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90_HB3351
55 ILCS 5/5-1062.2 new
Amends the Counties Code. Provides that Madison, Monroe,
or St. Clair County may establish a 10-member Stormwater
Management Committee to administer funding and promote
cooperation in stormwater management in southwestern Illinois
through intergovernmental agreements. Authorizes the
regulation, enforcement, and management of urban stormwater
runoff. Establishes a committee's duties, powers, funding,
and relationships to other governmental entities and property
owners concerning stormwater management plans. Authorizes
the imposition of stormwater utility fees after referendum,
the collection of fees, and the issuance of revenue bonds.
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1 AN ACT to amend the Counties Code by adding Section
2 5-1062.2
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by adding
6 Section 5-1062.2 as follows:
7 (55 ILCS 5/5-1062.2 new)
8 Sec. 5-1062.2 Urban stormwater management in
9 southwestern Illinois.
10 (a) The purpose of this Section is to prevent, mitigate,
11 and remedy the effects of urbanization on stormwater drainage
12 in the southwestern Illinois counties of Madison, Monroe, and
13 St. Clair.
14 The General Assembly finds that floods have occurred from
15 1993 through 1996 in these counties resulting in the
16 expenditure of millions of dollars of private, local, State,
17 and federal funds for disaster relief. Only a small portion
18 of those funds were expended to remediate the flooding
19 problems. Current stormwater management responsibilities are
20 limited by political boundaries and stormwater knows no
21 boundaries. Therefore, because effective stormwater
22 management is crucial to optimize economic development and
23 improve the quality of life in the area this Section is
24 enacted to:
25 (1) Enable the coordination of the existing
26 stormwater management framework into a comprehensive,
27 countywide structure and to enable the management of
28 stormwater runoff by watershed.
29 (2) Enable preparation and implementation of a
30 countywide plan including incorporated and unincorporated
31 areas for the control of stormwater runoff from
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1 impervious areas.
2 (3) Coordinate stormwater management between
3 adjoining counties with similar authorities and other
4 governmental bodies, including drainage districts,
5 through intergovernmental agreements.
6 (b) For the purposes of this Section:
7 "Committee" means a Stormwater Management Committee
8 created by this Section.
9 "County" means Madison, Monroe, or St. Clair Counties.
10 "County Board" means the county board or county
11 commission of a county.
12 "Drainage district" means any district organized by law
13 for the purpose of providing stormwater management, flood
14 control, or drainage to land and real property within its
15 boundaries.
16 "Impervious area" means, without limitation, that area
17 of property that is covered by materials other than soil and
18 vegetation and that has no intended capacity to absorb
19 stormwater such as parking lots, driveways, sidewalks,
20 patios, tennis courts, roofs, and other structures.
21 "Stormwater management" means any activity related to the
22 regulation of the flow of water from impervious areas and
23 includes, but is not limited to, planning, education,
24 monitoring, inspection, and enforcement of ordinances.
25 "Stormwater management facility" means any facility,
26 improvement, development, project, property, or any interest
27 in any of these items that is constructed or acquired to
28 control treat or protect life or property from storm, flood,
29 or surplus waters. Stormwater management facility includes,
30 but is not limited to the following:
31 (i) Levees, spoil banks, revetments, and
32 bulkheads.
33 (ii) The removal of obstructions, including,
34 but not limited to, bars, logs, and debris from
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1 water courses.
2 (iii) The acquisition of real or personal
3 property, rights, or interests to provide for the
4 free, natural flow, detention, or retention of flood
5 or stormwater.
6 (iv) Storm sewers, retention ponds, dams,
7 impounding basins, wetlands, and dikes.
8 (v) The construction, operation, and
9 maintenance of any other works or structures, and
10 the improvement necessary for the control,
11 treatment, or protection of life or property from
12 storm, flood, or surplus waters.
13 (vi) The provision of related public
14 information and the condemnation of land and other
15 property, rights, and interests, and the damage of
16 land and other property, rights, and interests for
17 stormwater management purposes related to these
18 items after just compensation has been made or paid
19 into court for the owner in the manner prescribed by
20 Article VII of the Code of Civil Procedure.
21 "Stormwater management plan" means the guidelines,
22 standards, ordinances, or other rules and regulations
23 reasonable and necessary to manage urban stormwater from
24 impervious areas including a plan for capital improvements
25 within the watersheds, a plan that meets the financial
26 requirements, and an operational plan guiding both
27 implementation and day to day activities and coordination
28 throughout the region.
