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90_HB0565ham001
LRB9002984DNmbam01
1 AMENDMENT TO HOUSE BILL 565
2 AMENDMENT NO. . Amend House Bill 565 by replacing
3 the title with the following:
4 "AN ACT to amend the Counties Code by adding Section
5 5-1062.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by adding
9 Section 5-1062.2 as follows:
10 (55 ILCS 5/5-1062.2 new)
11 Sec. 5-1062.2. Stormwater management; southwestern
12 Illinois.
13 (a) The purpose of this Section is to prevent and
14 mitigate the effects of urbanization on stormwater drainage
15 in the southwestern Illinois counties located in the area
16 served by the East-West Gateway Coordinating Council.
17 (1) The purpose of this Section shall be achieved
18 by:
19 (A) consolidating the existing stormwater
20 management framework into a united, countywide
21 structure;
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1 (B) setting minimum standards for floodplain
2 and stormwater management;
3 (C) preparing a countywide plan, incorporating
4 plans or individual watersheds, for the control of
5 stormwater runoff; and
6 (D) coordinating stormwater management with
7 adjoining counties through intergovernmental
8 agreements.
9 (2) For purposes of this Section:
10 (A) "Board" or "county board" means the county
11 board, or county commission, of a respective county.
12 (B) "Committee" means the stormwater
13 management planning committee.
14 (C) "County" means only those southwestern
15 Illinois counties served by the East-West Gateway
16 Coordinating Council and includes Madison, Monroe,
17 and St. Clair.
18 (D) "Drainage district" means an active
19 drainage district that has levied taxes or special
20 assessments, or has elected or appointed trustees,
21 within the preceding 10 years.
22 (E) "Impervious area" means, without
23 limitation, that area of property that is covered by
24 materials other than soil and vegetation and that
25 has no intended capacity to absorb stormwater, such
26 as parking lots, driveways, sidewalks, patios,
27 tennis courts, roofs, and other structures.
28 (F) "Runoff" or "stormwater runoff" means
29 waters derived from melting snow or rain that exceed
30 the infiltration capacity of the soil; rainfall not
31 absorbed or detained by soil material, nor lost by
32 evaporation.
33 (G) "Stormwater management" includes all of
34 the following: any facility, improvement,
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1 development, project, or property, or any interest
2 in any of those, that are constructed or acquired to
3 control, treat, or protect life or property from
4 storm, waste, flood, or surplus waters. "Stormwater
5 management" includes, but is not limited to, levees,
6 spoil banks, revetments, and bulkheads; the removal
7 of obstructions, including but not limited to bars,
8 logs, and debris from water courses; the clearing,
9 deepening, widening, straightening, changing,
10 relocating, or otherwise improving and maintaining
11 water courses; the acquisition of real or personal
12 property or rights and interests in real or personal
13 property to provide for the free or natural flow or
14 detention of flood or storm water, storm bowers,
15 retention ponds, dams, impounding basins, wetlands,
16 and dikes; the construction, operation, and
17 maintenance of any other works, structures, and
18 improvements necessary for the control, treatment,
19 or protection of life or property from storm, waste,
20 flood, or surplus waters; the provision of related
21 public information; the condemnation of land and
22 other property and rights and interests in land and
23 other property; and the damage of land and other
24 property and rights and interests in land and other
25 property, for stormwater management purposes related
26 to the foregoing after just compensation has first
27 been made or paid into court for the owner in the
28 manner prescribed by Article VII of the Code of
29 Civil Procedure.
30 (H) "Watershed" means all land area drained
31 by, or contributing water to, the same stream, lake,
32 marsh, stormwater facility, groundwater, or low
33 area.
34 (b) The purpose of this Section is to plan for and
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1 manage stormwater. Municipalities will retain all authority
2 for land use control as provided by law and this Section is
3 not a limitation of those powers. This Section shall apply
4 only with regard to stormwater management for county-wide
5 purposes.
6 The county board may authorize, by ordinance, a
7 stormwater management planning committee to develop,
8 implement, and administer an urban stormwater management plan
9 for any watersheds in the county.
