Bill Amendment: IL HB0477 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0477 Detail]

Download: Illinois-2023-HB0477-House_Amendment_001.html

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Rep. Elizabeth "Lisa" Hernandez

Filed: 4/15/2024

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AMENDMENT TO HOUSE BILL 477
AMENDMENT NO. ______. Amend House Bill 477 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the West
Cook Flood Prevention District Act.
Section 5. District established. A flood prevention
district is formed to be known as the West Cook Flood
Prevention District created for the purpose of managing the
water that flows into the Town of Cicero sewer system,
including the interceptor sewer.
Section 10. Territory of district. The district is
composed of corporate limits of the Town of Cicero as well as
the portions of the City of Berwyn, the Village of Oak Park,
and the City of Chicago from which sewage or stormwater is
discharged into the Cicero sewerage system or any sewer

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connected therewith. Within 90 days after the effective date
of this Act, the board shall meet and create a legal
description of the boundaries of the district.
Section 15. Appointment of trustees; terms. The board of
trustees of the West Cook Flood Prevention District consists
of the following trustees: four of the trustees shall be
residents of the Town of Cicero, one shall be a resident of the
City of Berwyn, one shall be a resident of the Village of Oak
Park, and one shall be a resident of the City of Chicago. The
appointment of the trustees shall be made by the president or
mayor of each municipality in which the trustee resides with
the advice and consent of the respective municipal board or
council.
In the first appointments to the board of trustees, the
appointing authority appointing 4 trustees shall designate 2
appointees to serve for a term of 3 years and 2 appointees to
serve for a term of 5 years, and the appointing authorities
appointing one trustee each shall designate their appointees
to serve for a term of 2 years.
Thereafter, trustees shall be appointed by the appropriate
appointing authority for a term of 4 years. A vacancy on the
board of trustees shall be filled by appointment by the
appropriate appointing authority for the remainder of the
unexpired term.
Each trustee's term shall begin on May 15 of the year in

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which the trustee was appointed, except for the initial
appointments made under this Act. Within 30 days after the
effective date of this Act, as provided in this Section, each
appointing authority shall appoint the initial trustees, whose
terms begin 60 days after the effective date of this Act.
Each of the trustees, upon entering the duties of their
respective offices, shall execute a bond with security, in the
amount and form to be approved by the board of trustees,
payable to the district, in the penal sum of not less than
$10,000, as directed by resolution or ordinance, conditioned
upon the faithful performance of the duties of the office.
Each bond shall be filed with and preserved by the board
secretary.
When a vacancy exists in the office of trustees of the
district, the vacancy shall be filled by appointment of an
individual of the same municipality as that of the trustee who
vacated the seat by the same appointing authority as the
trustee who vacated the seat, with the advice and consent of
the district board of trustees, and the appointment shall be
for the remainder of the term.
A majority of the board of trustees constitutes a quorum.
A trustee or employee of the district may not be directly or
indirectly interested: in a contract, work, or business of the
district or the sale of any article, the expense, price, or
consideration that is paid by the district; or in the purchase
of a real estate or other property belonging to the district or

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that shall be sold for taxes or assessments or by virtue of
legal process at the suit of the district. The trustees may
provide and adopt a corporate seal for the district.
Section 20. Board of trustees; powers; compensation. The
board of trustees shall exercise all the powers and manage and
control all the affairs and property of the district. The
board shall elect by popular vote a president and
vice-president from among their own number. In case of the
death, resignation, absence from the State, or other
disability of the president, the powers, duties, and
emoluments of the office of the president shall devolve upon
the vice-president until the disability is removed or until a
successor to the president is appointed and chosen in the
manner provided in this Act. The board may select a secretary,
treasurer, and attorney and may provide by ordinance for the
employment of other employees as the board deems necessary for
the district.
The board may appoint such other officers and hire such
employees to manage and control the operations of the district
as it deems necessary; except that the board may not employ an
individual as a wastewater operator whose certificate of
technical competency is suspended or revoked under rules
adopted by the Pollution Control Board under item (4) of
subsection (a) of Section 13 of the Environmental Protection
Act. All employees selected by the board shall hold their

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respective offices during the pleasure of the board and give a
bond as may be required by the board. The board may prescribe
the duties and fix the compensation of all the officers and
employees of the district. However, the president of the board
may not receive more than $18,000 per year, and each other
member of the board may not receive more than $15,000 per year.
The board of trustees may pass all necessary ordinances,
rules, and regulations for the proper management and conduct
of the business of the board and of the district and for
carrying into effect the objects for which the district was
formed. The ordinances may provide for a fine for each offense
of not less than $100 or more than $1,000. Each day's
continuance of a violation shall be a separate offense. Fines
under this Section are recoverable by the district in a civil
action. The district may apply to the circuit court for
injunctive relief or mandamus when, in the opinion of the
board of trustees, the relief is necessary to protect the
sewerage system of the district.
Section 25. Ordinance enactment and rulemaking procedures.
(a) No ordinance or rule imposing a penalty, or assessing
a charge under Section 80, shall take effect until the board of
trustees has complied with the requirements of this Section.
As used in this Section, "rule" means a rule, regulation,
order, or resolution.
(1) Not less than 30 days before the effective date of

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a proposed ordinance or rule imposing a penalty or
assessing a charge under Section 80, the board of trustees
shall publish a general notice of the proposed ordinance
or rule imposing a penalty or assessing a charge under
Section 80 in a newspaper of general circulation in the
district or, if no such newspaper exists, shall post
copies of the notice in 3 public places in the district
unless persons subject to the proposed ordinance or rule
are named and either personally served or otherwise have
actual notice in accordance with the law. The notice shall
include the following:
(A) A statement of the time, place, and nature of
public proceedings to consider or adopt the proposed
ordinance or rule.
(B) Reference to the legal authority under which
the ordinance or rule is proposed.
(C) Either the terms or substance of the proposed
ordinance or rule or a description of the subjects and
issues involved.
(2) After publication or service of the notice of the
proposed ordinance or rule imposing a penalty or assessing
a charge under Section 80, the board of trustees shall
give interested persons a meaningful opportunity to
participate in the process through submission of written
data, views, or arguments with or without the opportunity
for oral presentation. After consideration of the relevant

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matter presented, the board of trustees shall incorporate
in the adopted ordinance or rule a concise general
statement of its basis and purpose and in an accompanying
explanatory notice shall specifically address each comment
received by the board.
(3) The board of trustees shall make the required
publication or service of notice of a final ordinance or
rule imposing a penalty or assessing a charge under
Section 80 not less than 30 days before its effective
date.
(b) Except as otherwise provided in this Section, no other
ordinance or rule shall take effect until 10 days after it is
published. However, notwithstanding the provisions of this
Section, any ordinance or rule that contains a statement of
its urgency in the preamble or body thereof, may take effect
immediately upon its passage if the board of trustees, by a
vote of two-thirds of all the members then holding office, so
direct. The decision of the board of trustees as to the urgency
of any ordinance is not subject to judicial review except for
an abuse of discretion.
(c) Except as otherwise provided in this Section, all
ordinances, rules, or resolutions shall be (i) printed or
published in book or pamphlet form, published by authority of
the board of trustees, or (ii) published at least once, within
30 days after passage, in one or more newspapers published in
the district, or, if no newspaper is published therein, then

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in one or more newspapers with a general circulation within
the district. Publication shall be satisfied by either item
(i) or (ii) notwithstanding any other provision in this Act.
If there is an error in printing, the publishing requirement
of this Act is satisfied if those portions of the ordinance or
rule that were erroneously printed are republished, correctly,
within 30 days after the original publication that contained
the error. The fact that an error occurred in publication does
not affect the effective date of the ordinance or rule so
published. If the error in printing is not corrected within 30
days after the date of the original publication that contained
the error, as provided in this paragraph, the board of
trustees may, by ordinance, declare the ordinance or rule that
was erroneously published to be nevertheless valid and in
effect no sooner than 10 days after the date of the original
publication, notwithstanding the error in publication, and
shall order the original ordinance or rule to be published
once more within 30 days after the passage of the validating
ordinance.
(d) The board of trustees shall give an interested person
the right to petition for the issuance, amendment, or repeal
of an ordinance or a rule.
Section 30. Certification of ordinances, orders, and
resolutions; judicial notice. All ordinances, orders, and
resolutions, and the date of publication thereof, may be

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proven by the certificate of the clerk, under the seal of the
district, and, when printed in book or pamphlet form and
purporting to be published by the board of trustees, such book
or pamphlet shall be received as evidence of the passage and
legal publication of such ordinances, orders, and resolutions
as of the dates mentioned in such book or pamphlet in all
courts and places without further proof.
Section 35. Fines and criminal offenses for ordinance or
resolution violations. Actions to impose a fine or
imprisonment for violation of a district ordinance or
resolution adopted under authority of this Act shall be
brought in the corporate name of the district as plaintiff.
Such actions shall commence with a complaint or a warrant. A
warrant may be issued upon execution of an affidavit by any
person alleging that he has reasonable grounds to believe that
the person to be named in the warrant has violated a district
ordinance or resolution. A person arrested upon such a warrant
shall be taken without unnecessary delay before the proper
officer for trial.
Fines for the violation of district ordinances or
resolutions shall be established by ordinance or resolution
and, when collected, shall be paid into the district treasury
at such times and in a manner prescribed by ordinance or
resolution.
A person who is fined for violation of a district

