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| [ Introduced ] | [ Senate Amendment 001 ] |
91_HB0819eng HB0819 Engrossed LRB9103035DHmg 1 AN ACT to amend the Metropolitan Water Reclamation 2 District Act by changing Section 7a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Metropolitan Water Reclamation District 6 Act is amended by changing Section 7a as follows: 7 (70 ILCS 2605/7a) (from Ch. 42, par. 326a) 8 Sec. 7a. Discharge into sewers of a sanitary district. 9 (a) The terms used in this Section are defined as 10 follows: 11 "Board of Commissioners" means the Board of Commissioners 12 of the sanitary district. 13 "Sewage" means water-carried human wastes or a 14 combination of water-carried wastes from residences, 15 buildings, businesses, industrial establishments, 16 institutions, or other places together with any ground, 17 surface, storm, or other water that may be present. 18 "Industrial Wastes" means all solids, liquids, or gaseous 19 wastes resulting from any commercial, industrial, 20 manufacturing, agricultural, trade, or business operation or 21 process, or from the development, recovery, or processing of 22 natural resources. 23 "Other Wastes" means decayed wood, sawdust, shavings, 24 bark, lime, refuse, ashes, garbage, offal, oil, tar, 25 chemicals, and all other substances except sewage and 26 industrial wastes. 27 "Person" means any individual, firm, association, joint 28 venture, sole proprietorship, company, partnership, estate 29 copartnership, corporation, joint stock company, trust, 30 school district, unit of local government, or private 31 corporation organized or existing under the laws of this or HB0819 Engrossed -2- LRB9103035DHmg 1 any other state or country. 2 "General Superintendent" means the general superintendent 3 of the sanitary district. 4 (b) It shall be unlawful for any person to discharge 5 sewage, industrial waste, or other wastes into the sewerage 6 system of a sanitary district or into any sewer connected 7 therewith, except upon the terms and conditions that the 8 sanitary district might reasonably impose by way of 9 ordinance, permit, or otherwise. 10 Any sanitary district, in addition to all other powers 11 vested in it and in the interest of public health and safety, 12 or as authorized by subsections (b) and (c) of Section 46 of 13 the Environmental Protection Act, is hereby empowered to pass 14 all ordinances, rules, or regulations necessary to implement 15 this Section, including but not limited to, the imposition of 16 charges based on factors that influence the cost of 17 treatment, including strength and volume, and including the 18 right of access during reasonable hours to the premises of a 19 person for enforcement of adopted ordinances, rules, or 20 regulations. 21 (c) Whenever the sanitary district acting through the 22 general superintendent determines that sewage, industrial 23 wastes, or other wastes are being discharged into the 24 sewerage system and when, in the opinion of the general 25 superintendent the discharge is in violation of an ordinance, 26 rules, or regulations adopted by the Board of Commissioners 27 under this Section governing industrial wastes or other 28 wastes, the general superintendent shall order the offending 29 party to cease and desist. The order shall be served by 30 certified mail or personally on the owner, officer, 31 registered agent, or individual designated by permit. 32 In the event the offending party fails or refuses to 33 discontinue the discharge within 90 days after notification 34 of the cease and desist order, the general superintendent HB0819 Engrossed -3- LRB9103035DHmg 1 may order the offending party to show cause before the Board 2 of Commissioners of the sanitary district why the discharge 3 should not be discontinued. A notice shall be served on the 4 offending party directing him, her, or it to show cause 5 before the Board of Commissioners why an order should not be 6 entered directing the discontinuance of the discharge. The 7 notice shall specify the time and place where a hearing will 8 be held and shall be served personally or by registered or 9 certified mail at least 10 days before the hearing; and in 10 the case of a unit of local government or a corporation the 11 service shall be upon an officer or agent thereof. After 12 reviewing the evidence, the Board of Commissioners may issue 13 an order to the party responsible for the discharge, 14 directing that within a specified period of time the 15 discharge be discontinued. The Board of Commissioners may 16 also order the party responsible for the discharge to pay a 17 civil penalty in an amount specified by the Board of 18 Commissioners that is not less than $100 nor more than $2,000 19 per day for each day of discharge of effluent in violation of 20 this Act as provided in subsection (d). The Board of 21 Commissioners may also order the party responsible for the 22 violation to pay court reporter costs and hearing officer 23 fees in a total amount not exceeding $3,000. 