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90_SB1120
55 ILCS 5/5-1062.2 new
Amends the Counties Code. Allows the county board of a
county served by the East-West Gateway Coordinating Council
to authorize a 9-member stormwater management committee to
develop, implement, and administer an urban stormwater plan
for watersheds in the county. Allows the committee to enter
into contracts and retain personnel. Requires the committee
to submit the stormwater management plan to the Department of
Natural Resources for review and non-binding recommendations.
Requires the committee to hold at least one public hearing on
the preliminary plan in each affected watershed and the
county seat. Allows the county board to establish rates and
charges for furnishing services. States that service charge
fees shall not be collected until the question of whether to
collect the fees has been submitted to the electors and
approved by a majority of the voters. Allows the county to
issue revenue bonds. Preempts home rule powers.
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1 AN ACT to amend the Counties Code by adding Section
2 5-1062.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by adding
6 Section 5-1062.2 as follows:
7 (55 ILCS 5/5-1062.2 new)
8 Sec. 5-1062.2. Stormwater management; southwestern
9 Illinois.
10 (a) The purpose of this Section is to prevent, mitigate,
11 and repair the effects of urbanization on stormwater drainage
12 in the southwestern Illinois counties located in the area
13 served by the East-West Gateway Coordinating Council.
14 References to "county" in this Section shall apply only to
15 those counties. The purpose of this Section shall be
16 achieved by:
17 (i) consolidating the existing stormwater
18 management framework into a united, countywide structure;
19 (ii) setting minimum standards for floodplain and
20 stormwater management;
21 (iii) preparing a countywide plan, incorporating
22 watershed plans, for the control of stormwater runoff;
23 and
24 (iv) coordinating stormwater management with
25 adjoining counties through intergovernmental agreements.
26 (b) The county board may authorize, by resolution, a
27 stormwater management planning committee to develop,
28 implement, and administer an urban stormwater management plan
29 for any watersheds in the county. Reference to "committee"
30 in this Section shall apply only to the stormwater management
31 planning committee. Any reference to county board shall also
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1 include county commission.
2 The management plan shall include: (i) reasonable rules,
3 regulations, standards, and ordinances to manage urban
4 stormwater; (ii) a plan for capital improvements within the
5 watersheds; and (iii) a financial plan that meets the
6 requirements of subsection (q). The management plan may
7 include but is not limited to all facilities and activities
8 of a stormwater management system identified in subsection
9 (y).
10 (c) The committee shall consist of 9 members with at
11 least 4 members from each major political party.
12 The county board chairperson shall appoint the following
13 members: Two elected county board members; a representative
14 of agricultural land use; a representative of residential
15 land use; a representative of commercial land use; and a
16 representative of industrial land use. The mayors of the
17 municipalities within the county shall select two mayors to
18 be members of the committee. The drainage districts within
19 the county shall select one drainage district commissioner to
20 be a member of the committee. No more than one committee
21 member may be appointed from any one township within the
22 county. The committee members shall serve for a term of 3
23 years. The initial members shall be appointed as follows: 3
24 members shall be appointed for 1 year; 3 members shall be
25 appointed for 2 years; and 3 members shall be appointed for 3
26 years. The length of term will be determined by drawing.
27 Vacancies on the committee shall be filled in the same manner
28 as the original appointments. Committee members shall not
29 receive compensation as salary but shall be reimbursed for
30 expenses.
31 The committee shall adopt by-laws, by a majority vote of
32 the committee members, to govern the functions of the
33 committee and its subcommittees. Officers of the committee
34 shall include a chair and vice chair elected by the
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1 Committee.
2 (d) After authorization by the county board, the
3 committee shall have the duty to: (i) develop a stormwater
4 management plan for presentation to and approval by the
5 county board, and (ii) direct the plan's implementation,
6 management, and revision. A regional stormwater committee
7 may be established through intergovernmental agreements to
8 provide coordination of activities under this Section.