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ordinance or resolution may be committed to the county jail or
to any place provided by ordinance or resolution for the
incarceration of offenders until the fine and costs are paid.
No incarceration, however, shall exceed 6 months for any one
offense.
The committed person shall be allowed, exclusive of the
person's board, a credit of $5 toward the fine and costs for
each day of confinement. The district may make agreements with
a county or municipality for holding such persons in a
facility operated by them for the incarceration of violators
of ordinances or resolutions.
Section 40. Powers of the board of trustees. The board of
trustees of the district may provide for the efficient
drainage of storm and sewer waters within the district and
save and preserve the water supplied to the inhabitants of the
district from contamination. For that purpose, the board may
construct and maintain an enclosed conduit or conduits, main
pipes, wholly or partially submerged, buried or otherwise, and
by means of pumps or otherwise cause such sewage or stormwater
to flow or to be forced through such conduit or conduits, pipe
or pipes to and into any ditch or canal constructed and
operated by any other district, after having first acquired
the right so to do. Such board may provide for the drainage of
the district by laying out, establishing, constructing, and
maintaining one or more channels, drains, ditches, and outlets

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for carrying off and disposing of the drainage, including the
sewage, of the district, together with such adjuncts and
additions thereto as may be necessary or proper to cause such
channels or outlets to accomplish the end for which they are
designed, in a satisfactory manner, including pumps and
pumping stations and the operation of the same. Such board may
provide suitable and modernly equipped sewage treatment works
or plants for the separation and treatment of all solids and
deleterious matter from the liquids, shall treat and purify
the residue of such sewage so that when it flows into any lake,
and may not injuriously contaminate the waters thereof. The
board may adopt any feasible method to accomplish the object
for which the district was created and may also provide means
whereby the district may reach and procure supplies of water
for diluting and flushing purposes. The board of trustees of
the district may also enter into an agreement to sell, convey,
or disburse treated wastewater to any public or private entity
located within or outside the boundaries of the district. Any
use of treated wastewater by a public or private entity is
subject to the orders of the Pollution Control Board. The
agreement may not exceed 20 years.
Nothing in this Section may be construed to empower,
authorize, or require such board of trustees to operate a
system of water works for the purpose of furnishing or
delivering water to any such municipality or to the
inhabitants of the municipality without payment for the water

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at such rates as the board may determine. Nothing in this Act
shall require a district to extend service to any individual
residence or other building within the district, and it is the
intent of the General Assembly that any construction or
funding contemplated by this Section shall be restricted to
construction or funding of works and main or interceptor
sewers, conduits, channels, and similar facilities, but not
individual service lines. Nothing in this Act authorizes the
trustees to flow the stormwater or sewage of the district into
Lake Michigan. Any such plan for sewage disposal by the
district is prohibited unless such sewage has been treated and
purified as provided in this Section, all laws of the federal
government relating to the pollution of navigable waters have
been complied with, and the approval of plans and
constructions of outlets and connection with any of the
streams or navigable bodies of water within or bordering upon
the State has been obtained from the Department of Natural
Resources. The discharge of any sewage from the district into
any of the streams or navigable bodies of water within or
bordering upon the State is subject to the orders of the
Pollution Control Board. Nothing in this Act may be construed
as superseding or in any manner limiting the provisions of the
Environmental Protection Act.
After the construction of such a sewage disposal plant, if
the board finds that it will promote the prevention of
pollution of waters of the State, such board of trustees may

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adopt ordinances or rules and regulations prohibiting or
regulating the discharge to sewers of inadmissible wastes or
substances toxic to biological wastewater treatment processes.
Inadmissible wastes include those that create a fire or
explosion hazard in the sewer or treatment works; those that
will impair the hydraulic capacity of sewer systems; and those
that, in any quantity, create a hazard to people, sewer
systems, treatment processes, or receiving waters. Substances
that may be toxic to wastewater treatment processes include
copper, chromium, lead, zinc, arsenic, nickel, barium,
cadmium, mercury, selenium, silver, and any poisonous
compounds, such as cyanide or radioactive wastes that pass
through wastewater treatment plants in hazardous
concentrations and menace users of the receiving waters. Such
ordinances or rules and regulations shall be effective
throughout the district in both the incorporated areas as well
as the unincorporated areas and all public sewers therein.
Section 45. Additional powers of the board of trustees.
(a) In addition to the powers and authority under this
Act, the board of trustees of the district may, by majority
vote:
(1) To use the general funds of the district to
defend, indemnify, and hold harmless, in whole or in part,
the board of trustees, members of the board of trustees,
and officials and employees of the district from financial

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loss and expenses, including court costs, investigation
costs, actuarial studies, attorney's fees, and actual and
punitive damages arising out of any civil proceedings,
including, but not limited to, proceedings alleging
antitrust violations or the deprivation of civil or
constitutional rights, claims, demands, or judgments
instituted, made, or entered against such board, trustee,
official, or employee by reason of its or the person's
wrongful or negligent statements, acts, or omissions if
such statements, acts, or omissions: (i) occur while the
board, trustee, official, or employee is acting in the
discharge of its or the person's duties and within the
scope of employment; and (ii) do not constitute willful
and wanton misconduct.
(2) To obtain and provide for any or all the matters
and purposes described in paragraph (1) for public
officials' liability, comprehensive general liability, and
such other forms of insurance coverage as the board of
trustees shall determine necessary or advisable and any
insurance so obtained and provided must be carried in a
company or companies licensed to write such coverage in
this State.
(3) To establish and provide for any or all the
matters and purposes described in paragraph (1) a program
of self-insurance and, in furtherance thereof, to
establish and accumulate reserves for the payment of

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financial loss and expenses, including court costs,
investigation costs, actuarial studies, attorney's fees,
and actual and punitive damages associated with
liabilities arising out of civil proceedings, claims,
demands, or judgments instituted, made, or entered as set
forth in paragraph (1).
(4) In connection with providing for any or all the
matters and purposes described in paragraph (1) and when
permitted by law to enter into an agreement with any
special district, unit of government, person, or
corporation for the use of property or the performance of
any function, service, or act, to agree to the sharing or
allocation of liabilities and damages resulting from such
use of property or performance of function, service or
act, in which event such agreement may provide for
contribution or indemnification by any or all the parties
to the agreement upon any liability arising out of the
performance of the agreement.
(b) If the board of trustees of the district undertakes to
provide insurance or to establish a program of self-insurance
and to establish and accumulate reserves for any or all the
matters and purposes described in paragraph (1) of subsection
(a), such reserves shall be established and accumulated for
such matters and purposes subject to the following conditions:
(1) the amount of such reserves may not exceed the
amount necessary and proper, based on experience or

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independent actuarial determinations;
(2) all earnings derived from such reserves shall be
considered part of the reserves and may be used only for
the same matters and purposes for which the reserves may
be used;
(3) reserves may be used only: for the purposes of
making payments for financial loss and expenses, including
actual and punitive damages, attorney's fees, court costs,
investigation costs, and actuarial studies associated with
liabilities arising out of civil proceedings, claims,
demands, or judgments instituted, made, or entered under
paragraph (1) of subsection (a) in connection with the
statements, acts, or omissions of the board or of a
trustee, official, or employee of the board or the
district of which the statements, acts, or omissions occur
while the board, trustee, official, or employee is acting
in the discharge of the board's or person's duties and
within the scope of employment and of which the
statements, acts, or omissions do not constitute willful
and wanton misconduct; for payment of insurance premiums;
and for the purposes of making payments for losses
resulting from any insured peril;
(4) all funds collected for the matters and purposes
specified in paragraph (3) or earmarked for such matters
and purposes must be placed in the reserves; and
(5) whenever the reserves have a balance in excess of

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what is necessary and proper, then contributions, charges,
assessments, or other forms of funding for the reserves
shall be appropriately decreased.
Section 50. Town of Cicero sewer system. In providing for
works and maintenance for the collection of water into the
Town of Cicero sewer system or systems owned or operated by the
district, the district may apportion and collect therefore,
from the municipal producer thereof, fair construction,
maintenance, and operating costs on an annual basis, and, if a
dispute arises as to the fairness of such additional
construction, maintenance, and operating costs, then the same
shall be determined by an arbitration board of 3 engineers,
one appointed by the district, one appointed by such producer
or producers or their legal representatives, and the third to
be appointed by the 2 engineers selected as above described.
If the 2 engineers so selected fail to agree upon a third
engineer, then, upon the petition of either of the parties,
the circuit judge shall appoint such third engineer. A
decision of a majority of the arbitration board shall be
binding on both parties and the cost of the services of the
arbitration board shall be shared by both parties equally.
Such decision is an administrative decision and is subject to
judicial review as provided in the Administrative Review Law.
Section 55. Municipal sewer systems. Where any sewer

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system under the jurisdiction of a municipality is tributary
to the district's sewer system, and the board of trustees of
the district finds that it will conduce to the public health,
comfort, or convenience, the board may regulate, limit,
extend, deny, or otherwise control any connection to such
sewer tributary to the district's sewer system by any person
or municipal corporation regardless of whether the sewer into
which the connection is made is directly under the
jurisdiction of the district or not.
Section 60. Other sewer systems, sewage treatment works,
or sewage treatment facilities. The district may require that
any sewer system, sewage treatment works, or sewage treatment
facility constructed in or within 3 miles of the limits of the
district that is tributary thereto and not within the limits
of any other district be constructed in accordance with the
accepted standards and specifications of the district and
shall further have the authority to cause inspection of the
construction of such sewer system, sewage treatment works, or
sewage treatment facility to be made to ascertain that it
comply with the standards and specifications of the district.
Notwithstanding this Section, if the ordinances, rules, or
regulations of the Metropolitan Water Reclamation District
conflict with the ordinances, rules, or regulations of the
district, then the ordinances, rules, or regulations of the
Metropolitan Water Reclamation District control. If the

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district deems it necessary to perform work on property owned
or operated by the Metropolitan Water Reclamation District,
the district shall cooperate with the Metropolitan Water
Reclamation District and shall follow all permitting
procedures required by the Metropolitan Water Reclamation
District.
Section 65. Connection to district sewage system. The
board of trustees of the district may require that, before a
person or municipal corporation connects to the sewage system
of the district, the district be permitted to inspect the
drainage lines of the person or municipal corporation to
determine whether they are adequate and suitable for
connection to its sewage system. In addition to the other
charges provided for in this Act, the district may collect a
reasonable charge for this inspection service. Funds collected
as inspection charges shall be used by the district for its
general corporate purposes after payment of the costs of
making the inspection.
Section 70. Sewage and stormwater agreements. The
district, in addition to other powers vested in it, may enter
into agreements with a municipality located partly within and
partly without the territorial limits of the district and that
has a sewage system or stormwater drainage system to receive
and dispose of all sewage or stormwater of such municipality

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collected by its system; and, for such purpose, the district
may extend its drains, ditches, or sewers to connect with the
sewage or stormwater drainage system of such municipality.
Section 75. Fees and charges for disposal of surface water
or groundwater. The board of trustees may, by ordinance,
establish, revise, and maintain fees or charges for the
disposal of surface water or groundwater. Such fees and
charges shall be assessed to the municipality or other
governmental unit which utilizes the Town of Cicero sewer
system or any sewer or drainage systems owned or operated by
the district. The district shall assess such fees and charges
on a quarterly basis.
Such fees or charges may be based on the volume of
groundwater, surface water, or stormwater originating from a
municipality or other unit of local government that enters the
Town of Cicero sewer system or any system for the disposal of
such waters or sewage owned or operated by the district. The
district shall set such fees or charges by ordinance. The
failure of a municipality or other governmental unit to pay
such fees or charges within 60 days may result in
disconnection from the Town of Cicero sewer system or any
sewer or drainage systems owned or operated by the district in
accordance with Section 80.
Section 80. Discharge into sewers of the district.