29 "Stormwater runoff" means waters derived from rain,
30 melting snow, or other precipitation that exceeds the
31 capacity of the soil and rainfall not absorbed or detained by
32 soil nor lost by evaporation.
33 "Stormwater utility fee" means the charges assessed
34 against the impervious area throughout a county that are
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1 established as necessary to implement and operate a
2 stormwater management plan.
3 "Urban stormwater runoff" means stormwater runoff from
4 impervious areas and associated parks, lawns, recreational
5 areas, or other land uses commonly associated with urban
6 development.
7 "Watershed" means all land area drained by or
8 contributing water to the same stream, lake, marsh,
9 stormwater facility, groundwater, or low area. Each county
10 shall have multiple watersheds within its political
11 jurisdiction, and watershed may include multiple counties.
12 (c) The county board may authorize, by resolution, a
13 stormwater management committee to develop, implement, and
14 administer a stormwater management plan to control runoff
15 from impervious surfaces for any or all watersheds in the
16 county.
17 (1) The committee shall consist of 9 members.
18 Membership shall be divided as evenly as possible from
19 each major political party.
20 (2) The county board chairperson shall appoint the
21 following members: 2 members who are elected members of
22 the county board; one member representing agricultural
23 land use; one member representing residential land use;
24 one member representing commercial land use; and one
25 member representing industrial land use. The mayors of
26 the municipalities within the county shall select 2
27 mayors to be members of the committee. The drainage
28 districts within the county shall select one drainage
29 district commissioner to be a member of the committee.
30 No more than one committee member may be appointed from
31 any one township within the county. The term length for
32 committee members shall be 3 years, except that by
33 lottery, the initial committee shall establish initial
34 terms providing that 3 members shall serve one year; 3
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1 members shall serve 2 years; and 3 members shall serve 3
2 years to assure that no more than one-third of the
3 committee is replaced in a given year. Vacancies on the
4 committee shall be filled in the same manner as the
5 original appointments. Committee members shall not
6 receive compensation as salary but shall be reimbursed
7 for expenses. A regional stormwater committee may be
8 established through intergovernmental agreements to
9 provide the coordination of activities authorized by this
10 Section.
11 (3) The committee shall adopt by-laws and rules by
12 a majority vote of the committee members to govern the
13 functions of the committee and its subcommittees.
14 Officers of the committee shall include a chairperson,
15 vice chairperson, and other officers as necessary to
16 conduct business.
17 (4) The committee shall appoint watershed
18 subcommittees within each watershed to advise them on
19 priorities and to review plans to make certain they
20 address local needs. Watershed subcommittees are not
21 limited in size. Each subcommittee shall include at
22 least the chairperson or appointed designee of each
23 drainage district and the mayor or appointed designee of
24 each municipality within the watershed. Notice of
25 meetings shall be published at least once no less than 15
26 days in advance of the meeting in a newspaper of general
27 circulation published in that county.
28 (d) The county board shall provide funds to the
29 committee necessary for it to develop a stormwater management
30 plan.
31 (1) The county board may establish reasonable
32 deadlines for the committee to present preliminary and
33 final plans. The county board shall approve and adopt
34 final plans for implementation of stormwater management
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1 systems.
2 (2) The county board, by ordinance, may approve by
3 simple majority vote the proposed plan or any
4 modification to the plan as recommended by the committee.
5 If the proposals for modification of the stormwater
6 management plan made by any municipality or drainage
7 district having an adopted plan and located within a
8 watershed impacted by the plan are not included in the
9 proposed plan, and the municipality or drainage district
10 opposes the adoption of the county plan by resolution of
11 its corporate authorities, approval of the plan shall
12 require an affirmative vote of two-thirds of the elected
13 members of the county board.
14 (3) If the county board wishes to amend the plan
15 recommended by the committee, it shall submit in writing
16 specific proposals to the committee. If the proposals
17 are not approved by the committee, the affirmative vote
18 of two-thirds of the elected members of the county board
19 shall be required to approve the amendment. If the
20 proposals for amendment are opposed by resolution of the
21 corporate authorities of any municipality or drainage
22 district located within a watershed impacted by the plan,
23 amendment of the plan shall require an affirmative vote
24 of two-thirds of the elected members of the county board.
25 (4) The county board may prescribe, by ordinance,
26 reasonable rules, regulations, and standards for
27 management of urban stormwater runoff, the release rate
28 of urban stormwater runoff detention, and retention
29 structures or channels constructed or modified for the
30 purpose of conveying or disposing of stormwater runoff
31 created by urban development in the incorporated and
32 unincorporated portions of the county. Municipalities
33 may continue to enforce or adopt their own standards and
34 ordinances so long as they are as stringent as the county
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1 standards.