9 The committee shall appoint subcommittees within each
10 watershed to assist with the planning process. Each
11 subcommittee shall include at least one representative from
12 each drainage district within the watershed. The committee
13 may enter into contracts for engineering, legal, and
14 financial advice. The committee may enter into contracts for
15 implementation, operation, and maintenance of the facilities
16 and activities identified in subsection (y). The committee
17 may retain a stormwater system manager, a secretary, and
18 inspection personnel.
19 The county board shall provide the necessary moneys for
20 development of the plan. The county board may establish
21 reasonable deadlines for the committee to present preliminary
22 and final plans.
23 The committee shall meet at least quarterly and shall
24 hold at least one public hearing within each watershed before
25 the development of the plan to solicit public comment on
26 possible solutions to the stormwater problems within the
27 watershed. Notice of the hearings shall be published at
28 least once not less than 15 days before each public hearing
29 in a newspaper of general circulation published in the
30 county. The notice shall state the time, place, and purpose
31 of the hearing.
32 (e) A municipality or drainage district that is located
33 in more than one county, at the time of authorization of the
34 committee and based on the watershed boundaries, shall
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1 participate in the stormwater management planning program of
2 either or both of the counties that have appointed a
3 stormwater management planning committee.
4 (f) In preparation of a stormwater control plan, the
5 committee shall coordinate the planning process with each
6 adjoining county to ensure that recommended stormwater
7 projects will have no significant, adverse impact on the
8 levels or flows of stormwater in inter-county watershed or on
9 the capacity of existing and planned stormwater retention
10 facilities. An adopted stormwater management plan shall
11 identify steps taken by the county to coordinate the
12 development of plan recommendations with adjoining counties.
13 (g) Before the committee recommends a stormwater
14 management plan for the county or a portion of the county to
15 the county board, it shall submit the plan to the Department
16 of Natural Resources for review and recommendations. In
17 reviewing the plan the Department shall consider factors such
18 as impacts on the levels or flows in rivers and streams and
19 the cumulative effects of stormwater discharges on flood
20 levels and shall evaluate compliance with the requirements of
21 subsection (j). Within a period not to exceed 60 days, the
22 review comments and recommendations shall be submitted to the
23 committee for consideration. Any amendments to the plan
24 shall be submitted to the Department for review. Comments
25 from the Department on the plan or amendments shall not be
26 binding on the county board.
27 (h) After the committee has developed a preliminary
28 management plan for the county or a portion of the county, it
29 shall hold at least one public hearing in each affected
30 watershed and shall give interested persons an opportunity to
31 be heard.
32 Following the watershed hearings on the preliminary plan
33 but before the committee recommends a stormwater management
34 plan to the county board, the committee shall hold at least
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1 one public hearing on the plan in the county seat and shall
2 afford interested persons an opportunity to be heard.
3 Notice of the hearings shall be published at least once
4 not less than 15 days before the hearing in a newspaper of
5 general circulation published in the county. The notice
6 shall state the time and place of the hearings and the place
7 where copies of the proposed plan will be accessible for
8 examination by interested parties.
9 If an affected drainage district or an affected
10 municipality having a stormwater management plan adopted by
11 ordinance wishes to protest the proposed county plan
12 provisions, the drainage district or municipality shall
13 appear at the hearing held in the county seat and submit
14 specific written proposals to the committee.
15 After consideration of the matters raised at the
16 hearings, the committee may amend or approve the plan and
17 recommend it to the county board for adoption.
18 (i) The county board may, by ordinance approved by a
19 simple majority vote, approve the proposed plan or any
20 amendment to the plan as recommended by the committee.
21 If the proposals for modification of the stormwater
22 management plan made by any municipality or drainage district
23 located within a watershed impacted by the plan are not
24 included in the proposed plan and the municipality or
25 drainage district opposes the adoption of the county plan by
26 resolution of its corporate authorities, approval of the plan
27 shall require an affirmative vote of at least two-thirds of
28 the elected members of the county board.
