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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1673 Introduced 2/8/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
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Amends the Metropolitan Water Reclamation District Act. Provides that the Metropolitan Water Reclamation District of Greater Chicago may provide for a civil penalty for each offense of not less than $100 nor more than $1,000, with each day's continuance of a violation to be a separate offense, excluding costs and fees that may be assessed. Requires a hearing in front of the board of commissioners, or its designee, before a civil penalty may be imposed. Specifies procedures that must be adopted by the board of commissioners relating to imposing a civil penalty. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Metropolitan Water Reclamation District Act |
| 5 | | is amended by changing Section 7h as follows:
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| 6 | | (70 ILCS 2605/7h)
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| 7 | | Sec. 7h. Stormwater management. |
| 8 | | (a) Stormwater management in Cook County shall be under |
| 9 | | the general
supervision of the Metropolitan Water Reclamation |
| 10 | | District of Greater
Chicago. The District has the authority to |
| 11 | | plan, manage, implement, and
finance activities relating to |
| 12 | | stormwater management in Cook County.
The authority of the |
| 13 | | District with respect to stormwater management extends
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| 14 | | throughout Cook County and is not limited to the area |
| 15 | | otherwise within the
territory and jurisdiction of the |
| 16 | | District under this Act.
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| 17 | | For the purposes of this Section, the term "stormwater |
| 18 | | management"
includes, without limitation, the management of |
| 19 | | floods and floodwaters.
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| 20 | | (b) The District may utilize the resources of cooperating |
| 21 | | local watershed
councils (including the stormwater management |
| 22 | | planning councils created under
Section 5-1062.1 of the |
| 23 | | Counties Code), councils of local governments, the
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| 1 | | Northeastern Illinois Planning Commission, and similar |
| 2 | | organizations and
agencies. The District may provide those |
| 3 | | organizations and agencies with
funding, on a contractual |
| 4 | | basis, for providing information to the District,
providing |
| 5 | | information to the public, or performing other activities |
| 6 | | related
to stormwater management.
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| 7 | | The District, in addition to other powers vested in it, |
| 8 | | may negotiate and enter into agreements with any county for |
| 9 | | the management of stormwater runoff in accordance with |
| 10 | | subsection (c) of Section 5-1062 of the Counties Code.
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| 11 | | The District may enter into intergovernmental agreements |
| 12 | | with Cook County or
other units of local government that are |
| 13 | | located in whole or in part outside
the District for the |
| 14 | | purpose of implementing the stormwater management plan
and |
| 15 | | providing stormwater management services in areas not included |
| 16 | | within the
territory of the District.
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| 17 | | (c) The District shall prepare and adopt by ordinance a |
| 18 | | countywide
stormwater management plan for Cook County. The |
| 19 | | countywide plan may
incorporate one or more separate watershed |
| 20 | | plans.
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| 21 | | Prior to adopting the countywide stormwater management |
| 22 | | plan, the District
shall hold at least one public hearing |
| 23 | | thereon and shall afford interested
persons an opportunity to |
| 24 | | be heard.
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| 25 | | (d) The District may prescribe by ordinance reasonable |
| 26 | | rules and regulations
for floodplain and stormwater management |
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| 1 | | and for governing the location, width,
course, and release |
| 2 | | rate of all stormwater runoff channels, streams, and
basins in |
| 3 | | Cook County, in accordance with the adopted stormwater |
| 4 | | management
plan. These rules and regulations shall, at a |
| 5 | | minimum, meet the standards
for floodplain management |
| 6 | | established by the Office of Water Resources of the
Department |
| 7 | | of Natural Resources and the requirements of the Federal |
| 8 | | Emergency
Management Agency for participation in the National |
| 9 | | Flood Insurance Program.
