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90_HB2125
70 ILCS 2605/7a from Ch. 42, par. 326a
70 ILCS 2605/7f from Ch. 42, par. 326f
70 ILCS 2605/7g from Ch. 42, par. 326g
70 ILCS 2605/7bb rep.
Amends the Metropolitan Water Reclamation District Act.
Prohibits the discharge of sewage, industrial waste, or other
wastes into a sanitary district's sewerage system, or the
construction, installation, or operation of a sewer or
sewerage system that discharges sewage, industrial wastes, or
other wastes into the sewage system. Provides that the Board
of Commissioners of a sanitary district may assess any
penalties against a person who makes a prohibited discharge.
Sets procedures for hearings to assess civil penalties.
Provides that the civil penalty shall be a lien on the
property of the person making the discharge. Provides that
the sanitary district may issue a permit and approve the
plans for any sewerage system that will be connected to the
sanitary district's sewage system. Deletes current
provisions empowering the sanitary district to require
municipalities to obtain approval of all plans and
specifications for the construction of sewers connecting with
the sanitary district. Provides that a person causing an
intentional discharge of industrial wastes or other wastes
through mobile or portable equipment shall be liable for the
costs of seizure, storage, and disposal of the mobile or
portable equipment. Contains other provisions. Effective
immediately.
LRB9004236MWpc
LRB9004236MWpc
1 AN ACT to amend the Metropolitan Water Reclamation
2 District Act by changing Section 7a, 7f, and 7g and by
3 repealing Section 7bb.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Metropolitan Water Reclamation District
7 Act is amended by changing Sections 7a, 7f, and 7g as
8 follows:
9 (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
10 Sec. 7a. Discharge into sewers of a sanitary district.
11 (a) The terms used in this Section are defined as
12 follows:
13 "Board of Commissioners" means the Board of Commissioners
14 of the sanitary district.
15 "Sewage" means water-carried human wastes or a
16 combination of water-carried wastes from residences,
17 buildings, businesses, industrial establishments,
18 institutions, or other places together with any ground,
19 surface, storm, or other water that may be present.
20 "Industrial Wastes" means all solids, liquids, or gaseous
21 wastes resulting from any commercial, industrial,
22 manufacturing, agricultural, trade, or business operation or
23 process, or from the development, recovery, or processing of
24 natural resources.
25 "Other Wastes" means decayed wood, sawdust, shavings,
26 bark, lime, refuse, ashes, garbage, offal, oil, tar,
27 chemicals, and all other substances except sewage and
28 industrial wastes.
29 "Person" means any individual, firm, association, joint
30 venture, sole proprietorship, company, partnership, estate
31 copartnership, corporation, joint stock company, trust,
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1 school district, unit of local government, or private
2 corporation organized or existing under the laws of this or
3 any other state or country.
4 "General Superintendent" means the general superintendent
5 of the sanitary district.
6 "Sewerage System" means sewers, intercepting sewers,
7 pipes, conduits, manholes, force mains, pumping stations,
8 tunnels, and all other constructed devices, whether public or
9 private, used to collect or convey, either directly or
10 indirectly, sewage, industrial wastes, or other wastes to
11 treatment facilities owned or operated by the sanitary
12 district.
13 (b) It shall be unlawful for any person to discharge
14 sewage, industrial waste, or other wastes into the sewerage
15 system of a sanitary district or into any sewer connected
16 therewith, except upon the terms and conditions that the
17 sanitary district might reasonably impose by way of
18 ordinance, permit, or otherwise.
19 Any sanitary district, in addition to all other powers
20 vested in it and in the interest of public health and safety,
21 or as authorized by subsections (b) and (c) of Section 46 of
22 the Environmental Protection Act, is hereby empowered to pass
23 all ordinances, rules, or regulations necessary to implement
24 this Section, including but not limited to, the imposition of
25 charges based on factors that influence the cost of
26 treatment, including strength and volume, and including the
27 right of access during reasonable hours to the premises of a
28 person for enforcement of adopted ordinances, rules, or
29 regulations.
