(70 ILCS 2405/26)
(from Ch. 42, par. 317h)
(1) The terms used in this Section are defined as follows:
The term "Board of Trustees" means the Board of Trustees of a sanitary
district organized under this Act.
The term "District Director" means the chief administrative officer of
such sanitary district.
The term "Waters" means all accumulations of water, surface and underground,
natural and artificial, public and private, or parts thereof, which are
wholly or partially within, or flow through, the territorial boundaries
of such sanitary district.
The term "Wastewater" means the combination of liquid and water-carried
wastes from residences, commercial buildings, industrial plants and
institutions, including polluted cooling water.
The term "Sanitary Wastewater" means the combination of liquid and
water-carried wastes discharged from toilet and other sanitary
The term "Industrial Wastewater" means a combination of liquid and
water-carried waste, discharged from any industrial establishment and
resulting from any trade or process carried on in that establishment including
the wastewater from pretreatment facilities and polluted cooling water.
The term "Combined Wastewater" means wastewater including sanitary
wastewater, industrial wastewater, storm water, infiltration and inflow
carried to the sewage treatment plant by a sewer.
The term "Pollutant" means any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt and industrial, municipal, and
agricultural waste discharged into any waters as will or is likely to
create a nuisance or render such waters harmful or detrimental or injurious
to public health, safety or welfare, or to domestic, commercial,
industrial, agricultural, recreational, or other legitimate uses, or to
livestock, wild animals, birds, fish, or other aquatic life, or causes or
may cause interference with the operation of the sanitary district sewage treatment plant.
The term "Interference" means an inhibition or disruption of the sanitary
district's sewage treatment plant, its treatment processes or operations,
or its sludge processes, use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of the sewage treatment
work's ability to discharge to the waters of the State of Illinois or to
the prevention of sewage sludge use or disposal by the sewage treatment
work in accordance with the applicable statutory and regulatory provisions.
The term "Person" means any and all persons, natural or artificial, including
any individual, firm or association, and any unit of local government or
private corporation organized or existing under the laws of this or any
other state or country.
(2) The sanitary district, acting through the District Director, may
study, investigate and from time to time determine ways and means of removing
from the water within such sanitary district so far as is practicable, all
pollutants in accordance with Federal and State statutes and applicable
regulations, and to determine methods of abating such pollutants that are
detrimental to public health or to animals, fish or aquatic life, or
detrimental to the practicable use of the waters for purposes of
recreation, industry or agriculture, or which interfere or might interfere
with the operation of such sanitary district's sewage treatment plant.
(3) The sanitary district may by ordinance provide that no user who is
planning to discharge into any waters, pollutants or wastewater which may
cause the pollution of such waters within such sanitary district, may make
such discharge unless a written permit or permits for such discharge have
been granted by the sanitary district acting through its Board of Trustees.
The sanitary district may by ordinance provide that no changes in or
additions to a user's discharge into any waters, including changes in or
additions to the method of treating of wastewater or pollutants, may be
made within such sanitary district unless and until the proposed changes
have been submitted to and approved by the sanitary district and a permit
or permits have been issued therefor by the Board of Trustees.
(4) Plans and specifications describing any discharges set forth in this
Act shall be submitted to the sanitary district before a written permit
or permits may be issued. Construction of any facilities required by such
plans and specifications must be in accordance with such plans and
specifications. In case it is necessary or desirable to make material
changes in said plans or specifications, the revised plans or
specifications, together with the reasons for the proposed changes must be
submitted to the sanitary district for a revised or supplemental written permit.
(5) The sanitary district, acting through the District Director, may require
any user, other than a user discharging only domestic strength waste, which
is discharging to the sanitary district, to file with it complete plans
of the whole or of any part of its wastewater discharge system and any other
information and records concerning the installation and operation of such system.
(6) The sanitary district, acting through the District Director, may
establish procedures for the review of any plans, specifications or other
data relative to any user's wastewater discharge system, for which this Act
requires a written permit or permits.
(7) The sanitary district, acting through the District Director, may
adopt and enforce rules and regulations governing the issuance of permits
and the method and manner under which plans, specifications, or other data
relative thereto must be submitted for such wastewater discharge systems or
for additions to, changes in or extensions of such wastewater discharge systems.
