State of Illinois
90th General Assembly

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      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.
 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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