30 (c) Whenever the sanitary district acting through the
31 general superintendent determines that sewage, industrial
32 wastes, or other wastes are being discharged into the
33 sewerage system and when, in the opinion of the general
34 superintendent the discharge is in violation of an ordinance,
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1 rules, or regulations adopted by the Board of Commissioners,
2 the general superintendent shall order the offending party to
3 cease and desist. The order may be served by certified mail
4 or may be served at the site on the owner or operator or a
5 responsible corporate official.
6 In the event the offending party fails or refuses to
7 discontinue the discharge within 90 days after notification
8 of the cease and desist order, the general superintendent
9 may order the offending party to show cause before the Board
10 of Commissioners of the sanitary district why the discharge
11 should not be discontinued. A notice shall be served on the
12 offending party directing him, her, or it to show cause
13 before the Board of Commissioners why an order should not be
14 entered directing the discontinuance of the discharge. The
15 notice shall specify the time and place where a hearing will
16 be held and shall be served personally or by registered or
17 certified mail at least 10 days before the hearing; and in
18 the case of a unit of local government or a corporation the
19 service shall be upon an officer or agent thereof. After
20 reviewing the evidence, the Board of Commissioners may issue
21 an order to the party responsible for the discharge,
22 directing that within a specified period of time the
23 discharge be discontinued. The Board of Commissioners may
24 also order the party responsible for the discharge to pay a
25 civil penalty in an amount specified by the Board of
26 Commissioners that is not less than $100 nor more than $2,000
27 per day for each day of discharge of effluent in violation of
28 this Act as provided in subsection (d). The Board of
29 Commissioners may also order the party responsible for the
30 violation to pay court reporter costs and hearing officer
31 fees in a total amount not exceeding $3,000.
32 (d) The Board of Commissioners shall establish
33 procedures for assessing civil penalties and issuing orders
34 under subsection (c) as follows:
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1 (1) In making its orders and determinations, the
2 Board of Commissioners shall take into consideration all
3 the facts and circumstances bearing on the activities
4 involved and the assessment of civil penalties as shown
5 by the record produced at the hearing.
6 (2) The Board of Commissioners shall establish a
7 panel of independent hearing officers to conduct all
8 hearings on the assessment of civil penalties and
9 issuance of orders under subsection (c). The hearing
10 officers shall be attorneys licensed to practice law in
11 this State.
12 (3) The Board of Commissioners shall promulgate
13 procedural rules governing the proceedings, the
14 assessment of civil penalties, and the issuance of
15 orders.
16 (4) All hearings shall be on the record, and
17 testimony taken must be under oath and recorded
18 stenographically. Transcripts so recorded must be made
19 available to any member of the public or any party to the
20 hearing upon payment of the usual charges for
21 transcripts. At the hearing, the hearing officer may
22 issue, in the name of the Board of Commissioners, notices
23 of hearing requesting the attendance and testimony of
24 witnesses and the production of evidence relevant to any
25 matter involved in the hearing and may examine witnesses.
26 (5) The hearing officer shall conduct a full and
27 impartial hearing on the record, with an opportunity for
28 the presentation of evidence and cross-examination of the
29 witnesses. The hearing officer shall issue findings of
30 fact, conclusions of law, a recommended civil penalty,
31 and an order based solely on the record. The hearing
32 officer may also recommend, as part of the order, that
33 the discharge of industrial waste be discontinued within
34 a specified time.
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1 (6) The findings of fact, conclusions of law,
2 recommended civil penalty, and order shall be transmitted
3 to the Board of Commissioners along with a complete
4 record of the hearing.
