State of Illinois
91st General Assembly
Legislation

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91_SB0959

 
                                               SRS91S0043PMcb

 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
 
                            -2-                SRS91S0043PMcb
 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  ,  welfare
12    and  safety,  or  as authorized by subsections (b) and (c) of
13    Section 46 of the Environmental  Protection  Act,  is  hereby
14    empowered  to  pass  all  ordinances,  rules,  or regulations
15    necessary  to  implement  this  Section,  including  but  not
16    limited to, the imposition of charges based on  factors  that
17    influence  the  cost  of  treatment,  including  strength and
18    volume, and including the right of access  during  reasonable
19    hours  to the premises of a person for enforcement of adopted
20    ordinances, rules, or 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
 
                            -3-                SRS91S0043PMcb
 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
 
                            -4-                SRS91S0043PMcb
 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
 
                            -5-                SRS91S0043PMcb
 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)  The Administrative Review Law,  and  the  rules
 7        adopted  under that Law, shall govern all proceedings for
 8        the judicial review of  final  orders  of  the  Board  of
 9        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
 
                            -6-                SRS91S0043PMcb
 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 adopted
34    under that Law, shall govern all proceedings for the judicial
 
                            -7-                SRS91S0043PMcb
 1    review of final orders of the Board of  Commissioners  issued
 2    under 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
 
                            -8-                SRS91S0043PMcb
 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
 
                            -9-                SRS91S0043PMcb
 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
 
                            -10-               SRS91S0043PMcb
 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    (Source: P.A. 90-354, eff. 8-8-97.)

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