Public Act 90-0354 of the 90th General Assembly
Public Act 90-0354
SB1001 Enrolled LRB9002315MWcd
AN ACT to amend the Metropolitan Water Reclamation
District Act by changing Sections 7a, 7f, and 7g and by
repealing Section 7bb.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Water Reclamation District
Act is amended by changing Sections 7a, 7f, and 7g as
follows:
(70 ILCS 2605/7a) (from Ch. 42, par. 326a)
Sec. 7a. Discharge into sewers of a sanitary district.
(a) The terms used in this Section are defined as
follows:
"Board of Commissioners" means the Board of Commissioners
of the sanitary district.
"Sewage" means water-carried human wastes or a
combination of water-carried wastes from residences,
buildings, businesses, industrial establishments,
institutions, or other places together with any ground,
surface, storm, or other water that may be present.
"Industrial Wastes" means all solids, liquids, or gaseous
wastes resulting from any commercial, industrial,
manufacturing, agricultural, trade, or business operation or
process, or from the development, recovery, or processing of
natural resources.
"Other Wastes" means decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil, tar,
chemicals, and all other substances except sewage and
industrial wastes.
"Person" means any individual, firm, association, joint
venture, sole proprietorship, company, partnership, estate
copartnership, corporation, joint stock company, trust,
school district, unit of local government, or private
corporation organized or existing under the laws of this or
any other state or country.
"General Superintendent" means the general superintendent
of the sanitary district.
(b) It shall be unlawful for any person to discharge
sewage, industrial waste, or other wastes into the sewerage
system of a sanitary district or into any sewer connected
therewith, except upon the terms and conditions that the
sanitary district might reasonably impose by way of
ordinance, permit, or otherwise.
Any sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
or as authorized by subsections (b) and (c) of Section 46 of
the Environmental Protection Act, is hereby empowered to pass
all ordinances, rules, or regulations necessary to implement
this Section, including but not limited to, the imposition of
charges based on factors that influence the cost of
treatment, including strength and volume, and including the
right of access during reasonable hours to the premises of a
person for enforcement of adopted ordinances, rules, or
regulations.
(c) Whenever the sanitary district acting through the
general superintendent determines that sewage, industrial
wastes, or other wastes are being discharged into the
sewerage system and when, in the opinion of the general
superintendent the discharge is in violation of an ordinance,
rules, or regulations adopted by the Board of Commissioners
under this Section governing industrial wastes or other
wastes, the general superintendent shall order the offending
party to cease and desist. The order shall be served by
certified mail or personally on the owner, officer,
registered agent, or individual designated by permit.
In the event the offending party fails or refuses to
discontinue the discharge within 90 days after notification
of the cease and desist order, the general superintendent
may order the offending party to show cause before the Board
of Commissioners of the sanitary district why the discharge
should not be discontinued. A notice shall be served on the
offending party directing him, her, or it to show cause
before the Board of Commissioners why an order should not be
entered directing the discontinuance of the discharge. The
notice shall specify the time and place where a hearing will
be held and shall be served personally or by registered or
certified mail at least 10 days before the hearing; and in
the case of a unit of local government or a corporation the
service shall be upon an officer or agent thereof. After
reviewing the evidence, the Board of Commissioners may issue
an order to the party responsible for the discharge,
directing that within a specified period of time the
discharge be discontinued. The Board of Commissioners may
also order the party responsible for the discharge to pay a
civil penalty in an amount specified by the Board of
Commissioners that is not less than $100 nor more than $2,000
per day for each day of discharge of effluent in violation of
this Act as provided in subsection (d). The Board of
Commissioners may also order the party responsible for the
violation to pay court reporter costs and hearing officer
fees in a total amount not exceeding $3,000.
(d) The Board of Commissioners shall establish
procedures for assessing civil penalties and issuing orders
under subsection (c) as follows:
(1) In making its orders and determinations, the
Board of Commissioners shall take into consideration all
the facts and circumstances bearing on the activities
involved and the assessment of civil penalties as shown
by the record produced at the hearing.