5 (7) The Board of Commissioners shall either approve
6 or disapprove the findings of fact, conclusions of law,
7 recommended civil penalty, and order. If the findings of
8 fact, conclusions of law, recommended civil penalty, or
9 order are rejected, the Board of Commissioner's shall
10 remand the matter to the hearing officer for further
11 proceedings. If the order is accepted by the Board of
12 Commissioners, it shall constitute the final order of the
13 Board of Commissioners.
14 (8) The Administrative Review Law, and the rules
15 adopted under that Law, shall govern all proceedings for
16 the judicial review of final orders of the Board of
17 Commissioners issued under this subsection.
18 (9) The civil penalty specified by the Board of
19 Commissioners shall be paid within 35 days after the
20 party on whom it is imposed receives a written copy of
21 the order of the Board of Commissioners, unless the
22 person or persons to whom the order is issued seeks
23 judicial review under paragraph (8).
24 (10) If the respondent seeks judicial review of the
25 order assessing civil penalties, the respondent shall,
26 within 20 days after the date of the final order, pay the
27 amount of the civil penalties into an escrow account
28 maintained by the district for that purpose or file a
29 bond guaranteeing payment of the civil penalties if the
30 civil penalties are upheld on review.
31 (11) Civil penalties not paid by the times
32 specified above shall be delinquent and subject to lien
33 upon the property of the person ordered to pay the
34 penalty. The foregoing provisions for asserting liens
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1 against real estate by the sanitary district shall be in
2 addition to and not in derogation of any other remedy or
3 right of recovery, in law or equity, that the sanitary
4 district may have with respect to the collection or
5 recovery of penalties and charges imposed by the sanitary
6 district. Judgment in a civil action brought by the
7 sanitary district to recover or collect the charges shall
8 not operate as a release and waiver of the lien upon the
9 real estate for the amount of the judgment. Only
10 satisfaction of the judgment or the filing of a release
11 or satisfaction of lien shall release the lien.
12 (e) The general superintendent may order a person to
13 cease the discharge of industrial waste upon a finding by the
14 general superintendent that the final order of the Board of
15 Commissioners entered after a hearing to show cause has been
16 violated. The general superintendent shall serve the person
17 with a copy of his or her order either by certified mail or
18 personally by serving an officer or agent of the corporation.
19 The order of the general superintendent shall also schedule
20 an expedited hearing before a designee of the Board of
21 Commissioners for the purpose of determining whether the
22 company has violated the final order of the Board of
23 Commissioners. The Board of Commissioners shall adopt rules
24 of procedure governing expedited hearings. In no event shall
25 the hearing be conducted less than 7 days after receipt by
26 the person of the general superintendent's order.
27 At the conclusion of the expedited hearing, the hearing
28 officer shall prepare a report with his or her findings and
29 recommendations and transmit it to the Board of
30 Commissioners. If the Board of Commissioners, after
31 reviewing the findings and recommendations, and the record
32 produced at the hearings, determines that the person has
33 violated the Board of Commissioner's final order, the Board
34 of Commissioners may authorize the plugging of the sewer.
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1 The general superintendent shall give not less than 10 days
2 written notice to the person of the Board of Commissioner's
3 order that the sewer will be plugged.
4 The foregoing provision for plugging a sewer shall be in
5 addition to and not in derogation of any other remedy, in law
6 or in equity, that the district may have to prevent violation
7 of its ordinances and orders of its Board of Commissioners.
8 (f) A violation of the final order of the Board of
9 Commissioners shall be considered a nuisance. If any person
10 discharges sewage, industrial wastes, or other wastes into
11 any waters contrary to the final order of the Board of
12 Commissioners, the sanitary district acting through the
13 general superintendent has the power to commence an action or
14 proceeding in the circuit court in and for the county in
15 which the sanitary district is located for the purpose of
16 having the discharge stopped either by mandamus or
17 injunction, or to remedy the violation in any manner provided
18 for in this Section.
19 The court shall specify a time, not exceeding 20 days
20 after the service of the copy of the complaint, in which the
21 party complained of must plead to the complaint, and in the
22 meantime, the party may be restrained. In case of default or
23 after pleading, the court shall immediately inquire into the
24 facts and circumstances of the case and enter an appropriate
25 judgment in respect to the matters complained of. Appeals
26 may be taken as in other civil cases.