29 If the county board wishes to amend the plan recommended
30 by the committee, it shall submit specific written proposals
31 to the committee. If the proposals are not approved by the
32 committee, the affirmative vote of two-thirds of the elected
33 members of the county board shall be required to approve the
34 amendment. If the proposals for amendment are opposed by
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1 resolution of the corporate authorities of any municipality
2 or drainage district located within a watershed impacted by
3 the plan, amendment of the plan shall require the affirmative
4 vote of at least two-thirds of the elected members of the
5 county board.
6 (j) The county board may prescribe by ordinance
7 reasonable rules and standards for stormwater and flood plain
8 management and for governing the location, width, course, and
9 release rate of all stormwater runoff channels, streams,
10 lakes, and basins in the unincorporated and incorporated
11 portions of the county, in accordance with the adopted
12 stormwater management plan. These rules and standards shall,
13 at a minimum, meet the standards for floodplain management
14 established by the Illinois Department of Natural Resources
15 and the requirements of the Federal Emergency Management
16 Agency for participation in the National Flood Insurance
17 Program.
18 (k) The county board may establish rates and charges,
19 including interest and penalties, for furnishing services to:
20 (i) persons served by or using a stormwater
21 management system;
22 (ii) persons to be served by or to use a stormwater
23 management system; or
24 (iii) persons contributing to an increase of
25 surface water runoff.
26 (l) The service rates and charges shall be imposed on
27 all persons described in item (i), (ii), or (iii) owning real
28 property within the watershed basins and within the county's
29 boundaries as prescribed in sections (n) and (u). The service
30 rates and charges shall be uniform for the same class of use
31 or service and shall be based on the amount of impervious
32 area on the property. "Impervious area" means that area of
33 the property that is covered by materials other than soil and
34 vegetation and that has no intended capacity to absorb
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1 stormwater.
2 (m) The service rates and charges shall be used to plan,
3 implement, and administer the adopted stormwater management
4 plan. The county may use the service rates and charges to
5 finance activities undertaken by its included municipalities
6 or drainage districts to implement the adopted stormwater
7 management plan.
8 A service charge base fee for all properties shall be
9 used for countywide stormwater management program development
10 and administration. Service charge fees above the base fees
11 shall be used for watershed specific portions of stormwater
12 management planning and plan implementation. Service charge
13 fees shall be held in a separate fund and shall be expended
14 only in the watershed within which they are collected.
15 (n) The total service charge base fee described in
16 subsection (m) shall not exceed 0.05% of the value, as
17 equalized or assessed by the Department of Revenue, of all
18 taxable property in the county. Also, for private property
19 in the county, the service charge base fee imposed on an
20 individual property shall not exceed 0.05% of its equalized
21 or assessed value. The total of all service charge fees
22 authorized in subsection (m) shall not exceed 0.20% of the
23 value, as equalized or assessed by the Department of Revenue,
24 of all taxable property in the county. Also, for private
25 property, the total of all service charge fees authorized in
26 subsection (m) imposed on an individual property shall not
27 exceed 0.20% of its equalized or assessed value. All public
28 and private property that is exempt from real estate
29 taxation, except streets and roads, shall be subject to
30 service fees on the same basis as comparably used or valued
31 taxable property.
32 (o) The service charge fees authorized in subsection (m)
33 shall not be collected until the question of whether to
34 collect the fees, either for a specified period or
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1 indefinitely, has been submitted to the electors and approved
2 by a majority of those voting on the question. This question
3 may be submitted at any election held in the county after the
4 adoption of a resolution by the county board providing for
5 the submission of the question to the county. The county
6 board shall certify the resolution and proposition to the
7 proper election officials. The election officials shall
8 submit the proposition at an election in accordance with the
9 general election law. The question shall be in substantially
10 the following form:
11 Shall (name of county) be permitted to collect
12 service charge fees on each parcel of real property in
13 the county based on each parcel's impervious area, for
14 (state period), for stormwater management activities?
15 The votes shall be recorded as "Yes" or "No".
16 (p) The county board may adopt a schedule of fees as may
17 be necessary to mitigate the effects of increased stormwater
18 runoff resulting from new development or construction. The
19 fees shall not exceed the cost of satisfying the on-site
20 stormwater retention or detention requirements of the adopted
21 stormwater management plan. The fees imposed under this
22 subsection (p) shall be in addition to any service rates and
23 charges established under subsection (m).
