97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1781

 

Introduced 2/9/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2605/7a  from Ch. 42, par. 326a

    Amends the Metropolitan Water Reclamation District Act. Provides that, after a hearing, the board of commissioners of a sanitary district may order the party responsible for the discharge of sewage, industrial wastes, or other wastes into the district's sewerage system to pay a civil penalty in an amount that is not less than $1,000 (now, $100) nor more than $2,000 per day for each day of discharge in violation of the Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Section 7a as follows:
 
6    (70 ILCS 2605/7a)  (from Ch. 42, par. 326a)
7    Sec. 7a. Discharge into sewers of a sanitary district.
8    (a) The terms used in this Section are defined as follows:
9    "Board of Commissioners" means the Board of Commissioners
10of the sanitary district.
11    "Sewage" means water-carried human wastes or a combination
12of water-carried wastes from residences, buildings,
13businesses, industrial establishments, institutions, or other
14places together with any ground, surface, storm, or other water
15that may be present.
16    "Industrial Wastes" means all solids, liquids, or gaseous
17wastes resulting from any commercial, industrial,
18manufacturing, agricultural, trade, or business operation or
19process, or from the development, recovery, or processing of
20natural resources.
21    "Other Wastes" means decayed wood, sawdust, shavings,
22bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
23and all other substances except sewage and industrial wastes.

 

 

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1    "Person" means any individual, firm, association, joint
2venture, sole proprietorship, company, partnership, estate
3copartnership, corporation, joint stock company, trust, school
4district, unit of local government, or private corporation
5organized or existing under the laws of this or any other state
6or country.
7    "Executive Director" means the executive director of the
8sanitary district.
9    (b) It shall be unlawful for any person to discharge
10sewage, industrial waste, or other wastes into the sewerage
11system of a sanitary district or into any sewer connected
12therewith, except upon the terms and conditions that the
13sanitary district might reasonably impose by way of ordinance,
14permit, or otherwise.
15    Any sanitary district, in addition to all other powers
16vested in it and in the interest of public health and safety,
17or as authorized by subsections (b) and (c) of Section 46 of
18the Environmental Protection Act, is hereby empowered to pass
19all ordinances, rules, or regulations necessary to implement
20this Section, including but not limited to, the imposition of
21charges based on factors that influence the cost of treatment,
22including strength and volume, and including the right of
23access during reasonable hours to the premises of a person for
24enforcement of adopted ordinances, rules, or regulations.
25    (c) Whenever the sanitary district acting through the
26executive director determines that sewage, industrial wastes,

 

 

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1or other wastes are being discharged into the sewerage system
2and when, in the opinion of the executive director the
3discharge is in violation of an ordinance, rules, or
4regulations adopted by the Board of Commissioners under this
5Section governing industrial wastes or other wastes, the
6executive director shall order the offending party to cease and
7desist. The order shall be served by certified mail or
8personally on the owner, officer, registered agent, or
9individual designated by permit.
10    In the event the offending party fails or refuses to
11discontinue the discharge within 90 days after notification of
12the cease and desist order, the executive director may order
13the offending party to show cause before the Board of
14Commissioners of the sanitary district why the discharge should
15not be discontinued. A notice shall be served on the offending
16party directing him, her, or it to show cause before the Board
17of Commissioners why an order should not be entered directing
18the discontinuance of the discharge. The notice shall specify
19the time and place where a hearing will be held and shall be
20served personally or by registered or certified mail at least
2110 days before the hearing; and in the case of a unit of local
22government or a corporation the service shall be upon an
23officer or agent thereof. After reviewing the evidence, the
24Board of Commissioners may issue an order to the party
25responsible for the discharge, directing that within a
26specified period of time the discharge be discontinued. The

 

 

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1Board of Commissioners may also order the party responsible for
2the discharge to pay a civil penalty in an amount specified by
3the Board of Commissioners that is not less than $1,000 $100
4nor more than $2,000 per day for each day of discharge of
5effluent in violation of this Act as provided in subsection
6(d). The Board of Commissioners may also order the party
7responsible for the violation to pay court reporter costs and
8hearing officer fees in a total amount not exceeding $3,000.
9    (d) The Board of Commissioners shall establish procedures
10for assessing civil penalties and issuing orders under
11subsection (c) as follows:
12        (1) In making its orders and determinations, the Board
13    of Commissioners shall take into consideration all the
14    facts and circumstances bearing on the activities involved
15    and the assessment of civil penalties as shown by the
16    record produced at the hearing.
17        (2) The Board of Commissioners shall establish a panel
18    of independent hearing officers to conduct all hearings on
19    the assessment of civil penalties and issuance of orders
20    under subsection (c). The hearing officers shall be
21    attorneys licensed to practice law in this State.
22        (3) The Board of Commissioners shall promulgate
23    procedural rules governing the proceedings, the assessment
24    of civil penalties, and the issuance of orders.
25        (4) All hearings shall be on the record, and testimony
26    taken must be under oath and recorded stenographically.