10 The management plan shall include: (i) reasonable rules,
11 regulations, standards, and ordinances to manage urban
12 stormwater; (ii) a plan for capital improvements within the
13 watersheds; and (iii) a financial plan that meets the
14 requirements of subsection (q). The management plan may
15 include but is not limited to all facilities and activities
16 of a stormwater management system identified in paragraph
17 (2)(G) of subsection (a).
18 (c) The committee shall consist of 9 members with at
19 least 4 members from each major political party.
20 The county board chairperson shall appoint the following
21 members: 2 elected county board members; a representative of
22 agricultural land use; a representative of residential land
23 use; a representative of commercial land use; and a
24 representative of industrial land use. The mayors of the
25 municipalities within the county shall select 2 mayors to be
26 members of the committee. The 2 mayors shall jointly
27 nominate 3 names and submit those names to the county board
28 chairperson in writing for appointment to each of the
29 following 2 land-use categories: (i) residential and (ii)
30 commercial land use. The county chairperson shall select one
31 of the three names for his or her appointment to each land
32 use categories. The chairperson may reject all 3 nominees
33 and request additional names. The drainage districts within
34 the county shall select one drainage district commissioner to
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1 be a member of the committee. No more than one committee
2 member may be appointed from any one township within the
3 county. The committee members shall serve for a term of 3
4 years. The initial members shall be appointed as follows: 3
5 members shall be appointed for 1 year; 3 members shall be
6 appointed for 2 years; and 3 members shall be appointed for 3
7 years. The length of the initial term will be determined by
8 drawing. Vacancies on the committee shall be filled in the
9 same manner as the original appointments. Committee members
10 shall not receive compensation as salary but shall be
11 reimbursed for expenses.
12 The committee shall adopt by-laws, by a majority vote of
13 the committee members, to govern the functions of the
14 committee and its subcommittees. Officers of the committee
15 shall include a chair and vice chair elected by the
16 Committee.
17 (d) After authorization by the county board, the
18 committee shall have the duty to: (i) develop a stormwater
19 management plan for presentation to and approval by the
20 county board, and (ii) direct the plan's implementation,
21 management, and revision. A regional stormwater committee
22 may be established through intergovernmental agreements to
23 provide coordination of activities under this Section.
24 The committee shall appoint subcommittees within each
25 watershed to assist with the planning process. Each
26 subcommittee shall include at least one representative from
27 each municipality within the watershed and each drainage
28 district within the watershed. The committee may enter into
29 contracts for engineering, legal, and financial advice. The
30 committee may enter into contracts for implementation,
31 operation, and maintenance of the facilities and activities
32 for stormwater management purposes. The committee may retain
33 a stormwater system manager, a secretary, and inspection
34 personnel.
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1 The county board shall provide the necessary moneys for
2 development of the plan. The county board may establish
3 reasonable deadlines for the committee to present preliminary
4 and final plans.
5 The committee shall meet at least quarterly and shall
6 hold at least one public hearing within each watershed before
7 the development of the plan to solicit public comment on
8 possible solutions to the stormwater problems within the
9 watershed. Notice of the hearings shall be published at
10 least once not less than 15 days before each public hearing
11 in a newspaper of general circulation published in the
12 county. The notice shall state the time, place, and purpose
13 of the hearing.
14 (e) A municipality or drainage district that is located
15 in more than one county, at the time of authorization of the
16 committee and based on the watershed boundaries, shall
17 participate in the stormwater management planning program of
18 either or both of the counties that have appointed a
19 stormwater management planning committee.
20 (f) In preparation of a stormwater control plan, the
21 committee shall coordinate the planning process with each
22 adjoining county to ensure that recommended stormwater
23 projects will have no significant, adverse impact on the
24 levels or flows of stormwater in inter-county watershed or on
25 the capacity of existing and planned stormwater retention
26 facilities. An adopted stormwater management plan shall
27 identify steps taken by the county to coordinate the
28 development of plan recommendations with adjoining counties.
