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90_HB2125eng
70 ILCS 2605/7a from Ch. 42, par. 326a
70 ILCS 2605/7f from Ch. 42, par. 326f
70 ILCS 2605/7g from Ch. 42, par. 326g
70 ILCS 2605/7bb rep.
Amends the Metropolitan Water Reclamation District Act.
Prohibits the discharge of sewage, industrial waste, or other
wastes into a sanitary district's sewerage system, or the
construction, installation, or operation of a sewer or
sewerage system that discharges sewage, industrial wastes, or
other wastes into the sewage system. Provides that the Board
of Commissioners of a sanitary district may assess any
penalties against a person who makes a prohibited discharge.
Sets procedures for hearings to assess civil penalties.
Provides that the civil penalty shall be a lien on the
property of the person making the discharge. Provides that
the sanitary district may issue a permit and approve the
plans for any sewerage system that will be connected to the
sanitary district's sewage system. Deletes current
provisions empowering the sanitary district to require
municipalities to obtain approval of all plans and
specifications for the construction of sewers connecting with
the sanitary district. Provides that a person causing an
intentional discharge of industrial wastes or other wastes
through mobile or portable equipment shall be liable for the
costs of seizure, storage, and disposal of the mobile or
portable equipment. Contains other provisions. Effective
immediately.
LRB9004236MWpc
HB2125 Engrossed LRB9004236MWpc
1 AN ACT to amend the Metropolitan Water Reclamation
2 District Act by changing Sections 7a, 7f, and 7g and by
3 repealing Section 7bb.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Metropolitan Water Reclamation District
7 Act is amended by changing Sections 7a, 7f, and 7g as
8 follows:
9 (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
10 Sec. 7a. Discharge into sewers of a sanitary district.
11 (a) The terms used in this Section are defined as
12 follows:
13 "Board of Commissioners" means the Board of Commissioners
14 of the sanitary district.
15 "Sewage" means water-carried human wastes or a
16 combination of water-carried wastes from residences,
17 buildings, businesses, industrial establishments,
18 institutions, or other places together with any ground,
19 surface, storm, or other water that may be present.
20 "Industrial Wastes" means all solids, liquids, or gaseous
21 wastes resulting from any commercial, industrial,
22 manufacturing, agricultural, trade, or business operation or
23 process, or from the development, recovery, or processing of
24 natural resources.
25 "Other Wastes" means decayed wood, sawdust, shavings,
26 bark, lime, refuse, ashes, garbage, offal, oil, tar,
27 chemicals, and all other substances except sewage and
28 industrial wastes.
29 "Person" means any individual, firm, association, joint
30 venture, sole proprietorship, company, partnership, estate
31 copartnership, corporation, joint stock company, trust,
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1 school district, unit of local government, or private
2 corporation organized or existing under the laws of this or
3 any other state or country.
4 "General Superintendent" means the general superintendent
5 of the sanitary district.
6 (b) It shall be unlawful for any person to discharge
7 sewage, industrial waste, or other wastes into the sewerage
8 system of a sanitary district or into any sewer connected
9 therewith, except upon the terms and conditions that the
10 sanitary district might reasonably impose by way of
11 ordinance, permit, or otherwise.
12 Any sanitary district, in addition to all other powers
13 vested in it and in the interest of public health and safety,
14 or as authorized by subsections (b) and (c) of Section 46 of
15 the Environmental Protection Act, is hereby empowered to pass
16 all ordinances, rules, or regulations necessary to implement
17 this Section, including but not limited to, the imposition of
18 charges based on factors that influence the cost of
19 treatment, including strength and volume, and including the
20 right of access during reasonable hours to the premises of a
21 person for enforcement of adopted ordinances, rules, or
22 regulations.
23 (c) Whenever the sanitary district acting through the
24 general superintendent determines that sewage, industrial
25 wastes, or other wastes are being discharged into the
26 sewerage system and when, in the opinion of the general
27 superintendent the discharge is in violation of an ordinance,
28 rules, or regulations adopted by the Board of Commissioners
29 under this Section governing industrial wastes or other
30 wastes, the general superintendent shall order the offending
31 party to cease and desist. The order shall be served by
32 certified mail or personally on the owner, officer,
33 registered agent, or individual designated by permit.