27 (g) The sanitary district, acting through the general
28 superintendent, has the power to commence an action or
29 proceeding for mandamus or injunction in the circuit court
30 ordering a person to cease its discharge, when, in the
31 opinion of the general superintendent, the person's discharge
32 presents an imminent danger to the public health, welfare, or
33 safety, presents or may present an endangerment to the
34 environment, or threatens to interfere with the operation of
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1 the sewerage system or a water reclamation plant under the
2 jurisdiction of the sanitary district. The initiation of a
3 show cause hearing is not a prerequisite to the commencement
4 by the sanitary district of an action or proceeding for
5 mandamus or injunction in the circuit court. The court shall
6 specify a time, not exceeding 20 days after the service of a
7 copy of the petition, in which the party complained of must
8 answer the petition, and in the meantime, the party may be
9 restrained. In case of default in answer or after answer,
10 the court shall immediately inquire into the facts and
11 circumstances of the case and enter an appropriate judgment
12 order in respect to the matters complained of. An appeal may
13 be taken from the final judgment in the same manner and with
14 the same effect as appeals are taken from judgment of the
15 circuit court in other actions for mandamus or injunction.
16 (h) Whenever the sanitary district commences an action
17 under subsection (f) or (g) of this Section, the court shall
18 assess a civil penalty of not less than $1,000 nor more than
19 $10,000 for each day the person violates a Board order,
20 ordinance, rule, or regulation. Each day's continuance of
21 the violation is a separate offense. The penalties provided
22 in this Section plus interest at the rate set forth in the
23 Interest Act on unpaid penalties, costs, and fees, imposed by
24 the Board of Commissioners under subsection (d), the
25 reasonable costs to the sanitary district of removal or other
26 remedial action caused by discharges in violation of this
27 Act, reasonable attorney's fees, court costs, and other
28 expenses of litigation together with costs for inspection,
29 sampling, analysis, and administration related to the
30 enforcement action against the offending party are
31 recoverable by the sanitary district in a civil action.
32 (i) The Board of Commissioners may establish fees for
33 late filing of reports with the sanitary district required by
34 an ordinance governing discharges. The sanitary district
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1 shall provide by certified mail a written notice of the fee
2 assessment that states the person has 30 days after the
3 receipt of the notice to request a conference with the
4 general superintendent's designee to discuss or dispute the
5 appropriateness of the assessed fee. Unless a person objects
6 to paying the fee for filing a report late by timely
7 requesting in writing a conference with a designee of the
8 general superintendent, that person waives his or her right
9 to a conference and the sanitary district may impose a lien
10 on the property of the person for the amount of the unpaid
11 fee.
12 If a person requests a conference and the matter is not
13 resolved at the conference, the person subject to the fee may
14 request an administrative hearing before an impartial hearing
15 officer appointed under subsection (d) to determine the
16 person's liability for and the amount of the fee.
17 If the hearing officer finds that the late filing fees
18 are owed to the sanitary district, the sanitary district
19 shall notify the responsible person or persons of the hearing
20 officer's decision. If payment is not made within 30 days
21 after the notice, the sanitary district may impose a lien on
22 the property of the person or persons.
23 Any liens filed under this subsection shall apply only to
24 the property to which the late filing fees are related. A
25 claim for lien shall be filed in the office of the recorder
26 of the county in which the property is located. The filing
27 of a claim for lien by the district does not prevent the
28 sanitary district from pursuing other means for collecting
29 late filing fees. If a claim for lien is filed, the sanitary
30 district shall notify the person whose property is subject to
31 the lien, and the person may challenge the lien by filing an
32 action in the circuit court. The action shall be filed
33 within 90 days after the person receives the notice of the
34 filing of the claim for lien. The court shall hear evidence
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1 concerning the underlying reasons for the lien only if an
2 administrative hearing has not been held under this
3 subsection.
4 (j) If the provisions of any paragraph of this Section
5 are declared unconstitutional or invalid by the final
6 decision of any court of competent jurisdiction, the
7 provisions of the remaining paragraphs continue in effect.
8 (k) Nothing in this Section eliminates any of the powers
9 now granted to municipalities having a population of 500,000
10 or more as to design, preparation of plans, and construction,
11 maintenance, and operation of sewers and sewerage systems, or
12 for the control and elimination or prevention of the
13 pollution of their waters or waterways, in the Illinois
14 Municipal Code or any other Act of the State of Illinois. It
15 shall be unlawful, for any person, firm, association, or
16 corporation in possession of or controlling and operating any
17 industrial or manufacturing plant to discharge into the
18 sewers or works of a sanitary district or into any sewer
19 connected therewith, any discharge of any nature whatever
20 from any industrial or manufacturing plant except upon such
21 terms and conditions as the sanitary district might
22 reasonably impose.
23 Any sanitary district, in addition to all other powers
24 vested in it and in the interest of public health and safety,
25 is hereby empowered to pass all ordinances, rules, or
26 regulations necessary to implement this Section, including
27 but not limited to the imposition of charges based on
28 factors that influence the cost of treatment, including
29 strength and volume.
30 (Source: P.A. 87-1125.)
31 (70 ILCS 2605/7f) (from Ch. 42, par. 326f)
32 Sec. 7f. Regulation of connecting sewerage systems.
33 (a) It shall be unlawful for any person to construct,
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1 install, or operate any sewer or sewerage system that
2 discharges sewage, industrial wastes, or other wastes,
3 directly or indirectly, into the sewerage system of the
4 sanitary district, unless a written permit for the sewerage
5 system has been granted by the sanitary district acting
6 through the general superintendent. No changes, additions,
7 or extensions to any existing sewerage systems discharging
8 sewage, industrial wastes, or other wastes into the sewerage
9 system of the sanitary district may be made until plans for
10 the changes, additions, or extensions have been submitted to
11 and a written permit obtained from the sanitary district
12 acting through the general superintendent; provided, however,
13 that this subsection is not applicable in any municipality
14 having a population of more than 500,000.
15 (b) The Board of Commissioners of any sanitary district
16 is authorized to regulate, limit, extend, deny, or otherwise
17 control any new or existing connection, addition, or
18 extension to any sewer or sewerage system which directly or
19 indirectly discharges into the sanitary district sewerage
20 system. The Board shall adopt standards and specifications
21 for construction, operation, and maintenance. This Section
22 shall not apply to sewerage systems under the jurisdiction of
23 any city, village, or incorporated town having a population
24 of 500,000 or more.
25 (c) The Board of Commissioners of any sanitary district
26 is hereby authorized to pass all necessary ordinances to
27 carry out the aforementioned powers. The ordinances may
28 provide for a civil penalty for each offense of not less than
29 $100 nor more than $1,000. Each day's continuance of the
30 violation shall be a separate offense. Hearings for
31 violations of the ordinances adopted by the Board of
32 Commissioners may be conducted by the Board of Commissioners
33 or its designee.
34 (d) Plans and specifications for any sewerage system
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1 covered by this Act must be submitted to the sanitary
2 district before a written permit may be issued and the
3 construction of any sewerage system must be in accordance
4 with the plans and specifications. In case it is necessary
5 or desirable to make material changes in the plans or
6 specifications, the revised plans or specifications, together
7 with the reasons for the proposed changes, must be submitted
8 to the sanitary district for a supplemental written permit.
9 (e) The sanitary district, acting through the general
10 superintendent, may require any owner of a sewerage system
11 discharging into the sewerage system of the sanitary
12 district, to file with it complete plans of the whole or of
13 any part of the system and any other information and records
14 concerning the installation and operation of the system.
15 (f) The sanitary district, acting through the general
16 superintendent, may establish procedures for the review of
17 any plans, specifications, or other data relative to any
18 sewerage system, written permits for which are required by
19 this Act.
20 (g) The sanitary district, acting through the general
21 superintendent, may adopt and enforce rules and regulations
22 governing the issuance of permits and the method and manner
23 under which plans, specifications, or other data relative
24 thereto must be submitted for the sewerage systems or for
25 additions or changes to or extensions of the systems.
26 (h) After a hearing on an alleged violation of any such
27 ordinance, the Board may, in addition to any civil penalty
28 imposed, order any person found to have committed a violation
29 to reimburse the sanitary district for the costs of the
30 hearing, including any expenses incurred for inspection,
31 sampling, analysis, administrative costs, and court
32 reporter's and attorney's fees. The Board of Commissioners
33 may also require a person to achieve compliance with the
34 ordinance within a specified period of time.
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1 (i) Civil penalties and costs imposed pursuant to this
2 Section are recoverable by the sanitary district in a civil
3 action. The sanitary district is authorized to apply to the
4 circuit court for injunctive relief or mandamus when, in the
5 opinion of the general superintendent, the person has failed
6 to comply with an order of the Board of Commissioners or the
7 relief is necessary to protect the sewerage system of the
8 sanitary district.
9 The board of commissioners of any sanitary district is
10 authorized to regulate, limit, extend, deny or otherwise
11 control any new or existing connection, addition or extension
12 to any sewer or sewerage system which will directly or
13 indirectly discharge into the sanitary district sewerage
14 system. The board shall adopt standards and specifications
15 for construction, operation, and maintenance. This Section
16 shall not apply to sewerage systems under the jurisdiction of
17 any city, village, or incorporated town having a population
18 of 500,000 or more.
19 The board of commissioners of any sanitary district is
20 hereby authorized to pass all necessary ordinances to carry
21 out the aforementioned powers. Such ordinances may provide
22 for a fine for each offense of not less than $100 nor more
23 than $1,000. Each day's continuance of such violation shall
24 be a separate offense.
25 After a hearing on an alleged violation of any such
26 ordinance, the board may, in addition to any fine imposed,
27 order any person found to have committed a violation to
28 reimburse the district for the costs of the hearing,
29 including any expenses incurred for inspection, sampling,
30 analysis, administrative costs, and court reporter's and
31 attorney's fees.
32 Fines and costs imposed pursuant to this Section are
33 recoverable by the sanitary district in a civil action. The
34 sanitary district is authorized to apply to the circuit court
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1 for injunctive relief or mandamus when, in the opinion of the
2 General Superintendent, such relief is necessary to protect
3 the sewerage system of the sanitary district.
4 (Source: P.A. 87-283; 88-399.)
5 (70 ILCS 2605/7g) (from Ch. 42, par. 326g)
6 Sec. 7g. Any person who takes or who knowingly permits
7 his agent or employee to take industrial wastes or other
8 wastes from a point of origin and intentionally discharges
9 such wastes by means of mobile or portable equipment into any
10 sewer, sewer manhole, or any appurtenances thereto, or
11 directly or indirectly to any waters shall be guilty of a
12 Class A misdemeanor. A second or subsequent offense shall
13 constitute a Class 4 felony.
14 Any mobile or portable equipment used in the commission
15 of any act which is a violation of this Section shall be
16 subject to seizure and forfeiture in the manner provided for
17 the seizure and forfeiture of vessels, vehicles and aircraft
18 in Article 36 of the Criminal Code of 1961, as now or
19 hereafter amended. The person causing the intentional
20 discharge shall be liable for the costs of seizure, storage,
21 and disposal of the mobile or portable equipment.
22 The terms "industrial waste", "other wastes" and "waters"
23 shall have the same meaning as these terms are defined in
24 Section 7g 7bb of this Act.
25 (Source: P.A. 84-1320.)
26 (70 ILCS 2605/7bb rep.)
27 Section 10. The Metropolitan Water Reclamation District
28 Act is amended by repealing Section 7bb.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.