(2) The Board of Commissioners shall establish a
panel of independent hearing officers to conduct all
hearings on the assessment of civil penalties and
issuance of orders under subsection (c). The hearing
officers shall be attorneys licensed to practice law in
this State.
(3) The Board of Commissioners shall promulgate
procedural rules governing the proceedings, the
assessment of civil penalties, and the issuance of
orders.
(4) All hearings shall be on the record, and
testimony taken must be under oath and recorded
stenographically. Transcripts so recorded must be made
available to any member of the public or any party to the
hearing upon payment of the usual charges for
transcripts. At the hearing, the hearing officer may
issue, in the name of the Board of Commissioners, notices
of hearing requesting the attendance and testimony of
witnesses and the production of evidence relevant to any
matter involved in the hearing and may examine witnesses.
(5) The hearing officer shall conduct a full and
impartial hearing on the record, with an opportunity for
the presentation of evidence and cross-examination of the
witnesses. The hearing officer shall issue findings of
fact, conclusions of law, a recommended civil penalty,
and an order based solely on the record. The hearing
officer may also recommend, as part of the order, that
the discharge of industrial waste be discontinued within
a specified time.
(6) The findings of fact, conclusions of law,
recommended civil penalty, and order shall be transmitted
to the Board of Commissioners along with a complete
record of the hearing.
(7) The Board of Commissioners shall either approve
or disapprove the findings of fact, conclusions of law,
recommended civil penalty, and order. If the findings of
fact, conclusions of law, recommended civil penalty, or
order are rejected, the Board of Commissioners shall
remand the matter to the hearing officer for further
proceedings. If the order is accepted by the Board of
Commissioners, it shall constitute the final order of the
Board of Commissioners.
(8) The Administrative Review Law, and the rules
adopted under that Law, shall govern all proceedings for
the judicial review of final orders of the Board of
Commissioners issued under this subsection.
(9) The civil penalty specified by the Board of
Commissioners shall be paid within 35 days after the
party on whom it is imposed receives a written copy of
the order of the Board of Commissioners, unless the
person or persons to whom the order is issued seeks
judicial review under paragraph (8).
(10) If the respondent seeks judicial review of the
order assessing civil penalties, the respondent shall,
within 35 days after the date of the final order, pay the
amount of the civil penalties into an escrow account
maintained by the district for that purpose or file a
bond guaranteeing payment of the civil penalties if the
civil penalties are upheld on review.
(11) Civil penalties not paid by the times
specified above shall be delinquent and subject to a lien
recorded against the property of the person ordered to
pay the penalty. The foregoing provisions for asserting
liens against real estate by the sanitary district shall
be in addition to and not in derogation of any other
remedy or right of recovery, in law or equity, that the
sanitary district may have with respect to the collection
or recovery of penalties and charges imposed by the
sanitary district. Judgment in a civil action brought by
the sanitary district to recover or collect the charges
shall not operate as a release and waiver of the lien
upon the real estate for the amount of the judgment.
Only satisfaction of the judgment or the filing of a
release or satisfaction of lien shall release the lien.
(e) The general superintendent may order a person to
cease the discharge of industrial waste upon a finding by the
general superintendent that the final order of the Board of
Commissioners entered after a hearing to show cause has been
violated. The general superintendent shall serve the person
with a copy of his or her order either by certified mail or
personally by serving the owner, officer, registered agent,
or individual designated by permit. The order of the general
superintendent shall also schedule an expedited hearing
before a hearing officer designated by the Board of
Commissioners for the purpose of determining whether the
company has violated the final order of the Board of
Commissioners. The Board of Commissioners shall adopt rules
of procedure governing expedited hearings. In no event shall
the hearing be conducted less than 7 days after receipt by
the person of the general superintendent's order.
At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with his or her findings and
recommendations and transmit it to the Board of
Commissioners. If the Board of Commissioners, after
reviewing the findings and recommendations, and the record
produced at the hearings, determines that the person has
violated the Board of Commissioner's final order, the Board
of Commissioners may authorize the plugging of the sewer.