 

 

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1    Transcripts so recorded must be made available to any
2    member of the public or any party to the hearing upon
3    payment of the usual charges for transcripts. At the
4    hearing, the hearing officer may issue, in the name of the
5    Board of Commissioners, notices of hearing requesting the
6    attendance and testimony of witnesses and the production of
7    evidence relevant to any matter involved in the hearing and
8    may examine witnesses.
9        (5) The hearing officer shall conduct a full and
10    impartial hearing on the record, with an opportunity for
11    the presentation of evidence and cross-examination of the
12    witnesses. The hearing officer shall issue findings of
13    fact, conclusions of law, a recommended civil penalty, and
14    an order based solely on the record. The hearing officer
15    may also recommend, as part of the order, that the
16    discharge of industrial waste be discontinued within a
17    specified time.
18        (6) The findings of fact, conclusions of law,
19    recommended civil penalty, and order shall be transmitted
20    to the Board of Commissioners along with a complete record
21    of the hearing.
22        (7) The Board of Commissioners shall either approve or
23    disapprove the findings of fact, conclusions of law,
24    recommended civil penalty, and order. If the findings of
25    fact, conclusions of law, recommended civil penalty, or
26    order are rejected, the Board of Commissioners shall remand

 

 

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1    the matter to the hearing officer for further proceedings.
2    If the order is accepted by the Board of Commissioners, it
3    shall constitute the final order of the Board of
4    Commissioners.
5        (8) (Blank).
6        (9) The civil penalty specified by the Board of
7    Commissioners shall be paid within 35 days after the party
8    on whom it is imposed receives a written copy of the order
9    of the Board of Commissioners, unless the person or persons
10    to whom the order is issued seeks judicial review.
11        (10) If the respondent seeks judicial review of the
12    order assessing civil penalties, the respondent shall,
13    within 35 days after the date of the final order, pay the
14    amount of the civil penalties into an escrow account
15    maintained by the district for that purpose or file a bond
16    guaranteeing payment of the civil penalties if the civil
17    penalties are upheld on review.
18        (11) Civil penalties not paid by the times specified
19    above shall be delinquent and subject to a lien recorded
20    against the property of the person ordered to pay the
21    penalty. The foregoing provisions for asserting liens
22    against real estate by the sanitary district shall be in
23    addition to and not in derogation of any other remedy or
24    right of recovery, in law or equity, that the sanitary
25    district may have with respect to the collection or
26    recovery of penalties and charges imposed by the sanitary

 

 

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1    district. Judgment in a civil action brought by the
2    sanitary district to recover or collect the charges shall
3    not operate as a release and waiver of the lien upon the
4    real estate for the amount of the judgment. Only
5    satisfaction of the judgment or the filing of a release or
6    satisfaction of lien shall release the lien.
7    (e) The executive director may order a person to cease the
8discharge of industrial waste upon a finding by the executive
9director that the final order of the Board of Commissioners
10entered after a hearing to show cause has been violated. The
11executive director shall serve the person with a copy of his or
12her order either by certified mail or personally by serving the
13owner, officer, registered agent, or individual designated by
14permit. The order of the executive director shall also schedule
15an expedited hearing before a hearing officer designated by the
16Board of Commissioners for the purpose of determining whether
17the company has violated the final order of the Board of
18Commissioners. The Board of Commissioners shall adopt rules of
19procedure governing expedited hearings. In no event shall the
20hearing be conducted less than 7 days after receipt by the
21person of the executive director's order.
22    At the conclusion of the expedited hearing, the hearing
23officer shall prepare a report with his or her findings and
24recommendations and transmit it to the Board of Commissioners.
25If the Board of Commissioners, after reviewing the findings and
26recommendations, and the record produced at the hearings,

 

 

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1determines that the person has violated the Board of
2Commissioner's final order, the Board of Commissioners may
3authorize the plugging of the sewer. The executive director
4shall give not less than 10 days written notice of the Board of
5Commissioner's order to the owner, officer, registered agent,
6or individual designated by permit, as well as the owner of
7record of the real estate and other parties known to be
8affected, that the sewer will be plugged.
9    The foregoing provision for plugging a sewer shall be in
10addition to and not in derogation of any other remedy, in law
11or in equity, that the district may have to prevent violation
12of its ordinances and orders of its Board of Commissioners.
13    (f) A violation of the final order of the Board of
14Commissioners shall be considered a nuisance. If any person
15discharges sewage, industrial wastes, or other wastes into any
16waters contrary to the final order of the Board of
17Commissioners, the sanitary district acting through the
18executive director has the power to commence an action or
19proceeding in the circuit court in and for the county in which
20the sanitary district is located for the purpose of having the
21discharge stopped either by mandamus or injunction, or to
22remedy the violation in any manner provided for in this
23Section.
24    The court shall specify a time, not exceeding 20 days after
25the service of the copy of the complaint, in which the party
26complained of must plead to the complaint, and in the meantime,

 