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(a) As used in this Section:
"Industrial wastes" means all solids, liquids, or gaseous
wastes resulting from a 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 an 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 State or any other
state or country.
"President" means the president of the 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 groundwater, surface water,
stormwater, or other water that may be present.
"Stormwater" means rainwater produced by a storm or other
precipitation event, including any and all floodwaters
resulting during and after a weather event.
(b) It is unlawful for any person or unit of local
government to discharge surface water, groundwater,

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stormwater, effluent, gaseous wastes, sewage, industrial
wastes, or other wastes into the sewerage system of the
district or into any sewer tributary therewith, except upon
the terms and conditions that the district might reasonably
impose by way of ordinance, permit, rule, or regulation.
The 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, may 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.
The district shall require municipalities discharging
groundwater, surface water, sewage, stormwater, industrial
waste, or other wastes or waters into any sewerage system in
the control of the district or into any sewer connected
therewith to compensate the district for the use, maintenance
and construction costs of the district sewerage system as a
result of such discharge. The district shall charge each
municipality on a pro rata basis an amount reasonable and
proportionate, as determined by the board of trustees, to the
total volume each municipality discharges into the system.
(c) Whenever the district, acting through the president,

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determines that surface water, groundwater, stormwater,
effluent, gaseous wastes, sewage, industrial wastes, or other
wastes are being discharged into the sewerage system and when,
in the opinion of the president, the discharge is in violation
of an ordinance, rule, or regulation adopted by the board of
trustees, including failure to pay charges and usage fees when
due, under this Section governing the discharge, the president
shall order the offending party to cease and desist. The order
shall be served by certified mail or personally on the owner,
officer, registered agent, or individual designated by permit.
If the offending party fails or refuses to immediately
discontinue the discharge after notification of the cease and
desist order, the president may order the offending party to
show cause before the board of trustees of the district why the
discharge should not be discontinued. A notice shall be served
on the offending party directing the offending party to show
cause before the board of trustees 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 personally or by registered or
certified mail at least 10 days before the hearing upon an
officer or agent of the unit of local government. After
reviewing the evidence, the board of trustees 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 trustees may also order the party

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responsible for the discharge to pay a civil penalty in an
amount specified by the board of trustees that is not less than
$1,000 nor more than $2,000 per day for each day of discharge
of surface water, groundwater, stormwater, effluent, gaseous
wastes, sewage, industrial wastes, or other wastes in
violation of this Act as provided in subsection (d). The board
of trustees may also order the party responsible for the
violation to pay all costs and legal fees associated with the
violation in addition to any outstanding fees and charges for
such discharge.
(d) The board of trustees 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 trustees 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 trustees shall establish a panel of
one or more independent hearing officers to conduct all
hearings on the assessment of civil penalties and issuance
of orders under subsection (c). All hearing officers shall
be attorneys licensed to practice law in this State.
(3) The board of trustees shall adopt procedural rules
governing the proceedings, the assessment of civil
penalties, and the issuance of orders.

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(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 trustees, 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, recommendations for a civil
penalty, and issue an order based solely on the record.
The hearing officer may also recommend, as part of the
order, that the discharge of surface water, groundwater,
stormwater, effluent, gaseous wastes, sewage, industrial
wastes, or other wastes 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 trustees along with a complete record of
the hearing.
(7) The board of trustees shall either approve or

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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 trustees shall remand the
matter to the hearing officer for further proceedings. If
the order is accepted by the board of trustees, it shall
constitute the final order of the board of trustees.
(8) The civil penalty specified by the board of
trustees 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 trustees unless the person or persons to whom
the order is issued seeks judicial review.
(9) If a party seeks judicial review of the order
assessing civil penalties, the party 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.
(10) Civil penalties not paid by the times specified
above shall be delinquent and subject to late fees
assessed on a monthly basis which shall not exceed the
maximum interest rate allowed under State law. The late
fees levied by the district shall be in addition to any
other remedy or right of recovery that the district may
have with respect to the collection or recovery of

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penalties and charges imposed by the district.
(e) The president may order a party to cease the discharge
of surface water, groundwater, stormwater, effluent, gaseous
wastes, sewage, industrial wastes, or other wastes upon a
finding by the president that the final order of the board of
trustees entered after a hearing to show cause has been
violated. The president shall serve the party with a copy of
the president's order either by certified mail or personally
by serving the owner, officer, or registered agent of the
municipality or other unit of local government. The order of
the president shall also schedule an expedited hearing before
a hearing officer designated by the board of trustees for the
purpose of determining whether the party has violated the
final order of the board of trustees. The board of trustees
shall adopt rules of procedure governing expedited hearings.
The hearing may not be conducted less than 7 days after service
of the president's order.
At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with the officer's findings and
recommendations and transmit it to the board of trustees. If
the board of trustees, after reviewing the findings and
recommendations, and the record produced at the hearing,
determines that the party has violated the board of trustees'
final order, the board of trustees may authorize the plugging
or disconnection of the sewer or other actions that disconnect
the offending party's ability to discharge any waters or

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wastes into the district's sewer system. The president shall
give not less than 10 days' written notice of the board of
trustees' order to the municipality or other unit of local
government as well as the owner of record of the real estate
and other parties known to be affected that the sewer will be
plugged or disconnected.
Disconnection of a sewer under this subsection shall be in
addition to any other remedy that the district may have to
prevent violation of its ordinances and orders of its board of
trustees.
(f) A violation of the final order of the board of trustees
shall be considered a nuisance. If any person discharges
groundwater, surface water, stormwater, effluent, gaseous
wastes, sewage, industrial wastes, or other wastes into any
sewers or stormwater management facilities contrary to the
final order of the board of trustees, the district, acting
through the president, may commence an action or proceeding in
the Circuit Court of Cook County 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

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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 district, acting through the president, may
commence an action or proceeding for mandamus or injunction in
the Circuit Court of Cook County ordering a party to cease its
discharge, when, in the opinion of the president, the party'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 under the jurisdiction of the district.
The initiation of a show cause hearing is not a prerequisite to
the commencement by the 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 district commences an action under
subsection (f), the court shall assess a civil penalty of not

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less than $1,000 nor more than $10,000 for each day the party
violates the board of trustees' order. Whenever the district
commences an action under subsection (g), the court shall
assess a civil penalty of not less than $1,000 nor more than
$10,000 for each day the party violates the ordinance. Each
day's continuance of the violation is a separate offense. The
penalties provided in this Section imposed by the board of
trustees under subsection (d) plus interest at the rate set
forth in the Interest Act on unpaid penalties, costs, and
fees; the reasonable costs to the district of removal or other
remedial action caused by discharges in violation of this Act;
reasonable attorney's fees; court costs; other expenses of
litigation; and costs for inspection, sampling, analysis, and
administration related to the enforcement action against the
offending party are recoverable by the district in a civil
action.
(i) The board of trustees may establish fees for late
filing of reports with the district required by an ordinance
governing discharges. The district shall provide by certified
mail a written notice of the fee assessment that states the
party has 30 days after the receipt of the notice to request a
conference with the president's designee to discuss or dispute
the appropriateness of the assessed fee. Unless a party
objects to paying the fee for filing a report late by timely
requesting in writing a conference with a designee of the
president, that party waives the party's right to a

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conference.
If a party requests a conference and the matter is not
resolved at the conference, the party subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
party's liability for and the amount of the fee. If the hearing
officer finds that the late filing fees are owed to the
district, the district shall notify the responsible party of
the hearing officer's decision. If payment is not made within
30 days after the notice, the district may impose penalties
and interest.
(j) To be effective service under this Section, a demand
or order sent by certified or registered mail to the last known
address need not be received by the offending party. Service
of the demand or order by registered or certified mail shall be
deemed effective upon deposit in the United States mail with
proper postage prepaid and addressed as provided in this
Section.
(k) The Administrative Review Law applies to and governs
all proceedings for the judicial review of final
administrative decisions of the board of trustees in the
enforcement of an ordinance, rule, or regulation adopted under
this Act. The cost of preparing the record on appeal shall be
paid by the person seeking a review of an order or action
pursuant to the Administrative Review Law.
(l) Solely in relation to the discharge of groundwater,