24 (d) The Board of Commissioners shall establish 25 procedures for assessing civil penalties and issuing orders 26 under subsection (c) as follows: 27 (1) In making its orders and determinations, the 28 Board of Commissioners shall take into consideration all 29 the facts and circumstances bearing on the activities 30 involved and the assessment of civil penalties as shown 31 by the record produced at the hearing. 32 (2) The Board of Commissioners shall establish a 33 panel of independent hearing officers to conduct all 34 hearings on the assessment of civil penalties and HB0819 Engrossed -4- LRB9103035DHmg 1 issuance of orders under subsection (c). The hearing 2 officers shall be attorneys licensed to practice law in 3 this State. 4 (3) The Board of Commissioners shall promulgate 5 procedural rules governing the proceedings, the 6 assessment of civil penalties, and the issuance of 7 orders. 8 (4) All hearings shall be on the record, and 9 testimony taken must be under oath and recorded 10 stenographically. Transcripts so recorded must be made 11 available to any member of the public or any party to the 12 hearing upon payment of the usual charges for 13 transcripts. At the hearing, the hearing officer may 14 issue, in the name of the Board of Commissioners, notices 15 of hearing requesting the attendance and testimony of 16 witnesses and the production of evidence relevant to any 17 matter involved in the hearing and may examine witnesses. 18 (5) The hearing officer shall conduct a full and 19 impartial hearing on the record, with an opportunity for 20 the presentation of evidence and cross-examination of the 21 witnesses. The hearing officer shall issue findings of 22 fact, conclusions of law, a recommended civil penalty, 23 and an order based solely on the record. The hearing 24 officer may also recommend, as part of the order, that 25 the discharge of industrial waste be discontinued within 26 a specified time. 27 (6) The findings of fact, conclusions of law, 28 recommended civil penalty, and order shall be transmitted 29 to the Board of Commissioners along with a complete 30 record of the hearing. 31 (7) The Board of Commissioners shall either approve 32 or disapprove the findings of fact, conclusions of law, 33 recommended civil penalty, and order. If the findings of 34 fact, conclusions of law, recommended civil penalty, or HB0819 Engrossed -5- LRB9103035DHmg 1 order are rejected, the Board of Commissioners shall 2 remand the matter to the hearing officer for further 3 proceedings. If the order is accepted by the Board of 4 Commissioners, it shall constitute the final order of the 5 Board of Commissioners. 6 (8) (Blank.)The Administrative Review Law, and7the rules adopted under that Law, shall govern all8proceedings for the judicial review of final orders of9the Board of Commissioners issued under this subsection.10 (9) The civil penalty specified by the Board of 11 Commissioners shall be paid within 35 days after the 12 party on whom it is imposed receives a written copy of 13 the order of the Board of Commissioners, unless the 14 person or persons to whom the order is issued seeks 15 judicial review under paragraph (8). 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 21 bond guaranteeing payment of the civil penalties if the 22 civil penalties are upheld on review. 23 (11) Civil penalties not paid by the times 24 specified above shall be delinquent and subject to a lien 25 recorded against the property of the person ordered to 26 pay the penalty. The foregoing provisions for asserting 27 liens against real estate by the sanitary district shall 28 be in addition to and not in derogation of any other 29 remedy or right of recovery, in law or equity, that the 30 sanitary district may have with respect to the collection 31 or recovery of penalties and charges imposed by the 32 sanitary district. Judgment in a civil action brought by 33 the sanitary district to recover or collect the charges 34 shall not operate as a release and waiver of the lien HB0819 Engrossed -6- LRB9103035DHmg 1 upon the real estate for the amount of the judgment. 