Public Act 103-0334
Public Act 0334 103RD GENERAL ASSEMBLY
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Public Act 103-0334
| | HB3133 Enrolled | LRB103 29853 AWJ 56262 b |
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| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Metropolitan Water Reclamation District Act | is amended by changing Section 7a as follows:
| (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
| Sec. 7a. Discharge into sewers of a sanitary district.
| (a) The terms used
in this Section are defined as follows:
| "Board of Commissioners" means the Board of Commissioners | of the
sanitary district.
| "Sewage" means water-carried human wastes or a combination | of
water-carried wastes from residences, buildings, | businesses, industrial
establishments, institutions, or other | places together with any ground,
surface,
storm, or other | water that may be present.
| "Industrial Wastes" means all solids, liquids, or gaseous | wastes
resulting from any commercial, industrial, | manufacturing, agricultural, trade,
or
business operation or | process, or from the development, recovery, or processing
of | natural resources.
| "Other Wastes" means decayed wood, sawdust, shavings, | bark, lime,
refuse, ashes, garbage, offal, oil, tar, | chemicals, and all other substances
except
sewage and |
| industrial wastes.
| "Person" means any individual, firm, association, joint | venture,
sole proprietorship, company, partnership, estate | copartnership, corporation,
joint stock company, trust, school | district,
unit of local government, or private corporation | organized or existing under
the laws of this or any other state | or country.
| "Executive Director" means the executive director of the
| sanitary district.
| (b) It shall be unlawful for any person to discharge | sewage, industrial
waste, or other wastes into the sewerage | system of a sanitary district or into
any sewer connected | therewith, except upon the terms and conditions that the
| sanitary district might reasonably impose by way of ordinance, | permit, or
otherwise.
| Any sanitary district, in addition to all other powers | vested in it and in
the interest of public health and safety, | or as authorized by subsections (b)
and (c) of Section 46 of | the Environmental Protection Act, is hereby empowered
to pass | all ordinances, rules, or regulations necessary to implement | this
Section, including but not limited to, the imposition of | charges based on
factors that influence the cost of treatment, | including strength and volume,
and including the right of | access during reasonable hours to the premises of a
person for | enforcement of adopted ordinances, rules, or regulations.
| (c) Whenever the sanitary district acting through the |
| executive director
determines that sewage, industrial wastes, | or other wastes are being discharged
into the sewerage system | and when, in the opinion of the executive director
the | discharge is in violation of an ordinance, rules, or | regulations adopted by
the Board of Commissioners under this | Section governing industrial wastes or
other wastes, the | executive director shall order the offending party to cease | and desist. The order
shall be served on the offending party by | U.S. first-class mail, U.S. certified mail, or personally, or | by email as provided in subsection (m)
on the owner, officer, | registered agent, or individual designated by permit.
| In the event the offending party fails or refuses to | discontinue the
discharge within 90 days after service | notification of the cease and desist order, the executive | director
may order the offending party to show
cause before | the Board of Commissioners of the sanitary district why the
| discharge should not be discontinued. A notice shall be served | on the
offending party directing him, her, or it the offending | party to show cause before the Board of
Commissioners why an | order should not be entered directing the discontinuance
of | the discharge. The notice shall specify the time and place | where a hearing
will be held
and shall be served on the | offending party by U.S. first-class mail, U.S. certified mail, | personally, or by email as provided in subsection (m), by | registered or certified mail at least 10
days before the | hearing; and in the case of a unit of local government or a
|
| corporation the service shall be upon an officer or agent | thereof. After
reviewing the evidence, the Board of | Commissioners may issue an order to the
party responsible for | the discharge, directing that within a specified period
of
| time the
discharge be discontinued. The Board of Commissioners | may also order the party
responsible for the discharge to pay a | civil penalty in an amount specified
by the Board of | Commissioners that is not less than $1,000 nor more than | $2,000
per day for each day of discharge of effluent in | violation of this Act as
provided in subsection (d). The Board | of Commissioners may also order the
party responsible for the | violation to pay court reporter costs and hearing
officer fees | in a total amount not exceeding $3,000.