34 In the event the offending party fails or refuses to
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1 discontinue the discharge within 90 days after notification
2 of the cease and desist order, the general superintendent
3 may order the offending party to show cause before the Board
4 of Commissioners of the sanitary district why the discharge
5 should not be discontinued. A notice shall be served on the
6 offending party directing him, her, or it to show cause
7 before the Board of Commissioners why an order should not be
8 entered directing the discontinuance of the discharge. The
9 notice shall specify the time and place where a hearing will
10 be held and shall be served personally or by registered or
11 certified mail at least 10 days before the hearing; and in
12 the case of a unit of local government or a corporation the
13 service shall be upon an officer or agent thereof. After
14 reviewing the evidence, the Board of Commissioners may issue
15 an order to the party responsible for the discharge,
16 directing that within a specified period of time the
17 discharge be discontinued. The Board of Commissioners may
18 also order the party responsible for the discharge to pay a
19 civil penalty in an amount specified by the Board of
20 Commissioners that is not less than $100 nor more than $2,000
21 per day for each day of discharge of effluent in violation of
22 this Act as provided in subsection (d). The Board of
23 Commissioners may also order the party responsible for the
24 violation to pay court reporter costs and hearing officer
25 fees in a total amount not exceeding $3,000.
26 (d) The Board of Commissioners shall establish
27 procedures for assessing civil penalties and issuing orders
28 under subsection (c) as follows:
29 (1) In making its orders and determinations, the
30 Board of Commissioners shall take into consideration all
31 the facts and circumstances bearing on the activities
32 involved and the assessment of civil penalties as shown
33 by the record produced at the hearing.
34 (2) The Board of Commissioners shall establish a
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1 panel of independent hearing officers to conduct all
2 hearings on the assessment of civil penalties and
3 issuance of orders under subsection (c). The hearing
4 officers shall be attorneys licensed to practice law in
5 this State.
6 (3) The Board of Commissioners shall promulgate
7 procedural rules governing the proceedings, the
8 assessment of civil penalties, and the issuance of
9 orders.
10 (4) All hearings shall be on the record, and
11 testimony taken must be under oath and recorded
12 stenographically. Transcripts so recorded must be made
13 available to any member of the public or any party to the
14 hearing upon payment of the usual charges for
15 transcripts. At the hearing, the hearing officer may
16 issue, in the name of the Board of Commissioners, notices
17 of hearing requesting the attendance and testimony of
18 witnesses and the production of evidence relevant to any
19 matter involved in the hearing and may examine witnesses.
20 (5) The hearing officer shall conduct a full and
21 impartial hearing on the record, with an opportunity for
22 the presentation of evidence and cross-examination of the
23 witnesses. The hearing officer shall issue findings of
24 fact, conclusions of law, a recommended civil penalty,
25 and an order based solely on the record. The hearing
26 officer may also recommend, as part of the order, that
27 the discharge of industrial waste be discontinued within
28 a specified time.
29 (6) The findings of fact, conclusions of law,
30 recommended civil penalty, and order shall be transmitted
31 to the Board of Commissioners along with a complete
32 record of the hearing.
33 (7) The Board of Commissioners shall either approve
34 or disapprove the findings of fact, conclusions of law,
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1 recommended civil penalty, and order. If the findings of
2 fact, conclusions of law, recommended civil penalty, or
3 order are rejected, the Board of Commissioner's shall
4 remand the matter to the hearing officer for further
5 proceedings. If the order is accepted by the Board of
6 Commissioners, it shall constitute the final order of the
7 Board of Commissioners.
8 (8) The Administrative Review Law, and the rules
9 adopted under that Law, shall govern all proceedings for
10 the judicial review of final orders of the Board of
11 Commissioners issued under this subsection.
12 (9) The civil penalty specified by the Board of
13 Commissioners shall be paid within 35 days after the
14 party on whom it is imposed receives a written copy of
15 the order of the Board of Commissioners, unless the
16 person or persons to whom the order is issued seeks
17 judicial review under paragraph (8).
