Executive Committee
Filed: 5/16/2007
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1 | AMENDMENT TO SENATE BILL 599
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2 | AMENDMENT NO. ______. Amend Senate Bill 599 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Metropolitan Water Reclamation District | ||||||
5 | Act is amended by changing Section 7h as follows: | ||||||
6 | (70 ILCS 2605/7h)
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7 | Sec. 7h. Stormwater management.
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8 | (a) Stormwater management in Cook County shall be under the | ||||||
9 | general
supervision of the Metropolitan Water Reclamation | ||||||
10 | District of Greater
Chicago. The District has the authority to | ||||||
11 | plan, manage, implement, and
finance activities relating to | ||||||
12 | stormwater management in Cook County.
The authority of the | ||||||
13 | District with respect to stormwater management extends
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14 | throughout Cook County and is not limited to the area otherwise | ||||||
15 | within the
territory and jurisdiction of the District under | ||||||
16 | this Act.
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1 | For the purposes of this Section, the term "stormwater | ||||||
2 | management"
includes, without limitation, the management of | ||||||
3 | floods and floodwaters.
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4 | (b) The District may utilize the resources of cooperating | ||||||
5 | local watershed
councils (including the stormwater management | ||||||
6 | planning councils created under
Section 5-1062.1 of the | ||||||
7 | Counties Code), councils of local governments, the
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8 | Northeastern Illinois Planning Commission, and similar | ||||||
9 | organizations and
agencies. The District may provide those | ||||||
10 | organizations and agencies with
funding, on a contractual | ||||||
11 | basis, for providing information to the District,
providing | ||||||
12 | information to the public, or performing other activities | ||||||
13 | related
to stormwater management.
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14 | The District, in addition to other powers vested in it, may | ||||||
15 | negotiate and enter into agreements with any county for the | ||||||
16 | management of stormwater runoff in accordance with subsection | ||||||
17 | (c) of Section 5-1062 of the Counties Code.
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18 | The District may enter into intergovernmental agreements | ||||||
19 | with Cook County or
other units of local government that are | ||||||
20 | located in whole or in part outside
the District for the | ||||||
21 | purpose of implementing the stormwater management plan
and | ||||||
22 | providing stormwater management services in areas not included | ||||||
23 | within the
territory of the District.
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24 | (c) The District shall prepare and adopt by ordinance a | ||||||
25 | countywide
stormwater management plan for Cook County. The | ||||||
26 | countywide plan may
incorporate one or more separate watershed |
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1 | plans.
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2 | Prior to adopting the countywide stormwater management | ||||||
3 | plan, the District
shall hold at least one public hearing | ||||||
4 | thereon and shall afford interested
persons an opportunity to | ||||||
5 | be heard.
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6 | (d) The District may prescribe by ordinance reasonable | ||||||
7 | rules and regulations
for floodplain and stormwater management | ||||||
8 | and for governing the location, width,
course, and release rate | ||||||
9 | of all stormwater runoff channels, streams, and
basins in Cook | ||||||
10 | County, in accordance with the adopted stormwater management
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11 | plan. These rules and regulations shall, at a minimum, meet the | ||||||
12 | standards
for floodplain management established by the Office | ||||||
13 | of Water Resources of the
Department of Natural Resources and | ||||||
14 | the requirements of the Federal Emergency
Management Agency for | ||||||
15 | participation in the National Flood Insurance Program.
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16 | (e) The District may impose fees on areas outside the | ||||||
17 | District but within
Cook County for performance of stormwater | ||||||
18 | management services, including but not limited to, maintenance | ||||||
19 | of streams and the development, design, planning, | ||||||
20 | construction, operation and maintenance of stormwater | ||||||
21 | facilities. The total amount of the fees collected from areas | ||||||
22 | outside of the District but within Cook County shall not exceed | ||||||
23 | the District's annual tax rate for stormwater management within | ||||||
24 | the District multiplied by the aggregate equalized assessed | ||||||
25 | valuation of areas outside of the District but within Cook | ||||||
26 | County. The District may require the unit of local government |
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1 | in which the stormwater services are performed to collect the | ||||||
2 | fee and remit the collected fee to the District. The District | ||||||
3 | is authorized to pay a reasonable administrative fee to the | ||||||
4 | unit of local government for the collection of these fees.
