Full Text of SB0599 95th General Assembly
SB0599enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Metropolitan Water Reclamation District Act | 5 |
| is amended by changing Section 7h as follows: | 6 |
| (70 ILCS 2605/7h)
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| Sec. 7h. Stormwater management.
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| (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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| 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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| For the purposes of this Section, the term "stormwater | 18 |
| management"
includes, without limitation, the management of | 19 |
| floods and floodwaters.
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| (b) The District may utilize the resources of cooperating | 21 |
| local watershed
councils (including the stormwater management | 22 |
| planning councils created under
Section 5-1062.1 of the | 23 |
| Counties Code), councils of local governments, the
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| Northeastern Illinois Planning Commission, and similar | 2 |
| organizations and
agencies. The District may provide those | 3 |
| organizations and agencies with
funding, on a contractual | 4 |
| basis, for providing information to the District,
providing | 5 |
| information to the public, or performing other activities | 6 |
| related
to stormwater management.
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| The District, in addition to other powers vested in it, may | 8 |
| negotiate and enter into agreements with any county for the | 9 |
| management of stormwater runoff in accordance with subsection | 10 |
| (c) of Section 5-1062 of the Counties Code.
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| The District may enter into intergovernmental agreements | 12 |
| with Cook County or
other units of local government that are | 13 |
| located in whole or in part outside
the District for the | 14 |
| purpose of implementing the stormwater management plan
and | 15 |
| providing stormwater management services in areas not included | 16 |
| within the
territory of the District.
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| (c) The District shall prepare and adopt by ordinance a | 18 |
| countywide
stormwater management plan for Cook County. The | 19 |
| countywide plan may
incorporate one or more separate watershed | 20 |
| plans.
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| Prior to adopting the countywide stormwater management | 22 |
| plan, the District
shall hold at least one public hearing | 23 |
| thereon and shall afford interested
persons an opportunity to | 24 |
| be heard.
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| (d) The District may prescribe by ordinance reasonable | 26 |
| rules and regulations
for floodplain and stormwater management |
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| and for governing the location, width,
course, and release rate | 2 |
| of all stormwater runoff channels, streams, and
basins in Cook | 3 |
| County, in accordance with the adopted stormwater management
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| plan. These rules and regulations shall, at a minimum, meet the | 5 |
| standards
for floodplain management established by the Office | 6 |
| of Water Resources of the
Department of Natural Resources and | 7 |
| the requirements of the Federal Emergency
Management Agency for | 8 |
| participation in the National Flood Insurance Program.
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| (e) The District may impose fees on areas outside the | 10 |
| District but within
Cook County for performance of stormwater | 11 |
| management services, including but not limited to, maintenance | 12 |
| of streams and the development, design, planning, | 13 |
| construction, operation and maintenance of stormwater | 14 |
| facilities. The total amount of the fees collected from areas | 15 |
| outside of the District but within Cook County shall not exceed | 16 |
| the District's annual tax rate for stormwater management within | 17 |
| the District multiplied by the aggregate equalized assessed | 18 |
| valuation of areas outside of the District but within Cook | 19 |
| County. The District may require the unit of local government | 20 |
| in which the stormwater services are performed to collect the | 21 |
| fee and remit the collected fee to the District. The District | 22 |
| is authorized to pay a reasonable administrative fee to the | 23 |
| unit of local government for the collection of these fees.
to | 24 |
| mitigate the effects of increased stormwater runoff resulting
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| from new development. The fees shall not exceed the
cost of | 26 |
| satisfying the
onsite stormwater retention or detention |
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| requirements of the adopted stormwater
management plan. The | 2 |
| fees shall be used to finance activities undertaken by
the | 3 |
| District or units of local government within the District to | 4 |
| mitigate the
effects of urban stormwater runoff by providing | 5 |
| regional stormwater retention
or detention facilities, as | 6 |
| identified in the plan. All such fees collected
by the District | 7 |
| shall be held in a separate fund and used for implementation of | 8 |
| this Section.
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| (f) Amounts realized from the tax levy for stormwater | 10 |
| management purposes
authorized in Section 12 may be used by the | 11 |
| District for implementing this
Section and for the development, | 12 |
| design, planning, construction, operation, and
maintenance of | 13 |
| regional stormwater facilities provided for in the stormwater
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| management plan.
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| The proceeds of any tax imposed under Section 12 for | 16 |
| stormwater management
purposes and any revenues generated as a | 17 |
| result of the ownership or operation
of facilities or land | 18 |
| acquired with the proceeds of taxes imposed under Section
12 | 19 |
| for stormwater management purposes shall be held in a separate | 20 |
| fund and used
either for implementing this Section or to abate | 21 |
| those taxes.
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| (g) The District may plan, implement, finance, and operate | 23 |
| regional
stormwater management projects in accordance with the | 24 |
| adopted countywide
stormwater management plan.
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| The District shall provide for public review and comment on | 26 |
| proposed
stormwater management projects. The District shall |
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| conform to State and
federal requirements concerning public | 2 |
| information, environmental assessments,
and environmental | 3 |
| impacts for projects receiving State or federal funds.
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| The District may issue bonds under Section 9.6a of this Act | 5 |
| for the
purpose of funding stormwater management projects.