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surface water, stormwater, sewage, industrial wastes, or other
wastes subject to one of the district's ordinances, the
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
district, and, in the discretion of the district, to allow
those persons or entities registered with the district to
view, modify, or submit documents using the electronic
reporting system. Wherever this Section provides for service
of documents by the district by U.S. first-class mail, U.S.
certified mail, or personal service, the 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 district shall adopt
rules, as approved by ordinance, to ensure service of process
by email is properly effectuated upon the registered persons
and entities.
Section 85. Acquisition of real and personal property. The
district may acquire by purchase, condemnation, or otherwise
any and all real and personal property, right-of-way and
privilege, either within or without its corporate limits that

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may be required for its corporate purposes; and, if the
district is unable to agree with any other district or
municipality upon the terms under which it shall be permitted
to use the drains, channels or ditches of such other district,
the right to use the same may be required by condemnation in
the circuit court by proceedings in the manner, as near as may
be, as is provided in Section 4-17 of the Illinois Drainage
Code. The compensation to be paid for such use may be a gross
sum, or it may be in the form of an annual rental, to be paid
in yearly installments as and in the manner provided by the
judgment of the court wherein such proceedings may be had. All
moneys for the purchase and condemnation of any property shall
be paid before possession is taken or any work done on the
premises damaged by the construction of such channel or
outlet, and, if an appeal from the circuit court is taken by
either party whereby the amount of damages is not finally
determined, then possession may be taken. The amount of
judgment in such court shall be deposited at some bank or
savings and loan association to be designated by the judge
thereof subject to the payment of such damages on orders
signed by such judge, whenever the amount of damages is
finally determined; and when no longer required for such
purposes, to sell, convey, vacate and release the same.
Section 90. Eminent domain. Notwithstanding any other
provision of this Act, any power granted under this Act to

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acquire property by condemnation or eminent domain is subject
to, and shall be exercised in accordance with, the Eminent
Domain Act.
Section 95. Lease of property. The district may lease to
others for any period of time, not exceeding 50 years, upon
such terms as its board of trustees may determine, real
estate, rights-of-way, privilege, or interest therein, or any
part thereof, acquired by it that is, in the opinion of the
board of trustees of the district, no longer required for its
corporate purposes or that may not be immediately needed for
such purposes, and such leases may contain such conditions and
retain such interests therein as may be deemed for the best
interest of the district by such board of trustees. The
district may grant easements and permits for the use of any
such real property, right-of-way, or privilege that will not,
in the opinion of the board of trustees of the district,
interfere with the use thereof by the district for its
corporate purposes, and such easements and permits may contain
such conditions and retain such interests therein as may be
deemed for the best interests of the district by such board of
trustees.
Section 100. Borrowing money; issuance of bonds. The
district may borrow money for corporate purposes and may issue
bonds therefor but may not become indebted, in any manner, or

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for any purpose, to an amount in the aggregate to exceed 5.75%
on the valuation of taxable property therein, to be
ascertained by the last assessment for State and county taxes
previous to the incurring of such.
Whenever the board of trustees of the district desires to
issue bonds hereunder they shall certify the question to the
proper election officials who shall submit the question at an
election to be held in the district in accordance with the
general election law. In addition to the requirements of the
general election law, the notice of election shall state the
amount of bonds to be issued. The result of the election shall
be entered upon the records of the district. If a majority of
the voters voting at the election on the question have voted in
favor of the issuance of the bonds, the board of trustees shall
order and direct the execution of the bonds for and on behalf
of the district. All bonds issued hereunder shall mature in
not exceeding 20 annual installments. The question shall be in
substantially the following form:
----------------------------
Proposition to issue bonds YES
of..... district to the -------------------------------
amount of..... dollars. NO
-------------------------------------------------------------
However, the district may borrow money for corporate
purposes, and may issue bonds for corporate purposes, without
holding an election or referendum upon the question if the

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district or the board of trustees thereof has been directed by
an order issued by the circuit court or by an administrative
agency of the State of Illinois having jurisdiction to issue
such order to abate its discharge of untreated or inadequately
treated sewage and such borrowing is deemed necessary by the
board of trustees of the district to make possible compliance
with such order. The amount of money that the district may
borrow to abate such sewage discharge shall be limited to that
required for that purpose plus such reasonable future
expansion as shall be approved by the court or the
administrative agency of the State of Illinois having
jurisdiction. The ordinance providing for such bonds shall set
out the fact that such bonds are deemed necessary to make
possible compliance with the order and shall be published or
posted in the manner provided in this Act for publication or
posting of ordinances making appropriations. The ordinance
shall be in full force and effect after its adoption and
publication or posting, as herein provided, notwithstanding
any provision in this Act or any other law to the contrary.
Section 105. Assistance program.
(a) The General Assembly finds that governmental units
located within the boundaries of the district require
assistance in financing the cost of repair, replacement,
reconstruction, and rehabilitation of local sewer and
stormwater collection systems to reduce certain excessive

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sanitary sewer groundwater inflows as well as stormwater
inflows; that such inflows ultimately result in increased need
for treatment and storage facilities of the district; and that
the district, in the discretion of its board of trustees,
advantageously may provide loan funds for such purposes.
(b) As used in this Section:
"Alternate bonds", "applicable law", "bonds", "general
obligation bonds", "governmental unit", "ordinance", and
"revenue source" have the meanings given to those terms in the
Local Government Debt Reform Act.
"Assistance bonds" means the bonds to be issued by the
district to provide funds for the program as authorized in
subsection (f).
"Assistance program" means the program authorized in this
Section by which the district may make loans to local
governmental units for any one or more of the following
undertaken with respect to the repair, replacement,
reconstruction, and rehabilitation of local sewer collection
systems for preliminary planning, engineering, architectural,
legal, fiscal or economic investigations or studies, surveys,
designs, plans, working drawings, specifications, procedures
or other necessary action, erection, building acquisition,
alteration, remodeling, or improvement of such collection
systems, or the inspection or supervision of the action,
erection, building acquisition, alteration, remodeling, or
improvement.

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"Loan" means a loan made by the district to a local
governmental unit under the assistance program.
"Local governmental unit" means a unit of local
government, school district, or community college district
within the boundaries of the district.
"Reconstruction" includes the construction of totally new
lines or systems if reasonably designed to replace obsolete
lines or systems.
(c) The board of trustees may establish an assistance
program.
(d) The board of trustees may do any one or more of the
following with respect to the assistance program:
(1) Establish the assistance program as a use or
appropriation within the corporate fund of the district.
(2) Accept grants, borrow funds, and appropriate
lawfully available funds for the purpose of funding the
assistance program.
(3) Make the loans as provided in subsection (e).
(4) Enforce loans with all available remedies as any
governmental unit or private person might have with
respect to such loans.
(e) The district may make loans and local governmental
units may obtain loans from the district, but only if
authorized to borrow under such powers as may be granted to
such local governmental units under other applicable law. This
Section does not grant local governmental units separate

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borrowing power. If authorized to issue bonds under such
applicable law, however, the form of the borrowing may be such
as the district and the local governmental unit may agree,
including, without limitation, a loan agreement made between
the district and local governmental unit to evidence the bond.
Any such loan agreement shall state the statutory authority
under applicable law for the bond it represents but otherwise
need not be in any specific form. The district shall have all
rights and remedies available to the holder of a bond
otherwise issued in the form provided for the same under
applicable law and also such rights and remedies as may be
additionally available under paragraph (4) of subsection (d).
The loans may be made upon such terms and at such rates,
including expressly below market rates, representing a subsidy
of funds from the district to the local governmental units, as
the district may specify in the loan agreements.
(f) The district may borrow money and issue its assistance
bonds under this Section for the purpose of funding the
assistance program, and the bonds shall be alternate bonds
payable from any lawfully available revenue source, including
without limitation receipts from the loans.
Section 110. Bond interest rate. All bonds issued pursuant
to this Act shall bear interest at a rate or rates not
exceeding that permitted by the Bond Authorization Act.

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Section 115. Contracts. Except as otherwise provided in
this Section, all contracts for purchases or sales by the
district, the expense of which will exceed the mandatory
competitive bid threshold, shall be let to the lowest
responsible bidder therefor upon not less than 14 days' public
notice of the terms and conditions upon which the contract is
to be let, having been given by publication in a newspaper of
general circulation published in the district, and the board
may reject any and all bids and readvertise. In determining
the lowest responsible bidder, the board shall take into
consideration the qualities and serviceability of the articles
supplied, their conformity with specifications, their
suitability to the requirements of the district, the
availability of support services, the uniqueness of the
service, materials, equipment, or supplies as it applies to
network integrated computer systems, the compatibility of the
service, materials, equipment or supplies with existing
equipment, and the delivery terms. Contracts for services in
excess of the mandatory competitive bid threshold may, subject
to the provisions of this Section, be let by competitive
bidding at the discretion of the district board of trustees.
All contracts for purchases or sales that will not exceed
the mandatory competitive bid threshold may be made in the
open market without publication in a newspaper as provided in
this Section, but, whenever practical, shall be based on at
least 3 competitive bids. The mandatory competitive bid

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threshold dollar amount may not be less than $10,000 nor more
than $40,000.
Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in excess
of the mandatory competitive bid threshold and, if so
required, the advertisement for bids shall so specify.
Contracts that by their nature are not adapted to award by
competitive bidding, including, without limitation, contracts
for the services of individuals, groups, or firms possessing a
high degree of professional skill where the ability or fitness
of the individual or organization plays an important part,
contracts for financial management services undertaken
pursuant to the Public Funds Investment Act, contracts for the
purchase or sale of utilities, contracts for commodities
including supply contracts for natural gas and electricity,
contracts for materials economically procurable only from a
single source of supply, contracts for services, supplies,
materials, parts, or equipment that are available only from a
single source, contracts for maintenance, repairs, original
equipment manufacturer supplies, or original equipment
manufacturer parts from the manufacturer or from a source
authorized by the manufacturer, contracts for the use,
purchase, delivery, movement, or installation of data