18 (10) If the respondent seeks judicial review of the
19 order assessing civil penalties, the respondent shall,
20 within 35 days after the date of the final order, pay the
21 amount of the civil penalties into an escrow account
22 maintained by the district for that purpose or file a
23 bond guaranteeing payment of the civil penalties if the
24 civil penalties are upheld on review.
25 (11) Civil penalties not paid by the times
26 specified above shall be delinquent and subject to a lien
27 recorded against the property of the person ordered to
28 pay the penalty. The foregoing provisions for asserting
29 liens against real estate by the sanitary district shall
30 be in addition to and not in derogation of any other
31 remedy or right of recovery, in law or equity, that the
32 sanitary district may have with respect to the collection
33 or recovery of penalties and charges imposed by the
34 sanitary district. Judgment in a civil action brought by
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1 the sanitary district to recover or collect the charges
2 shall not operate as a release and waiver of the lien
3 upon the real estate for the amount of the judgment.
4 Only satisfaction of the judgment or the filing of a
5 release or satisfaction of lien shall release the lien.
6 (e) The general superintendent may order a person to
7 cease the discharge of industrial waste upon a finding by the
8 general superintendent that the final order of the Board of
9 Commissioners entered after a hearing to show cause has been
10 violated. The general superintendent shall serve the person
11 with a copy of his or her order either by certified mail or
12 personally by serving the owner, officer, registered agent,
13 or individual designated by permit. The order of the general
14 superintendent shall also schedule an expedited hearing
15 before a hearing officer designated by the Board of
16 Commissioners for the purpose of determining whether the
17 company has violated the final order of the Board of
18 Commissioners. The Board of Commissioners shall adopt rules
19 of procedure governing expedited hearings. In no event shall
20 the hearing be conducted less than 7 days after receipt by
21 the person of the general superintendent's order.
22 At the conclusion of the expedited hearing, the hearing
23 officer shall prepare a report with his or her findings and
24 recommendations and transmit it to the Board of
25 Commissioners. If the Board of Commissioners, after
26 reviewing the findings and recommendations, and the record
27 produced at the hearings, determines that the person has
28 violated the Board of Commissioner's final order, the Board
29 of Commissioners may authorize the plugging of the sewer.
30 The general superintendent shall give not less than 10 days
31 written notice of the Board of Commissioner's order to the
32 owner, officer, registered agent, or individual designated by
33 permit, as well as the owner of record of the real estate and
34 other parties known to be affected, that the sewer will be
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1 plugged. The Administrative Review Law, and the rules adopted
2 under that Law, shall govern all proceedings for the judicial
3 review of final orders of the Board of Commissioners issued
4 under this subsection.
5 The foregoing provision for plugging a sewer shall be in
6 addition to and not in derogation of any other remedy, in law
7 or in equity, that the district may have to prevent violation
8 of its ordinances and orders of its Board of Commissioners.
9 (f) A violation of the final order of the Board of
10 Commissioners shall be considered a nuisance. If any person
11 discharges sewage, industrial wastes, or other wastes into
12 any waters contrary to the final order of the Board of
13 Commissioners, the sanitary district acting through the
14 general superintendent has the power to commence an action or
15 proceeding in the circuit court in and for the county in
16 which the sanitary district is located for the purpose of
17 having the discharge stopped either by mandamus or
18 injunction, or to remedy the violation in any manner provided
19 for in this Section.
20 The court shall specify a time, not exceeding 20 days
21 after the service of the copy of the complaint, in which the
22 party complained of must plead to the complaint, and in the
23 meantime, the party may be restrained. In case of default or
24 after pleading, the court shall immediately inquire into the
25 facts and circumstances of the case and enter an appropriate
26 judgment in respect to the matters complained of. Appeals
27 may be taken as in other civil cases.
