge into the sanitary district sewerage
5 system. The board shall adopt standards and specifications
6 for construction, operation, and maintenance. This Section
7 shall not apply to sewerage systems under the jurisdiction of
8 any city, village, or incorporated town having a population
9 of 500,000 or more.
10 The board of commissioners of any sanitary district is
11 hereby authorized to pass all necessary ordinances to carry
12 out the aforementioned powers. Such ordinances may provide
13 for a fine for each offense of not less than $100 nor more
14 than $1,000. Each day's continuance of such violation shall
15 be a separate offense.
16 After a hearing on an alleged violation of any such
17 ordinance, the board may, in addition to any fine imposed,
18 order any person found to have committed a violation to
19 reimburse the district for the costs of the hearing,
20 including any expenses incurred for inspection, sampling,
21 analysis, administrative costs, and court reporter's and
22 attorney's fees.
23 Fines and costs imposed pursuant to this Section are
24 recoverable by the sanitary district in a civil action. The
25 sanitary district is authorized to apply to the circuit court
26 for injunctive relief or mandamus when, in the opinion of the
27 General Superintendent, such relief is necessary to protect
28 the sewerage system of the sanitary district.
29 (Source: P.A. 87-283; 88-399.)
30 (70 ILCS 2605/7g) (from Ch. 42, par. 326g)
31 Sec. 7g. Any person who takes or who knowingly permits
32 his agent or employee to take industrial wastes or other
33 wastes from a point of origin and intentionally discharges
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1 such wastes by means of mobile or portable equipment into any
2 sewer, sewer manhole, or any appurtenances thereto, or
3 directly or indirectly to any waters without possession of a
4 valid and legally issued permit shall be guilty of a Class A
5 misdemeanor. A second or subsequent offense shall constitute
6 a Class 4 felony.
7 Any mobile or portable equipment used in the commission
8 of any act which is a violation of this Section shall be
9 subject to seizure and forfeiture in the manner provided for
10 the seizure and forfeiture of vessels, vehicles and aircraft
11 in Article 36 of the Criminal Code of 1961, as now or
12 hereafter amended. The person causing the intentional
13 discharge shall be liable for the costs of seizure, storage,
14 and disposal of the mobile or portable equipment.
15 The terms "industrial waste", "other wastes" and "waters"
16 shall have the same meaning as these terms are defined in
17 Section 7a 7bb of this Act.
18 (Source: P.A. 84-1320.)
19 (70 ILCS 2605/7bb rep.)
20 Section 10. The Metropolitan Water Reclamation District
21 Act is amended by repealing Section 7bb.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".