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processing equipment, software, or services and
telecommunications and interconnect equipment, software, or
services, contracts for duplicating machines and supplies,
contracts for goods or services procured from another
governmental agency, purchases of equipment previously owned
by an entity other than the district itself, purchases of used
equipment, purchases at auction or similar transactions that
by their very nature are not suitable to competitive bids, and
leases of real property where the district is the lessee may
not be subject to the competitive bidding requirements of this
Section.
The district may use a design-build procurement method for
a public project that is not subject to the competitive
bidding requirements of this Section provided the board of
trustees approves the contract for the public project by a
vote of at least 5 trustees. As used in this paragraph,
"design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required and the labor, materials, equipment, and other
construction services for the project.
If an emergency is affecting the public health or safety
as declared by the board of trustees of the district at a
meeting thereof duly convened, then the declaration shall
require the affirmative vote of two-thirds of the board of
trustees and shall set forth the nature of the danger to the

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public health or safety, contracts totaling not more than the
emergency contract cap may be let to the extent necessary to
resolve such emergency without public advertisement or
competitive bidding. Under this Section, an emergency contract
may not be more than $500,000. The resolution or ordinance in
which such declaration is embodied shall fix the date upon
which such emergency shall terminate, and the date may be
extended or abridged by the board of trustees as in their
judgment the circumstances require. A full written account of
any such emergency, together with a requisition for the
materials, supplies, labor or equipment required therefor
shall be submitted immediately upon completion and shall be
open to public inspection for a period of at least one year
after the date of such emergency purchase.
To address operating emergencies not affecting the public
health or safety, the board of trustees shall authorize, in
writing, officials or employees of the district to purchase in
the open market and without advertisement any supplies,
materials, equipment, or services for immediate delivery to
meet the bona fide operating emergency, without filing a
requisition or estimate therefor, in an amount not in excess
of $100,000. The board of trustees must be notified of the
operating emergency. A full, written account of each operating
emergency and a requisition for the materials, supplies,
equipment, and services required to meet the operating
emergency must be immediately submitted by the officials or

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employees authorized to make purchases to the board of
trustees. The account must be available for public inspection
for a period of at least one year after the date of the
operating emergency purchase. The exercise of authority with
respect to purchases for a bona fide operating emergency is
not dependent on a declaration of an operating emergency by
the board of trustees.
The competitive bidding requirements of this Section do
not apply to contracts, including contracts for both materials
and services incidental thereto, for the repair or replacement
of a district's treatment plant, sewers, equipment, or
facilities damaged or destroyed as the result of a sudden or
unexpected occurrence, including, but not limited to, a flood,
fire, tornado, earthquake, storm, or other natural or man-made
disaster, if the board of trustees determines in writing that
the awarding of those contracts without competitive bidding is
reasonably necessary for the district to maintain compliance
with a permit issued under the National Pollution Discharge
Elimination System or any successor system or with any
outstanding order relating to that compliance issued by the
United States Environmental Protection Agency, the Illinois
Environmental Protection Agency, or the Pollution Control
Board. The authority to issue contracts without competitive
bidding pursuant to this paragraph expires 6 months after the
date of the writing determining that the awarding of contracts
without competitive bidding is reasonably necessary.

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A trustee may not be interested, directly or indirectly,
in any contract, work, or business of the district or in the
sale of any article, whenever the expense, price or
consideration of the contract work, business, or sale is paid
either from the treasury or by an assessment levied by statute
or ordinance. A trustee may not be interested, directly or
indirectly, in the purchase of any property that belongs to
the district, is sold for taxes or assessments of the
district, or is sold by virtue of legal process by suit of the
district.
A contract for any work or other public improvement, to be
paid for in whole or in part by special assessment or special
taxation, shall be entered into and the performance thereof
controlled by the provisions of Division 2 of Article 9 of the
Illinois Municipal Code as near as may be. However, contracts
may be let for making proper and suitable connections between
the mains and outlets of the respective sanitary sewers in the
district with any conduit, conduits, main pipe or pipes that
may be constructed by the district.
As used in this Section, "mandatory competitive bid
threshold" means a dollar amount equal to 0.1% of the total
general fixed assets of the district as reported in the most
recent required audit report.
Section 120. Local Government Prompt Payment Act.
Purchases made pursuant to this Act shall be made in

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compliance with the Local Government Prompt Payment Act.
Section 125. Effects on competition. All powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the district may be exercised by
the district notwithstanding effects on competition. The state
action exemption to the application of federal antitrust
statutes are fully available to the district to the extent its
activities are authorized by law as stated herein.
Section 130. Taxes. The board of trustees may not levy and
collect taxes for corporate purposes upon property within the
territorial limits of the district.
Section 135. Construction, maintenance, alteration, and
extension of sewers, channels, ditches, and drains. The
district may construct, maintain, alter, and extend its
sewers, channels, ditches, and drains, as a proper use of
highways along, upon, under and across any highway, street,
alley or public ground in the State, but so as not to incommode
the public use thereof, and the right and authority are hereby
granted to any the district to construct, maintain, and
operate any conduit or conduits, main pipe or pipes, wholly or
partially submerged, buried or otherwise, in, upon and along
any of the lands owned by said state under any of the public
waters therein. The extent and location of the lands and

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waters so to be used and appropriated shall be approved by the
Governor, upon application duly made to the Governor asking
for such approval. The rights, permission, and authority
hereby granted shall be subject to all public right of
commerce and navigation, to the authority of the United States
in behalf of such public rights, and to the right of the State
of Illinois to regulate and control fishing in said public
waters.
Section 140. United States military installations. If
there is located within the bounds of the district a United
States military post, reservation, station, or naval station,
the board of trustees of the district may enter into contracts
or agreements with the proper authorities of the United States
permitting them to connect with any such conduit or conduits,
main pipe or pipes, and discharge the drainage, sewage, or
other impure or contaminated liquids therein.
Section 145. District improvements causing private
property damage or takings. Whenever the board of trustees of
the district shall pass an ordinance for the making of any
improvement that the district may make, the making of which
will require that private property should be taken or damaged,
the district may cause compensation therefor to be
ascertained, and condemn and acquire possession thereof in the
same manner as nearly as may be as is provided for the exercise

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of the right of eminent domain under the Eminent Domain Act.
Proceedings to ascertain the compensation to be paid for
taking or damaging private property shall, in all cases, be
instituted in the county where the property sought to be taken
or damaged is situated. All damages to property, whether
determined by agreement or by final judgment of court, shall
be paid prior to the payment of any other debt or obligation.
Section 150. Rights-of-way over other property for
improvements. When, in making any improvements that the
district is authorized by this Act to make, it shall be
necessary to enter upon and take possession of any existing
drains, sewers, sewer outlets, plants for the purification of
sewage or water, or any other public property, or property
held for public use, the board of trustees of the district may
do so and may acquire the necessary right-of-way over any
other property held for public use in the same manner as is
herein provided for acquiring private property, and may enter
upon, and use the same for the purposes aforesaid. The public
use thereof may not be unnecessarily interrupted or interfered
with and shall be restored to its former usefulness as soon as
practicable.
Section 155. Contracts; matter removed from sewage. The
board of trustees may enter into contract with a municipality
for the reduction, treatment, storage, and disposal of

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garbage, offal, or solid matter removed from sewage at any
disposal plant or treatment works.
Section 160. Contracts; territory outside the district.
The district may (i) permit territory lying outside its
limits, whether within any sanitary district or not, to drain
into and use any channel or drain made by it, upon such
payments, terms, and conditions as may be mutually agreed
upon, (ii) contract for the right to use any drain or channel
that may be made by any sanitary district, upon such terms as
may be mutually agreed upon, and (iii) raise the money called
for by any such contract in the same way and to the same extent
as the district may raise money for any other corporate
purposes.
Section 165. Contracts; covering costs of financing,
constructing, operating, and maintaining district facilities.
The district may enter into contracts with municipalities or
other parties outside the district that may request service
from the district at higher rates than the existing rates for
consumers within the district to allow the district to obtain
a fair return to cover the costs of financing, constructing,
operating, and maintaining its facilities. If the rates are
not thereafter agreed upon by the parties or are not otherwise
provided for by contract, such rates shall be fixed and
determined by the Circuit Court of Cook County after a

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petition has been filed with that court.
Section 170. Acquiring sanitary district or municipal
treatment works.
(a) After incorporation, the West Cook Flood Prevention
District may, in accordance with this Act and an
intergovernmental agreement with a sanitary district or
municipality, acquire or lease the sewage and stormwater
systems, as well as territory, treatment works, lines,
appurtenances, and other property of (i) a sanitary district
organized under the Sanitary District Act of 1907, the
Sanitary District Act of 1917, the Sanitary District Act of
1936 or (ii) a municipality whose treatment works were
established under the Illinois Municipal Code or the Municipal
Wastewater Disposal Zones Act, regardless of whether that
district or municipality is contiguous to the West Cook Flood
Prevention District. The distance between the sanitary
district being acquired or the municipality and the West Cook
Flood Prevention District, as measured between the points on
their corporate boundaries that are nearest to each other, may
not exceed 20 miles. In the case of a municipality, only that
property used by the municipality for transport, treatment,
and discharge of stormwater or wastewater or for disposal of
sewage sludge may be transferred to the West Cook Flood
Prevention District.
(b) The board of trustees of the sanitary district being

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acquired, or the corporate authorities of a municipality whose
treatment works is being acquired, shall, jointly with the
board of trustees of the West Cook Flood Prevention District,
petition the Circuit Court of Cook County to permit the
acquisition. The petition shall show the following:
(1) The reason for the acquisition.
(2) That there are no debts of the sanitary district
being acquired or municipality outstanding or that there
are sufficient funds on hand or available to satisfy those
debts.
(3) That no contract or federal or State permit or
grant will be impaired by the acquisition.
(4) That all assets and responsibilities of the
sanitary district being acquired or municipality, as they
relate to wastewater treatment, have been properly
assigned to the acquiring district.
(5) That the West Cook Flood Prevention District will
pay any court costs incurred in connection with the
petition.
(6) The boundaries of the acquired sanitary district
or municipality as of the date of the petition.
(c) Upon adequate notice, including appropriate notice to
the Illinois Environmental Protection Agency, the circuit
court shall hold a hearing to determine whether there is good
cause for the acquisition by the acquiring district and
whether the allegations of the petition are true. If the court