24 The county shall use the fees established under this
25 subsection (p) to mitigate the effects of urban stormwater
26 runoff by providing regional stormwater facilities as
27 identified in the county plan. The county may use the fees to
28 finance activities undertaken by its included municipalities
29 or drainage districts to mitigate the effects of urban
30 stormwater runoff by providing regional stormwater retention
31 or detention facilities as identified in the county plan.
32 All such fees collected by the county shall be held in a
33 separate fund and shall be expended only in the watershed
34 within which they are collected.
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1 (q) The service rates and charges above the service
2 charge base fee may not be imposed until the committee
3 develops a stormwater management financial plan. The
4 financial plan shall be adopted by the county board under
5 subsection (i) of this Section. The capital facility and
6 maintenance components of the financial plan shall be
7 categorized by watershed. Service charge rates above the
8 base fee shall be established by watershed to reflect the
9 different levels of stormwater development and maintenance
10 needed in each watershed. The financial plan shall include,
11 without limitation:
12 (i) a list and topographical description of
13 watershed basins in the county;
14 (ii) a list, categorized by watershed basin, of the
15 capital facilities, land acquisition, and maintenance
16 activities required to implement the stormwater
17 management plan, including a plan for the operation and
18 maintenance of the capital facilities;
19 (iii) a description of the stormwater management
20 systems to be established in each watershed basin; the
21 description shall include a general schedule for the
22 implementation and maintenance of the systems;
23 (iv) a general description of the relationship
24 between the service rates and charges and the
25 contribution of stormwater runoff to the stormwater
26 management system; and
27 (v) a general description of the costs of
28 collecting the service rates and charges.
29 (r) The county may accept grants, gifts, contributions,
30 or in-kind or contributed services to implement the adopted
31 stormwater management plan.
32 (s) The financial plan shall be reviewed and revised as
33 necessary, but must be reviewed and revised at least every 5
34 years. Any revision shall be subject to public notice and
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1 hearing requirements of subsection (h) of this Section.
2 (t) The service rates and charges collected above the
3 base fee under this Section shall be deposited into a
4 special fund or funds in the county treasury to be used
5 solely within the watershed in which the funds were collected
6 to:
7 (i) pay all or any part of the cost of planning,
8 designing, establishing, acquiring, developing, managing,
9 constructing, and improving the stormwater management
10 systems;
11 (ii) pay all or any part of the cost of maintaining
12 and operating the stormwater management systems; and
13 (iii) pay or secure the payment of all or any
14 portion of any issue of revenue bonds issued under this
15 Section for a purpose described in items (i) or (ii) of
16 this subsection.
17 (u) All governmental entities owning real property
18 within a watershed basin, including the federal government,
19 the State of Illinois, and their agencies, shall be subject
20 to service rates and charges for stormwater management
21 systems to the same extent as private persons. Public
22 streets, highways, and roadways shall not be subject to the
23 service rates and charges. All owners of privately held tax
24 exempt property shall be subject to the service rates and
25 charges and limitations to the same extent as owners of
26 taxable property.
27 The service rates and charges shall be determined on the
28 basis of the impervious area of any parcel of public or
29 private property and shall be established by watershed to
30 reflect the different levels of stormwater management system
31 development and maintenance required in each watershed.
32 (v) In fixing the service rates and charges, the county
33 board shall reduce the service rates and charges for any
34 property by considering the services furnished or to be
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1 furnished by the user of the stormwater management system.
2 Reduction of stormwater service rates and charges shall be
3 based on the nature and extent of the use of the stormwater
4 management system, the character and use of the land, the
5 land's stormwater runoff characteristics, and any other
6 matters that present a reasonable difference as a ground for
7 distinction.
8 (w) The service rates and charges shall be established
9 and revised, shall be due and payable, and shall be in force
10 as the county board determines by ordinance except as
11 otherwise limited by this Section. Stormwater service rates
12 and charges established by the county board shall not be
13 subject to any regulations covering rates and charges for
14 similar services provided by privately owned entities.