28 (g) The sanitary district, acting through the general
29 superintendent, has the power to commence an action or
30 proceeding for mandamus or injunction in the circuit court
31 ordering a person to cease its discharge, when, in the
32 opinion of the general superintendent, the person's discharge
33 presents an imminent danger to the public health, welfare, or
34 safety, presents or may present an endangerment to the
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1 environment, or threatens to interfere with the operation of
2 the sewerage system or a water reclamation plant under the
3 jurisdiction of the sanitary district. The initiation of a
4 show cause hearing is not a prerequisite to the commencement
5 by the sanitary district of an action or proceeding for
6 mandamus or injunction in the circuit court. The court shall
7 specify a time, not exceeding 20 days after the service of a
8 copy of the petition, in which the party complained of must
9 answer the petition, and in the meantime, the party may be
10 restrained. In case of default in answer or after answer,
11 the court shall immediately inquire into the facts and
12 circumstances of the case and enter an appropriate judgment
13 order in respect to the matters complained of. An appeal may
14 be taken from the final judgment in the same manner and with
15 the same effect as appeals are taken from judgment of the
16 circuit court in other actions for mandamus or injunction.
17 (h) Whenever the sanitary district commences an action
18 under subsection (f) of this Section, the court shall assess
19 a civil penalty of not less than $1,000 nor more than $10,000
20 for each day the person violates a Board order. Whenever the
21 sanitary district commences an action under subsection (g) of
22 this Section, the court shall assess a civil penalty of not
23 less than $1,000 nor more than $10,000 for each day the
24 person violates the ordinance. Each day's continuance of the
25 violation is a separate offense. The penalties provided in
26 this Section plus interest at the rate set forth in the
27 Interest Act on unpaid penalties, costs, and fees, imposed by
28 the Board of Commissioners under subsection (d), the
29 reasonable costs to the sanitary district of removal or other
30 remedial action caused by discharges in violation of this
31 Act, reasonable attorney's fees, court costs, and other
32 expenses of litigation together with costs for inspection,
33 sampling, analysis, and administration related to the
34 enforcement action against the offending party are
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1 recoverable by the sanitary district in a civil action.
2 (i) The Board of Commissioners may establish fees for
3 late filing of reports with the sanitary district required by
4 an ordinance governing discharges. The sanitary district
5 shall provide by certified mail a written notice of the fee
6 assessment that states the person has 30 days after the
7 receipt of the notice to request a conference with the
8 general superintendent's designee to discuss or dispute the
9 appropriateness of the assessed fee. Unless a person objects
10 to paying the fee for filing a report late by timely
11 requesting in writing a conference with a designee of the
12 general superintendent, that person waives his or her right
13 to a conference and the sanitary district may impose a lien
14 recorded against the property of the person for the amount of
15 the unpaid fee.
16 If a person requests a conference and the matter is not
17 resolved at the conference, the person subject to the fee may
18 request an administrative hearing before an impartial hearing
19 officer appointed under subsection (d) to determine the
20 person's liability for and the amount of the fee.
21 If the hearing officer finds that the late filing fees
22 are owed to the sanitary district, the sanitary district
23 shall notify the responsible person or persons of the hearing
24 officer's decision. If payment is not made within 30 days
25 after the notice, the sanitary district may impose a lien on
26 the property of the person or persons.
27 Any liens filed under this subsection shall apply only to
28 the property to which the late filing fees are related. A
29 claim for lien shall be filed in the office of the recorder
30 of the county in which the property is located. The filing
31 of a claim for lien by the district does not prevent the
32 sanitary district from pursuing other means for collecting
33 late filing fees. If a claim for lien is filed, the sanitary
34 district shall notify the person whose property is subject to
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1 the lien, and the person may challenge the lien by filing an
2 action in the circuit court. The action shall be filed
3 within 90 days after the person receives the notice of the
4 filing of the claim for lien. The court shall hear evidence
5 concerning the underlying reasons for the lien only if an
6 administrative hearing has not been held under this
7 subsection.
8 (j) If the provisions of any paragraph of this Section
9 are declared unconstitutional or invalid by the final
10 decision of any court of competent jurisdiction, the
11 provisions of the remaining paragraphs continue in effect.