29 (g) Before the committee recommends a stormwater
30 management plan for the county or a portion of the county to
31 the county board, it shall submit the plan to the Department
32 of Natural Resources for review and recommendations. In
33 reviewing the plan the Department shall consider factors such
34 as impacts on the levels or flows in rivers and streams and
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1 the cumulative effects of stormwater discharges on flood
2 levels and shall evaluate compliance with the requirements of
3 subsection (j). Within a period not to exceed 60 days, the
4 review comments and recommendations shall be submitted to the
5 committee for consideration. Any amendments to the plan
6 shall be submitted to the Department for review. Comments
7 from the Department on the plan or amendments shall not be
8 binding on the county board.
9 (h) After the committee has developed a preliminary
10 management plan for the county or a portion of the county, it
11 shall hold at least one public hearing in each affected
12 watershed and shall give interested persons an opportunity to
13 be heard.
14 Following the watershed hearings on the preliminary plan
15 but before the committee recommends a stormwater management
16 plan to the county board and the municipalities in the plan,
17 the committee shall hold at least one public hearing on the
18 plan in the county seat and shall afford interested persons
19 an opportunity to be heard.
20 Notice of the hearings shall be published at least once
21 not less than 15 days before the hearing in a newspaper of
22 general circulation published in the county. The notice
23 shall state the time and place of the hearings and the place
24 where copies of the proposed plan will be accessible for
25 examination by interested parties.
26 If an affected drainage district or an affected
27 municipality having a stormwater management plan adopted by
28 ordinance wishes to protest the proposed county plan
29 provisions, the drainage district or municipality shall
30 appear at the hearing held in the county seat and submit
31 specific written proposals to the committee.
32 After consideration of the matters raised at the
33 hearings, the committee may amend or approve the plan and
34 recommend it to the county board for adoption.
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1 (i) The county board may, by ordinance approved by a
2 simple majority vote, approve the proposed plan or any
3 amendment to the plan as recommended by the committee.
4 If the proposals for modification of the stormwater
5 management plan made by any municipality or drainage district
6 having formally adopted a stormwater management plan and
7 located within a watershed impacted by the plan are not
8 included in the proposed plan and the municipality or
9 drainage district opposes the adoption of the county plan by
10 resolution of its corporate authorities, approval of the plan
11 shall require an affirmative vote of at least two-thirds of
12 the elected members of the county board.
13 If the county board wishes to amend the plan recommended
14 by the committee, it shall submit specific written proposals
15 to the committee. If the proposals are not approved by the
16 committee, the affirmative vote of two-thirds of the elected
17 members of the county board shall be required to approve the
18 amendment. If the proposals for amendment are opposed by
19 resolution of the corporate authorities of any municipality
20 or drainage district located within a watershed impacted by
21 the plan, amendment of the plan shall require the affirmative
22 vote of at least two-thirds of the elected members of the
23 county board.
24 (j) The county board may prescribe by ordinance
25 reasonable rules and standards for stormwater and flood plain
26 management and for governing the location, width, course, and
27 release rate of all stormwater runoff channels, streams,
28 lakes, and basins in the unincorporated and incorporated
29 portions of the county, in accordance with the adopted
30 stormwater management plan. These rules and standards shall,
31 at a minimum, meet the standards for floodplain management
32 established by the Illinois Department of Natural Resources
33 and the requirements of the Federal Emergency Management
34 Agency for participation in the National Flood Insurance
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1 Program.
2 (k) The county board may establish service charge fees,
3 including interest and penalties, for furnishing services to:
4 (i) persons served by or using a stormwater
5 management system;
6 (ii) persons to be served by or to use a stormwater
7 management system; or
8 (iii) persons contributing to an increase of
9 surface water runoff.
10 (l) The service charge fees shall be imposed on all
11 persons described in items (i), (ii), and (iii) owning real
12 property within the watershed basins and within the county's
13 boundaries as prescribed in sections (n) and (u). The service
14 charge fees shall be uniform for the same class of use or
15 service and shall be based on the amount of impervious area
16 on the property.
17 (m) The service charge fees shall be used to plan,
18 implement, and administer the adopted stormwater management
19 plan. The county may use the service charge fees to finance
20 activities undertaken by its included municipalities or
21 drainage districts to implement the adopted stormwater
22 management plan.