15 (x) A county shall have a lien for delinquent stormwater
16 service rates and charges, including interest on the
17 delinquent amount, on any property against which the service
18 rates and charges were imposed. The lien shall be superior
19 to all other liens and encumbrances except general taxes and
20 local and special assessments. A county shall have no
21 preference, in any lien under this subsection, over the
22 rights of any purchaser, mortgagee, judgment creditor, or any
23 lien holder arising before the notice of filing of the lien
24 in the office of the recorder of the county in which the real
25 estate is located. This notice shall consist of a sworn
26 statement by an authorized officer or employee of the county.
27 The statement shall include:
28 (i) a description of the real estate sufficient for
29 the identification including the tax identification
30 number, if any;
31 (ii) the amount of money due; and
32 (iii) the date when the amount became delinquent.
33 The county may enforce a lien for stormwater service
34 rates and charges in the same manner and with the same effect
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1 as the enforcement of a lien for utility charges or real
2 estate taxes.
3 (y) A county may issue revenue bonds, as authorized
4 under this Section, payable from the revenue derived from one
5 or more stormwater control systems as provided by the
6 ordinance authorizing the bonds. For the purposes of revenue
7 bond funded activities, "stormwater management systems"
8 includes all of the following: any facility, improvement,
9 development, project, or property, or any interest in any of
10 those, that are constructed or acquired to control, treat, or
11 protect life or property from storm, waste, flood, or surplus
12 waters. The term includes, but is not limited to: levees,
13 revetments, and bulkheads; the removal of obstructions,
14 including but not limited to bars, logs, and debris, from
15 water courses; the clearing, deepening, widening,
16 straightening, changing, relocating, or otherwise improving
17 and maintaining of water courses; the acquisition of real or
18 personal property or rights and interests in real or personal
19 property to provide for the free or natural flow or detention
20 of flood or storm water; storm sewers, retention ponds, dams,
21 impounding basins, wetlands, and dikes; the construction,
22 operation, and maintenance of any other works, structures,
23 and improvements necessary for the control of, treatment of,
24 or protection of life or property from storm, waste, flood,
25 or surplus waters; the provision of related public
26 information and the condemnation of land and other property
27 and rights and interests in land and other property, and the
28 damage of land and other property and rights and interests in
29 land and other property, for stormwater management purposes
30 related to the foregoing after just compensation has first
31 been made or paid into court for the owner in the manner
32 prescribed by Article VII of the Code of Civil Procedure.
33 (z) A county may borrow money to maintain, operate,
34 design, establish, acquire, develop, construct, or improve a
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1 stormwater management system and, as evidence of that
2 borrowing, may issue its revenue bonds, payable solely from
3 the revenue derived from the stormwater management system
4 operation, the stormwater service rates and charges,
5 installments of those service rates and charges, and interest
6 and penalties imposed on those service rates and charges.
7 The revenue bonds may be issued in amounts necessary to
8 provide sufficient moneys to pay all the costs of
9 maintaining, operating, designing, establishing, acquiring,
10 developing, constructing, or improving the stormwater
11 management system, including but not limited to engineering,
12 legal, and other expenses. Bonds issued under this Section
13 are negotiable instruments. If an officer whose signature
14 appears on the bonds ceases to hold office before the bonds
15 are delivered, that officer's signature shall be valid and
16 sufficient for all purposes, the same as though the officer
17 had remained in office until the bonds were delivered.
18 (aa) Whenever the county board determines to maintain,
19 operate, design, establish, acquire, develop, construct, or
20 improve a stormwater management system and to issue bonds
21 under this Section for the payment of the cost of the system,
22 the county board shall adopt an ordinance describing, in a
23 general way, the contemplated project. The ordinance need
24 not refer to the plans and specifications. Detailed plans
25 and specifications of the project need not be on file for
26 public inspection before the ordinance is adopted.
