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90_SB1120ham001
LRB9003548DNmbam02
1 AMENDMENT TO SENATE BILL 1120
2 AMENDMENT NO. . Amend Senate Bill 1120 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Counties Code is amended by adding
5 Section 5-1062.2 as follows:
6 (55 ILCS 5/5-1062.2 new)
7 Sec. 5-1062.2. Stormwater management; southwestern
8 Illinois.
9 (a) Purpose. Because stormwater management is crucial
10 to optimize economic development and improve the quality of
11 life in southwestern Illinois, the purpose of this Section
12 is:
13 (1) to allow for the management and mitigation of
14 the effects of urbanization on stormwater drainage in the
15 southwestern Illinois counties of Madison, Monroe, and
16 St. Clair;
17 (2) to set minimum standards for floodplain and
18 stormwater management; and
19 (3) to prepare plans for the management of
20 floodplains and stormwater runoff, including the
21 management of natural and manmade drainage ways.
22 (b) The purposes of this Section shall be achieved by
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1 creating the Southwestern Illinois Stormwater Management
2 Committee to study and plan for stormwater management in
3 southwestern Illinois.
4 (c) Definitions. For purposes of this Section:
5 (1) "Board" or "county board" means the county
6 board, or county commission, of a respective county.
7 (2) "Committee" means the stormwater management
8 planning committee.
9 (3) "County" means only those southwestern Illinois
10 counties served by the East-West Gateway Coordinating
11 Council and includes Madison, Monroe, and St. Clair.
12 (4) "Drainage district" means an active drainage
13 district that has levied taxes or special assessments, or
14 has elected or appointed trustees, within the preceding
15 10 years.
16 (5) "Impervious area" means, without limitation,
17 that area of property that is covered by materials other
18 than soil and vegetation and that has no intended
19 capacity to absorb stormwater, such as parking lots,
20 driveways, sidewalks, patios, tennis courts, roofs, and
21 other structures.
22 (6) "Runoff" or "stormwater runoff" means waters
23 derived from melting snow or rain that exceed the
24 infiltration capacity of the soil; rainfall not absorbed
25 or detained by soil material, nor lost by evaporation.
26 (7) "Stormwater management" includes all of the
27 following: any facility, improvement, development,
28 project, or property, or any interest in any of those,
29 that are constructed or acquired to control, treat, or
30 protect life or property from storm, waste, flood, or
31 surplus waters. "Stormwater management" includes, but is
32 not limited to, levees, spoil banks, revetments, and
33 bulkheads; the removal of obstructions, including but not
34 limited to bars, logs, and debris from water courses; the
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1 clearing, deepening, widening, straightening, changing,
2 relocating, or otherwise improving and maintaining water
3 courses; the acquisition of real or personal property or
4 rights and interests in real or personal property to
5 provide for the free or natural flow or detention of
6 flood or storm water, storm bowers, retention ponds,
7 dams, impounding basins, wetlands, and dikes; the
8 construction, operation, and maintenance of any other
9 works, structures, and improvements necessary for the
10 control, treatment, or protection of life or property
11 from storm, waste, flood, or surplus waters; the
12 provision of related public information; the condemnation
13 of land and other property and rights and interests in
14 land and other property; and the damage of land and other
15 property and rights and interests in land and other
16 property, for stormwater management purposes related to
17 the foregoing after just compensation has first been made
18 or paid into court for the owner in the manner prescribed
19 by Article VII of the Code of Civil Procedure.
20 (8) "Watershed" means all land area drained by, or
21 contributing water to, the same stream, lake, marsh,
22 stormwater facility, groundwater, or low area.
23 (d) Committee. The Southwestern Illinois Stormwater
24 Management Committee shall be established by county board
25 resolution and shall consist of 10 appointed members. The
26 county board chairman of each county, or in the case of a
27 home rule county, the chief executive officer of that county,
28 shall appoint one member to the committee, with the advice
29 and consent of the county board. The Southwestern Illinois
30 Council of Mayors shall appoint one mayor from each county.
31 The Governor shall appoint 3 members to the Committee, which
32 shall include representatives from the following interest
33 groups: real estate development, real estate brokerage, and
34 agriculture. One member shall be appointed by the drainage
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1 districts in the 3 counties.