23 Revenue from service charge fees will be used exclusively
24 for stormwater management purposes. The primary development
25 and operation of stormwater management facilities shall be
26 for stormwater control and shall take precedence over other
27 uses.
28 Service charge fees shall be a base fee and an
29 implementation fee. The base fee shall be used for expenses
30 that involve the whole county meaning the overall, countywide
31 stormwater planning, administration, and program development.
32 The base fee will be uniform throughout the county. The
33 implementation fee shall be used to implement the plan in
34 each specific watershed. Such implementation fee will
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1 include expenses related to administration, planning, and
2 program development specific to the watershed.
3 The county board may reduce service charge fees in any
4 watershed where a stormwater management plan is not being
5 actively implemented.
6 (n) The total service charge base fee described in
7 subsection (m) shall not exceed 0.05% of the value, as
8 equalized or assessed by the Department of Revenue, of all
9 taxable property in the county. Also, for private property
10 in the county, the service charge base fee imposed on an
11 individual property shall not exceed 0.05% of its equalized
12 or assessed value. The total of all service charge fees
13 authorized in subsection (m) shall not exceed 0.20% of the
14 value, as equalized or assessed by the Department of Revenue,
15 of all taxable property in the county. Also, for private
16 property, the total of all service charge fees authorized in
17 subsection (m) imposed on an individual property shall not
18 exceed 0.20% of its equalized or assessed value. All public
19 and private property that is exempt from real estate
20 taxation, except streets and roads, shall be subject to
21 service fees on the same basis as comparably used or valued
22 taxable property.
23 (o) The service charge fees authorized in subsection (m)
24 shall not be collected until the question of whether to
25 collect the fees, either for a specified period or
26 indefinitely, has been submitted to the electors and approved
27 by a majority of those voting on the question. This question
28 may be submitted at any election held in the county after the
29 adoption of a resolution by the county board providing for
30 the submission of the question to the county. The county
31 board shall certify the resolution and proposition to the
32 proper election officials. The election officials shall
33 submit the proposition at an election in accordance with the
34 general election law. The question shall be in substantially
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1 the following form:
2 Shall (name of county) be permitted to collect
3 service charge fees (state rate) on each parcel of real
4 property in the county based on each parcel's impervious
5 area, for (state period), for stormwater management
6 activities?
7 The votes shall be recorded as "Yes" or "No". If a majority
8 of the voters voting on the issue approves the referendum,
9 the county may collect service charge fees.
10 (p) The county board may adopt a schedule of fees as may
11 be necessary to mitigate the effects of increased stormwater
12 runoff resulting from new development or construction. The
13 fees shall not exceed the cost of satisfying the on-site
14 stormwater retention or detention requirements of the adopted
15 stormwater management plan. The fees imposed under this
16 subsection (p) shall be reduced according to subsection (v)
17 of this Section if the increased run off is retained or
18 controlled on site. The county board shall give the
19 developer of the new development or construction credit for
20 (i) any facilities that the developer or the developer's
21 predecessor in title or interest has already constructed and
22 (ii) the present value of any lands that the developer or the
23 developer's predecessor in title or interest has already
24 dedicated or donated. The fees imposed under this subsection
25 shall be in addition to any service charge fees established
26 under subsection (m) of this Section.
27 The county shall use the mitigation fees established
28 under this subsection to mitigate the effects of urban
29 stormwater runoff by providing regional stormwater facilities
30 as identified in the county plan. The county may use the
31 mitigation fees to finance activities undertaken by its
32 included municipalities or drainage districts to mitigate the
33 effects of urban stormwater runoff by providing regional
34 stormwater retention or detention facilities as identified in
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1 the county plan. All such mitigation fees collected by the
2 county shall be held in a separate fund and shall be expended
3 only in the watershed within which they are collected.
4 (q) The service charge fees above the base fee may not
5 be imposed until the committee develops a stormwater
6 management financial plan. The financial plan shall be
7 adopted by the county board under subsection (i) of this
8 Section. The capital facility and maintenance components of
9 the financial plan shall be categorized by watershed.
