Bill Text: IL HB3133 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Metropolitan Water Reclamation District Act. Provides that the Metropolitan Water Reclamation District of Greater Chicago may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the sanitary district and, in the discretion of the District, to allow those persons or entities registered with the District to view, modify, or submit documents using the electronic reporting system. Allows for email service of documents usually required to be served by U.S. first-class mail, U.S. certified mail, or personal service for persons or entities registered with the electronic reporting system. Provides that 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. Effective immediately.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0334 [HB3133 Detail]

Download: Illinois-2023-HB3133-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Section 7a as follows:
(70 ILCS 2605/7a) (from Ch. 42, par. 326a)
Sec. 7a. Discharge into sewers of a sanitary district.
(a) The terms used in this Section are defined as follows:
"Board of Commissioners" means the Board of Commissioners
of the sanitary district.
"Sewage" means water-carried human wastes or a combination
of water-carried wastes from residences, buildings,
businesses, industrial establishments, institutions, or other
places together with any ground, surface, storm, or other
water that may be present.
"Industrial Wastes" means all solids, liquids, or gaseous
wastes resulting from any commercial, industrial,
manufacturing, agricultural, trade, or business operation or
process, or from the development, recovery, or processing of
natural resources.
"Other Wastes" means decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil, tar,
chemicals, and all other substances except sewage and

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industrial wastes.
"Person" means any individual, firm, association, joint
venture, sole proprietorship, company, partnership, estate
copartnership, corporation, joint stock company, trust, school
district, unit of local government, or private corporation
organized or existing under the laws of this or any other state
or country.
"Executive Director" means the executive director of the
sanitary district.
(b) It shall be unlawful for any person to discharge
sewage, industrial waste, or other wastes into the sewerage
system of a sanitary district or into any sewer connected
therewith, except upon the terms and conditions that the
sanitary district might reasonably impose by way of ordinance,
permit, or otherwise.
Any sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
or as authorized by subsections (b) and (c) of Section 46 of
the Environmental Protection Act, is hereby empowered to pass
all ordinances, rules, or regulations necessary to implement
this Section, including but not limited to, the imposition of
charges based on factors that influence the cost of treatment,
including strength and volume, and including the right of
access during reasonable hours to the premises of a person for
enforcement of adopted ordinances, rules, or regulations.
(c) Whenever the sanitary district acting through the

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executive director determines that sewage, industrial wastes,
or other wastes are being discharged into the sewerage system
and when, in the opinion of the executive director the
discharge is in violation of an ordinance, rules, or
regulations adopted by the Board of Commissioners under this
Section governing industrial wastes or other wastes, the
executive director shall order the offending party to cease
and desist. The order shall be served on the offending party by
U.S. first-class mail, U.S. certified mail, or personally, or
by email as provided in subsection (m) on the owner, officer,
registered agent, or individual designated by permit.
In the event the offending party fails or refuses to
discontinue the discharge within 90 days after service
notification of the cease and desist order, the executive
director may order the offending party to show cause before
the Board of Commissioners of the sanitary district why the
discharge should not be discontinued. A notice shall be served
on the offending party directing him, her, or it the offending
party to show cause before the Board of Commissioners why an
order should not be entered directing the discontinuance of
the discharge. The notice shall specify the time and place
where a hearing will be held and shall be served on the
offending party by U.S. first-class mail, U.S. certified mail,
personally, or by email as provided in subsection (m), by
registered or certified mail at least 10 days before the
hearing; and in the case of a unit of local government or a

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corporation the service shall be upon an officer or agent
thereof. After reviewing the evidence, the Board of
Commissioners may issue an order to the party responsible for
the discharge, directing that within a specified period of
time the discharge be discontinued. The Board of Commissioners
may also order the party responsible for the discharge to pay a
civil penalty in an amount specified by the Board of
Commissioners that is not less than $1,000 nor more than
$2,000 per day for each day of discharge of effluent in
violation of this Act as provided in subsection (d). The Board
of Commissioners may also order the party responsible for the
violation to pay court reporter costs and hearing officer fees
in a total amount not exceeding $3,000.
(d) The Board of Commissioners shall establish procedures
for assessing civil penalties and issuing orders under
subsection (c) as follows:
(1) In making its orders and determinations, the Board
of Commissioners shall take into consideration all the
facts and circumstances bearing on the activities involved
and the assessment of civil penalties as shown by the
record produced at the hearing.
(2) The Board of Commissioners shall establish a panel
of independent hearing officers to conduct all hearings on
the assessment of civil penalties and issuance of orders
under subsection (c). The hearing officers shall be
attorneys licensed to practice law in this State.