2 (5) The powers authorized by this Section may be
3 implemented by the county board for only a portion of the
4 county that is subject to similar stormwater control
5 needs.
6 (6) The county board may establish stormwater
7 utility fee rates and charges including interest and
8 penalties.
9 (7) The powers and fees authorized by this Section
10 are in addition to the powers authorized by Division 5-15
11 of this Code, and in exercising its powers under this
12 Section, a county shall not be subject to the
13 restrictions and requirements of that Division.
14 (e) The committee shall develop and implement stormwater
15 management plans.
16 (1) The committee may enter into contracts for
17 engineering, legal advice, financial advice, and other
18 stormwater management activities. The committee may
19 enter into contracts for implementation, operation, and
20 maintenance of stormwater management facilities. The
21 committee may retain a stormwater system manager, a
22 secretary, and inspection personnel. The committee shall
23 develop written job descriptions and qualifications prior
24 to the hiring of all employees.
25 (2) The committee shall meet at least quarterly.
26 (f) In preparation of a stormwater management plan, the
27 committee shall coordinate the planning process with each
28 adjoining county that has similar stormwater management
29 authorities, with interested drainage districts, and with
30 municipalities to ensure that recommended stormwater projects
31 will have no significant adverse impact on the levels or
32 flows of stormwater in inter-county watersheds or on the
33 capacity of existing and planned stormwater retention or
34 conveyance facilities.
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1 (1) An adopted stormwater management plan shall
2 identify steps taken by the county to coordinate the
3 development of plan recommendations with adjoining
4 counties.
5 (2) Before the committee recommends to the county
6 board a stormwater management plan for the county or a
7 portion of the county, it shall submit the plan to the
8 Department of Natural Resources for review and
9 recommendations. The Department in reviewing the plan
10 shall consider such factors as impacts on the levels or
11 flows in rivers and streams and the cumulative effects of
12 stormwater discharges on flood levels and shall evaluate
13 compliance with the requirements of subsection (k).
14 Within a period not to exceed 60 days after the submittal
15 to the Department, the review comments and
16 recommendations shall be submitted to the committee for
17 consideration. Any amendments to the plan shall be
18 submitted to the Department for review. Comments from
19 the Department on the plan or amendments shall not be
20 binding on the county board.
21 (g) The committee shall hold at least one public hearing
22 within each watershed to begin the development of the plan in
23 order to develop a comprehensive description of the problem
24 and to solicit public comment on possible solutions to the
25 stormwater problems within the watershed.
26 (1) Notice of the hearings shall be published at
27 least 15 days before the hearing in a newspaper of
28 general circulation published in the county. The notice
29 shall state the time, place, and purpose of the hearing.
30 (2) After the committee has developed a preliminary
31 management plan for the county or a portion of the
32 county, it shall hold at least one public hearing in each
33 affected watershed and shall give interested persons an
34 opportunity to be heard. Following the watershed
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1 hearings on the preliminary plan and before the committee
2 recommends to the county board a stormwater management
3 plan for the county or a portion of the county, the
4 committee shall hold at least one public hearing on the
5 plan in the county seat and shall afford interested
6 persons an opportunity to be heard.
7 (3) Notice of the hearings shall be published at
8 least 15 days in advance of the hearing in a newspaper of
9 general circulation published in the county. The notice
10 shall state the time and place of the hearings and the
11 place where copies of the proposed plan will be
12 accessible for examination by interested parties.
13 (h) An affected drainage district or an affected
14 municipality having a stormwater management plan adopted by
15 resolution or ordinance and objecting to the proposed county
16 plan shall make its objections known in writing and include a
17 proposal to resolve any objections.
18 (1) Any affected unit of government may appear at
19 the hearings to discuss its objection publicly in
20 addition to written proposals.
21 (2) The powers granted by this Section to a county
22 or county board are supplemental to the other powers
23 granted by this Code. Before exercising any powers
24 granted by this Section, however, a county board governed
25 by this Section shall determine that the exercise of
26 powers conforms to the county's stormwater management
27 plan.
28 (3) The committee shall not enforce any rules or
29 regulations that would interfere with the ability of any
30 drainage district or farm to operate, maintain, and
31 improve its system for the purpose of production of an
32 agricultural commodity crop. The committee and county
33 shall not have the authority to require any drainage
34 district to disburse drainage district funds. Utility
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1 fees and charges on property within drainage districts
2 shall be fully credited for drainage district taxes or
3 special assessments upon the property.
