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90_SB1365 55 ILCS 5/5-1062.2 new Establishes the 7-member Southwestern Stormwater Management Committee to administer funding and promote cooperation in stormwater management in the Counties of Madison, Monroe, and St. Clair through intergovernmental agreements. Provides that each county board chairperson shall appoint 2 members to the Committee and the Governor shall appoint one member. Authorizes these counties to regulate and enforce management of urban stormwater runoff. Effective immediately. LRB9011315PTsb LRB9011315PTsb 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 Section 6 5-1062.2 as follows: 7 (55 ILCS 5/5-1062.2 new) 8 Sec. 5-1062.2. Urban stormwater management in 9 southwestern Illinois. 10 (a) The purpose of this Section is to prevent, mitigate, 11 and remedy the effects of urbanization on stormwater 12 management in the southwestern Illinois counties of Madison, 13 Monroe, and St. Clair. 14 The General Assembly finds that floods have occurred from 15 1993 through 1996 in these counties resulting in the 16 expenditure of millions of dollars of private, local, State, 17 and federal funds for disaster relief. Only a small portion 18 of those funds were expended to remediate the flooding 19 problems. Current stormwater management responsibilities are 20 limited by political boundaries and stormwater knows no 21 boundaries. Therefore, because effective stormwater 22 management is crucial to optimize economic development and 23 improve the quality of life in the area this Section is 24 enacted to: 25 (1) Enable the counties to regulate and enforce 26 management of urban stormwater runoff. 27 (2) Create the Southwestern Illinois Stormwater 28 Management Committee to administer funding and promote 29 cooperation in stormwater management in southwestern 30 Illinois. 31 (b) For the purposes of this Section: -2- LRB9011315PTsb 1 "Committee" means the Southwestern Illinois Stormwater 2 Management Committee. 3 "County" means Madison, Monroe, or St. Clair County. 4 "County Board" means the county board or county 5 commission of a respective county. 6 "Impervious area" means without limitation that area of 7 property that is covered by materials other than soil and 8 vegetation and that has no intended capacity to absorb 9 stormwater, such as parking lots, driveways, sidewalks, 10 patios, tennis courts, roofs, and other structures. 11 "Stormwater management" means any activity related to the 12 regulation of the flow of water from impervious areas. It 13 includes, but is not limited to, planning, education, 14 monitoring, inspection, and enforcement of ordinances. 15 "Stormwater management facility" means any facility, 16 improvement, development, project, property, or any interest 17 in any of these items that is constructed or acquired to 18 control, treat, or protect life or property from storm, 19 flood, or surplus waters. Stormwater management facility 20 includes, but is not limited to, the following: 21 (i) levees, spoil banks, revetments, and 22 bulkheads; 23 (ii) the removal of obstructions, including, 24 but not limited to, bars, logs, and debris from 25 water courses; 26 (iii) the acquisition of real or personal 27 property, rights, or interests to provide for the 28 free, natural flow, detention, or retention of flood 29 or stormwater; 30 (iv) storm sewers, retention ponds, dams, 31 impounding basins, wetlands, and dikes; 32 (v) the construction, operation, and 33 maintenance of any other works or structures, and 34 the improvement necessary for the control, -3- LRB9011315PTsb 1 treatment, or protection of life or property from 2 storm, flood, or surplus waters; 3 (vi) the provision of related public 4 information and the condemnation of land and other 5 property rights and interests, the damage of land 6 and other property rights and interests for 7 stormwater management purposes related to these 8 items after just compensation has been made or paid 9 into court for the owner in the manner prescribed by 10 Article VII of the Code of Civil Procedure. 11 "Stormwater runoff" means waters derived from rain, 12 melting snow, or other precipitation that exceed the capacity 13 of the soil, and rainfall not absorbed or detained by soil 14 nor lost by evaporation. 15 "Urban stormwater runoff" means stormwater runoff from 16 impervious areas and associated parks, lawns, recreational 17 areas, or other land uses commonly associated with urban 18 development. 19 (c) The county board may prescribe by ordinance 20 reasonable rules, regulations, and standards for stormwater 21 and floodplain management and for governing the location, 22 width, course, and release rate of stormwater runoff 23 channels, streams, lakes, and basins in the unincorporated 24 portions of the county for the purpose of mitigating the 25 effects of urban stormwater runoff. 26 (d) The counties shall not enforce any rules or 27 regulations that would interfere with the ability of any 28 drainage district or farm to operate, maintain, and improve 29 its system for the purpose of production of an agricultural 30 commodity crop. Municipalities shall retain all authority for 31 land use control as provided by law and this Section does not 32 limit those powers. The counties may not require any unit of 33 government to expend funds for the purpose of stormwater 34 management. -4- LRB9011315PTsb 1 (e) The county board or commission is authorized to 2 participate in the installation of stormwater management 3 facilities. 4 (f) The Southwestern Illinois Stormwater Management 5 Committee is established by this Section to administer 6 funding and promote cooperation in stormwater management in 7 the southwestern Illinois counties of Madison, Monroe, and 8 St. Clair through intergovernmental agreements. 9 (g) The Southwestern Illinois Stormwater Management 10 Committee shall consist of 7 appointed members. Each county 11 board chairperson, with the advice and consent of the county 12 board, shall appoint 2 members to the committee, and the 13 Governor shall appoint one member to the committee. Vacancies 14 on the committee shall be filled in the same manner as the 15 original appointments. Members shall serve 3-year terms, 16 except that by lottery, the initial committee shall establish 17 initial terms providing that 2 members shall serve one year; 18 2 members shall serve 2 years; and 3 members shall serve 3 19 years to assure that only a portion of the committee is 20 replaced in a given year. 21 (1) The committee shall select a chairperson and 22 various other officers as needed and shall adopt by-laws. 23 The committee members shall not receive compensation for 24 their work. 25 (2) The committee may request, receive, and 26 distribute federal, State, and local grants for 27 stormwater management in the counties. 28 (3) The county boards may authorize county 29 employees to provide assistance to the committee. 30 (h) The provisions of this Section are severable under 31 Section 1.31 of the Statute on Statutes. 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.
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