Bill Text: IL SB1673 | 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 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0221 [SB1673 Detail]

Download: Illinois-2023-SB1673-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 7h as follows:
(70 ILCS 2605/7h)
Sec. 7h. Stormwater management.
(a) Stormwater management in Cook County shall be under
the general supervision of the Metropolitan Water Reclamation
District of Greater Chicago. The District has the authority to
plan, manage, implement, and finance activities relating to
stormwater management in Cook County. The authority of the
District with respect to stormwater management extends
throughout Cook County and is not limited to the area
otherwise within the territory and jurisdiction of the
District under this Act.
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

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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 public, or performing other activities
related to stormwater management.
The District, in addition to other powers vested in it,
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 Cook County or other 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
countywide stormwater management plan for Cook County. The
countywide plan may incorporate one or more separate watershed
plans.
Prior to adopting the countywide stormwater management
plan, the District shall hold at least one public hearing
thereon and shall afford interested persons an opportunity to
be heard.
(d) The District may prescribe by ordinance reasonable
rules and regulations for floodplain and stormwater management

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and for governing the location, width, course, and release
rate of all stormwater runoff channels, streams, and basins in
Cook County, 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.
(d-5) Civil penalties assessed by the board of
commissioners for violations of an ordinance adopted under
subsection (d) shall be assessed following a hearing, which
may be conducted by the board of commissioners or its
designee, pursuant to procedures adopted by the board of
commissioners. The procedures shall include, at a minimum, the
following:
(1) In addition to any civil penalty imposed, the
board of commissioners 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

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the hearing, including any expenses incurred for
inspection, sampling, analysis, administrative costs, and
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 commissioners.
(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 commissioners under this
Section shall be paid by the party or parties in violation
no later than the later of (i) 35 days after the party
receives a written copy of the order of the board of
commissioners imposing the civil penalties, costs, or fees
or (ii) the date ordered by the board of commissioners.
(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) In addition to recovery under paragraph (5), civil
penalties, fees, and costs not paid by the times specified
in this subsection are delinquent and are subject to a
lien recorded against the property of the party ordered to

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pay the civil penalty.
(5) Civil penalties, fees, and costs imposed under
this Section are recoverable by the District in a civil
action by all remedies available under the law. Judgment
in a civil action brought by the District to recover or
collect the civil penalties, fees, and costs does not
operate as a release and waiver of a 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.
(6) The District may apply to the circuit court for an
injunction or mandamus when, in the opinion of the
executive director of the District, the person has failed
to comply with an order of the board of commissioners 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 commissioners
issued under this subsection.
(e) 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
of streams and the development, design, planning,
construction, operation and maintenance of stormwater
facilities. The total amount of the fees collected from areas
outside of the District but within Cook County shall not
exceed the District's annual tax rate for stormwater

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management within the District multiplied by the aggregate
equalized assessed valuation of areas outside of the District
but within Cook County. The District may require the unit of
local government in which the stormwater services are
performed to collect the fee and remit the collected fee to the
District. The District is authorized to pay a reasonable
administrative fee to the unit of local government for the
collection of these fees. All such fees collected by the
District shall be held in a separate fund and used for
implementation of this Section.
(f) Amounts realized from the tax levy for stormwater
management purposes authorized in Section 12 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.
The proceeds of any tax imposed under Section 12 for
stormwater management purposes and any revenues generated as a
result of the ownership or operation of facilities or land
acquired with the proceeds of taxes imposed under Section 12
for stormwater management purposes shall be held in a separate
fund and used either for implementing this Section or to abate
those taxes.
(g) The District may plan, implement, finance, and operate
regional and local stormwater management projects in
accordance with the adopted countywide stormwater management

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plan.
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 9.6a of this
Act for the purpose of funding stormwater management projects.
The District shall not use Cook County Forest Preserve
District land for stormwater or flood control projects without
the consent of the Forest Preserve 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 set forth in this Act.
(h) 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.
However, any active drainage district implementing a plan
that is consistent with and at least as stringent as the county
stormwater management plan may petition the District for
exception from dissolution. Upon filing of the petition, the

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District shall set a date for hearing not less than 2 weeks,
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. In the event that the exception is not allowed, the
drainage district may file a petition with the circuit court
within 30 days of 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 shall 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 taxes or special assessments upon the
property in the former drainage district. All property and
obligations of the former drainage district shall be assumed

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and managed by the District, and the debts of the former
drainage district shall 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 which is located
within the area being disconnected.
A drainage district that continues to exist within Cook
County shall conform its operations to the countywide
stormwater management plan.
(i) The District may assume responsibility for maintaining
any stream within 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. The District shall be responsible for any damages
occasioned thereby.
(k) The District shall report to the public annually on
its activities and expenditures under this Section and the
adopted countywide stormwater management plan.

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(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.
(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.
A home rule unit located in whole or in part in Cook County
(other than a municipality with a population over 1,000,000)
may not regulate stormwater management or planning in Cook
County in a manner inconsistent with this Section or the
plans, rules, and ordinances adopted by the District under
this Section; provided, within a municipality with a
population over 1,000,000, the stormwater management planning
program of Cook County shall be conducted by that municipality
or, to the extent provided in an intergovernmental agreement
between the municipality and the District, by the District
pursuant to this Section; provided further that the power
granted to such municipality shall not be inconsistent with
existing powers of the District. Pursuant to paragraph (i) of
Section 6 of Article VII of the Illinois Constitution, this
Section specifically denies and limits the exercise of any
power that is inconsistent with this Section by a home rule
unit that is a county with a population of 1,500,000 or more or

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is located, in whole or in part, within such a county, other
than a municipality with a population over 1,000,000.
(Source: P.A. 98-652, eff. 6-18-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.