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| 10 | | The ordinance adopted by the District under this |
| 11 | | subsection may provide for a civil penalty for each violation |
| 12 | | of the ordinance of not less than $100 nor more than $1,000, |
| 13 | | excluding costs and fees that may be assessed under this |
| 14 | | Section. Each day's continuance of a violation is a separate |
| 15 | | offense. |
| 16 | | (d-5) Civil penalties assessed by the board of |
| 17 | | commissioners for violations of an ordinance adopted under |
| 18 | | subsection (d) shall be assessed following a hearing, which |
| 19 | | may be conducted by the board of commissioners or its |
| 20 | | designee, pursuant to procedures adopted by the board of |
| 21 | | commissioners. The procedures shall include, at a minimum, the |
| 22 | | following: |
| 23 | | (1) In addition to any civil penalty imposed, the |
| 24 | | board of commissioners may order a party found to have |
| 25 | | committed a violation of an ordinance adopted under |
| 26 | | subsection (d) to reimburse the District for the costs of |
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| 1 | | the hearing, including any expenses incurred for |
| 2 | | inspection, sampling, analysis, administrative costs, and |
| 3 | | court reporter's and attorney's fees, and to comply with |
| 4 | | the ordinance adopted under subsection (d) within a time |
| 5 | | specified by the board of commissioners. |
| 6 | | (2) Unless the party or parties to whom the order is |
| 7 | | issued seek judicial review, the civil penalties, costs, |
| 8 | | and fees assessed by the board of commissioners under this |
| 9 | | Section shall be paid by the party or parties in violation |
| 10 | | no later than the later of (i) 35 days after the party |
| 11 | | receives a written copy of the order of the board of |
| 12 | | commissioners imposing the civil penalties, costs, or fees |
| 13 | | or (ii) the date ordered by the board of commissioners. |
| 14 | | (3) If the party assessed a civil penalty seeks |
| 15 | | judicial review of the order assessing civil penalties, |
| 16 | | the party shall, no later than 35 days after the date of |
| 17 | | the final order, pay the amount of the civil penalties, |
| 18 | | costs, and fees assessed into an escrow account maintained |
| 19 | | by the District for that purpose or file a bond |
| 20 | | guaranteeing payment of the civil penalties, fees, and |
| 21 | | costs if the civil penalties, fees, and costs are upheld |
| 22 | | on review. |
| 23 | | (4) In addition to recovery under paragraph (5), civil |
| 24 | | penalties, fees, and costs not paid by the times specified |
| 25 | | in this subsection are delinquent and are subject to a |
| 26 | | lien recorded against the property of the party ordered to |
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| 1 | | pay the civil penalty. |
| 2 | | (5) Civil penalties, fees, and costs imposed under |
| 3 | | this Section are recoverable by the District in a civil |
| 4 | | action by all remedies available under the law. Judgment |
| 5 | | in a civil action brought by the District to recover or |
| 6 | | collect the civil penalties, fees, and costs does not |
| 7 | | operate as a release and waiver of a lien upon the real |
| 8 | | estate for the amount of the judgment. Only satisfaction |
| 9 | | of the judgment or the filing of a release or satisfaction |
| 10 | | of lien shall release the lien. |
| 11 | | (6) The District may apply to the circuit court for an |
| 12 | | injunction or mandamus when, in the opinion of the |
| 13 | | executive director of the District, the person has failed |
| 14 | | to comply with an order of the board of commissioners or |
| 15 | | the relief is necessary to prevent flooding. |
| 16 | | The Administrative Review Law governs proceedings for the |
| 17 | | judicial review of final orders of the board of commissioners |
| 18 | | issued under this subsection. |
| 19 | | (e) The District may impose fees on areas outside the |
| 20 | | District but within
Cook County for performance of stormwater |
| 21 | | management services, including but not limited to, maintenance |
| 22 | | of streams and the development, design, planning, |
| 23 | | construction, operation and maintenance of stormwater |
| 24 | | facilities. The total amount of the fees collected from areas |
| 25 | | outside of the District but within Cook County shall not |
| 26 | | exceed the District's annual tax rate for stormwater |
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| 1 | | management within the District multiplied by the aggregate |
| 2 | | equalized assessed valuation of areas outside of the District |
| 3 | | but within Cook County. The District may require the unit of |
| 4 | | local government in which the stormwater services are |
| 5 | | performed to collect the fee and remit the collected fee to the |
| 6 | | District. The District is authorized to pay a reasonable |
| 7 | | administrative fee to the unit of local government for the |
| 8 | | collection of these fees. All such fees collected
by the |
| 9 | | District shall be held in a separate fund and used for |
| 10 | | implementation of this Section.