 

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1the party may be restrained. In case of default or after
2pleading, the court shall immediately inquire into the facts
3and circumstances of the case and enter an appropriate judgment
4in respect to the matters complained of. Appeals may be taken
5as in other civil cases.
6    (g) The sanitary district, acting through the executive
7director, has the power to commence an action or proceeding for
8mandamus or injunction in the circuit court ordering a person
9to cease its discharge, when, in the opinion of the executive
10director, the person's discharge presents an imminent danger to
11the public health, welfare, or safety, presents or may present
12an endangerment to the environment, or threatens to interfere
13with the operation of the sewerage system or a water
14reclamation plant under the jurisdiction of the sanitary
15district. The initiation of a show cause hearing is not a
16prerequisite to the commencement by the sanitary district of an
17action or proceeding for mandamus or injunction in the circuit
18court. The court shall specify a time, not exceeding 20 days
19after the service of a copy of the petition, in which the party
20complained of must answer the petition, and in the meantime,
21the party may be restrained. In case of default in answer or
22after answer, the court shall immediately inquire into the
23facts and circumstances of the case and enter an appropriate
24judgment order in respect to the matters complained of. An
25appeal may be taken from the final judgment in the same manner
26and with the same effect as appeals are taken from judgment of

 

 

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1the circuit court in other actions for mandamus or injunction.
2    (h) Whenever the sanitary district commences an action
3under subsection (f) of this Section, the court shall assess a
4civil penalty of not less than $1,000 nor more than $10,000 for
5each day the person violates a Board order. Whenever the
6sanitary district commences an action under subsection (g) of
7this Section, the court shall assess a civil penalty of not
8less than $1,000 nor more than $10,000 for each day the person
9violates the ordinance. Each day's continuance of the violation
10is a separate offense. The penalties provided in this Section
11plus interest at the rate set forth in the Interest Act on
12unpaid penalties, costs, and fees, imposed by the Board of
13Commissioners under subsection (d), the reasonable costs to the
14sanitary district of removal or other remedial action caused by
15discharges in violation of this Act, reasonable attorney's
16fees, court costs, and other expenses of litigation together
17with costs for inspection, sampling, analysis, and
18administration related to the enforcement action against the
19offending party are recoverable by the sanitary district in a
20civil action.
21    (i) The Board of Commissioners may establish fees for late
22filing of reports with the sanitary district required by an
23ordinance governing discharges. The sanitary district shall
24provide by certified mail a written notice of the fee
25assessment that states the person has 30 days after the receipt
26of the notice to request a conference with the executive

 

 

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1director's designee to discuss or dispute the appropriateness
2of the assessed fee. Unless a person objects to paying the fee
3for filing a report late by timely requesting in writing a
4conference with a designee of the executive director, that
5person waives his or her right to a conference and the sanitary
6district may impose a lien recorded against the property of the
7person for the amount of the unpaid fee.
8    If a person requests a conference and the matter is not
9resolved at the conference, the person subject to the fee may
10request an administrative hearing before an impartial hearing
11officer appointed under subsection (d) to determine the
12person's liability for and the amount of the fee.
13    If the hearing officer finds that the late filing fees are
14owed to the sanitary district, the sanitary district shall
15notify the responsible person or persons of the hearing
16officer's decision. If payment is not made within 30 days after
17the notice, the sanitary district may impose a lien on the
18property of the person or persons.
19    Any liens filed under this subsection shall apply only to
20the property to which the late filing fees are related. A claim
21for lien shall be filed in the office of the recorder of the
22county in which the property is located. The filing of a claim
23for lien by the district does not prevent the sanitary district
24from pursuing other means for collecting late filing fees. If a
25claim for lien is filed, the sanitary district shall notify the
26person whose property is subject to the lien, and the person

 

 

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1may challenge the lien by filing an action in the circuit
2court. The action shall be filed within 90 days after the
3person receives the notice of the filing of the claim for lien.
4The court shall hear evidence concerning the underlying reasons
5for the lien only if an administrative hearing has not been
6held under this subsection.
7    (j) If the provisions of any paragraph of this Section are
8declared unconstitutional or invalid by the final decision of
9any court of competent jurisdiction, the provisions of the
10remaining paragraphs continue in effect.
11    (k) Nothing in this Section eliminates any of the powers
12now granted to municipalities having a population of 500,000 or
13more as to design, preparation of plans, and construction,
14maintenance, and operation of sewers and sewerage systems, or
15for the control and elimination or prevention of the pollution
16of their waters or waterways, in the Illinois Municipal Code or
17any other Act of the State of Illinois.
18    (l) The provisions of the Administrative Review Law and all
19amendments and rules adopted pursuant to that Law apply to and
20govern all proceedings for the judicial review of final
21administrative decisions of the Board of Commissioners in the
22enforcement of any ordinance, rule, or regulation adopted under
23this Act.
24(Source: P.A. 95-923, eff. 1-1-09; 96-328, eff. 8-11-09.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.