| (d) The Board of Commissioners shall establish procedures | for assessing
civil penalties and issuing orders under | subsection (c) as follows:
| (1) In making its orders and determinations, the Board | of Commissioners
shall take into consideration all the | facts and circumstances bearing on the
activities involved | and the assessment of civil penalties as shown by the
| record produced at the hearing.
| (2) The Board of Commissioners shall establish a panel | of independent
hearing officers to conduct all hearings on | the assessment of civil penalties
and issuance of orders | under subsection (c). The hearing officers shall be
| attorneys licensed to practice law in this State.
|
| (3) The Board of Commissioners shall promulgate | procedural rules governing
the proceedings, the assessment | of civil penalties, and the issuance of orders.
| (4) All hearings shall be on the record, and testimony | taken must be under
oath and recorded stenographically. | Transcripts so recorded must be made
available to any | member of the public or any party to the hearing upon | payment
of the usual charges for transcripts. At the | hearing, the hearing officer may
issue, in the name of the | Board of Commissioners, notices of hearing requesting
the | attendance and testimony of witnesses and the production | of evidence
relevant to any matter involved in the hearing | and may examine witnesses.
| (5) The hearing officer shall conduct a full and | impartial hearing on the
record, with an opportunity for | the presentation
of evidence and cross-examination of the | witnesses. The hearing officer shall
issue findings of | fact, conclusions of law, a recommended civil penalty, and | an
order based solely on the record. The hearing officer | may also recommend, as
part of the order, that the | discharge of industrial waste be discontinued
within a | specified time.
| (6) The findings of fact, conclusions of law, | recommended civil penalty,
and
order shall be transmitted | to the Board of Commissioners along with
a complete record | of the hearing.
|
| (7) The Board of Commissioners shall either approve or | disapprove the
findings
of fact, conclusions of law, | recommended civil penalty, and order. If the
findings of | fact, conclusions of law, recommended civil penalty, or | order are
rejected,
the Board of Commissioners shall | remand the matter to the hearing officer for
further | proceedings. If the order is accepted by the Board of | Commissioners, it
shall constitute the final order of the | Board of Commissioners.
| (8) (Blank).
| (9) The civil penalty specified by the Board of | Commissioners shall be
paid
within 35 days after the party | on whom it is imposed receives a written copy
of the order | of the Board of Commissioners, unless the person or | persons to
whom the order is issued seeks judicial review.
| (10) If the respondent seeks judicial review of the | order assessing civil
penalties, the respondent shall, | within 35 days after the date of the final
order, pay the | amount of the civil penalties into an escrow account | maintained
by the district for that purpose or file a bond | guaranteeing payment of the
civil
penalties if the civil | penalties are upheld on review.
| (11) Civil penalties not paid by the times specified | above shall be
delinquent
and subject to a lien recorded | against the property of the person ordered to
pay the | penalty.
The foregoing provisions for asserting liens |
| against real estate by the
sanitary
district shall be in | addition to and not in derogation of any other remedy or
| right of
recovery, in law or equity, that the sanitary | district may have with respect
to the collection
or | recovery of penalties and charges imposed by the sanitary | district.
Judgment in a civil action brought by the | sanitary district to recover or
collect the charges shall | not operate as a release and waiver of the lien upon
the | real estate for the amount of the judgment. Only | satisfaction of the
judgment or the filing of a release or | satisfaction of lien shall release the
lien.
| (e) The executive director may order a person to cease the | discharge of
industrial waste upon a finding by the executive | director that the final
order of the Board of Commissioners | entered after a hearing to show cause has
been violated. The | executive director shall serve the person with a copy
of his or | her order shall be served on the offending party either by U.S. | first-class mail, U.S. certified mail, or personally, or by | email as provided in subsection (m) serving
the owner, | officer, registered agent, or individual designated by permit.