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| 11 | | (f) Amounts realized from the tax levy for stormwater |
| 12 | | management purposes
authorized in Section 12 may be used by |
| 13 | | the District for implementing this
Section and for the |
| 14 | | development, design, planning, construction, operation, and
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| 15 | | maintenance of regional and local stormwater facilities |
| 16 | | provided for in the stormwater
management plan.
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| 17 | | The proceeds of any tax imposed under Section 12 for |
| 18 | | stormwater management
purposes and any revenues generated as a |
| 19 | | result of the ownership or operation
of facilities or land |
| 20 | | acquired with the proceeds of taxes imposed under Section
12 |
| 21 | | for stormwater management purposes shall be held in a separate |
| 22 | | fund and used
either for implementing this Section or to abate |
| 23 | | those taxes.
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| 24 | | (g) The District may plan, implement, finance, and operate |
| 25 | | regional and local
stormwater management projects in |
| 26 | | accordance with the adopted countywide
stormwater management |
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| 1 | | plan.
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| 2 | | The District shall provide for public review and comment |
| 3 | | on proposed
stormwater management projects. The District shall |
| 4 | | conform to State and
federal requirements concerning public |
| 5 | | information, environmental assessments,
and environmental |
| 6 | | impacts for projects receiving State or federal funds.
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| 7 | | The District may issue bonds under Section 9.6a of this |
| 8 | | Act for the
purpose of funding stormwater management projects.
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| 9 | | The District shall not use Cook County Forest Preserve |
| 10 | | District land for
stormwater or flood control projects without |
| 11 | | the consent of the Forest
Preserve District. |
| 12 | | The District may acquire, by purchase from a willing |
| 13 | | seller in a voluntary transaction, real property in |
| 14 | | furtherance of its regional and local stormwater management |
| 15 | | activities. Nothing in this Section shall affect the |
| 16 | | District's powers of condemnation or eminent domain as |
| 17 | | otherwise set forth in this Act.
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| 18 | | (h) Upon the creation and implementation of a county |
| 19 | | stormwater management
plan, the District may petition the |
| 20 | | circuit court to dissolve any or all
drainage districts |
| 21 | | created pursuant to the Illinois Drainage Code or
predecessor |
| 22 | | Acts that are located entirely within the District.
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| 23 | | However, any active drainage district implementing a plan |
| 24 | | that is consistent
with and at least as stringent as the county |
| 25 | | stormwater management plan may
petition the District for |
| 26 | | exception from dissolution. Upon filing of the
petition, the |
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| 1 | | District shall set a date for hearing not less than 2 weeks, |
| 2 | | nor
more than 4 weeks, from the filing thereof, and the |
| 3 | | District shall give at
least one week's notice of the hearing |
| 4 | | in one or more newspapers of general
circulation within the |
| 5 | | drainage district, and in addition shall cause a copy
of the |
| 6 | | notice to be personally served upon each of the trustees of the |
| 7 | | drainage
district. At the hearing, the District shall hear the |
| 8 | | drainage district's
petition and allow the drainage district |
| 9 | | trustees and any interested parties
an opportunity to present |
| 10 | | oral and written evidence. The District shall render
its |
| 11 | | decision upon the petition for exception from dissolution |
| 12 | | based upon the
best interests of the residents of the drainage |
| 13 | | district. In the event that
the exception is not allowed, the |
| 14 | | drainage district may file a petition with
the circuit court |
| 15 | | within 30 days of the decision. In that case, the notice
and |
| 16 | | hearing requirements for the court shall be the same as |
| 17 | | provided in this
subsection for the petition to the District. |
| 18 | | The court shall render its
decision of whether to dissolve the |
| 19 | | district based upon the best interests
of the residents of the |
| 20 | | drainage district.