2 Only satisfaction of the judgment or the filing of a 3 release or satisfaction of lien shall release the lien. 4 (e) The general superintendent may order a person to 5 cease the discharge of industrial waste upon a finding by the 6 general superintendent that the final order of the Board of 7 Commissioners entered after a hearing to show cause has been 8 violated. The general superintendent shall serve the person 9 with a copy of his or her order either by certified mail or 10 personally by serving the owner, officer, registered agent, 11 or individual designated by permit. The order of the general 12 superintendent shall also schedule an expedited hearing 13 before a hearing officer designated by the Board of 14 Commissioners for the purpose of determining whether the 15 company has violated the final order of the Board of 16 Commissioners. The Board of Commissioners shall adopt rules 17 of procedure governing expedited hearings. In no event shall 18 the hearing be conducted less than 7 days after receipt by 19 the person of the general superintendent's order. 20 At the conclusion of the expedited hearing, the hearing 21 officer shall prepare a report with his or her findings and 22 recommendations and transmit it to the Board of 23 Commissioners. If the Board of Commissioners, after 24 reviewing the findings and recommendations, and the record 25 produced at the hearings, determines that the person has 26 violated the Board of Commissioner's final order, the Board 27 of Commissioners may authorize the plugging of the sewer. 28 The general superintendent shall give not less than 10 days 29 written notice of the Board of Commissioner's order to the 30 owner, officer, registered agent, or individual designated by 31 permit, as well as the owner of record of the real estate and 32 other parties known to be affected, that the sewer will be 33 plugged.The Administrative Review Law, and the rules adopted34under that Law, shall govern all proceedings for the judicialHB0819 Engrossed -7- LRB9103035DHmg 1review of final orders of the Board of Commissioners issued2under this subsection.3 The foregoing provision for plugging a sewer shall be in 4 addition to and not in derogation of any other remedy, in law 5 or in equity, that the district may have to prevent violation 6 of its ordinances and orders of its Board of Commissioners. 7 (f) A violation of the final order of the Board of 8 Commissioners shall be considered a nuisance. If any person 9 discharges sewage, industrial wastes, or other wastes into 10 any waters contrary to the final order of the Board of 11 Commissioners, the sanitary district acting through the 12 general superintendent has the power to commence an action or 13 proceeding in the circuit court in and for the county in 14 which the sanitary district is located for the purpose of 15 having the discharge stopped either by mandamus or 16 injunction, or to remedy the violation in any manner provided 17 for in this Section. 18 The court shall specify a time, not exceeding 20 days 19 after the service of the copy of the complaint, in which the 20 party complained of must plead to the complaint, and in the 21 meantime, the party may be restrained. In case of default or 22 after pleading, the court shall immediately inquire into the 23 facts and circumstances of the case and enter an appropriate 24 judgment in respect to the matters complained of. Appeals 25 may be taken as in other civil cases. 26 (g) The sanitary district, acting through the general 27 superintendent, has the power to commence an action or 28 proceeding for mandamus or injunction in the circuit court 29 ordering a person to cease its discharge, when, in the 30 opinion of the general superintendent, the person's discharge 31 presents an imminent danger to the public health, welfare, or 32 safety, presents or may present an endangerment to the 33 environment, or threatens to interfere with the operation of 34 the sewerage system or a water reclamation plant under the HB0819 Engrossed -8- LRB9103035DHmg 1 jurisdiction of the sanitary district. The initiation of a 2 show cause hearing is not a prerequisite to the commencement 3 by the sanitary district of an action or proceeding for 4 mandamus or injunction in the circuit court. The court shall 5 specify a time, not exceeding 20 days after the service of a 6 copy of the petition, in which the party complained of must 7 answer the petition, and in the meantime, the party may be 8 restrained. In case of default in answer or after answer, 9 the court shall immediately inquire into the facts and 10 circumstances of the case and enter an appropriate judgment 11 order in respect to the matters complained of. An appeal may 12 be taken from the final judgment in the same manner and with 13 the same effect as appeals are taken from judgment of the 14 circuit court in other actions for mandamus or injunction. 