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(3) The Board of Commissioners shall promulgate
procedural rules governing the proceedings, the assessment
of civil penalties, and the issuance of orders.
(4) All hearings shall be on the record, and testimony
taken must be under oath and recorded stenographically.
Transcripts so recorded must be made available to any
member of the public or any party to the hearing upon
payment of the usual charges for transcripts. At the
hearing, the hearing officer may issue, in the name of the
Board of Commissioners, notices of hearing requesting the
attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in the hearing
and may examine witnesses.
(5) The hearing officer shall conduct a full and
impartial hearing on the record, with an opportunity for
the presentation of evidence and cross-examination of the
witnesses. The hearing officer shall issue findings of
fact, conclusions of law, a recommended civil penalty, and
an order based solely on the record. The hearing officer
may also recommend, as part of the order, that the
discharge of industrial waste be discontinued within a
specified time.
(6) The findings of fact, conclusions of law,
recommended civil penalty, and order shall be transmitted
to the Board of Commissioners along with a complete record
of the hearing.

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(7) The Board of Commissioners shall either approve or
disapprove the findings of fact, conclusions of law,
recommended civil penalty, and order. If the findings of
fact, conclusions of law, recommended civil penalty, or
order are rejected, the Board of Commissioners shall
remand the matter to the hearing officer for further
proceedings. If the order is accepted by the Board of
Commissioners, it shall constitute the final order of the
Board of Commissioners.
(8) (Blank).
(9) The civil penalty specified by the Board of
Commissioners shall be paid within 35 days after the party
on whom it is imposed receives a written copy of the order
of the Board of Commissioners, unless the person or
persons to whom the order is issued seeks judicial review.
(10) If the respondent seeks judicial review of the
order assessing civil penalties, the respondent shall,
within 35 days after the date of the final order, pay the
amount of the civil penalties into an escrow account
maintained by the district for that purpose or file a bond
guaranteeing payment of the civil penalties if the civil
penalties are upheld on review.
(11) Civil penalties not paid by the times specified
above shall be delinquent and subject to a lien recorded
against the property of the person ordered to pay the
penalty. The foregoing provisions for asserting liens

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against real estate by the sanitary district shall be in
addition to and not in derogation of any other remedy or
right of recovery, in law or equity, that the sanitary
district may have with respect to the collection or
recovery of penalties and charges imposed by the sanitary
district. Judgment in a civil action brought by the
sanitary district to recover or collect the charges shall
not operate as a release and waiver of the lien upon the
real estate for the amount of the judgment. Only
satisfaction of the judgment or the filing of a release or
satisfaction of lien shall release the lien.
(e) The executive director may order a person to cease the
discharge of industrial waste upon a finding by the executive
director that the final order of the Board of Commissioners
entered after a hearing to show cause has been violated. The
executive director shall serve the person with a copy of his or
her order shall be served on the offending party either by U.S.
first-class mail, U.S. certified mail, or personally, or by
email as provided in subsection (m) serving the owner,
officer, registered agent, or individual designated by permit.
The order of the executive director shall also schedule an
expedited hearing before a hearing officer designated by the
Board of Commissioners for the purpose of determining whether
the company has violated the final order of the Board of
Commissioners. The Board of Commissioners shall adopt rules of
procedure governing expedited hearings. In no event shall the

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hearing be conducted less than 7 days after service receipt by
the person of the executive director's order on the offending
party.
At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with his or her findings and
recommendations and transmit it to the Board of Commissioners.
If the Board of Commissioners, after reviewing the findings
and recommendations, and the record produced at the hearings,
determines that the person has violated the Board of
Commissioner's final order, the Board of Commissioners may
authorize the plugging of the sewer. The executive director
shall give not less than 10 days written notice of the Board of
Commissioner's order to the owner, officer, registered agent,
or individual designated by permit, as well as the owner of
record of the real estate and other parties known to be
affected, that the sewer will be plugged.
The foregoing provision for plugging a sewer shall be in
addition to and not in derogation of any other remedy, in law
or in equity, that the district may have to prevent violation
of its ordinances and orders of its Board of Commissioners.
(f) A violation of the final order of the Board of
Commissioners shall be considered a nuisance. If any person
discharges sewage, industrial wastes, or other wastes into any
waters contrary to the final order of the Board of
Commissioners, the sanitary district acting through the
executive director has the power to commence an action or

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proceeding in the circuit court in and for the county in which
the sanitary district is located for the purpose of having the
discharge stopped either by mandamus or injunction, or to
remedy the violation in any manner provided for in this
Section.
The court shall specify a time, not exceeding 20 days
after the service of the copy of the complaint, in which the
party complained of must plead to the complaint, and in the
meantime, the party may be restrained. In case of default or
after pleading, the court shall immediately inquire into the
facts and circumstances of the case and enter an appropriate
judgment in respect to the matters complained of. Appeals may
be taken as in other civil cases.
(g) The sanitary district, acting through the executive
director, has the power to commence an action or proceeding
for mandamus or injunction in the circuit court ordering a
person to cease its discharge, when, in the opinion of the
executive director, the person's discharge presents an
imminent danger to the public health, welfare, or safety,
presents or may present an endangerment to the environment, or
threatens to interfere with the operation of the sewerage
system or a water reclamation plant under the jurisdiction of
the sanitary district. The initiation of a show cause hearing
is not a prerequisite to the commencement by the sanitary
district of an action or proceeding for mandamus or injunction
in the circuit court. The court shall specify a time, not

