Illinois General Assembly - Full Text of HB4889
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Full Text of HB4889  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/3/2012, by Rep. Tom Cross - Joe Sosnowski


55 ILCS 5/5-1062  from Ch. 34, par. 5-1062

    Amends the Counties Code. Makes a technical change in a Section concerning stormwater management.

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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 Counties Code is amended by changing Section
55-1062 as follows:
6    (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
7    Sec. 5-1062. Stormwater management.
8    (a) The The purpose of this Section is to allow management
9and mitigation of the effects of urbanization on stormwater
10drainage in metropolitan counties located in the area served by
11the Northeastern Illinois Planning Commission, and references
12to "county" in this Section shall apply only to those counties.
13This Section shall not apply to any county with a population in
14excess of 1,500,000, except as provided in subsection (c). The
15purpose of this Section shall be achieved by:
16        (1) consolidating the existing stormwater management
17    framework into a united, countywide structure;
18        (2) setting minimum standards for floodplain and
19    stormwater management; and
20        (3) preparing a countywide plan for the management of
21    stormwater runoff, including the management of natural and
22    man-made drainageways. The countywide plan may incorporate
23    watershed plans.



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1    (b) A stormwater management planning committee shall be
2established by county board resolution, with its membership
3consisting of equal numbers of county board and municipal
4representatives from each county board district, and such other
5members as may be determined by the county and municipal
6members. However, if the county has more than 6 county board
7districts, the county board may by ordinance divide the county
8into not less than 6 areas of approximately equal population,
9to be used instead of county board districts for the purpose of
10determining representation on the stormwater management
11planning committee.
12    The county board members shall be appointed by the chairman
13of the county board. Municipal members from each county board
14district or other represented area shall be appointed by a
15majority vote of the mayors of those municipalities which have
16the greatest percentage of their respective populations
17residing in such county board district or other represented
18area. All municipal and county board representatives shall be
19entitled to a vote; the other members shall be nonvoting
20members, unless authorized to vote by the unanimous consent of
21the municipal and county board representatives. A municipality
22that is located in more than one county may choose, at the time
23of formation of the stormwater management planning committee
24and based on watershed boundaries, to participate in the
25stormwater management planning program of either or both of the
26counties. Subcommittees of the stormwater management planning



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1committee may be established to serve a portion of the county
2or a particular drainage basin that has similar stormwater
3management needs. The stormwater management planning committee
4shall adopt by-laws, by a majority vote of the county and
5municipal members, to govern the functions of the committee and
6its subcommittees. Officers of the committee shall include a
7chair and vice chair, one of whom shall be a county
8representative and one a municipal representative.
9    The principal duties of the committee shall be to develop a
10stormwater management plan for presentation to and approval by
11the county board, and to direct the plan's implementation and
12revision. The committee may retain engineering, legal and
13financial advisors and inspection personnel. The committee
14shall meet at least quarterly and shall hold at least one
15public meeting during the preparation of the plan and prior to
16its submittal to the county board.
17    (c) In the preparation of a stormwater management plan, a
18county stormwater management planning committee shall
19coordinate the planning process with each adjoining county to
20ensure that recommended stormwater projects will have no
21significant impact on the levels or flows of stormwaters in
22inter-county watersheds or on the capacity of existing and
23planned stormwater retention facilities. An adopted stormwater
24management plan shall identify steps taken by the county to
25coordinate the development of plan recommendations with
26adjoining counties.



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1    (d) Before the stormwater management planning committee
2recommends to the county board a stormwater management plan for
3the county or a portion thereof, it shall submit the plan to
4the Office of Water Resources of the Department of Natural
5Resources and to the Northeastern Illinois Planning Commission
6for review and recommendations. The Office and the Commission,
7in reviewing the plan, shall consider such factors as impacts
8on the levels or flows in rivers and streams and the cumulative
9effects of stormwater discharges on flood levels. The Office of
10Water Resources shall determine whether the plan or ordinances
11enacted to implement the plan complies with the requirements of
12subsection (f). Within a period not to exceed 60 days, the
13review comments and recommendations shall be submitted to the
14stormwater management planning committee for consideration.
15Any amendments to the plan shall be submitted to the Office and
16the Commission for review.
17    (e) Prior to recommending the plan to the county board, the
18stormwater management planning committee shall hold at least
19one public hearing thereon and shall afford interested persons
20an opportunity to be heard. The hearing shall be held in the
21county seat. Notice of the hearing shall be published at least
22once no less than 15 days in advance thereof in a newspaper of
23general circulation published in the county. The notice shall
24state the time and place of the hearing and the place where
25copies of the proposed plan will be accessible for examination
26by interested parties. If an affected municipality having a