The general superintendent shall give not less than 10 days
written notice of the Board of Commissioner's order to the
owner, officer, registered agent, or individual designated by
permit, as well as the owner of record of the real estate and
other parties known to be affected, that the sewer will be
plugged. The Administrative Review Law, and the rules adopted
under that Law, shall govern all proceedings for the judicial
review of final orders of the Board of Commissioners issued
under this subsection.
The foregoing provision for plugging a sewer shall be in
addition to and not in derogation of any other remedy, in law
or in equity, that the district may have to prevent violation
of its ordinances and orders of its Board of Commissioners.
(f) A violation of the final order of the Board of
Commissioners shall be considered a nuisance. If any person
discharges sewage, industrial wastes, or other wastes into
any waters contrary to the final order of the Board of
Commissioners, the sanitary district acting through the
general superintendent has the power to commence an action or
proceeding in the circuit court in and for the county in
which the sanitary district is located for the purpose of
having the discharge stopped either by mandamus or
injunction, or to remedy the violation in any manner provided
for in this Section.
The court shall specify a time, not exceeding 20 days
after the service of the copy of the complaint, in which the
party complained of must plead to the complaint, and in the
meantime, the party may be restrained. In case of default or
after pleading, the court shall immediately inquire into the
facts and circumstances of the case and enter an appropriate
judgment in respect to the matters complained of. Appeals
may be taken as in other civil cases.
(g) The sanitary district, acting through the general
superintendent, has the power to commence an action or
proceeding for mandamus or injunction in the circuit court
ordering a person to cease its discharge, when, in the
opinion of the general superintendent, the person's discharge
presents an imminent danger to the public health, welfare, or
safety, presents or may present an endangerment to the
environment, or threatens to interfere with the operation of
the sewerage system or a water reclamation plant under the
jurisdiction of the sanitary district. The initiation of a
show cause hearing is not a prerequisite to the commencement
by the sanitary district of an action or proceeding for
mandamus or injunction in the circuit court. The court shall
specify a time, not exceeding 20 days after the service of a
copy of the petition, in which the party complained of must
answer the petition, and in the meantime, the party may be
restrained. In case of default in answer or after answer,
the court shall immediately inquire into the facts and
circumstances of the case and enter an appropriate judgment
order in respect to the matters complained of. An appeal may
be taken from the final judgment in the same manner and with
the same effect as appeals are taken from judgment of the
circuit court in other actions for mandamus or injunction.
(h) Whenever the sanitary district commences an action
under subsection (f) of this Section, the court shall assess
a civil penalty of not less than $1,000 nor more than $10,000
for each day the person violates a Board order. Whenever the
sanitary district commences an action under subsection (g) of
this Section, the court shall assess a civil penalty of not
less than $1,000 nor more than $10,000 for each day the
person violates the ordinance. Each day's continuance of the
violation is a separate offense. The penalties provided in
this Section plus interest at the rate set forth in the
Interest Act on unpaid penalties, costs, and fees, imposed by
the Board of Commissioners under subsection (d), the
reasonable costs to the sanitary district of removal or other
remedial action caused by discharges in violation of this
Act, reasonable attorney's fees, court costs, and other
expenses of litigation together with costs for inspection,
sampling, analysis, and administration related to the
enforcement action against the offending party are
recoverable by the sanitary district in a civil action.
(i) The Board of Commissioners may establish fees for
late filing of reports with the sanitary district required by
an ordinance governing discharges. The sanitary district
shall provide by certified mail a written notice of the fee
assessment that states the person has 30 days after the
receipt of the notice to request a conference with the
general superintendent's designee to discuss or dispute the
appropriateness of the assessed fee. Unless a person objects
to paying the fee for filing a report late by timely
requesting in writing a conference with a designee of the
general superintendent, that person waives his or her right
to a conference and the sanitary district may impose a lien
recorded against the property of the person for the amount of
the unpaid fee.
If a person requests a conference and the matter is not
resolved at the conference, the person subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
person's liability for and the amount of the fee.
If the hearing officer finds that the late filing fees
are owed to the sanitary district, the sanitary district
shall notify the responsible person or persons of the hearing
officer's decision. If payment is not made within 30 days
after the notice, the sanitary district may impose a lien on
the property of the person or persons.