15 (h) Whenever the sanitary district commences an action 16 under subsection (f) of this Section, the court shall assess 17 a civil penalty of not less than $1,000 nor more than $10,000 18 for each day the person violates a Board order. Whenever the 19 sanitary district commences an action under subsection (g) of 20 this Section, the court shall assess a civil penalty of not 21 less than $1,000 nor more than $10,000 for each day the 22 person violates the ordinance. Each day's continuance of the 23 violation is a separate offense. The penalties provided in 24 this Section plus interest at the rate set forth in the 25 Interest Act on unpaid penalties, costs, and fees, imposed by 26 the Board of Commissioners under subsection (d), the 27 reasonable costs to the sanitary district of removal or other 28 remedial action caused by discharges in violation of this 29 Act, reasonable attorney's fees, court costs, and other 30 expenses of litigation together with costs for inspection, 31 sampling, analysis, and administration related to the 32 enforcement action against the offending party are 33 recoverable by the sanitary district in a civil action. 34 (i) The Board of Commissioners may establish fees for HB0819 Engrossed -9- LRB9103035DHmg 1 late filing of reports with the sanitary district required by 2 an ordinance governing discharges. The sanitary district 3 shall provide by certified mail a written notice of the fee 4 assessment that states the person has 30 days after the 5 receipt of the notice to request a conference with the 6 general superintendent's designee to discuss or dispute the 7 appropriateness of the assessed fee. Unless a person objects 8 to paying the fee for filing a report late by timely 9 requesting in writing a conference with a designee of the 10 general superintendent, that person waives his or her right 11 to a conference and the sanitary district may impose a lien 12 recorded against the property of the person for the amount of 13 the unpaid fee. 14 If a person requests a conference and the matter is not 15 resolved at the conference, the person subject to the fee may 16 request an administrative hearing before an impartial hearing 17 officer appointed under subsection (d) to determine the 18 person's liability for and the amount of the fee. 19 If the hearing officer finds that the late filing fees 20 are owed to the sanitary district, the sanitary district 21 shall notify the responsible person or persons of the hearing 22 officer's decision. If payment is not made within 30 days 23 after the notice, the sanitary district may impose a lien on 24 the property of the person or persons. 25 Any liens filed under this subsection shall apply only to 26 the property to which the late filing fees are related. A 27 claim for lien shall be filed in the office of the recorder 28 of the county in which the property is located. The filing 29 of a claim for lien by the district does not prevent the 30 sanitary district from pursuing other means for collecting 31 late filing fees. If a claim for lien is filed, the sanitary 32 district shall notify the person whose property is subject to 33 the lien, and the person may challenge the lien by filing an 34 action in the circuit court. The action shall be filed HB0819 Engrossed -10- LRB9103035DHmg 1 within 90 days after the person receives the notice of the 2 filing of the claim for lien. The court shall hear evidence 3 concerning the underlying reasons for the lien only if an 4 administrative hearing has not been held under this 5 subsection. 6 (j) If the provisions of any paragraph of this Section 7 are declared unconstitutional or invalid by the final 8 decision of any court of competent jurisdiction, the 9 provisions of the remaining paragraphs continue in effect. 10 (k) Nothing in this Section eliminates any of the powers 11 now granted to municipalities having a population of 500,000 12 or more as to design, preparation of plans, and construction, 13 maintenance, and operation of sewers and sewerage systems, or 14 for the control and elimination or prevention of the 15 pollution of their waters or waterways, in the Illinois 16 Municipal Code or any other Act of the State of Illinois. 17 (l) The provisions of the Administrative Review Law and 18 all amendments and rules adopted pursuant to that Law apply 19 to and govern all proceedings for the judicial review of 20 final administrative decisions of the Board of Commissioners 21 in the enforcement of any ordinance, rule, or regulation 22 adopted under this Act. 23 (Source: P.A. 90-354, eff. 8-8-97.)