12 (k) Nothing in this Section eliminates any of the powers
13 now granted to municipalities having a population of 500,000
14 or more as to design, preparation of plans, and construction,
15 maintenance, and operation of sewers and sewerage systems, or
16 for the control and elimination or prevention of the
17 pollution of their waters or waterways, in the Illinois
18 Municipal Code or any other Act of the State of Illinois. It
19 shall be unlawful, for any person, firm, association, or
20 corporation in possession of or controlling and operating any
21 industrial or manufacturing plant to discharge into the
22 sewers or works of a sanitary district or into any sewer
23 connected therewith, any discharge of any nature whatever
24 from any industrial or manufacturing plant except upon such
25 terms and conditions as the sanitary district might
26 reasonably impose.
27 Any sanitary district, in addition to all other powers
28 vested in it and in the interest of public health and safety,
29 is hereby empowered to pass all ordinances, rules, or
30 regulations necessary to implement this Section, including
31 but not limited to the imposition of charges based on
32 factors that influence the cost of treatment, including
33 strength and volume.
34 (Source: P.A. 87-1125.)
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1 (70 ILCS 2605/7f) (from Ch. 42, par. 326f)
2 Sec. 7f. Regulation of connecting sewerage systems.
3 (a) It shall be unlawful for any person to construct or
4 install any sewerage system that discharges sewage,
5 industrial wastes, or other wastes, directly or indirectly,
6 into the sewerage system of the sanitary district, unless a
7 written permit for the sewerage system has been granted by
8 the sanitary district acting through the general
9 superintendent. The sanitary district shall specify by
10 ordinance the changes, additions, or extensions to an
11 existing sewerage system that will require a permit. No
12 changes, additions, or extensions to any existing sewerage
13 systems discharging sewage, industrial wastes, or other
14 wastes into the sewerage system of the sanitary district,
15 that requires a permit, may be made until plans for the
16 changes, additions, or extensions have been submitted to and
17 a written permit obtained from the sanitary district acting
18 through the general superintendent; provided, however, that
19 this Section is not applicable in any municipality having a
20 population of more than 500,000.
21 (b) Sewerage systems shall be operated in accordance
22 with the ordinances of the sanitary district. The Board of
23 Commissioners of any sanitary district is authorized to
24 regulate, limit, extend, deny, or otherwise control any new
25 or existing connection, addition, or extension to any sewer
26 or sewerage system which directly or indirectly discharges
27 into the sanitary district sewerage system. The Board shall
28 adopt standards and specifications for construction,
29 operation, and maintenance. This Section shall not apply to
30 sewerage systems under the jurisdiction of any city, village,
31 or incorporated town having a population of 500,000 or more.
32 (c) The Board of Commissioners of any sanitary district
33 is hereby authorized to pass all necessary ordinances to
34 carry out the aforementioned powers. The ordinances may
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1 provide for a civil penalty for each offense of not less than
2 $100 nor more than $1,000. Each day's continuance of the
3 violation shall be a separate offense. Hearings for
4 violations of the ordinances adopted by the Board of
5 Commissioners may be conducted by the Board of Commissioners
6 or its designee.
7 (d) Plans and specifications for any sewerage system
8 covered by this Act must be submitted to the sanitary
9 district before a written permit may be issued and the
10 construction of any sewerage system must be in accordance
11 with the plans and specifications. In case it is necessary
12 or desirable to make material changes in the plans or
13 specifications, the revised plans or specifications, together
14 with the reasons for the proposed changes, must be submitted
15 to the sanitary district for a supplemental written permit.
16 (e) The sanitary district, acting through the general
17 superintendent, may require any owner of a sewerage system
18 discharging into the sewerage system of the sanitary
19 district, to file with it complete plans of the whole or of
20 any part of the system and any other information and records
21 concerning the installation and operation of the system.
22 (f) The sanitary district, acting through the general
23 superintendent, may establish procedures for the review of
24 any plans, specifications, or other data relative to any
25 sewerage system, written permits for which are required by
26 this Act.