to | ||||||
5 | mitigate the effects of increased stormwater runoff resulting
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6 | from new development. The fees shall not exceed the
cost of | ||||||
7 | satisfying the
onsite stormwater retention or detention | ||||||
8 | requirements of the adopted stormwater
management plan. The | ||||||
9 | fees shall be used to finance activities undertaken by
the | ||||||
10 | District or units of local government within the District to | ||||||
11 | mitigate the
effects of urban stormwater runoff by providing | ||||||
12 | regional stormwater retention
or detention facilities, as | ||||||
13 | identified in the plan. All such fees collected
by the District | ||||||
14 | shall be held in a separate fund and used for implementation of | ||||||
15 | this Section.
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16 | (f) Amounts realized from the tax levy for stormwater | ||||||
17 | management purposes
authorized in Section 12 may be used by the | ||||||
18 | District for implementing this
Section and for the development, | ||||||
19 | design, planning, construction, operation, and
maintenance of | ||||||
20 | regional stormwater facilities provided for in the stormwater
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21 | management plan.
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22 | The proceeds of any tax imposed under Section 12 for | ||||||
23 | stormwater management
purposes and any revenues generated as a | ||||||
24 | result of the ownership or operation
of facilities or land | ||||||
25 | acquired with the proceeds of taxes imposed under Section
12 | ||||||
26 | for stormwater management purposes shall be held in a separate |
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1 | fund and used
either for implementing this Section or to abate | ||||||
2 | those taxes.
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3 | (g) The District may plan, implement, finance, and operate | ||||||
4 | regional
stormwater management projects in accordance with the | ||||||
5 | adopted countywide
stormwater management plan.
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6 | The District shall provide for public review and comment on | ||||||
7 | proposed
stormwater management projects. The District shall | ||||||
8 | conform to State and
federal requirements concerning public | ||||||
9 | information, environmental assessments,
and environmental | ||||||
10 | impacts for projects receiving State or federal funds.
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11 | The District may issue bonds under Section 9.6a of this Act | ||||||
12 | for the
purpose of funding stormwater management projects.
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13 | The District shall not use Cook County Forest Preserve | ||||||
14 | District land for
stormwater or flood control projects without | ||||||
15 | the consent of the Forest
Preserve District.
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16 | (h) Upon the creation and implementation of a county | ||||||
17 | stormwater management
plan, the District may petition the | ||||||
18 | circuit court to dissolve any or all
drainage districts created | ||||||
19 | pursuant to the Illinois Drainage Code or
predecessor Acts that | ||||||
20 | are located entirely within the District.
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21 | However, any active drainage district implementing a plan | ||||||
22 | that is consistent
with and at least as stringent as the county | ||||||
23 | stormwater management plan may
petition the District for | ||||||
24 | exception from dissolution. Upon filing of the
petition, the | ||||||
25 | District shall set a date for hearing not less than 2 weeks, | ||||||
26 | nor
more than 4 weeks, from the filing thereof, and the |
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1 | District shall give at
least one week's notice of the hearing | ||||||
2 | in one or more newspapers of general
circulation within the | ||||||
3 | drainage district, and in addition shall cause a copy
of the | ||||||
4 | notice to be personally served upon each of the trustees of the | ||||||
5 | drainage
district. At the hearing, the District shall hear the | ||||||
6 | drainage district's
petition and allow the drainage district | ||||||
7 | trustees and any interested parties
an opportunity to present | ||||||
8 | oral and written evidence. The District shall render
its | ||||||
9 | decision upon the petition for exception from dissolution based | ||||||
10 | upon the
best interests of the residents of the drainage | ||||||
11 | district. In the event that
the exception is not allowed, the | ||||||
12 | drainage district may file a petition with
the circuit court | ||||||
13 | within 30 days of the decision. In that case, the notice
and | ||||||
14 | hearing requirements for the court shall be the same as | ||||||
15 | provided in this
subsection for the petition to the District. | ||||||
16 | The court shall render its
decision of whether to dissolve the | ||||||
17 | district based upon the best interests
of the residents of the | ||||||
18 | drainage district.