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finds that there is good cause and that the allegations are
true, it shall order the acquisition to proceed. If the court
finds that there is not good cause for the acquisition or that
the allegations of the petition are not true, the court shall
dismiss the petition. In either event, the costs shall be
taxed against the acquiring district. The order shall be
final. Separate or joint appeals may be taken by any party
affected by the order as in other civil cases.
(d) If the court orders the acquisition contemplated in
the petition, there shall be no further appointments of
trustees if the acquired agency is a sanitary district. The
trustees of the acquired sanitary district acting at the time
of the order shall close up the business affairs of the
sanitary district and make the necessary conveyances of title
to the sanitary district property in accordance with the
intergovernmental agreement between the acquiring and acquired
sanitary districts. In the case of a municipality, the
governing body of the municipality shall make the necessary
conveyances of title to municipal property to the district in
accordance with the intergovernmental agreement between the
municipality and the district. The district's ordinances shall
take effect in the acquired territory upon entry of the order.
(e) The acquisition of any sanitary district by the West
Cook Flood Prevention District or the acquisition of a
treatment works from a municipality by the West Cook Flood
Prevention District does not affect the obligation of any

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bonds issued or contracts entered into by the acquired
sanitary district or the municipality, nor invalidate the
levy, extension, or collection of any taxes or special
assessments upon a property in the acquired sanitary district,
but all those bonds and contracts shall be discharged. The
general obligation indebtedness of the acquired sanitary
district shall be paid from the proceeds of continuing taxes
and special assessments as provided in this Act.
All money remaining after the business affairs of the
acquired sanitary district or acquired treatment works of the
municipality have been closed up and all debts and obligations
of the entities paid shall be paid to the West Cook Flood
Prevention District in accordance with the intergovernmental
agreement between the parties.
(f) An intergovernmental agreement entered into by the
parties under this Section shall provide for the imposition or
continuance of a user charge system in accordance with the
acquiring West Cook Flood Prevention District's ordinance, the
Illinois Environmental Protection Act, and the federal Clean
Water Act.
(g) All courts shall take judicial notice of the
acquisition of the sanitary district being acquired or
municipal treatment works by the West Cook Flood Prevention
District.
Section 175. Construction special assessments. The board

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of trustees may build and construct and to defray the cost and
expenses of the construction of drains, sewers, or laterals,
or drains and sewers and laterals and other necessary adjuncts
thereto, including pumps, pumping stations, and interceptors
made by it in the execution or in furtherance of the powers
heretofore granted to the district by special assessment, as
they shall by ordinance prescribe. A person may not object to a
special assessment because the improvement for which the same
is levied is partly outside the limits of the district. A
special assessment may not be made upon property situated
outside the district, and property may not be assessed more
than it will be benefited by the improvement for which the
assessment is levied. The procedure in making improvements by
special assessment shall be the same as nearly as possible as
is prescribed in Divisions 1 and 2 of Article 9 of the Illinois
Municipal Code and Division 87 of Article 11 of the Illinois
Municipal Code. The functions and duties of the city council,
the council, the board of trustees, or the board of local
improvements under those provisions of the Illinois Municipal
Code shall be assumed and discharged by the board of trustees
of the district; and the duties of the officers designated in
those divisions of the Illinois Municipal Code as mayor of a
city, president of a village or incorporated town, or
president of the board of local improvements shall be assumed
and discharged by the president of the board of trustees of the
district. The duties of other municipal officers designated in

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those provisions of the Illinois Municipal Code shall be
performed by similar officers of the district.
Section 180. Special assessment procedures. When any
special assessment is made under this Act, the ordinance
authorizing such assessment may provide that the entire
assessment and each individual assessment be divided into not
more than 20 annual installments. The division shall be made
so that all installments shall be equal in amount, except that
all fractional amounts shall be added to the first installment
to leave the remaining installments of the aggregate equal in
amount and each a multiple of $100. The said several
installments shall bear interest at a rate not to exceed that
permitted for public corporation bonds under the Bond
Authorization Act. Both principal and interest shall be
payable, collected, and enforced as they shall become due in
the manner provided for the levy, payment, collection and
enforcement of such assessments and interest, as provided in
Divisions 1 and 2 of Article 9 of the Illinois Municipal Code
and Division 87 of Article 11 of the Illinois Municipal Code.
Section 185. Bonds for special assessments. If an
ordinance regarding improvements that provides for the payment
of the improvement by special assessment, either in whole or
in part, then the board of trustees may issue bonds to
anticipate the collection of the second and succeeding

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installments of said assessments payable only out of such
assessment when collected and bearing interest at the same
rate as provided upon the installments of such assessments.
Said bonds shall be issued and subject to call and retirement
in the same manner as provided in Divisions 1 and 2 of Article
9 of the Illinois Municipal Code and Division 87 of Article 11
of the Illinois Municipal Code.
Section 190. Ordinances requiring the taking or damaging
of property. If the board of trustees adopts an ordinance for
the making of any improvement authorized by this Act, the
making of which will require the taking or damaging of
property, the proceeding for the taking or damaging of
property and for making just compensation therefor shall be as
described in Divisions 1 and 2 of Article 9 of the Illinois
Municipal Code and Division 87 of Article 11 of the Illinois
Municipal Code.
Section 195. Addition of contiguous territory. Additional
contiguous territory may be added to the district in the
following manner:
10% or more of the legal voters residing within the limits
of such proposed addition to the district may petition the
Circuit Court of Cook County to cause the question to be
submitted to the legal voters of such proposed additional
territory whether such proposed additional territory shall

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become a part of the district and whether such additional
territory and the taxpayers thereof shall assume a
proportionate share of the bonded indebtedness, if any, of the
district. Such petition shall be addressed to the court and
shall contain a definite description of the boundaries of the
territory sought to be added. No territory disqualified under
this Act may be included.
Upon the filing of such a petition in the office of the
Clerk of the Circuit Court of Cook County, the court shall
consider the boundaries of such proposed additional territory,
whether the same shall be those stated in the petition or
otherwise. The decision of the court shall be a final order and
appealable as in other civil cases.
Notice shall be given by the court of the time and place
when and where all persons interested will be heard
substantially. The court shall certify its order and the
proposition to the proper election officials who shall submit
the proposition at an election in accordance with the general
election law. The proposition shall be in substantially the
following form:
----------------------------------------------
For joining sanitary district and
assuming a proportionate share
of bonded indebtedness, if any.
-------------------------------------------------------------
Against joining sanitary district

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and assuming a proportionate
share of bonded indebtedness,
if any.
-------------------------------------------------------------
If a majority of the votes cast at such election are in
favor of becoming a part of the district and if the trustees of
the district accept the proposed additional territory by
ordinance annexing the same, the court shall enter an
appropriate order of record in the court, and such additional
territory shall thenceforth be added to the district. Any such
additional contiguous territory may be annexed to the district
upon petition addressed to such court, signed by a majority of
the owners of lands constituting such territory who, in the
case of natural persons, shall have arrived at lawful age and
who represent a majority in area of such territory, and the
petition shall contain a definite description of the
boundaries of such territory and shall set forth the
willingness of the petitioners that such territory and the
taxpayers thereof assume a proportionate share of the bonded
indebtedness, if any, of the district. Upon the filing of such
petition and notice of and hearing and decision upon the same
by the aforesaid trustees, all as hereinbefore provided, such
trustees or a majority of them, shall enter an order
containing their findings and decision as to the boundaries of
the territory to be annexed; and thereupon, if the trustees of
the district shall pass an ordinance annexing the territory

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described in such order to the district, the court shall enter
an appropriate order as hereinabove provided, and such
additional territory shall thenceforth be deemed an integral
part of the district.
Section 200. Disconnection of contiguous territory.
Contiguous territory located within the boundaries of the
district and upon the border of the district may disconnect
from the district as follows: 10% or more of the legal voters
resident in the territory sought to be disconnected from the
district may petition the Circuit Court of Cook County to
cause the question of whether such territory shall be
disconnected to be submitted to the legal voters of such
territory. Such a petition shall be addressed to the court and
shall contain a definite description of the boundaries of such
territory and recite as a fact, that there is no outstanding
bonded indebtedness of the district that was incurred or
assumed while such territory was a part of the district and
that no special assessments for local improvements were levied
upon or assessed against any of the lands within such
territory or, if so levied or assessed, that all of such
assessments have been fully paid and discharged and that such
territory is not, at the time of the filing of such petition,
and will not be, either benefited or served by any work or
improvements either then existing or then authorized by said
district. Upon filing such petition in the office of the Clerk

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of the Circuit Court of Cook County, the court shall consider
the boundaries of such territory and the facts upon which the
petition is founded. The court may alter the boundaries of
such territory or shall deny the prayer of the petition if the
material allegations therein contained are not founded in
fact; however, a decision of said trustees or a majority of
them shall be conclusive and not subject to review.
Notice shall be given by the court of the time and place
when and where all persons interested will be heard. The court
shall certify its order and the question to the proper
election officials who shall submit the question at an
election in accordance with the general election law. The
proposition shall be in substantially the following form:
----
For disconnection from
sanitary district.
-------------------------------------------
Against disconnection from
sanitary district.
-------------------------------------------------------------
If a majority of the votes cast at such election are in
favor of disconnection and if the trustees of the district, by
ordinance, disconnect such territory, then the court shall
enter an appropriate order of record in the court and
thereafter such territory is disconnected from the district.

