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