| The order of the executive director shall also
schedule an | expedited hearing before a hearing officer designated by
the | Board of Commissioners
for the purpose of determining whether | the company has violated the final order
of the Board of | Commissioners. The Board of Commissioners shall adopt rules of
| procedure governing expedited hearings. In no event shall the |
| hearing be
conducted less than 7 days after service receipt by | the person of the executive director's order on the offending | party.
| At the conclusion of the expedited hearing, the hearing | officer shall prepare
a report with his or her findings and | recommendations and transmit it to the
Board of
Commissioners. | If the Board of Commissioners, after reviewing the findings | and
recommendations, and the record produced at the hearings, | determines that the
person has violated the Board of | Commissioner's final order, the Board of
Commissioners may | authorize the plugging
of the sewer. The executive director | shall give not less than 10 days
written notice of the Board of | Commissioner's order to the owner,
officer, registered agent, | or individual designated by permit, as well as the
owner of | record of the real estate and other parties known to be | affected, that
the
sewer will be plugged.
| The foregoing provision for plugging a sewer shall be in | addition to and not
in derogation of any other remedy, in law | or in equity, that the district may
have
to prevent violation | of its ordinances and orders of its Board of
Commissioners.
| (f) A violation of the final order of the Board of | Commissioners shall be
considered a nuisance. If any person | discharges sewage, industrial wastes, or
other wastes into any | waters contrary to the final order of the Board of
| Commissioners, the sanitary district acting through the | executive director
has the power to commence an action or |
| proceeding in the circuit court in and
for the county in which | the sanitary district is located for the purpose of
having the | discharge stopped either by mandamus or injunction, or to | remedy the
violation in any manner provided for in this | Section.
| The court shall specify a time, not exceeding 20 days | after the service of
the copy of the complaint, in which the | party complained of must plead to the
complaint, and in the | meantime, the party may be restrained. In case of
default or | after pleading, the court shall immediately inquire into the | facts
and circumstances of the case and enter an appropriate | judgment in respect to
the matters complained of. Appeals may | be taken as in other civil cases.
| (g) The sanitary district, acting through the executive | director, has
the
power to commence an action or proceeding | for mandamus or injunction in the
circuit court ordering a | person to cease its discharge, when, in the opinion of
the | executive director, the person's discharge presents an | imminent danger
to the public health, welfare, or safety, | presents or may present an
endangerment to the environment, or | threatens to interfere with the
operation of the sewerage | system or a water reclamation plant under the
jurisdiction of | the sanitary district. The initiation of a show cause hearing
| is not a prerequisite to the commencement by the sanitary | district of an action
or proceeding for mandamus or injunction | in the circuit court. The court shall
specify a time, not |
| exceeding 20 days after the service of a copy of the
petition, | in which the party complained of must answer the petition, and | in the
meantime, the party may be restrained. In case of | default in answer or after
answer, the court shall immediately | inquire into the facts and circumstances of
the case and enter | an appropriate judgment order in respect to the matters
| complained of. An appeal may be taken from the final judgment | in the same
manner and with the same effect as appeals are | taken from judgment of the
circuit court in other actions for | mandamus or injunction.
| (h) Whenever the sanitary district commences an action | under subsection (f)
of this Section, the court shall assess a | civil penalty of not less than
$1,000 nor more than $10,000 for | each day the person violates a Board order.