10 Service charge fees above the base fee shall be established
11 by watershed to reflect the different levels of stormwater
12 development and maintenance needed in each watershed. The
13 financial plan shall include, without limitation:
14 (i) a list and topographical description of
15 watershed basins in the county;
16 (ii) a list, categorized by watershed basin, of the
17 capital facilities, land acquisition, and maintenance
18 activities required to implement the stormwater
19 management plan, including a plan for the operation and
20 maintenance of the capital facilities;
21 (iii) a description of the stormwater management
22 systems to be established in each watershed basin; the
23 description shall include a general schedule for the
24 implementation and maintenance of the systems;
25 (iv) a general description of the relationship
26 between the service rates and charges and the
27 contribution of stormwater runoff to the stormwater
28 management system;
29 (v) a general description of the costs of
30 collecting the service charge fees; and
31 (vi) a description of the costs for 5 years of
32 implementing the stormwater management plan.
33 (r) The county may accept grants, gifts, contributions,
34 or in-kind or contributed services to implement the adopted
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1 stormwater management plan.
2 (s) The financial plan shall be reviewed and revised as
3 necessary, but must be reviewed and revised at least every 5
4 years. Any revision shall be subject to public notice and
5 hearing requirements of subsection (h) of this Section.
6 (t) The service charge fees collected above the base fee
7 under this Section shall be deposited into a special fund or
8 funds in the county treasury to be used solely within the
9 watershed in which the funds were collected to:
10 (i) pay all or any part of the cost of planning,
11 designing, establishing, acquiring, developing, managing,
12 constructing, and improving the stormwater management
13 systems;
14 (ii) pay all or any part of the cost of maintaining
15 and operating the stormwater management systems; and
16 (iii) pay or secure the payment of all or any
17 portion of any issue of revenue bonds issued under this
18 Section for a purpose described in items (i) or (ii) of
19 this subsection.
20 (u) All governmental entities owning real property
21 within a watershed basin, including the federal government,
22 the State of Illinois, and their agencies, shall be subject
23 to service charge fees for stormwater management systems to
24 the same extent as private persons. Public streets, highways,
25 and roadways shall not be subject to the service charge fees.
26 All owners of privately held tax exempt property shall be
27 subject to the service rates and charges and limitations to
28 the same extent as owners of taxable property.
29 The service charge fees shall be determined on the basis
30 of the impervious area of any parcel of public or private
31 property and shall be established by watershed to reflect the
32 different levels of stormwater management system development
33 and maintenance required in each watershed.
34 (v) In fixing the service charge fees, the county board
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1 shall reduce the service charge fees imposed in subsections
2 (m) and (p) for any property by considering the services
3 furnished by the user of the stormwater management system.
4 Reduction of stormwater service charge fees shall be based on
5 the nature and extent of the use of the stormwater management
6 system, the character and use of the land, the land's
7 stormwater runoff characteristics, credits as provided in
8 subsection (p), and any other matters that present a
9 reasonable difference as a ground for distinction.
10 (w) The service charge fees shall be established and
11 revised, shall be due and payable, and shall be in force as
12 the county board determines by ordinance except as otherwise
13 limited by this Section. Stormwater service charge fees
14 established by the county board shall not be subject to any
15 regulations covering rates and charges for similar services
16 provided by privately owned entities.
17 (x) A county shall have a lien for delinquent stormwater
18 service charge fees, including interest on the delinquent
19 amount, on any property against which the service rates and
20 charges were imposed. The lien shall be effective upon the
21 filing of the notice of lien in the office of the recorder of
22 the county in which the real estate is located. This notice
23 shall consist of a sworn statement by an authorized officer
24 or employee of the county. The statement shall include:
25 (i) a description of the real estate sufficient for
26 the identification including the tax identification
27 number, if any;
28 (ii) the amount of money due; and
29 (iii) the date when the amount became delinquent.
30 The county may enforce a lien for stormwater service
31 charge fees in the same manner and with the same effect as
32 the enforcement of a lien for utility charges or judgment.
33 (y) A county may issue revenue bonds, as authorized
34 under this Section, payable from the revenue derived from one
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1 or more stormwater control systems as provided by the
2 ordinance authorizing the bonds.