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| 21 | | The dissolution of a drainage district shall not affect |
| 22 | | the obligation
of any bonds issued or contracts entered into |
| 23 | | by the drainage district nor
invalidate the levy, extension, |
| 24 | | or collection of any taxes or special
assessments upon the |
| 25 | | property in the former drainage district. All property
and |
| 26 | | obligations of the former drainage district shall be assumed |
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| 1 | | and managed
by the District, and the debts of the former |
| 2 | | drainage district shall be
discharged as soon as practicable.
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| 3 | | If a drainage district lies only partly within the |
| 4 | | District, the District may
petition the circuit court to |
| 5 | | disconnect from the drainage district that
portion of the |
| 6 | | drainage district that lies within the District. The property
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| 7 | | of the drainage district within the disconnected area shall be |
| 8 | | assumed and
managed by the District. The District shall also |
| 9 | | assume a portion of the
drainage district's debt at the time of |
| 10 | | disconnection, based on the portion of
the value of the |
| 11 | | taxable property of the drainage district which is located
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| 12 | | within the area being disconnected.
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| 13 | | A drainage district that continues to exist within Cook |
| 14 | | County shall conform
its operations to the countywide |
| 15 | | stormwater management plan.
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| 16 | | (i) The District may assume responsibility for maintaining |
| 17 | | any stream
within Cook County.
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| 18 | | (j) The District may, after 10 days written notice to the |
| 19 | | owner or
occupant, enter upon any lands or waters within the |
| 20 | | county for the purpose
of inspecting stormwater facilities or |
| 21 | | causing the removal of any obstruction
to an affected |
| 22 | | watercourse. The District shall be responsible for any damages
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| 23 | | occasioned thereby.
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| 24 | | (k) The District shall report to the public annually on |
| 25 | | its activities and
expenditures under this Section and the |
| 26 | | adopted countywide stormwater
management plan.
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| 1 | | (l) The powers granted to the District under this Section |
| 2 | | are in addition
to the other powers granted under this Act. |
| 3 | | This Section does not limit the
powers of the District under |
| 4 | | any other provision of this Act or any other law.
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| 5 | | (m) This Section does not affect the power or duty of any |
| 6 | | unit of local
government to take actions relating to flooding |
| 7 | | or stormwater, so long as those
actions conform with this |
| 8 | | Section and the plans, rules, and ordinances adopted
by the |
| 9 | | District under this Section.
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| 10 | | A home rule unit located in whole or in part in Cook County
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| 11 | | (other than a municipality with a population over 1,000,000)
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| 12 | | may not
regulate stormwater management or planning in Cook |
| 13 | | County in a manner
inconsistent with this Section or the |
| 14 | | plans, rules, and ordinances adopted by
the District under |
| 15 | | this Section; provided, within a municipality with a
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| 16 | | population over 1,000,000, the stormwater management planning |
| 17 | | program of Cook
County shall be conducted by that municipality |
| 18 | | or,
to the extent provided in an intergovernmental agreement |
| 19 | | between the
municipality and the District, by the District |
| 20 | | pursuant to this Section;
provided further that the power |
| 21 | | granted to such municipality shall not be
inconsistent with |
| 22 | | existing powers of the District.
Pursuant to paragraph (i) of |
| 23 | | Section 6 of
Article VII of the Illinois Constitution, this |
| 24 | | Section specifically denies and
limits the exercise of any |
| 25 | | power that is inconsistent with this Section by a
home rule |
| 26 | | unit that is a county with a population of 1,500,000 or more or |