State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_SB1001eng

      70 ILCS 2605/7a           from Ch. 42, par. 326a
      70 ILCS 2605/7b           from Ch. 42, par. 326b
      70 ILCS 2605/7bb rep.
      70 ILCS 2605/7f 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.    Repeals   current
      provisions  stating that it is unlawful to discharge into the
      sewers  of  a  sanitary  district  any  discharge  from   any
      industrial or manufacturing plant.  Repeals current provision
      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.
      Contains other provisions.  Effective immediately.
                                                     LRB9002315MWcd
SB1001 Engrossed                               LRB9002315MWcd
 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,
SB1001 Engrossed            -2-                LRB9002315MWcd
 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
SB1001 Engrossed            -3-                LRB9002315MWcd
 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
SB1001 Engrossed            -4-                LRB9002315MWcd
 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,
SB1001 Engrossed            -5-                LRB9002315MWcd
 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  Commissioners  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
SB1001 Engrossed            -6-                LRB9002315MWcd
 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
SB1001 Engrossed            -7-                LRB9002315MWcd
 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
SB1001 Engrossed            -8-                LRB9002315MWcd
 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
SB1001 Engrossed            -9-                LRB9002315MWcd
 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
SB1001 Engrossed            -10-               LRB9002315MWcd
 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.)
SB1001 Engrossed            -11-               LRB9002315MWcd
 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
SB1001 Engrossed            -12-               LRB9002315MWcd
 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
SB1001 Engrossed            -13-               LRB9002315MWcd
 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
SB1001 Engrossed            -14-               LRB9002315MWcd
 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.
SB1001 Engrossed            -15-               LRB9002315MWcd
 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.

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