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1stormwater management plan adopted by ordinance wishes to
2protest the proposed county plan provisions, it shall appear at
3the hearing and submit in writing specific proposals to the
4stormwater management planning committee. After consideration
5of the matters raised at the hearing, the committee may amend
6or approve the plan and recommend it to the county board for
8    The county board may enact the proposed plan by ordinance.
9If the proposals for modification of the plan made by an
10affected municipality having a stormwater management plan are
11not included in the proposed county plan, and the municipality
12affected by the plan opposes adoption of the county plan by
13resolution of its corporate authorities, approval of the county
14plan shall require an affirmative vote of at least two-thirds
15of the county board members present and voting. If the county
16board wishes to amend the county plan, it shall submit in
17writing specific proposals to the stormwater management
18planning committee. If the proposals are not approved by the
19committee, or are opposed by resolution of the corporate
20authorities of an affected municipality having a municipal
21stormwater management plan, amendment of the plan shall require
22an affirmative vote of at least two-thirds of the county board
23members present and voting.
24    (f) The county board may prescribe by ordinance reasonable
25rules and regulations for floodplain management and for
26governing the location, width, course and release rate of all



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1stormwater runoff channels, streams and basins in the county,
2in accordance with the adopted stormwater management plan.
3These rules and regulations shall, at a minimum, meet the
4standards for floodplain management established by the Office
5of Water Resources and the requirements of the Federal
6Emergency Management Agency for participation in the National
7Flood Insurance Program.
8    (g) In accordance with, and if recommended in, the adopted
9stormwater management plan, the county board may adopt a
10schedule of fees as may be necessary to mitigate the effects of
11increased stormwater runoff resulting from new development.
12The fees shall not exceed the cost of satisfying the onsite
13stormwater retention or detention requirements of the adopted
14stormwater management plan. The fees shall be used to finance
15activities undertaken by the county or its included
16municipalities to mitigate the effects of urban stormwater
17runoff by providing regional stormwater retention or detention
18facilities, as identified in the county plan. All such fees
19collected by the county shall be held in a separate fund, and
20shall be expended only in the watershed within which they were
22    (h) For the purpose of implementing this Section and for
23the development, design, planning, construction, operation and
24maintenance of stormwater facilities provided for in the
25stormwater management plan, a county board that has established
26a stormwater management planning committee pursuant to this



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1Section may cause an annual tax of not to exceed 0.20% of the
2value, as equalized or assessed by the Department of Revenue,
3of all taxable property in the county to be levied upon all the
4taxable property in the county. The tax shall be in addition to
5all other taxes authorized by law to be levied and collected in
6the county and shall be in addition to the maximum tax rate
7authorized by law for general county purposes. The 0.20%
8limitation provided in this Section may be increased or
9decreased by referendum in accordance with the provisions of
10Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
11    Any revenues generated as a result of ownership or
12operation of facilities or land acquired with the tax funds
13collected pursuant to this subsection (h) shall be held in a
14separate fund and be used either to abate such property tax or
15for implementing this Section.
16    However, unless at least part of the county has been
17declared after July 1, 1986 by presidential proclamation to be
18a disaster area as a result of flooding, the tax authorized by
19this subsection (h) shall not be levied until the question of
20its adoption, either for a specified period or indefinitely,
21has been submitted to the electors thereof and approved by a
22majority of those voting on the question. This question may be
23submitted at any election held in the county after the adoption
24of a resolution by the county board providing for the
25submission of the question to the electors of the county. The
26county board shall certify the resolution and proposition to