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exceeding 20 days after the service of a copy of the petition,
in which the party complained of must answer the petition, and
in the meantime, the party may be restrained. In case of
default in answer or after answer, the court shall immediately
inquire into the facts and circumstances of the case and enter
an appropriate judgment order in respect to the matters
complained of. An appeal may be taken from the final judgment
in the same manner and with the same effect as appeals are
taken from judgment of the circuit court in other actions for
mandamus or injunction.
(h) Whenever the sanitary district commences an action
under subsection (f) of this Section, the court shall assess a
civil penalty of not less than $1,000 nor more than $10,000 for
each day the person violates a Board order. Whenever the
sanitary district commences an action under subsection (g) of
this Section, the court shall assess a civil penalty of not
less than $1,000 nor more than $10,000 for each day the person
violates the ordinance. Each day's continuance of the
violation is a separate offense. The penalties provided in
this Section plus interest at the rate set forth in the
Interest Act on unpaid penalties, costs, and fees, imposed by
the Board of Commissioners under subsection (d), the
reasonable costs to the sanitary district of removal or other
remedial action caused by discharges in violation of this Act,
reasonable attorney's fees, court costs, and other expenses of
litigation together with costs for inspection, sampling,

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analysis, and administration related to the enforcement action
against the offending party are recoverable by the sanitary
district in a civil action.
(i) The Board of Commissioners may establish fees for late
filing of reports with the sanitary district required by an
ordinance governing discharges. The sanitary district shall
provide by certified mail a written notice of the fee
assessment, by U.S. first-class mail, U.S. certified mail,
personally, or by email as provided in subsection (m), that
states the person has 30 days after being served with the
receipt of the notice to request a conference with the
executive director's designee to discuss or dispute the
appropriateness of the assessed fee. Unless a person objects
to paying the fee for filing a report late by timely requesting
in writing a conference with a designee of the executive
director, that person waives his or her right to a conference
and the sanitary district may impose a lien recorded against
the property of the person for the amount of the unpaid fee.
If a person requests a conference and the matter is not
resolved at the conference, the person subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
person's liability for and the amount of the fee.
If the hearing officer finds that the late filing fees are
owed to the sanitary district, the sanitary district shall
notify the responsible person or persons of the hearing

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officer's decision. If payment is not made within 30 days
after the notice, the sanitary district may impose a lien on
the property of the person or persons.
Any liens filed under this subsection shall apply only to
the property to which the late filing fees are related. A claim
for lien shall be filed in the office of the recorder of the
county in which the property is located. The filing of a claim
for lien by the district does not prevent the sanitary
district from pursuing other means for collecting late filing
fees. If a claim for lien is filed, the sanitary district shall
notify the person whose property is subject to the lien, and
the person may challenge the lien by filing an action in the
circuit court. The action shall be filed within 90 days after
the person receives the notice of the filing of the claim for
lien. The court shall hear evidence concerning the underlying
reasons for the lien only if an administrative hearing has not
been held under this subsection.
(j) If the provisions of any paragraph of this Section are
declared unconstitutional or invalid by the final decision of
any court of competent jurisdiction, the provisions of the
remaining paragraphs continue in effect.
(k) Nothing in this Section eliminates any of the powers
now granted to municipalities having a population of 500,000
or more as to design, preparation of plans, and construction,
maintenance, and operation of sewers and sewerage systems, or
for the control and elimination or prevention of the pollution

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of their waters or waterways, in the Illinois Municipal Code
or any other Act of the State of Illinois.
(l) The provisions of the Administrative Review Law and
all amendments and rules adopted pursuant to that Law apply to
and govern all proceedings for the judicial review of final
administrative decisions of the Board of Commissioners in the
enforcement of any ordinance, rule, or regulation adopted
under this Act.
(m) Solely in relation to the discharge of sewage,
industrial wastes, or other wastes subject to one of the
sanitary district's ordinances, the sanitary district may
implement an electronic reporting system that will allow
notices, orders, and other documents to be sent directly by
email to persons or entities registered with the sanitary
district, and, in the discretion of the sanitary district, to
allow those persons or entities registered with the sanitary
district to view, modify, or submit documents using the
electronic reporting system. Wherever this Section provides
for service of documents by the sanitary district by U.S.
first-class mail, U.S. certified mail, or personal service,
the sanitary district may serve by email the documents upon
the registered persons or entities in lieu of service by U.S.
first-class mail, U.S. certified mail, or personal service.
Enrollment in the electronic reporting system in this
subsection is voluntary and limited to nonresidential
facilities or uses. Service by email under this Section is

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only permitted on those persons or entities that voluntarily
enroll in the system. The sanitary district shall adopt rules,
as approved by ordinance, to ensure service of process by
email is properly effectuated upon the registered persons and
entities.
(Source: P.A. 96-328, eff. 8-11-09; 97-298, eff. 8-11-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.