27 (g) The sanitary district, acting through the general
28 superintendent, may adopt and enforce rules and regulations
29 governing the issuance of permits and the method and manner
30 under which plans, specifications, or other data relative
31 thereto must be submitted for the sewerage systems or for
32 additions or changes to or extensions of the systems.
33 (h) After a hearing on an alleged violation of any such
34 ordinance, the Board may, in addition to any civil penalty
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1 imposed, order any person found to have committed a violation
2 to reimburse the sanitary district for the costs of the
3 hearing, including any expenses incurred for inspection,
4 sampling, analysis, administrative costs, and court
5 reporter's and attorney's fees. The Board of Commissioners
6 may also require a person to achieve compliance with the
7 ordinance within a specified period of time. The
8 Administrative Review Law, and the rules adopted under that
9 Law, shall govern proceedings for the judicial review of
10 final orders of the Board of Commissioners issued under this
11 subsection.
12 (i) Civil penalties and costs imposed pursuant to this
13 Section are recoverable by the sanitary district in a civil
14 action. The sanitary district is authorized to apply to the
15 circuit court for injunctive relief or mandamus when, in the
16 opinion of the general superintendent, the person has failed
17 to comply with an order of the Board of Commissioners or the
18 relief is necessary to protect the sewerage system of the
19 sanitary district.
20 The board of commissioners of any sanitary district is
21 authorized to regulate, limit, extend, deny or otherwise
22 control any new or existing connection, addition or extension
23 to any sewer or sewerage system which will directly or
24 indirectly discharge into the sanitary district sewerage
25 system. The board shall adopt standards and specifications
26 for construction, operation, and maintenance. This Section
27 shall not apply to sewerage systems under the jurisdiction of
28 any city, village, or incorporated town having a population
29 of 500,000 or more.
30 The board of commissioners of any sanitary district is
31 hereby authorized to pass all necessary ordinances to carry
32 out the aforementioned powers. Such ordinances may provide
33 for a fine for each offense of not less than $100 nor more
34 than $1,000. Each day's continuance of such violation shall
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1 be a separate offense.
2 After a hearing on an alleged violation of any such
3 ordinance, the board may, in addition to any fine imposed,
4 order any person found to have committed a violation to
5 reimburse the district for the costs of the hearing,
6 including any expenses incurred for inspection, sampling,
7 analysis, administrative costs, and court reporter's and
8 attorney's fees.
9 Fines and costs imposed pursuant to this Section are
10 recoverable by the sanitary district in a civil action. The
11 sanitary district is authorized to apply to the circuit court
12 for injunctive relief or mandamus when, in the opinion of the
13 General Superintendent, such relief is necessary to protect
14 the sewerage system of the sanitary district.
15 (Source: P.A. 87-283; 88-399.)
16 (70 ILCS 2605/7g) (from Ch. 42, par. 326g)
17 Sec. 7g. Any person who takes or who knowingly permits
18 his agent or employee to take industrial wastes or other
19 wastes from a point of origin and intentionally discharges
20 such wastes by means of mobile or portable equipment into any
21 sewer, sewer manhole, or any appurtenances thereto, or
22 directly or indirectly to any waters without possession of a
23 valid and legally issued permit shall be guilty of a Class A
24 misdemeanor. A second or subsequent offense shall constitute
25 a Class 4 felony.
26 Any mobile or portable equipment used in the commission
27 of any act which is a violation of this Section shall be
28 subject to seizure and forfeiture in the manner provided for
29 the seizure and forfeiture of vessels, vehicles and aircraft
30 in Article 36 of the Criminal Code of 1961, as now or
31 hereafter amended. The person causing the intentional
32 discharge shall be liable for the costs of seizure, storage,
33 and disposal of the mobile or portable equipment.
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1 The terms "industrial waste", and "other wastes" and
2 "waters" shall have the same meaning as these terms are
3 defined in Section 7a 7bb of this Act.
4 (Source: P.A. 84-1320.)
5 (70 ILCS 2605/7bb rep.)
6 Section 10. The Metropolitan Water Reclamation District
7 Act is amended by repealing Section 7bb.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.