Whenever the | sanitary district commences an action under subsection (g) of | this
Section, the court shall assess a civil penalty of not | less than $1,000 nor
more than $10,000 for
each day the person | violates the ordinance. Each
day's continuance
of the | violation is a separate offense. The penalties provided in | this Section
plus interest at the rate set forth in the | Interest Act on unpaid penalties,
costs, and fees, imposed by | the Board of Commissioners under subsection (d),
the | reasonable costs to the sanitary district of removal or other | remedial
action caused by discharges in violation of this Act, | reasonable attorney's
fees, court costs, and other expenses of | litigation together with costs for
inspection, sampling, |
| analysis, and administration related to the enforcement
action | against the offending party are recoverable by the sanitary | district in
a civil action.
| (i) The Board of Commissioners may establish fees for late | filing of reports
with the sanitary district required by an | ordinance governing discharges. The
sanitary district
shall | provide by certified mail a written notice of the fee | assessment, by U.S. first-class mail, U.S. certified mail, | personally, or by email as provided in subsection (m), that
| states the person has 30 days after being served with the | receipt of the notice to request a
conference with the | executive director's designee to discuss or dispute
the | appropriateness of the assessed fee. Unless a person objects | to paying the
fee for filing a report late by timely requesting | in writing a conference with
a designee of the executive | director, that person waives his or her right
to a conference | and the sanitary district may impose a lien recorded against
| the property of
the
person for the amount of the unpaid fee.
| If a person requests a conference and the matter is not | resolved at the
conference, the person subject to the fee may | request an administrative hearing
before an impartial hearing | officer appointed under subsection (d) to
determine the | person's liability for and the amount of the fee.
| If the hearing officer finds that the late filing fees are | owed to the
sanitary district, the sanitary district shall | notify the responsible person or
persons of the hearing |
| officer's decision. If payment is not made within 30
days | after the notice, the sanitary district may impose a lien on | the property
of the person or persons.
| Any liens filed under this subsection shall apply only to | the property to
which the late filing fees are related. A claim | for lien shall be filed in the
office of the recorder of the | county in which the property is located. The
filing of a claim | for lien by the district does not prevent the sanitary
| district from pursuing other means for collecting late filing | fees. If a claim
for lien is filed, the sanitary district shall | notify the person whose property
is subject to the lien, and | the person may challenge the lien by filing an
action in the | circuit court. The action shall be filed within
90 days after | the person receives the notice of the filing of the claim for
| lien. The court shall hear evidence concerning the underlying | reasons for the
lien only if an administrative hearing has not | been held under this subsection.
| (j) If the provisions of any paragraph of this Section are | declared
unconstitutional or invalid by the final decision of | any court of competent
jurisdiction, the provisions of the | remaining paragraphs continue in effect.
| (k) Nothing in this Section eliminates any of the powers | now granted to
municipalities having a population of 500,000 | or more as to design, preparation
of plans, and construction, | maintenance, and operation of sewers and sewerage
systems, or | for the control and elimination or prevention of the pollution |
| of
their waters or waterways, in the Illinois Municipal Code | or any other Act of
the State of Illinois.
| (l) The provisions of the Administrative Review Law and | all amendments and
rules adopted pursuant to that Law apply to | and govern all proceedings for
the judicial review of final | administrative decisions of the Board of
Commissioners in the | enforcement of any ordinance, rule, or regulation adopted
| under this Act. | (m) Solely in relation to the discharge of sewage, | industrial wastes, or other wastes subject to one of the | sanitary district's ordinances, the sanitary district may | implement an electronic reporting system that will allow | notices, orders, and other documents to be sent directly by | email to persons or entities registered with the sanitary | district, and, in the discretion of the sanitary district, to | allow those persons or entities registered with the sanitary | district to view, modify, or submit documents using the | electronic reporting system. Wherever this Section provides | for service of documents by the sanitary district by U.S. | first-class mail, U.S. certified mail, or personal service, | the sanitary district may serve by email the documents upon | the registered persons or entities in lieu of service by U.S. | first-class mail, U.S. certified mail, or personal service. | Enrollment in the electronic reporting system in this | subsection is voluntary and limited to nonresidential | facilities or uses. Service by email under this Section is |
| only permitted on those persons or entities that voluntarily | enroll in the system. The sanitary district shall adopt rules, | as approved by ordinance, to ensure service of process by | email is properly effectuated upon the registered persons and | entities.
| (Source: P.A. 96-328, eff. 8-11-09; 97-298, eff. 8-11-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/28/2023
|