27 The ordinance shall:
28 (i) state the estimated cost of the project;
29 (ii) determine the project's period of usefulness;
30 and
31 (iii) fix the amount of revenue bonds proposed to
32 be issued, maturity or maturities of the bonds, interest
33 rate or rates on the bonds (which shall not exceed the
34 maximum rate authorized by the Bond Authorization Act),
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1 and all other details in connection with the bonds.
2 To secure payment of the bonds, the ordinance shall set
3 forth the covenants and undertakings of the county in
4 connection with the issuance of the bonds, the use and
5 operation of the stormwater management system, and the use
6 and disposition of the funds and accounts created with
7 respect to the bonds.
8 The ordinance may contain covenants and restrictions upon
9 the issuance of additional revenue bonds that the county
10 board considers necessary or desirable.
11 The ordinance shall pledge the revenues derived from the
12 operation of the stormwater management systems, the
13 stormwater service rates and charges, installments of those
14 service rates and charges, and interest and penalties on
15 those service rates and charges to:
16 (i) pay the cost of maintaining and operating the
17 stormwater management systems;
18 (ii) provide an adequate depreciation fund; and
19 (iii) pay the principal of and interest on the
20 bonds issued under this Section.
21 (bb) All bonds issued under this Section are payable
22 solely from the revenue derived from the operation of the
23 stormwater management systems, the stormwater service rates
24 and charges, installments of those service rates and charges,
25 and interest and penalties on those service rates and
26 charges. The bonds shall not constitute an indebtedness of
27 the county within the meaning of any constitutional or
28 statutory limitation. Each bond shall have plainly stated on
29 its face that the bond does not constitute an indebtedness of
30 the county within any constitutional or statutory limitation.
31 (cc) Service rates and charges established by a county
32 board under this Section shall be sufficient at all times (i)
33 to pay the cost of maintaining and operating the county's
34 stormwater management system, (ii) to pay the principal of
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1 and interest on all bonds issued under this Section, (iii) to
2 provide a reasonable depreciation fund established under the
3 ordinance authorizing the issuance of the bonds, and (iv) to
4 maintain other reserves and sinking funds the county board
5 considers necessary or desirable for the payment of the bonds
6 or the expansion, extension, or improvement of a stormwater
7 management system.
8 (dd) As long as any revenue bonds issued by the county
9 under this Section are outstanding, all revenue dedicated to
10 the retirement of the revenue bonds and interest and
11 penalties on those service rates and charges shall be set
12 aside as collected and shall be deposited as provided in
13 subsection (t) of this Section.
14 (ee) Every county that issues bonds under this Section
15 shall install and maintain a proper system of accounts
16 showing:
17 (i) the amount of revenue derived from the
18 stormwater management systems, the stormwater service
19 rates and charges, installments of those service rates
20 and charges, and interest and penalties on those service
21 rates and charges; and
22 (ii) the application of that revenue.
23 The county board shall conduct an annual audit. A report
24 of that audit shall be open for inspection at all proper
25 times by any taxpayer, service charge payor, holder of any
26 bond issued under this Section, or the representative of any
27 of those persons.
28 (ff) The holder of any bond issued under this Section
29 may, by civil action, mandamus, injunction, or other
30 proceeding, compel the officials of a county issuing bonds
31 under this Section to perform all duties imposed on them by
32 this Section, including the establishment and collection of
33 sufficient service rates and charges for that purpose and the
34 proper application of the revenue derived from the operation
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1 of the stormwater management systems, the stormwater service
2 rates and charges, installments of those service rates and
3 charges, and interest and penalties on those rates and
4 charges.
5 (gg) A home rule county may provide for stormwater
6 service rates and charges and may issue revenue bonds in
7 connection with a stormwater management system only as
8 provided in this Section. This Section is a denial and
9 limitation, under subsection (g) of Section 6 of Article VII
10 of the Illinois Constitution, of the power of a home rule
11 county to provide for stormwater service rates and charges
12 and to issue revenue bonds in connection with stormwater
13 management systems other than as provided in this Section.
14 (hh) The power granted by this Section to a county or
15 county board are supplemental to the other powers granted by
16 this Code. Before exercising any powers granted by this
17 Section, a county board shall determine that the exercise of
18 powers under this Section conforms to the county's stormwater
19 management plan.
