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90_SB1365
55 ILCS 5/5-1062.2 new
Establishes the 7-member Southwestern Stormwater
Management Committee to administer funding and promote
cooperation in stormwater management in the Counties of
Madison, Monroe, and St. Clair through intergovernmental
agreements. Provides that each county board chairperson
shall appoint 2 members to the Committee and the Governor
shall appoint one member. Authorizes these counties to
regulate and enforce management of urban stormwater runoff.
Effective immediately.
LRB9011315PTsb
LRB9011315PTsb
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 Section
6 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
12 management in the southwestern Illinois counties of Madison,
13 Monroe, and 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 counties to regulate and enforce
26 management of urban stormwater runoff.
27 (2) Create the Southwestern Illinois Stormwater
28 Management Committee to administer funding and promote
29 cooperation in stormwater management in southwestern
30 Illinois.
31 (b) For the purposes of this Section:
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1 "Committee" means the Southwestern Illinois Stormwater
2 Management Committee.
3 "County" means Madison, Monroe, or St. Clair County.
4 "County Board" means the county board or county
5 commission of a respective county.
6 "Impervious area" means without limitation that area of
7 property that is covered by materials other than soil and
8 vegetation and that has no intended capacity to absorb
9 stormwater, such as parking lots, driveways, sidewalks,
10 patios, tennis courts, roofs, and other structures.
11 "Stormwater management" means any activity related to the
12 regulation of the flow of water from impervious areas. It
13 includes, but is not limited to, planning, education,
14 monitoring, inspection, and enforcement of ordinances.
15 "Stormwater management facility" means any facility,
16 improvement, development, project, property, or any interest
17 in any of these items that is constructed or acquired to
18 control, treat, or protect life or property from storm,
19 flood, or surplus waters. Stormwater management facility
20 includes, but is not limited to, the following:
21 (i) levees, spoil banks, revetments, and
22 bulkheads;
23 (ii) the removal of obstructions, including,
24 but not limited to, bars, logs, and debris from
25 water courses;
26 (iii) the acquisition of real or personal
27 property, rights, or interests to provide for the
28 free, natural flow, detention, or retention of flood
29 or stormwater;
30 (iv) storm sewers, retention ponds, dams,
31 impounding basins, wetlands, and dikes;
32 (v) the construction, operation, and
33 maintenance of any other works or structures, and
34 the improvement necessary for the control,
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1 treatment, or protection of life or property from
2 storm, flood, or surplus waters;
3 (vi) the provision of related public
4 information and the condemnation of land and other
5 property rights and interests, the damage of land
6 and other property rights and interests for
7 stormwater management purposes related to these
8 items after just compensation has been made or paid
9 into court for the owner in the manner prescribed by
10 Article VII of the Code of Civil Procedure.
11 "Stormwater runoff" means waters derived from rain,
12 melting snow, or other precipitation that exceed the capacity
13 of the soil, and rainfall not absorbed or detained by soil
14 nor lost by evaporation.
15 "Urban stormwater runoff" means stormwater runoff from
16 impervious areas and associated parks, lawns, recreational
17 areas, or other land uses commonly associated with urban
18 development.
19 (c) The county board may prescribe by ordinance
20 reasonable rules, regulations, and standards for stormwater
21 and floodplain management and for governing the location,
22 width, course, and release rate of stormwater runoff
23 channels, streams, lakes, and basins in the unincorporated
24 portions of the county for the purpose of mitigating the
25 effects of urban stormwater runoff.
26 (d) The counties shall not enforce any rules or
27 regulations that would interfere with the ability of any
28 drainage district or farm to operate, maintain, and improve
29 its system for the purpose of production of an agricultural
30 commodity crop. Municipalities shall retain all authority for
31 land use control as provided by law and this Section does not
32 limit those powers. The counties may not require any unit of
33 government to expend funds for the purpose of stormwater
34 management.
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1 (e) The county board or commission is authorized to
2 participate in the installation of stormwater management
3 facilities.
4 (f) The Southwestern Illinois Stormwater Management
5 Committee is established by this Section to administer
6 funding and promote cooperation in stormwater management in
7 the southwestern Illinois counties of Madison, Monroe, and
8 St. Clair through intergovernmental agreements.
9 (g) The Southwestern Illinois Stormwater Management
10 Committee shall consist of 7 appointed members. Each county
11 board chairperson, with the advice and consent of the county
12 board, shall appoint 2 members to the committee, and the
13 Governor shall appoint one member to the committee. Vacancies
14 on the committee shall be filled in the same manner as the
15 original appointments. Members shall serve 3-year terms,
16 except that by lottery, the initial committee shall establish
17 initial terms providing that 2 members shall serve one year;
18 2 members shall serve 2 years; and 3 members shall serve 3
19 years to assure that only a portion of the committee is
20 replaced in a given year.
21 (1) The committee shall select a chairperson and
22 various other officers as needed and shall adopt by-laws.
23 The committee members shall not receive compensation for
24 their work.
25 (2) The committee may request, receive, and
26 distribute federal, State, and local grants for
27 stormwater management in the counties.
28 (3) The county boards may authorize county
29 employees to provide assistance to the committee.
30 (h) The provisions of this Section are severable under
31 Section 1.31 of the Statute on Statutes.
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.