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1the proper election officials, who shall submit the proposition
2at an election in accordance with the general election law. If
3a majority of the votes cast on the question is in favor of the
4levy of the tax, it may thereafter be levied in the county for
5the specified period or indefinitely, as provided in the
6proposition. The question shall be put in substantially the
7following form:
9    Shall an annual tax be levied
10for stormwater management purposes            YES
11(for a period of not more than
12...... years) at a rate not exceeding      ------------------
13.....% of the equalized assessed
14value of the taxable property of              NO
15........ County?
17    (i) Upon the creation and implementation of a county
18stormwater management plan, the county may petition the circuit
19court to dissolve any or all drainage districts created
20pursuant to the Illinois Drainage Code or predecessor Acts
21which are located entirely within the area of the county
22covered by the plan.
23    However, any active drainage district implementing a plan
24that is consistent with and at least as stringent as the county
25stormwater management plan may petition the stormwater
26management planning committee for exception from dissolution.



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1Upon filing of the petition, the committee shall set a date for
2hearing not less than 2 weeks, nor more than 4 weeks, from the
3filing thereof, and the committee shall give at least one
4week's notice of the hearing in one or more newspapers of
5general circulation within the district, and in addition shall
6cause a copy of the notice to be personally served upon each of
7the trustees of the district. At the hearing, the committee
8shall hear the district's petition and allow the district
9trustees and any interested parties an opportunity to present
10oral and written evidence. The committee shall render its
11decision upon the petition for exception from dissolution based
12upon the best interests of the residents of the district. In
13the event that the exception is not allowed, the district may
14file a petition within 30 days of the decision with the circuit
15court. In that case, the notice and hearing requirements for
16the court shall be the same as herein provided for the
17committee. The court shall likewise render its decision of
18whether to dissolve the district based upon the best interests
19of residents of the district.
20    The dissolution of any drainage district shall not affect
21the obligation of any bonds issued or contracts entered into by
22the district nor invalidate the levy, extension or collection
23of any taxes or special assessments upon the property in the
24former drainage district. All property and obligations of the
25former drainage district shall be assumed and managed by the
26county, and the debts of the former drainage district shall be



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1discharged as soon as practicable.
2    If a drainage district lies only partly within a county
3that adopts a county stormwater management plan, the county may
4petition the circuit court to disconnect from the drainage
5district that portion of the district that lies within that
6county. The property of the drainage district within the
7disconnected area shall be assumed and managed by the county.
8The county shall also assume a portion of the drainage
9district's debt at the time of disconnection, based on the
10portion of the value of the taxable property of the drainage
11district which is located within the area being disconnected.
12    The operations of any drainage district that continues to
13exist in a county that has adopted a stormwater management plan
14in accordance with this Section shall be in accordance with the
15adopted plan.
16    (j) Any county that has adopted a county stormwater
17management plan under this Section may, after 10 days written
18notice to the owner or occupant, enter upon any lands or waters
19within the county for the purpose of inspecting stormwater
20facilities or causing the removal of any obstruction to an
21affected watercourse. The county shall be responsible for any
22damages occasioned thereby.
23    (k) Upon petition of the municipality, and based on a
24finding of the stormwater management planning committee, the
25county shall not enforce rules and regulations adopted by the
26county in any municipality located wholly or partly within the



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1county that has a municipal stormwater management ordinance
2that is consistent with and at least as stringent as the county
3plan and ordinance, and is being enforced by the municipal
5    (l) A county may issue general obligation bonds for
6implementing any stormwater plan adopted under this Section in
7the manner prescribed in Section 5-1012; except that the
8referendum requirement of Section 5-1012 shall not apply to
9bonds issued pursuant to this Section on which the principal
10and interest are to be paid entirely out of funds generated by
11the taxes and fees authorized by this Section.
12    (m) The powers authorized by this Section may be
13implemented by the county board for a portion of the county
14subject to similar stormwater management needs.
15    (n) The powers and taxes authorized by this Section are in
16addition to the powers and taxes authorized by Division 5-15;
17in exercising its powers under this Section, a county shall not
18be subject to the restrictions and requirements of that
20    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
21Article VII of the Illinois Constitution, this Section
22specifically denies and limits the exercise of any power which
23is inconsistent herewith by home rule units in any county with
24a population of less than 1,500,000 in the area served by the
25Northeastern Illinois Planning Commission. This Section does
26not prohibit the concurrent exercise of powers consistent



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2(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)