3 (z) A county may borrow money to maintain, operate,
4 design, establish, acquire, develop, construct, or improve a
5 stormwater management system and, as evidence of that
6 borrowing, may issue its revenue bonds, payable solely from
7 the revenue derived from the stormwater management system
8 operation, the stormwater service charge fees, installments
9 of those service charge fees, and interest and penalties
10 imposed on those service charge fees. The revenue bonds may
11 be issued in amounts necessary to provide sufficient moneys
12 to pay all the costs of maintaining, operating, designing,
13 establishing, acquiring, developing, constructing, or
14 improving the stormwater management system, including but not
15 limited to engineering, legal, and other expenses. Bonds
16 issued under this Section are negotiable instruments. If an
17 officer whose signature appears on the bonds ceases to hold
18 office before the bonds are delivered, that officer's
19 signature shall be valid and sufficient for all purposes, the
20 same as though the officer had remained in office until the
21 bonds were delivered.
22 (aa) Whenever the county board determines to maintain,
23 operate, design, establish, acquire, develop, construct, or
24 improve a stormwater management system and to issue bonds
25 under this Section for the payment of the cost of the system,
26 the county board shall adopt an ordinance describing, in a
27 general way, the contemplated project. The ordinance need
28 not refer to the plans and specifications. Detailed plans
29 and specifications of the project need not be on file for
30 public inspection before the ordinance is adopted.
31 The ordinance shall:
32 (i) state the estimated cost of the project;
33 (ii) determine the project's period of usefulness;
34 and
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1 (iii) fix the amount of revenue bonds proposed to
2 be issued, maturity or maturities of the bonds, interest
3 rate or rates on the bonds (which shall not exceed the
4 maximum rate authorized by the Bond Authorization Act),
5 and all other details in connection with the bonds.
6 To secure payment of the bonds, the ordinance shall set
7 forth the covenants and undertakings of the county in
8 connection with the issuance of the bonds, the use and
9 operation of the stormwater management system, and the use
10 and disposition of the funds and accounts created with
11 respect to the bonds.
12 The ordinance may contain covenants and restrictions upon
13 the issuance of additional revenue bonds that the county
14 board considers necessary or desirable.
15 The ordinance shall pledge the revenues derived from the
16 operation of the stormwater management systems, the
17 stormwater service charge fees, installments of those service
18 charge fees, and interest and penalties on those service
19 charge fees to:
20 (i) pay the cost of maintaining and operating the
21 stormwater management systems;
22 (ii) provide an adequate depreciation fund; and
23 (iii) pay the principal of and interest on the
24 bonds issued under this Section.
25 (bb) All bonds issued under this Section are payable
26 solely from the revenue derived from the operation of the
27 stormwater management systems, the stormwater service charge
28 fees, installments of those service charge fees, and interest
29 and penalties on those service charge fees. The bonds shall
30 not constitute an indebtedness of the county within the
31 meaning of any constitutional or statutory limitation. Each
32 bond shall have plainly stated on its face that the bond does
33 not constitute an indebtedness of the county within any
34 constitutional or statutory limitation.
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1 (cc) Service charge fees established by a county board
2 under this Section shall be sufficient at all times (i) to
3 pay the cost of maintaining and operating the county's
4 stormwater management system, (ii) to pay the principal of
5 and interest on all bonds issued under this Section, (iii) to
6 provide a reasonable depreciation fund established under the
7 ordinance authorizing the issuance of the bonds, and (iv) to
8 maintain other reserves and sinking funds the county board
9 considers necessary or desirable for the payment of the bonds
10 or the expansion, extension, or improvement of a stormwater
11 management system.
12 (dd) As long as any revenue bonds issued by the county
13 under this Section are outstanding, all revenue dedicated to
14 the retirement of the revenue bonds and interest and
15 penalties on those service charge fees shall be set aside as
16 collected and shall be deposited as provided in subsection
17 (t) of this Section.
18 (ee) Every county that issues bonds under this Section
19 shall install and maintain a proper system of accounts
20 showing:
21 (i) the amount of revenue derived from the
22 stormwater management systems, the stormwater service
23 charge fees, installments of those service charge fees,
24 and interest and penalties on those service charge fees;
25 and
26 (ii) the application of that revenue.