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19 | The dissolution of a drainage district shall not affect the | ||||||
20 | obligation
of any bonds issued or contracts entered into by the | ||||||
21 | drainage district nor
invalidate the levy, extension, or | ||||||
22 | collection of any taxes or special
assessments upon the | ||||||
23 | property in the former drainage district. All property
and | ||||||
24 | obligations of the former drainage district shall be assumed | ||||||
25 | and managed
by the District, and the debts of the former | ||||||
26 | drainage district shall be
discharged as soon as practicable.
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1 | If a drainage district lies only partly within the | ||||||
2 | District, the District may
petition the circuit court to | ||||||
3 | disconnect from the drainage district that
portion of the | ||||||
4 | drainage district that lies within the District. The property
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5 | of the drainage district within the disconnected area shall be | ||||||
6 | assumed and
managed by the District. The District shall also | ||||||
7 | assume a portion of the
drainage district's debt at the time of | ||||||
8 | disconnection, based on the portion of
the value of the taxable | ||||||
9 | property of the drainage district which is located
within the | ||||||
10 | area being disconnected.
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11 | A drainage district that continues to exist within Cook | ||||||
12 | County shall conform
its operations to the countywide | ||||||
13 | stormwater management plan.
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14 | (i) The District may assume responsibility for maintaining | ||||||
15 | any stream
within Cook County.
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16 | (j) The District may, after 10 days written notice to the | ||||||
17 | owner or
occupant, enter upon any lands or waters within the | ||||||
18 | county for the purpose
of inspecting stormwater facilities or | ||||||
19 | causing the removal of any obstruction
to an affected | ||||||
20 | watercourse. The District shall be responsible for any damages
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21 | occasioned thereby.
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22 | (k) The District shall report to the public annually on its | ||||||
23 | activities and
expenditures under this Section and the adopted | ||||||
24 | countywide stormwater
management plan.
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25 | (l) The powers granted to the District under this Section | ||||||
26 | are in addition
to the other powers granted under this Act. |
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1 | This Section does not limit the
powers of the District under | ||||||
2 | any other provision of this Act or any other law.
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3 | (m) This Section does not affect the power or duty of any | ||||||
4 | unit of local
government to take actions relating to flooding | ||||||
5 | or stormwater, so long as those
actions conform with this | ||||||
6 | Section and the plans, rules, and ordinances adopted
by the | ||||||
7 | District under this Section.
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8 | A home rule unit located in whole or in part in Cook County
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9 | (other than a municipality with a population over 1,000,000)
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10 | may not
regulate stormwater management or planning in Cook | ||||||
11 | County in a manner
inconsistent with this Section or the plans, | ||||||
12 | rules, and ordinances adopted by
the District under this | ||||||
13 | Section; provided, within a municipality with a
population over | ||||||
14 | 1,000,000, the stormwater management planning program of Cook
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15 | County shall be conducted by that municipality or,
to the | ||||||
16 | extent provided in an intergovernmental agreement between the
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17 | municipality and the District, by the District pursuant to this | ||||||
18 | Section;
provided further that the power granted to such | ||||||
19 | municipality shall not be
inconsistent with existing powers of | ||||||
20 | the District.
Pursuant to paragraph (i) of Section 6 of
Article | ||||||
21 | VII of the Illinois Constitution, this Section specifically | ||||||
22 | denies and
limits the exercise of any power that is | ||||||
23 | inconsistent with this Section by a
home rule unit that is a | ||||||
24 | county with a population of 1,500,000 or more or is
located, in | ||||||
25 | whole or in part, within such a county, other than a | ||||||
26 | municipality
with a population over 1,000,000.
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1 | (Source: P.A. 93-1049, eff. 11-17-04.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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