Any liens filed under this subsection shall apply only to
the property to which the late filing fees are related. A
claim for lien shall be filed in the office of the recorder
of the county in which the property is located. The filing
of a claim for lien by the district does not prevent the
sanitary district from pursuing other means for collecting
late filing fees. If a claim for lien is filed, the sanitary
district shall notify the person whose property is subject to
the lien, and the person may challenge the lien by filing an
action in the circuit court. The action shall be filed
within 90 days after the person receives the notice of the
filing of the claim for lien. The court shall hear evidence
concerning the underlying reasons for the lien only if an
administrative hearing has not been held under this
subsection.
(j) If the provisions of any paragraph of this Section
are declared unconstitutional or invalid by the final
decision of any court of competent jurisdiction, the
provisions of the remaining paragraphs continue in effect.
(k) Nothing in this Section eliminates any of the powers
now granted to municipalities having a population of 500,000
or more as to design, preparation of plans, and construction,
maintenance, and operation of sewers and sewerage systems, or
for the control and elimination or prevention of the
pollution of their waters or waterways, in the Illinois
Municipal Code or any other Act of the State of Illinois. It
shall be unlawful, for any person, firm, association, or
corporation in possession of or controlling and operating any
industrial or manufacturing plant to discharge into the
sewers or works of a sanitary district or into any sewer
connected therewith, any discharge of any nature whatever
from any industrial or manufacturing plant except upon such
terms and conditions as the sanitary district might
reasonably impose.
Any sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
is hereby empowered to pass all ordinances, rules, or
regulations necessary to implement this Section, including
but not limited to the imposition of charges based on
factors that influence the cost of treatment, including
strength and volume.
(Source: P.A. 87-1125.)
(70 ILCS 2605/7f) (from Ch. 42, par. 326f)
Sec. 7f. Regulation of connecting sewerage systems.
(a) It shall be unlawful for any person to construct or
install any sewerage system that discharges sewage,
industrial wastes, or other wastes, directly or indirectly,
into the sewerage system of the sanitary district, unless a
written permit for the sewerage system has been granted by
the sanitary district acting through the general
superintendent. The sanitary district shall specify by
ordinance the changes, additions, or extensions to an
existing sewerage system that will require a permit. No
changes, additions, or extensions to any existing sewerage
systems discharging sewage, industrial wastes, or other
wastes into the sewerage system of the sanitary district,
that requires a permit, may be made until plans for the
changes, additions, or extensions have been submitted to and
a written permit obtained from the sanitary district acting
through the general superintendent; provided, however, that
this Section is not applicable in any municipality having a
population of more than 500,000.
(b) Sewerage systems shall be operated in accordance
with the ordinances of the sanitary district. The Board of
Commissioners of any sanitary district is authorized to
regulate, limit, extend, deny, or otherwise control any new
or existing connection, addition, or extension to any sewer
or sewerage system which directly or indirectly discharges
into the sanitary district sewerage system. The Board shall
adopt standards and specifications for construction,
operation, and maintenance. This Section shall not apply to
sewerage systems under the jurisdiction of any city, village,
or incorporated town having a population of 500,000 or more.
(c) The Board of Commissioners of any sanitary district
is hereby authorized to pass all necessary ordinances to
carry out the aforementioned powers. The ordinances may
provide for a civil penalty for each offense of not less than
$100 nor more than $1,000. Each day's continuance of the
violation shall be a separate offense. Hearings for
violations of the ordinances adopted by the Board of
Commissioners may be conducted by the Board of Commissioners
or its designee.
(d) Plans and specifications for any sewerage system
covered by this Act must be submitted to the sanitary
district before a written permit may be issued and the
construction of any sewerage system must be in accordance
with the plans and specifications. In case it is necessary
or desirable to make material changes in the plans or
specifications, the revised plans or specifications, together
with the reasons for the proposed changes, must be submitted
to the sanitary district for a supplemental written permit.