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| The District shall not use Cook County Forest Preserve | 7 |
| District land for
stormwater or flood control projects without | 8 |
| the consent of the Forest
Preserve District.
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| (h) Upon the creation and implementation of a county | 10 |
| stormwater management
plan, the District may petition the | 11 |
| circuit court to dissolve any or all
drainage districts created | 12 |
| pursuant to the Illinois Drainage Code or
predecessor Acts that | 13 |
| are located entirely within the District.
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| However, any active drainage district implementing a plan | 15 |
| that is consistent
with and at least as stringent as the county | 16 |
| stormwater management plan may
petition the District for | 17 |
| exception from dissolution. Upon filing of the
petition, the | 18 |
| District shall set a date for hearing not less than 2 weeks, | 19 |
| nor
more than 4 weeks, from the filing thereof, and the | 20 |
| District shall give at
least one week's notice of the hearing | 21 |
| in one or more newspapers of general
circulation within the | 22 |
| drainage district, and in addition shall cause a copy
of the | 23 |
| notice to be personally served upon each of the trustees of the | 24 |
| drainage
district. At the hearing, the District shall hear the | 25 |
| drainage district's
petition and allow the drainage district | 26 |
| trustees and any interested parties
an opportunity to present |
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| oral and written evidence. The District shall render
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| decision upon the petition for exception from dissolution based | 3 |
| upon the
best interests of the residents of the drainage | 4 |
| district. In the event that
the exception is not allowed, the | 5 |
| drainage district may file a petition with
the circuit court | 6 |
| within 30 days of the decision. In that case, the notice
and | 7 |
| hearing requirements for the court shall be the same as | 8 |
| provided in this
subsection for the petition to the District. | 9 |
| The court shall render its
decision of whether to dissolve the | 10 |
| district based upon the best interests
of the residents of the | 11 |
| drainage district.
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| The dissolution of a drainage district shall not affect the | 13 |
| obligation
of any bonds issued or contracts entered into by the | 14 |
| drainage district nor
invalidate the levy, extension, or | 15 |
| collection of any taxes or special
assessments upon the | 16 |
| property in the former drainage district. All property
and | 17 |
| obligations of the former drainage district shall be assumed | 18 |
| and managed
by the District, and the debts of the former | 19 |
| drainage district shall be
discharged as soon as practicable.
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| If a drainage district lies only partly within the | 21 |
| District, the District may
petition the circuit court to | 22 |
| disconnect from the drainage district that
portion of the | 23 |
| drainage district that lies within the District. The property
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| of the drainage district within the disconnected area shall be | 25 |
| assumed and
managed by the District. The District shall also | 26 |
| assume a portion of the
drainage district's debt at the time of |
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| disconnection, based on the portion of
the value of the taxable | 2 |
| property of the drainage district which is located
within the | 3 |
| area being disconnected.
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| A drainage district that continues to exist within Cook | 5 |
| County shall conform
its operations to the countywide | 6 |
| stormwater management plan.
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| (i) The District may assume responsibility for maintaining | 8 |
| any stream
within Cook County.
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| (j) The District may, after 10 days written notice to the | 10 |
| owner or
occupant, enter upon any lands or waters within the | 11 |
| county for the purpose
of inspecting stormwater facilities or | 12 |
| causing the removal of any obstruction
to an affected | 13 |
| watercourse. The District shall be responsible for any damages
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| occasioned thereby.
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| (k) The District shall report to the public annually on its | 16 |
| activities and
expenditures under this Section and the adopted | 17 |
| countywide stormwater
management plan.
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| (l) The powers granted to the District under this Section | 19 |
| are in addition
to the other powers granted under this Act. | 20 |
| This Section does not limit the
powers of the District under | 21 |
| any other provision of this Act or any other law.
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| (m) This Section does not affect the power or duty of any | 23 |
| unit of local
government to take actions relating to flooding | 24 |
| or stormwater, so long as those
actions conform with this | 25 |
| Section and the plans, rules, and ordinances adopted
by the | 26 |
| District under this Section.
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| A home rule unit located in whole or in part in Cook County
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| (other than a municipality with a population over 1,000,000)
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| may not
regulate stormwater management or planning in Cook | 4 |
| County in a manner
inconsistent with this Section or the plans, | 5 |
| rules, and ordinances adopted by
the District under this | 6 |
| Section; provided, within a municipality with a
population over | 7 |
| 1,000,000, the stormwater management planning program of Cook
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| County shall be conducted by that municipality or,
to the | 9 |
| extent provided in an intergovernmental agreement between the
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| municipality and the District, by the District pursuant to this | 11 |
| Section;
provided further that the power granted to such | 12 |
| municipality shall not be
inconsistent with existing powers of | 13 |
| the District.
Pursuant to paragraph (i) of Section 6 of
Article | 14 |
| VII of the Illinois Constitution, this Section specifically | 15 |
| denies and
limits the exercise of any power that is | 16 |
| inconsistent with this Section by a
home rule unit that is a | 17 |
| county with a population of 1,500,000 or more or is
located, in | 18 |
| whole or in part, within such a county, other than a | 19 |
| municipality
with a population over 1,000,000.
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| (Source: P.A. 93-1049, eff. 11-17-04.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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