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Section 205. Unit of local government withdrawal from the
district. A unit of local government included in the district
may withdraw from the district, however, such unit must pay a
fee to the district to compensate for costs incurred by the
district as a result of said unit of local government's
discharge of groundwater, surface water, sewage, stormwater,
and other waters into the district's sewer system. A unit of
local government that elects to withdraw from the district
shall pay over to the district its proportionate share of the
bonded indebtedness, if any, of the district prior to its
disconnection.
Section 210. Annexation of territory. The board of
trustees of the district may annex territory that is not
within the corporate limits of the district if:
(1) the territory is contiguous to the district or the
territory is noncontiguous and the owner or owners of
record have entered into an agreement requesting the
annexation of the noncontiguous territory; and
(2) the territory is served by the district or by a
municipality with sewers that are connected and served by
the district.
The annexation may be accomplished only by ordinance and
the ordinance shall include a description of the annexed
territory. A copy of the ordinance and a map of the annexed
territory certified as true and accurate by the clerk of the

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district shall be filed with the county clerk of Cook County.
The new boundary shall extend to the far side of any adjacent
highway and shall include all of every highway within the area
annexed. These highways shall be considered to be annexed even
though not included in the legal description in the annexation
ordinance.
The territory to be annexed to the district shall be
considered to be contiguous to the district notwithstanding
that the territory to be annexed is divided by, or that the
territory to be annexed is separated from the district by, one
or more railroad rights-of-way, public easements, or
properties owned by a public utility, a forest preserve
district, a public agency, or a not-for-profit corporation.
Section 215. Annexation agreements. The board of trustees
of the district may enter into an agreement with one or more of
the owners of record of land in any territory that may be
annexed to the district as provided in this Act. Such
agreement may provide for the annexation of such territory to
the district, subject to the provisions of this Act, and any
other matter not inconsistent with the provisions of this Act,
nor forbidden by law.
Any action taken by the board of trustees during the
period such agreement is in effect, that, if it applied to the
land that is the subject of the agreement, would be a breach of
such agreement, does not apply to such land without an

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amendment of such agreement.
The board of trustees shall fix a time for and hold a
public hearing upon the proposed annexation agreement or
amendment, and shall give notice of the proposed agreement or
amendment not more than 30 nor less than 15 days before the
date fixed for the hearing. This notice shall be published at
least once in one or more newspapers published within the
district. After such hearing, the agreement or amendment may
be modified before execution thereof. The annexation agreement
or amendment shall be executed by the president of the board of
trustees only after such hearing and upon the adoption of a
resolution directing such execution, and the resolution must
be passed by a vote of two-thirds of the board of trustees then
holding office.
Any annexation agreement executed pursuant to this Section
shall be binding upon the successor owners of record of the
land that is the subject of the agreement and upon successor
board of trustees of the district and any successor districts.
A party to such agreement may, by civil action, mandamus, or
other proceeding, enforce and compel performance of the
agreement.
Section 220. Territory of the district to be considered
contiguous territory. Territory that is to be annexed to the
district shall be considered to be contiguous to the district
even if the territory is divided by one or more railroad

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rights-of-way, public easements, or property owned by a public
utility or even if the territory to be so annexed is separated
from the district by one or more railroad rights-of-way,
public easements, or property owned by a public utility.
Section 225. Insurance. The board of trustees of the
district may arrange to provide for the benefit of employees
and trustees of the district group life, health, accident,
hospital and medical insurance, or any one or any combination
of those types of insurance. The board of trustees may also
establish a self-insurance program to provide such group life,
health, accident, hospital and medical coverage, or any one or
any combination of such coverage. The board of trustees may
enact an ordinance prescribing the method of operation of such
an insurance program. Such insurance may include provision for
employees and trustees who rely on treatment by prayer or
spiritual means alone for healing in accordance with the
tenets and practice of a well recognized religious
denomination. The board of trustees may provide for payment by
the district of the premium or charge for such insurance or the
cost of a self-insurance program.
The board of trustees may provide for the withholding and
deducting from the compensation of such of the employees and
trustees as consent thereto the premium or charge for any
group life, health, accident, hospital and medical insurance.
The board of trustees may only obtain insurance from an

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insurance company or companies authorized to do business in
the State of Illinois or such other organization or service
provider authorized to do business in the State of Illinois.
Section 230. Claims for compensation. A claim for
compensation may not be made or an action for damages filed
against the district on account of any damage to property
occurring on or after the effective date of this Act unless
notice in writing is filed with the district's board of
trustees within 6 months after the occurrence of the damage.
The notice must include the following information: (i) the
name and residence address of the owner of the property
damaged; (ii) the property's location; and (iii) the probable
extent of the damage sustained.
Section 235. Discharge into sewer of the district.
(a) The terms used in this Section are defined as follows:
"Board of trustees" means the board of trustees of the
district.
"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,

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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 State or any other
state or country.
"President" means the president of the board of trustees.
"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 groundwater, surface water,
stormwater, or other water that may be present.
"Stormwater" means rainwater produced by a storm or other
precipitation event, including any and all floodwaters
resulting during and after a weather event.
(b) It shall be unlawful for any person to discharge
sewage, groundwater, surface water, stormwater, industrial
waste, or other wastes or waters into any sewerage system in
the control of the district or into any sewer connected
therewith, except upon the terms and conditions that the
district might reasonably impose by way of ordinance, permit,
or otherwise.
The district, in addition to all other powers vested in it
and in the interest of public health and safety, or as

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authorized by subsections (b) and (c) of Section 46 of the
Environmental Protection Act, may adopt all ordinances, rules,
or regulations necessary to implement this Section, including,
but not limited to, the imposition of charges based on
factors, including strength and volume and the right of access
during reasonable hours.
(c) The district shall require municipalities discharging
groundwater, surface water, sewage, stormwater, industrial
waste, or other wastes or waters into any sewerage system in
the control of the district or into any sewer connected
therewith to compensate the district for the use, maintenance,
and construction costs of the district sewerage system as a
result of such discharge. The district shall charge each
municipality on a pro rata basis an amount reasonable and
proportionate, as determined by the board of trustees, to the
total volume each municipality discharges into the system.
(d) Whenever the district acting through the president
determines that groundwater, surface water, sewage,
stormwater, industrial wastes, or other wastes are being
discharged into a sewerage system in the control of the
district and when, in the opinion of the president, the
discharge is in violation of an ordinance, rules, or
regulations adopted by the board of trustees under this
Section governing industrial wastes or other wastes, the
president shall order the offending party to cease and desist.
The order shall be served on the offending party by U.S.

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first-class mail, U.S. certified mail, personally, or by email
as provided in subsection (l).
If the offending party fails or refuses to immediately
discontinue the discharge after service of the
cease-and-desist order, the president may order the offending
party to show cause before the board of trustees of the
district why the discharge should not be discontinued. A
notice shall be served directing the offending party to show
cause before the board of trustees 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 (l) 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 trustees
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 trustees may also order the
party responsible for the discharge to pay a civil penalty in
an amount specified by the board of trustees 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); however, if the part responsible is a unit of
government, the board of trustees may order the party to pay a

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civil penalty in an amount specified by the board of trustees
that is not less than $10,000 nor more than $20,000 per day for
each day of discharge of effluent in violation of this Act as
provided in subsection (d). The board of trustees may also
order the party responsible for the violation to all costs and
legal fees associated with the violation.
(e) The board of trustees 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 trustees 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 trustees 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 trustees 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

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payment of the usual charges for transcripts. At the
hearing, the hearing officer may issue, in the name of the
board of trustees, 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 trustees along with a complete record of
the hearing.
(7) The board of trustees 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 trustees shall remand the
matter to the hearing officer for further proceedings. If
the order is accepted by the board of trustees, it shall

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constitute the final order of the board of trustees.
(8) The civil penalty specified by the board of
trustees 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 trustees, unless the person or persons to
whom the order is issued seeks judicial review.
(9) If the party seeks judicial review of the order
assessing civil penalties, the party 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.
(10) Civil penalties not paid by the times specified
in this subsection shall be delinquent and subject to
additional interest and penalties. The penalties and
interest provided for in this subsection shall be in
addition to and not in derogation of any other remedy or
right of recovery, in law or equity, that the district may
have with respect to the collection or recovery of
penalties and charges imposed by the district.
(f) The president may order a unit of local government or
any person to cease the discharge of groundwater, surface
water, sewage, stormwater, effluent, or industrial waste upon
a finding by the president that the final order of the board of
trustees entered after a hearing to show cause has been

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violated. The order 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 (l). The order of the
president shall also schedule an expedited hearing before a
hearing officer designated by the board of trustees for the
purpose of determining whether the party has violated the
final order of the board of trustees The board of trustees
shall adopt rules of procedure governing expedited hearings.
In no event shall the hearing be conducted less than 7 days
after service of the president'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 trustees. If
the board of trustees, after reviewing the findings and
recommendations and the record produced at the hearings,
determines that the party has violated the board of trustees'
final order, the board of trustees may authorize the plugging
of the sewer or the disconnection of a party from the sewer
system. The president shall give not less than 10 days'
written notice of board of trustees' order to the unit of local
government, owner, officer, registered agent, or individual
designated by permit, that the sewer will be plugged or
otherwise disconnected.
The option to plug 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

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and orders of its board of trustees.
(g) A violation of the final order of the board of trustees
shall be considered a nuisance. If any person discharges
groundwater, surface water, sewage, stormwater, effluent,
industrial wastes, or other wastes into any sewers or systems
owned or operated by the district contrary to the final order
of the board of trustees, the district acting through the
president may commence an action or proceeding in the circuit
court in and for the county in which the 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.
(h) The district, acting through the president, may
commence an action or proceeding for mandamus or injunction in
the circuit court ordering a party to cease its discharge,
when, in the opinion of the president, the party's discharge
presents an imminent danger to the public health, welfare, or
safety, presents or may present an endangerment to the

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environment, creates a risk of flooding, or threatens to
interfere with the operation of the sewerage system under the
jurisdiction of the district. The initiation of a show cause
hearing is not a prerequisite to the commencement by the
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.
(i) Whenever the district commences an action under
subsection (f), the court shall assess a civil penalty of not
less than $1,000 nor more than $10,000 for each day the party
violates a board order. Whenever the district commences an
action under subsection (g), 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