4 (4) Upon petition of the municipality and based on
5 a finding of the committee, the committee and county
6 shall not enforce rules and regulations adopted by the
7 county other than utility fees and charges, interest, and
8 penalties on the fees and charges, and any rules and
9 regulation related to the fees, charges, interest, and
10 penalties in any municipality located wholly or partly
11 within the county that has a municipal stormwater
12 management ordinance that is consistent with and at least
13 as stringent as the county plan and ordinance and is
14 being enforced by the municipal authorities. The
15 committee and county shall not have the authority to
16 require any municipality to disburse municipal funds.
17 Utility fees and charges on property within
18 municipalities shall be credited for that portion of any
19 municipal taxes or special assessments upon the property
20 used by the municipality for implementing activities
21 identified in the plan.
22 (i) The stormwater utility fees and charges shall be
23 imposed on all persons owning real property within the
24 county's boundaries.
25 (1) The utility rates and charges shall be uniform
26 for the same class of use or service and shall be based
27 on the amount of impervious area on the property.
28 (2) The stormwater utility fees and charges
29 collected shall be used to plan, implement, and
30 administer the adopted stormwater management plan. The
31 county may use the stormwater utility fees and charges to
32 finance activities undertaken by its included
33 municipalities or drainage districts to implement the
34 adopted storm water management plan.
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1 (3) Stormwater utility fees shall be as follows:
2 (i) base fee and (ii) implementation fee. The base fee
3 shall be used for expenses that involve the countywide
4 stormwater plan, administration, and program development.
5 The implementation fee shall be used to implement the
6 plan in each specific watershed. The implementation fee
7 will include administration, planning, program
8 development, improvements, and maintenance of
9 improvements as defined under stormwater utility fee in
10 subsection (b) specific to the watershed.
11 (4) The total utility base fee described in this
12 subsection shall not exceed $10 per 1000 square feet of
13 impervious surface. The total of all utility charge fees
14 authorized in this subsection shall not exceed $80 per
15 1000 square feet of impervious area. All public and
16 private property that is exempt from real estate
17 taxation, except streets and roads, shall be subject to
18 utility fees. Property owners paying taxes or special
19 assessments to a drainage district, special district, or
20 municipality for stormwater management or flood
21 protection shall be fully credited. After development of
22 a countywide plan, the base fee may be reduced in those
23 watersheds where no specific urban stormwater management
24 plan is adopted.
25 (5) Stormwater utility rates and charges established
26 by a county board under this Section shall be sufficient
27 at all times to pay the cost of maintenance and operation
28 of the county's stormwater management system, to pay the
29 principal of and interest on all bonds issued under this
30 Section, to provide a reasonable depreciation fund
31 established pursuant to the ordinance authorizing the
32 issuance of the bonds, and to maintain other reserves and
33 sinking funds the county board considers necessary or
34 desirable for the payment of the bonds or the expansion,
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1 extension, or improvement of a stormwater management
2 system.
3 (6) All governmental entities owning real property
4 within a watershed basin and their agencies, shall be
5 subject to stormwater utility fees and charges for
6 stormwater management systems to the same extent private
7 persons are subject to stormwater utility fees and
8 charges under this Section. Public streets, highways,
9 and roadways shall not be subject to the stormwater
10 utility fees and charges. All owners of privately held
11 tax exempt property shall be subject to the stormwater
12 utility fees and charges and limitations to the same
13 extent as owners of taxable property are subject to
14 utility fees and charges under this Section.
15 (7) The utility fees and charges shall be
16 determined on the basis of the impervious area of any
17 parcel of public or private property and shall be
18 established by watershed as defined in the countywide
19 stormwater plan to reflect the different levels of
20 stormwater management system development and maintenance
21 required in each watershed.
22 (j) The utility fees authorized in subsection (i) shall
23 not be collected until the county board has adopted a
24 resolution to establish the fees and placed the question
25 before the electorate.
26 (1) The county board shall certify the resolution
27 and proposition to the proper election officials who
28 shall submit the proposition at an election in accordance
29 with the general election law. The question shall be in
30 substantially the following form:
31 Shall (name of county) be permitted to collect utility
32 charge fees on each parcel of real property in the county
33 based on each parcel's impervious area for (state period) for
34 stormwater management activities?
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1 The votes shall be recorded as "Yes" or "No". A simple
2 majority is required for approval.
3 (2)If a county creates a committee under this
4 Section, the election shall be held within 5 years of the
5 effective date of this amendatory Act of 1998. The
6 General Assembly may grant an extension to the time limit
7 for the election.
8 (k) The stormwater utility fees above the stormwater
9 utility base fee may not, however, be imposed until the
10 committee develops a stormwater management plan that outlines
11 expected costs over the 5-year period after the adoption of
12 the plan.
13 (1) The stormwater management plan shall include,
14 without limitation:
15 (A) A list and topographical description
16 of watershed basins in the county.
17 (B) A list categorized by watershed basin
18 of the capital facilities, land acquisition,
19 and maintenance activities required to
20 implement the stormwater management plan
21 including a plan for the operation and
22 maintenance of the capital facilities.
23 (C) A description of the stormwater
24 management systems to be established in each
25 watershed basin. The description shall include
26 a general schedule for the implementation and
27 maintenance of the systems.
28 (D) A general description of the
29 relationship between the utility rates and
30 charges and the contribution of stormwater
31 runoff to the stormwater management system.
32 (E) A general description of the costs of
33 collecting the utility rates and charges.
34 (2) The county may accept grants, gifts,
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1 contributions or in-kind, or contributed utility to
2 implement the adopted stormwater management plan.
3 (3) The stormwater management plan shall be
4 reviewed and revised as necessary, and at least every 5
5 years revisions shall be addressed by public notice and
6 hearing requirements of subsection (g).
7 (4) The stormwater utility fees and charges
8 collected above the base fee pursuant to this Section
9 shall be deposited into a special fund or funds in the
10 county treasury to be used solely within the watershed in
11 which they were collected for the purposes of:
12 (A) Paying all or any part of the cost of
13 planning, designing, establishing, acquiring,
14 developing, managing, constructing, and
15 improving the stormwater management systems.
16 (B) Paying all or any part of the cost of
17 maintaining and operating the stormwater
18 management systems.
19 (C) Paying or securing the payment of all
20 or any portion of any issue of revenue bonds
21 issued under this Section for a purpose
22 described in subparagraphs (A) or (B) of this
23 paragraph.
24 (l) The county may issue revenue bonds for implementing
25 the stormwater management plan under this Section to be paid
26 out of funds generated by the utility fee.
27 (m) The committee shall establish and maintain financial
28 records that are consistent with the provisions of this Code.
29 (n) In fixing the utility fees the county board shall
30 reduce the utility fees and charges for any property by
31 considering the services or land furnished or to be furnished
32 by the user of the stormwater management system. Reduction
33 of utility fees and charges shall be based on the nature and
34 extent of the use of the stormwater management system, the
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1 character and use of the land, its stormwater runoff
2 characteristics, and any other matters that present a
3 reasonable difference as a ground for distinction and shall
4 be based on commonly accepted engineering practice. Specific
5 methodology may be required by ordinance.
6 (o) The utility rates and charges established and
7 revised, shall be due and payable, and shall be in force as
8 the county board determines by ordinance except as otherwise
9 limited by this Section.
10 (1) Stormwater utility rates and charges
11 established by the county board shall not be subject to
12 any regulations covering rates and charges for similar
13 services provided by privately owned entities.
14 (2) A county shall have a lien for delinquent
15 stormwater utility rates and charges including interest
16 on the delinquent amount against any property against
17 which the utility rates and charges were imposed. A
18 county shall have no preference in any lien under this
19 subsection over the rights of any purchases, mortgagee,
20 judgment creditor, or any lien holder arising before the
21 notice of filing of the lien in the office of the
22 recorder of the county in which the real estate is
23 located. This notice shall consist of a statement sworn
24 to by an authorized officer or employee of the county
25 including:
26 (A) A description of the real estate
27 sufficient for the identification including the
28 tax identification number, if any.
29 (B) The amount of money due.
30 (C) The date when the amount became
31 delinquent.
32 The county may enforce a lien for stormwater utility
33 rates and charges in the same manner and with the same effect
34 as the enforcement of a lien for utility charges or real
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1 estate taxes.
2 (p) Upon adoption of the plan, the committee may, after
3 10 days written notice to the owner or occupant, enter upon
4 any lands or waters within the county for the purpose of
5 inspecting stormwater management systems or causing the
6 removal of any obstruction to an affected watercourse. If an
7 obstruction of the watercourse has the potential to cause
8 imminent property damages to someone other than the property
9 owner, the committee may, after efforts to contact the
10 property owner, enter upon any lands or waters within the
11 county for the purpose of removing the obstruction. The
12 committee shall be responsible for any damages occasioned
13 thereby.
14 (q) The provisions of this Section are severable under
15 Section 1.31 of the Statue on Statutes.