(8) Whenever the sanitary district, acting through the District Director,
determines that wastewater or pollutants are being discharged into any waters
and when, in the opinion of the District Director, such discharge pollutes
the same or renders such waters incapable of use for the purposes stated
herein, the District Director may by conference, conciliation and persuasion,
endeavor to the fullest extent possible to eliminate such discharge or cause
such discharger to cease such pollution. The District Director shall not
hold more than one such conference for any single user in
any consecutive 12 month period before calling for a Show Cause Hearing
as set forth herein. In addition, nothing in this Section shall prohibit
the Director, upon discovery of an ongoing or potential discharge of pollutants
to the sewage treatment works which reasonably appears to present an imminent
danger to the health or welfare of persons, from seeking and obtaining from
the Circuit Court of the county in which the sanitary district is
a Temporary Restraining Order to halt or prohibit such discharge or from
proceeding under any other provision of this Act; and provided further, that
where the Director discovers an ongoing or potential discharge to its sewage
treatment works which presents or may present a danger to the environment
or which threatens to interfere or interferes with the operation of its
treatment works, he may call a Show Cause Hearing as set forth herein without
the requirement for such process of conference, conciliation and persuasion.
In the case of the failure by conference, conciliation and persuasion to
correct or remedy any claimed violation, the District Director may order
whoever causes such discharge to show cause before the Board of Trustees
of such sanitary district why such discharge should not be discontinued.
A notice may be served on the offending party directing him or it to show cause
before such Board of Trustees why an Order should not be entered directing
the discontinuance of such discharge. Such 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 5 days before the hearing; and
in the case of a unit of local government or a corporation, such 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 such
discharge, directing that the user responsible shall cease such discharge
immediately or that following a specified time such discharge shall cease
or the discharge permit or permits previously issued to such discharger
shall be revoked immediately or after a time certain, or shall issue such
other order as may serve to abate said discharge. If the party fails to
cease such discharge in accordance with the Board's Order, the sanitary
district may disconnect such discharge on Order of the Board of Trustees.
(9) Any permit authorized and issued under the provisions of this Act
may, when necessary, in the opinion of the District Director, to prevent
pollution of such waters, be revoked or modified by the Board of Trustees after
investigation, notice and hearing as provided in paragraph (8) of this Section.
(10) A violation of an order of the Board of Trustees shall be considered
a nuisance. If any person discharges sewage or industrial wastes or other
wastes into any waters contrary to the orders of the Board of Trustees,
the sanitary district, acting through the District Director, has the power
to commence an action or proceeding in the Circuit Court in and for the
county in which such sanitary district is located for the purpose of having
the discharge stopped either by mandamus or injunction.
The Court shall specify a time, not exceeding 20 days after the service
of the 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 any 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 judgments of the Circuit Court in other actions for mandamus
(11) The Board of Trustees or any member thereof, or any officer or employee
designated by such Board, may conduct the hearing and take the evidence
provided for in paragraph (8) of this Section, and transmit a report of
the evidence and hearing, together with recommendations, to the Board of
Trustees for action thereon.
At any public hearing, testimony must be taken under oath and recorded
stenographically. The transcript so recorded must be made available to
any member of the public or any party to the hearing upon payment of the
usual charges therefor.
In any such hearing, the Board, or the designated member or members, or any
officer or employee of the District designated by the Board, may subpoena and
compel the attendance of witnesses and the production of evidence reasonably
necessary to the resolution of the matter under consideration. The Board,
or the designated member or members, or any officer or employee of the District
designated by the Board, shall issue such subpoenas upon the request of
any party to a Show Cause Hearing under paragraph (8) of this Section or
upon its own Motion, and may examine witnesses.
(12) The provisions of the Administrative Review Law, and the rules adopted
pursuant thereto, apply to and govern all proceedings for the judicial review
of final administrative decisions of the Board of Trustees hereunder. The
term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure.
(13) Whoever violates any provisions of this Act or fails to comply with
an order of the Board of Trustees in accordance with the provisions of this
Act shall be fined not less than $100 nor more than $1,000. Each day's
continuance of such violation or failure is a separate offense. The penalties
provided in this Section plus reasonable attorney's fees, court costs and
other expenses of litigation are recoverable by the sanitary district upon
its suit, as debts are recoverable at law.
(Source: P.A. 90-655, eff. 7-30-98.)