(e) The sanitary district, acting through the general
superintendent, may require any owner of a sewerage system
discharging into the sewerage system of the sanitary
district, to file with it complete plans of the whole or of
any part of the system and any other information and records
concerning the installation and operation of the system.
(f) The sanitary district, acting through the general
superintendent, may establish procedures for the review of
any plans, specifications, or other data relative to any
sewerage system, written permits for which are required by
this Act.
(g) The sanitary district, acting through the general
superintendent, may adopt and enforce rules and regulations
governing the issuance of permits and the method and manner
under which plans, specifications, or other data relative
thereto must be submitted for the sewerage systems or for
additions or changes to or extensions of the systems.
(h) After a hearing on an alleged violation of any such
ordinance, the Board may, in addition to any civil penalty
imposed, order any person found to have committed a violation
to reimburse the sanitary district for the costs of the
hearing, including any expenses incurred for inspection,
sampling, analysis, administrative costs, and court
reporter's and attorney's fees. The Board of Commissioners
may also require a person to achieve compliance with the
ordinance within a specified period of time. The
Administrative Review Law, and the rules adopted under that
Law, shall govern proceedings for the judicial review of
final orders of the Board of Commissioners issued under this
subsection.
(i) Civil penalties and costs imposed pursuant to this
Section are recoverable by the sanitary district in a civil
action. The sanitary district is authorized to apply to the
circuit court for injunctive relief or mandamus when, in the
opinion of the general superintendent, the person has failed
to comply with an order of the Board of Commissioners or the
relief is necessary to protect the sewerage system of the
sanitary district.
The board of commissioners of any sanitary district is
authorized to regulate, limit, extend, deny or otherwise
control any new or existing connection, addition or extension
to any sewer or sewerage system which will directly or
indirectly discharge into the sanitary district sewerage
system. The board shall adopt standards and specifications
for construction, operation, and maintenance. This Section
shall not apply to sewerage systems under the jurisdiction of
any city, village, or incorporated town having a population
of 500,000 or more.
The board of commissioners of any sanitary district is
hereby authorized to pass all necessary ordinances to carry
out the aforementioned powers. Such ordinances may provide
for a fine for each offense of not less than $100 nor more
than $1,000. Each day's continuance of such violation shall
be a separate offense.
After a hearing on an alleged violation of any such
ordinance, the board may, in addition to any fine imposed,
order any person found to have committed a violation to
reimburse the district for the costs of the hearing,
including any expenses incurred for inspection, sampling,
analysis, administrative costs, and court reporter's and
attorney's fees.
Fines and costs imposed pursuant to this Section are
recoverable by the sanitary district in a civil action. The
sanitary district is authorized to apply to the circuit court
for injunctive relief or mandamus when, in the opinion of the
General Superintendent, such relief is necessary to protect
the sewerage system of the sanitary district.
(Source: P.A. 87-283; 88-399.)
(70 ILCS 2605/7g) (from Ch. 42, par. 326g)
Sec. 7g. Any person who takes or who knowingly permits
his agent or employee to take industrial wastes or other
wastes from a point of origin and intentionally discharges
such wastes by means of mobile or portable equipment into any
sewer, sewer manhole, or any appurtenances thereto, or
directly or indirectly to any waters without possession of a
valid and legally issued permit shall be guilty of a Class A
misdemeanor. A second or subsequent offense shall constitute
a Class 4 felony.
Any mobile or portable equipment used in the commission
of any act which is a violation of this Section shall be
subject to seizure and forfeiture in the manner provided for
the seizure and forfeiture of vessels, vehicles and aircraft
in Article 36 of the Criminal Code of 1961, as now or
hereafter amended. The person causing the intentional
discharge shall be liable for the costs of seizure, storage,
and disposal of the mobile or portable equipment.
The terms "industrial waste", and "other wastes" and
"waters" shall have the same meaning as these terms are
defined in Section 7a 7bb of this Act.
(Source: P.A. 84-1320.)
(70 ILCS 2605/7bb rep.)
Section 10. The Metropolitan Water Reclamation District
Act is amended by repealing Section 7bb.
Section 99. Effective date. This Act takes effect upon
becoming law.