20 (ii) Upon the creation and implementation of a county
21 stormwater management plan, the county, upon recommendation
22 by the committee, may petition the circuit court to dissolve
23 any or all inactive drainage districts created under the
24 Illinois Drainage Code or predecessor Acts if the drainage
25 districts are located entirely within the area of the county
26 served by the plan. To be classified as inactive, a drainage
27 district shall not have levied any taxes or special
28 assessments nor have had elected or appointed trustees for
29 the preceding 10 years.
30 The committee shall not enforce any rules that would
31 interfere with the ability of any active drainage district to
32 operate, maintain, and improve its system for the purpose of
33 production of an agricultural commodity crop. The committee
34 may enforce rules and impose service fees as provided in
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1 other sections.
2 The committee and county shall not have the authority to
3 require any drainage district to disburse drainage district
4 funds. Service rates and charges including base fees on
5 property within drainage districts shall be credited for that
6 portion of any drainage district taxes or special assessments
7 upon the property used by the district for implementing
8 activities identified in the plan.
9 The dissolution of any drainage district shall not affect
10 the obligation of any bonds issued or contracts entered into
11 by the district nor invalidate the levy, extension, or
12 collection of any taxes or special assessments upon the
13 property in the former drainage district. All property and
14 obligations of the former drainage district shall be assumed
15 and managed by the county, and the debts of the former
16 drainage district shall be discharged as soon as practicable.
17 If an inactive drainage district lies only partly within
18 a county that adopts a county stormwater control plan, the
19 county may petition the circuit court to disconnect from the
20 drainage district that portion of the district that lies
21 within that county. The property of the drainage district
22 within the disconnected area shall be assumed and managed by
23 the county. The county shall also assume a portion of the
24 drainage district's debt at the time of disconnection based
25 on the portion of the value of the taxable property of the
26 drainage district that is located within the area being
27 disconnected.
28 The rules, standards, and operations of any drainage
29 districts that continue to exist in a county that has adopted
30 a stormwater management plan in accordance with this Section
31 shall be equivalent to the rules and standards in the adopted
32 plan.
33 (jj) Upon adoption of the plan, the committee may, after
34 10 days' written notice to the owner or occupant, enter upon
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1 any lands or waters within the county to inspect a stormwater
2 management system, construct any stormwater management
3 system, or cause the removal of any obstruction to an
4 affected watercourse. If, however, an obstruction of the
5 watercourse has the potential to cause imminent property
6 damages, the committee may, after efforts to contact the
7 property owner, enter upon any lands or waters within the
8 county to remove the obstruction. The committee shall be
9 responsible for any damages that occur upon entry.
10 (kk) Upon petition of the municipality, and based on a
11 finding of the committee, the committee and county shall not
12 enforce rules adopted by the county, other than service rates
13 and charges, interest and penalties, and any rules related to
14 the service rates and charges, in any municipality located
15 wholly or partly within the county that has a municipal
16 stormwater management ordinance that is consistent with and
17 at least as stringent as the county plan and ordinance if the
18 plan is being enforced by the municipal authorities.
19 The committee and county shall not have the authority to
20 require any municipality to disburse municipal funds.
21 Service rates and charges on property within a municipality
22 shall be credited for that portion of any municipal taxes or
23 special assessments upon the property used by the
24 municipality for implementing activities identified in the
25 plan.
26 (ll) The powers authorized by this Section may be
27 implemented by the county board for a portion of the county
28 subject to similar stormwater control needs.
29 (mm) The powers and taxes authorized by this Section are
30 in addition to the powers and taxes authorized by Division
31 5-15; in exercising its powers under this Section. A county
32 shall not be subject to the restrictions and requirements of
33 that Division.
34 (nn) This Section is a denial and limitation under
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1 subsection (g) and (i) of Section 6 of Article VII of the
2 Illinois Constitution of the power of home rule counties to
3 exercise any power inconsistent with this Section. The
4 Section does not prohibit the concurrent exercise of powers.