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the board of trustees under subsection (d), the reasonable
costs to the 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 district in a civil
action.
(j) The board of trustees may establish fees for late
filing of reports with the district required by an ordinance
governing discharges. The district shall provide 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 (l) that states the party has 30 days after being
served with the notice to request a conference with the
president's designee to discuss or dispute the appropriateness
of the assessed fee. Unless a party objects to paying the fee
for filing a report late by timely requesting in writing a
conference with a designee of the president, that party waives
its right to a conference.
If a party requests a conference and the matter is not
resolved at the conference, the party subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
party's liability for and the amount of the fee.
If the hearing officer finds that the late filing fees are

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owed to the district, the district shall notify the
responsible party or parties of the hearing officer's
decision. If payment is not made within 30 days after the
notice, the fee shall be deemed delinquent and the district
may impose additional penalties and interest.
(k) The provisions of the Administrative Review Law and
all rules adopted pursuant to that Law apply to and govern all
proceedings for the judicial review of final administrative
decisions of the board of trustees in the enforcement of any
ordinance, rule, or regulation adopted under this Act.
(l) Solely in relation to the discharge of groundwater,
surface water, sewage, stormwater, industrial wastes, or other
wastes subject to one of the district's ordinances, the
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
district, and, in the discretion of the district, to allow
those persons or entities registered with the district to
view, modify, or submit documents using the electronic
reporting system. Whenever this Section provides for service
of documents by the district by U.S. first-class mail, U.S.
certified mail, or personal service, the 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

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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 district shall adopt
rules, as approved by ordinance, to ensure service of process
by email is properly effectuated upon the registered persons
and entities.
Section 240. Stormwater management.
(a) The district may plan, manage, implement, and finance
activities relating to stormwater management within the
boundaries of the district in conformance with the countywide
stormwater management plan for Cook County. The district's
actions under this Section may not infringe upon the
stormwater management authority of the Metropolitan Water
Reclamation District of Greater Chicago.
For the purposes of this Section, the term "stormwater
management" includes, without limitation, the management of
floods and floodwaters.
(b) The district may utilize the resources of cooperating
local watershed councils, including the stormwater management
planning councils created under Section 5-1062.1 of the
Counties Code, councils of local governments, the Northeastern
Illinois Planning Commission, and similar organizations and
agencies. The district may provide those organizations and
agencies with funding, on a contractual basis, for providing
information to the district, providing information to the

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public, or performing other activities related to stormwater
management.
The district may negotiate and enter into agreements with
any county for the management of stormwater runoff in
accordance with subsection (c) of Section 5-1062 of the
Counties Code.
The district may enter into intergovernmental agreements
with units of local government that are located in whole or in
part outside the district for the purpose of implementing the
stormwater management plan and providing stormwater management
services in areas not included within the territory of the
district.
(c) The district shall prepare and adopt by ordinance a
stormwater management plan for the district. The plan may
incorporate one or more separate watershed plans and shall be
at least as stringent as the stormwater management plan
established by the Metropolitan Water Reclamation District.
Prior to adopting the stormwater management plan, the
district shall hold at least one public hearing thereon and
shall afford interested persons an opportunity to be heard.
The district shall obtain all necessary permits and
approvals from the Metropolitan Water Reclamation District in
accordance with applicable law.
(d) The district may prescribe, by ordinance, reasonable
rules and regulations for floodplain and stormwater management
and for governing the location, width, course, and release

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rate of all sewers and stormwater runoff channels and basins
in the district in accordance with the adopted stormwater
management plan. These rules and regulations shall, at a
minimum, meet the standards for floodplain management
established by the Office of Water Resources of the Department
of Natural Resources and the requirements of the federal
Emergency Management Agency for participation in the National
Flood Insurance Program.
The ordinance adopted by the district under this
subsection may provide for a civil penalty for each violation
of the ordinance of not less than $100 nor more than $1,000,
excluding costs and fees that may be assessed under this
Section. Each day's continuance of a violation is a separate
offense.
(e) Civil penalties assessed by the board of trustees for
violations of an ordinance adopted under subsection (d) shall
be assessed following a hearing that shall be conducted by the
board of trustees or its designee pursuant to procedures
adopted by the board of trustees. The procedures shall
include, at a minimum, the following:
(1) In addition to any civil penalty imposed, the
board of trustees may order a party found to have
committed a violation of an ordinance adopted under
subsection (d) to reimburse the district for the costs of
the hearing, including any expenses incurred for
inspection, sampling, analysis, administrative costs, and

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court reporter's and attorney's fees, and to comply with
the ordinance adopted under subsection (d) within a time
specified by the board of trustees.
(2) Unless the party or parties to whom the order is
issued seek judicial review, the civil penalties, costs,
and fees assessed by the board of trustees under this
Section shall be paid by the party or parties in violation
no later than the latter of (i) 35 days after the party
receives a written copy of the order of the board of
trustees imposing the civil penalties, costs, or fees or
(ii) the date ordered by the board of trustees.
(3) If the party assessed a civil penalty seeks
judicial review of the order assessing civil penalties,
the party shall, no later than 35 days after the date of
the final order, pay the amount of the civil penalties,
costs, and fees assessed into an escrow account maintained
by the district for that purpose or file a bond
guaranteeing payment of the civil penalties, fees, and
costs if the civil penalties, fees, and costs are upheld
on review.
(4) Civil penalties, fees, and costs imposed under
this Section are recoverable by the district in a civil
action by all remedies available under law.
(5) The district may apply to the circuit court for an
injunction or mandamus when, in the opinion of the
president of the district, the person has failed to comply

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with an order of the board of trustees or the relief is
necessary to prevent flooding.
The Administrative Review Law governs proceedings for the
judicial review of final orders of the board of trustees
issued under this subsection.
(f) The district may impose fees on areas outside the
district but within Cook County for performance of stormwater
management services, including, but not limited to,
maintenance the development, design, planning, construction,
operation, and maintenance of stormwater facilities and use of
the Town of Cicero sewer systems. The unit of local government
in which the stormwater services are performed shall remit the
fees to the district. All such fees collected by the district
shall be held in a separate fund and used for implementation of
this Section.
(g) Amounts collected by the district under this Act that
are designated for corporate purposes or for stormwater
management purposes may be used by the district for
implementing this Section and for the development, design,
planning, construction, operation, and maintenance of regional
and local stormwater facilities provided for in the stormwater
management plan.
(h) The district may plan, implement, finance, and operate
regional and local stormwater management projects in
accordance with the adopted countywide stormwater management
plan.

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The district shall provide for public review and comment
on proposed stormwater management projects. The district shall
conform to State and federal requirements concerning public
information, environmental assessments, and environmental
impacts for projects receiving State or federal funds.
The district may issue bonds under Section 100 of this Act
for the purpose of funding stormwater management projects.
The district may not use Cook County Forest Preserve
District land for stormwater or flood control projects without
the consent of that District.
The district may acquire, by purchase from a willing
seller in a voluntary transaction, real property in
furtherance of its regional and local stormwater management
activities. Nothing in this Section shall affect the
district's powers of condemnation or eminent domain as
otherwise allowed under this Act.
(i) Upon the creation and implementation of a county
stormwater management plan, the district may petition the
circuit court to dissolve any or all drainage districts
created pursuant to the Illinois Drainage Code or predecessor
Acts that are located entirely within the district.
An active drainage district implementing a plan that is
consistent with and at least as stringent as the district's
stormwater management plan may petition the district for
exception from dissolution. Upon filing of the petition, the
district shall set a date for hearing not less than 2 weeks,

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nor more than 4 weeks, from the filing thereof, and the
district shall give at least one week's notice of the hearing
in one or more newspapers of general circulation within the
drainage district, and, in addition, shall cause a copy of the
notice to be personally served upon each of the trustees of the
drainage district. At the hearing, the district shall hear the
drainage district's petition and allow the drainage district
trustees and any interested parties an opportunity to present
oral and written evidence. The district shall render its
decision upon the petition for exception from dissolution
based upon the best interests of the residents of the drainage
district. If the exception is not allowed, the drainage
district may file a petition with the circuit court within 30
days after the decision. In that case, the notice and hearing
requirements for the court shall be the same as provided in
this subsection for the petition to the district. The court
shall render its decision of whether to dissolve the district
based upon the best interests of the residents of the drainage
district.
The dissolution of a drainage district does not affect the
obligation of any bonds issued or contracts entered into by
the drainage district nor invalidate the levy, extension, or
collection of any special assessments upon the property in the
former drainage district. All property and obligations of the
former drainage district shall be assumed and managed by the
district, and the debts of the former drainage district shall

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be discharged as soon as practicable.
If a drainage district lies only partly within the
district, the district may petition the circuit court to
disconnect from the drainage district that portion of the
drainage district that lies within the district. The property
of the drainage district within the disconnected area shall be
assumed and managed by the district. The district shall also
assume a portion of the drainage district's debt at the time of
disconnection based on the portion of the value of the taxable
property of the drainage district that is located within the
area being disconnected.
A drainage district that is not dissolved under this
subsection within Cook County shall conform its operations to
the countywide stormwater management plan for Cook County.
(j) The district may, after 10 days' written notice to the
owner or occupant, enter upon any lands or waters within the
county for the purpose of inspecting stormwater facilities or
causing the removal of any obstruction to an affected
watercourse.
(k) The district shall post a report on its website
annually on its activities and expenditures under this
Section.
(l) The powers granted to the district under this Section
are in addition to the other powers granted under this Act.
This Section does not limit the powers of the district under
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
unit of local government to take actions relating to flooding
or stormwater so long as those actions conform with this
Section and the plans, rules, and ordinances adopted by the
district under this Section.
Section 900. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 905. The Eminent Domain Act is amended by adding
Section 15-5-49 as follows: