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| Public Act 097-0298 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Water Reclamation District Act | ||||
is amended by changing Section 7a as follows:
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(70 ILCS 2605/7a) (from Ch. 42, par. 326a)
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Sec. 7a. Discharge into sewers of a sanitary district.
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(a) The terms used
in this Section are defined as follows:
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"Board of Commissioners" means the Board of Commissioners | ||||
of the
sanitary district.
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"Sewage" means water-carried human wastes or a combination | ||||
of
water-carried wastes from residences, buildings, | ||||
businesses, industrial
establishments, institutions, or other | ||||
places together with any ground,
surface,
storm, or other water | ||||
that may be present.
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"Industrial Wastes" means all solids, liquids, or gaseous | ||||
wastes
resulting from any commercial, industrial, | ||||
manufacturing, agricultural, trade,
or
business operation or | ||||
process, or from the development, recovery, or processing
of | ||||
natural resources.
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"Other Wastes" means decayed wood, sawdust, shavings, | ||||
bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals, | ||||
and all other substances
except
sewage and industrial wastes.
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"Person" means any individual, firm, association, joint | ||
venture,
sole proprietorship, company, partnership, estate | ||
copartnership, corporation,
joint stock company, trust, school | ||
district,
unit of local government, or private corporation | ||
organized or existing under
the laws of this or any other state | ||
or country.
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"Executive Director" means the executive director of the
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sanitary district.
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(b) It shall be unlawful for any person to discharge | ||
sewage, industrial
waste, or other wastes into the sewerage | ||
system of a sanitary district or into
any sewer connected | ||
therewith, except upon the terms and conditions that the
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sanitary district might reasonably impose by way of ordinance, | ||
permit, or
otherwise.
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Any sanitary district, in addition to all other powers | ||
vested in it and in
the interest of public health and safety, | ||
or as authorized by subsections (b)
and (c) of Section 46 of | ||
the Environmental Protection Act, is hereby empowered
to pass | ||
all ordinances, rules, or regulations necessary to implement | ||
this
Section, including but not limited to, the imposition of | ||
charges based on
factors that influence the cost of treatment, | ||
including strength and volume,
and including the right of | ||
access during reasonable hours to the premises of a
person for | ||
enforcement of adopted ordinances, rules, or regulations.
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(c) Whenever the sanitary district acting through the | ||
executive director
determines that sewage, industrial wastes, | ||
or other wastes are being discharged
into the sewerage system | ||
and when, in the opinion of the executive director
the | ||
discharge is in violation of an ordinance, rules, or | ||
regulations adopted by
the Board of Commissioners under this | ||
Section governing industrial wastes or
other wastes, the | ||
executive director shall order the offending party to cease and | ||
desist. The order
shall be served by certified mail or | ||
personally
on the owner, officer, registered agent, or | ||
individual designated by permit.
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In the event the offending party fails or refuses to | ||
discontinue the
discharge within 90 days after notification of | ||
the cease and desist order, the executive director
may order | ||
the offending party to show
cause before the Board of | ||
Commissioners of the sanitary district why the
discharge should | ||
not be discontinued. A notice shall be served on the
offending | ||
party directing him, her, or it to show cause before the Board | ||
of
Commissioners why an order should not be entered directing | ||
the discontinuance
of the discharge. The 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 | ||
10
days before the hearing; and in the case of a unit of local | ||
government or a
corporation the service shall be upon an | ||
officer or agent thereof. After
reviewing the evidence, the | ||
Board of Commissioners may issue an order to the
party | ||
responsible for the discharge, directing that within a | ||
specified period
of
time the
discharge be discontinued. The | ||
Board of Commissioners may also order the party
responsible for | ||
the discharge to pay a civil penalty in an amount specified
by | ||
the Board of Commissioners that is not less than $1,000 $100 | ||
nor more than $2,000
per day for each day of discharge of | ||
effluent in violation of this Act as
provided in subsection | ||
(d). The Board of Commissioners may also order the
party | ||
responsible for the violation to pay court reporter costs and | ||
hearing
officer fees in a total amount not exceeding $3,000.
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(d) The Board of Commissioners shall establish procedures | ||
for assessing
civil penalties and issuing orders under | ||
subsection (c) as follows:
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(1) In making its orders and determinations, the Board | ||
of Commissioners
shall take into consideration all the | ||
facts and circumstances bearing on the
activities involved | ||
and the assessment of civil penalties as shown by the
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record produced at the hearing.
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(2) The Board of Commissioners shall establish a panel | ||
of independent
hearing officers to conduct all hearings on | ||
the assessment of civil penalties
and issuance of orders | ||
under subsection (c). The hearing officers shall be
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attorneys licensed to practice law in this State.
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(3) The Board of Commissioners shall promulgate | ||
procedural rules governing
the proceedings, the assessment | ||
of civil penalties, and the issuance of orders.
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(4) All hearings shall be on the record, and testimony | ||
taken must be under
oath and recorded stenographically. | ||
Transcripts so recorded must be made
available to any | ||
member of the public or any party to the hearing upon | ||
payment
of the usual charges for transcripts. At the | ||
hearing, the hearing officer may
issue, in the name of the | ||
Board of Commissioners, notices of hearing requesting
the | ||
attendance and testimony of witnesses and the production of | ||
evidence
relevant to any matter involved in the hearing and | ||
may examine witnesses.
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(5) The hearing officer shall conduct a full and | ||
impartial hearing on the
record, with an opportunity for | ||
the presentation
of evidence and cross-examination of the | ||
witnesses. The hearing officer shall
issue findings of | ||
fact, conclusions of law, a recommended civil penalty, and | ||
an
order based solely on the record. The hearing officer | ||
may also recommend, as
part of the order, that the | ||
discharge of industrial waste be discontinued
within a | ||
specified time.
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(6) The findings of fact, conclusions of law, | ||
recommended civil penalty,
and
order shall be transmitted | ||
to the Board of Commissioners along with
a complete record | ||
of the hearing.
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(7) The Board of Commissioners shall either approve or | ||
disapprove the
findings
of fact, conclusions of law, | ||
recommended civil penalty, and order. If the
findings of | ||
fact, conclusions of law, recommended civil penalty, or | ||
order are
rejected,
the Board of Commissioners shall remand | ||
the matter to the hearing officer for
further proceedings. | ||
If the order is accepted by the Board of Commissioners, it
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shall constitute the final order of the Board of | ||
Commissioners.
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(8) (Blank).
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(9) The civil penalty specified by the Board of | ||
Commissioners shall be
paid
within 35 days after the party | ||
on whom it is imposed receives a written copy
of the order | ||
of the Board of Commissioners, unless the person or persons | ||
to
whom the order is issued seeks judicial review.
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(10) If the respondent seeks judicial review of the | ||
order assessing civil
penalties, the respondent shall, | ||
within 35 days after the date of the final
order, pay the | ||
amount of the civil penalties into an escrow account | ||
maintained
by the district for that purpose or file a bond | ||
guaranteeing payment of the
civil
penalties if the civil | ||
penalties are upheld on review.
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(11) Civil penalties not paid by the times specified | ||
above shall be
delinquent
and subject to a lien recorded | ||
against the property of the person ordered to
pay the | ||
penalty.
The foregoing provisions for asserting liens | ||
against real estate by the
sanitary
district shall be in | ||
addition to and not in derogation of any other remedy or
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right of
recovery, in law or equity, that the sanitary | ||
district may have with respect
to the collection
or | ||
recovery of penalties and charges imposed by the sanitary | ||
district.
Judgment in a civil action brought by the | ||
sanitary district to recover or
collect the charges shall | ||
not operate as a release and waiver of the 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.
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(e) The executive director may order a person to cease the | ||
discharge of
industrial waste upon a finding by the executive | ||
director that the final
order of the Board of Commissioners | ||
entered after a hearing to show cause has
been violated. The | ||
executive director shall serve the person with a copy
of his or | ||
her order either by certified mail or personally by serving
the | ||
owner, officer, registered agent, or individual designated by | ||
permit.
The order of the executive director shall also
schedule | ||
an expedited hearing before a hearing officer designated by
the | ||
Board of Commissioners
for the purpose of determining whether | ||
the company has violated the final order
of the Board of | ||
Commissioners. The Board of Commissioners shall adopt rules of
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procedure governing expedited hearings. In no event shall the | ||
hearing be
conducted less than 7 days after receipt by the | ||
person of the executive director's order.
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At the conclusion of the expedited hearing, the hearing | ||
officer shall prepare
a report with his or her findings and | ||
recommendations and transmit it to the
Board of
Commissioners. | ||
If the Board of Commissioners, after reviewing the findings and
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recommendations, and the record produced at the hearings, | ||
determines that the
person has violated the Board of | ||
Commissioner's final order, the Board of
Commissioners may | ||
authorize the plugging
of the sewer. The executive director | ||
shall give not less than 10 days
written notice of the Board of | ||
Commissioner's order to the owner,
officer, registered agent, | ||
or individual designated by permit, as well as the
owner of | ||
record of the real estate and other parties known to be | ||
affected, that
the
sewer will be plugged.
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The foregoing provision for plugging a sewer shall be in | ||
addition to and not
in derogation of any other remedy, in law | ||
or in equity, that the district may
have
to prevent violation | ||
of its ordinances and orders of its Board of
Commissioners.
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(f) A violation of the final order of the Board of | ||
Commissioners shall be
considered a nuisance. If any person | ||
discharges sewage, industrial wastes, or
other wastes into any | ||
waters contrary to the final order of the Board of
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Commissioners, the sanitary district acting through the | ||
executive director
has the power to commence an action or | ||
proceeding in the circuit court in and
for the county in which | ||
the sanitary district is located for the purpose of
having the | ||
discharge stopped either by mandamus or injunction, or to | ||
remedy the
violation in any manner provided for in this | ||
Section.
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The court shall specify a time, not exceeding 20 days after | ||
the service of
the copy of the complaint, in which the party | ||
complained of must plead to the
complaint, and in the meantime, | ||
the party may be restrained. In case of
default or after | ||
pleading, the court shall immediately inquire into the facts
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and circumstances of the case and enter an appropriate judgment | ||
in respect to
the matters complained of. Appeals may be taken | ||
as in other civil cases.
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(g) The sanitary district, acting through the executive | ||
director, has
the
power to commence an action or proceeding for | ||
mandamus or injunction in the
circuit court ordering a person | ||
to cease its discharge, when, in the opinion of
the executive | ||
director, the person's discharge presents an imminent danger
to | ||
the public health, welfare, or safety, presents or may present | ||
an
endangerment to the environment, or threatens to interfere | ||
with the
operation of the sewerage system or a water | ||
reclamation plant under the
jurisdiction of the sanitary | ||
district. The initiation of a show cause hearing
is not a | ||
prerequisite to the commencement by the sanitary district of an | ||
action
or proceeding for mandamus or injunction in the circuit | ||
court. The court shall
specify a time, not exceeding 20 days | ||
after the service of a 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 an 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 judgment of | ||
the
circuit court in other actions for mandamus or injunction.
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(h) Whenever the sanitary district commences an action | ||
under subsection (f)
of this Section, the court shall assess a | ||
civil penalty of not less than
$1,000 nor more than $10,000 for | ||
each day the person violates a Board order.
Whenever the | ||
sanitary district commences an action under subsection (g) of | ||
this
Section, the court shall assess a civil penalty of not | ||
less than $1,000 nor
more than $10,000 for
each day the person | ||
violates the ordinance. Each
day's continuance
of the violation | ||
is a separate offense. The penalties provided in this Section
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plus interest at the rate set forth in the Interest Act on | ||
unpaid penalties,
costs, and fees, imposed by the Board of | ||
Commissioners under subsection (d),
the reasonable costs to the | ||
sanitary district of removal or other remedial
action caused by | ||
discharges in violation of this Act, reasonable attorney's
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fees, court costs, and other expenses of litigation together | ||
with costs for
inspection, sampling, analysis, and | ||
administration related to the enforcement
action against the | ||
offending party are recoverable by the sanitary district in
a | ||
civil action.
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(i) The Board of Commissioners may establish fees for late | ||
filing of reports
with the sanitary district required by an | ||
ordinance governing discharges. The
sanitary district
shall | ||
provide by certified mail a written notice of the fee | ||
assessment that
states the person has 30 days after the receipt | ||
of the notice to request a
conference with the executive | ||
director's designee to discuss or dispute
the appropriateness | ||
of the assessed fee. Unless a person objects to paying the
fee | ||
for filing a report late by timely requesting in writing a | ||
conference with
a designee of the executive director, that | ||
person waives his or her right
to a conference and the sanitary | ||
district may impose a lien recorded against
the property of
the
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person for the amount of the unpaid fee.
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If a person requests a conference and the matter is not | ||
resolved at the
conference, the person subject to the fee may | ||
request an administrative hearing
before an impartial hearing | ||
officer appointed under subsection (d) to
determine the | ||
person's liability for and the amount of the fee.
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If the hearing officer finds that the late filing fees are | ||
owed to the
sanitary district, the sanitary district shall | ||
notify the responsible person or
persons of the hearing | ||
officer's decision. If payment is not made within 30
days after | ||
the notice, the sanitary district may impose a lien on the | ||
property
of the person or persons.
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Any liens filed under this subsection shall apply only to | ||
the property to
which the late filing fees are related. A claim | ||
for lien shall be filed in the
office of the recorder of the | ||
county in which the property is located. The
filing of a claim | ||
for lien by the district does not prevent the sanitary
district | ||
from pursuing other means for collecting late filing fees. If a | ||
claim
for lien is filed, the sanitary district shall notify the | ||
person whose property
is subject to the lien, and the person | ||
may challenge the lien by filing an
action in the circuit | ||
court. The action shall be filed within
90 days after the | ||
person receives the notice of the filing of the claim for
lien. | ||
The court shall hear evidence concerning the underlying reasons | ||
for the
lien only if an administrative hearing has not been | ||
held under this subsection.
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(j) If the provisions of any paragraph of this Section are | ||
declared
unconstitutional or invalid by the final decision of | ||
any court of competent
jurisdiction, the provisions of the | ||
remaining paragraphs continue in effect.
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(k) Nothing in this Section eliminates any of the powers | ||
now granted to
municipalities having a population of 500,000 or | ||
more as to design, preparation
of plans, and construction, | ||
maintenance, and operation of sewers and sewerage
systems, or | ||
for the control and elimination or prevention of the pollution | ||
of
their waters or waterways, in the Illinois Municipal Code or | ||
any other Act of
the State of Illinois.
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(l) The provisions of the Administrative Review Law and all | ||
amendments and
rules adopted pursuant to that Law apply to and | ||
govern all proceedings for
the judicial review of final | ||
administrative decisions of the Board of
Commissioners in the | ||
enforcement of any ordinance, rule, or regulation adopted
under | ||
this Act.
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(Source: P.A. 95-923, eff. 1-1-09; 96-328, eff. 8-11-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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