2 (1) Vacancies shall be filled in the same manner as
3 the original appointments.
4 (2) Committee members shall serve from the
5 effective date of this amendatory Act of 1997 until June
6 30, 1998.
7 (3) The Committee shall select a chairperson from
8 its members and shall adopt, by majority vote, by-laws to
9 govern its operation. Committee members shall serve
10 without compensation.
11 (e) Stormwater Management Plan.
12 (1) The Committee shall develop a stormwater
13 management plan for presentation to and approval by the
14 county boards. In preparing the stormwater management
15 plan, the Committee shall coordinate the planning process
16 with each county to ensure that recommended stormwater
17 management projects will have no significant impact on
18 the levels or flows of stormwater in inter-county
19 watersheds or on the capacity of existing and planned
20 stormwater retention facilities.
21 (2) The Committee may seek advice in developing
22 recommendations for the stormwater management plan;
23 however, the Committee is solely responsible for
24 submitting recommendations for the implementation of its
25 stormwater management plan to the county boards.
26 (3) The Committee shall submit recommendations for
27 the implementation of the stormwater management plan on
28 or before January 15, 1998.
29 (4) An adopted stormwater management plan must
30 identify steps to be taken by the counties in order to
31 coordinate the development of the plan recommendations.
32 (5) The Committee shall meet at least quarterly and
33 hold at least one public meeting in each county during
34 the preparation of the stormwater management plan and
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1 prior to submitting the plan to the county boards. The
2 Committee must afford interested persons the opportunity
3 to be heard at the public meeting. The hearings shall be
4 in each county seat. Notice of the hearing must be
5 published at least once not less than 15 days in advance
6 thereof in a newspaper of general circulation published
7 in the county. The notice must state the time and place
8 of the hearing and the place where copies of the proposed
9 plan will be accessible for examination by interested
10 parties. After consideration of the matters raised at the
11 hearing, the Committee may amend or approve the plan.
12 (6) Prior to recommending the adoption of a
13 stormwater management plan to the county boards, the
14 Committee shall submit its plan to the Department of
15 Natural Resources for review and recommendations. The
16 Department shall consider such factors as the impact on
17 the levels or flows in rivers and streams and the
18 cumulative effect of stormwater discharges on flood
19 levels. The Department shall determine whether the plan
20 or ordinances enacted to implement the plan would comply
21 with the requirements set forth in subsection (f) of this
22 Section. Within a period not to exceed 60 days, the
23 Department shall submit its comments and recommendations
24 to the Committee. Any subsequent amendments to the plan
25 must be submitted to the Department for review.
26 (7) The Committee shall direct the implementation
27 and revision of its stormwater management plan.
28 (8) The Committee may request, receive, and
29 distribute federal, State, and local grants for
30 stormwater management within the counties.
31 (f) The county boards may prescribe, by ordinance,
32 reasonable rules to regulate stormwater runoff and enforce
33 stormwater management in unincorporated portions of the
34 counties. These rules shall, at a minimum, meet the
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1 standards for floodplain management established by the
2 Department and the requirements of the Federal Emergency
3 Management Agency for participation in the National Flood
4 Insurance Program.
5 (g) The county boards shall not enforce any rules that
6 would interfere with the ability of any drainage district or
7 farm to operate, maintain, and improve its system for the
8 purpose of production of an agricultural commodity crop.
9 This Section is not intended to limit or affect in any way
10 the powers of municipalities to regulate or control land uses
11 as provided by law. Further, the State of Illinois may not
12 require any unit of local government to expend funds for the
13 purposes of this Section.
14 (h) The provisions of this Section are severable under
15 Section 1.31 of the Statute on Statutes.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".