27 The county board shall conduct an annual audit. A report
28 of that audit shall be open for inspection at all proper
29 times by any taxpayer, service charge payor, holder of any
30 bond issued under this Section, or the representative of any
31 of those persons.
32 (ff) The holder of any bond issued under this Section
33 may, by civil action, mandamus, injunction, or other
34 proceeding, compel the officials of a county issuing bonds
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1 under this Section to perform all duties imposed on them by
2 this Section, including the establishment and collection of
3 sufficient service charge fees for that purpose and the
4 proper application of the revenue derived from the operation
5 of the stormwater management systems, the stormwater service
6 charge fees, installments of those service charge fees, and
7 interest and penalties on those charge fees.
8 (gg) The power granted by this Section to a county or
9 county board are supplemental to the other powers granted by
10 this Code. Before exercising any powers granted by this
11 Section, a county board shall determine that the exercise of
12 powers under this Section conforms to the county's stormwater
13 management plan.
14 (hh) The committee shall not enforce any rules that
15 would interfere with the ability of any active drainage
16 district to operate, maintain, and improve its system for the
17 purpose of production of an agricultural commodity crop. The
18 committee may enforce rules and impose service charge fees as
19 provided in other Sections.
20 (ii) The committee and county shall not have the
21 authority to require any drainage district to disburse
22 drainage district funds. Service charge fees including base
23 fees on property within drainage districts shall be credited
24 for that portion of any drainage district taxes or special
25 assessments upon the property used by the district for
26 implementing activities identified in the plan.
27 The dissolution of any drainage district shall not affect
28 the obligation of any bonds issued or contracts entered into
29 by the district nor invalidate the levy, extension, or
30 collection of any taxes or special assessments upon the
31 property in the former drainage district. All property and
32 obligations of the former drainage district shall be assumed
33 and managed by the county, and the debts of the former
34 drainage district shall be discharged as soon as practicable.
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1 If an inactive drainage district lies only partly within
2 a county that adopts a county stormwater control plan, the
3 county may petition the circuit court to disconnect from the
4 drainage district that portion of the district that lies
5 within that county. The property of the drainage district
6 within the disconnected area shall be assumed and managed by
7 the county. The county shall also assume a portion of the
8 drainage district's debt at the time of disconnection based
9 on the portion of the value of the taxable property of the
10 drainage district that is located within the area being
11 disconnected.
12 (jj) The rules, standards, and operations of any
13 drainage districts that continue to exist in a county that
14 has adopted a stormwater management plan in accordance with
15 this Section shall be consistent to the rules and standards
16 in the adopted plan.
17 (kk) Upon petition of the municipality, and based on a
18 finding of the committee, the committee and county shall not
19 enforce rules adopted by the county, other than service
20 charge fees, interest and penalties, and any rules related to
21 the service charge fees, in any municipality located wholly
22 or partly within the county that has a municipal stormwater
23 management ordinance that is consistent with and at least as
24 stringent as the county plan and ordinance if the plan is
25 being enforced by the municipal authorities.
26 The committee and county shall not have the authority to
27 require any municipality to disburse municipal funds.
28 Service charge fees on property within a municipality shall
29 be credited for that portion of any municipal taxes or
30 special assessments upon the property used by the
31 municipality for implementing activities identified in the
32 plan.
33 (ll) The powers authorized by this Section may be
34 implemented by the county board for a portion of the county
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1 subject to similar stormwater control needs.
2 (mm) The powers and taxes authorized by this Section are
3 in addition to the powers and taxes authorized by Division
4 5-15; in exercising its powers under this Section. A county
5 shall not be subject to the restrictions and requirements of
6 that Division.
7 (nn) This Section is a denial and limitation under
8 subsection (g) and (i) of Section 6 of Article VII of the
9 Illinois Constitution of the power of home rule counties to
10 exercise any power inconsistent with this Section. The
11 Section does not prohibit the concurrent exercise of powers.
12 (oo) The provisions of this Section are severable under
13 Section 1.31 of the Statute on Statutes.".