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91_HB1828
LRB9102912DHdv
1 AN ACT to amend the Counties Code by changing Section
2 5-1062.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-1062.1 as follows:
7 (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
8 Sec. 5-1062.1. Stormwater management in Cook County.
9 (a) The purpose of this Section is to allow management
10 and mitigation of the effects of urbanization on stormwater
11 drainage in Cook County and to provide for the adoption of a
12 united countywide stormwater management plan., and This
13 Section applies only to Cook County. This Section shall not
14 apply to any portion of the county located on or within the
15 territorial boundaries and jurisdiction of the Cook County
16 Forest Preserve District under the Cook County Forest
17 Preserve District Act, except as provided in subsection
18 (c-l). In addition, this Section is intended to improve and
19 facilitate more effective stormwater and floodplain
20 management in Cook County by the following:
21 (1) Authorizing a governmental entity, other than
22 the county board, to undertake stormwater management in
23 the county, to provide the resources necessary to
24 implement this Section, and to facilitate the
25 development, preparation and implementation of a
26 countywide stormwater management plan Setting minimum
27 standards for floodplain and stormwater management.
28 (2) Preparing a countywide plan plans for the
29 management of floodplains and stormwater runoff,
30 including the management of natural and man-made drainage
31 ways. The countywide stormwater management plan may
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1 incorporate regional and local structural flood control
2 measures and watershed plans.
3 (3) Utilizing existing regional boundaries and the
4 local governmental framework within those boundaries to
5 coordinate regional needs, interests, and concerns on the
6 development and implementation of a countywide stormwater
7 management plan.
8 (4) Consolidating the existing stormwater
9 management planning framework into a united, countywide
10 structure to administer the development and presentation
11 of a countywide stormwater management plan.
12 (5) Setting reasonable rules and regulations for
13 floodplain and stormwater management in relation to the
14 reduction and prevention of flood damage.
15 (6) Setting minimum standards for floodplain and
16 stormwater management in relation to the protection of
17 property.
18 (a-1) Definitions. When used in this Section with
19 respect to stormwater management in Cook County:
20 "County" means the geographical area within Cook
21 County, rather than the governmental entity.
22 "District" means the corporate authority of the
23 Metropolitan Water Reclamation District of Greater
24 Chicago (MWRD).
25 "District Board" means the Board of Commissioners of
26 the Metropolitan Water Reclamation District of Greater
27 Chicago.
28 "Countywide plan" means the countywide stormwater
29 management plan or the Cook County Stormwater Management
30 Plan (CCSMP) to be developed, coordinated, prepared,
31 adopted, and implemented in the manner prescribed under
32 this Section.
33 "Councils" means the stormwater management planning
34 councils to be formed as defined under subsection (2) of
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1 this Section.
2 "The Committee" means the Cook County Stormwater
3 Management Planning Committee (CCSMPC) to be established
4 as defined under subsection (3) of this Section.
5 (b) The purpose of this Section shall be achieved by the
6 following:
7 (1) In Cook County, stormwater management shall be
8 under the general supervision of the Metropolitan Water
9 Reclamation District of Greater Chicago. The powers and
10 duties in this Section (including the power to impose
11 fees and taxes and to issue bonds) shall be exercised by
12 the Board of Commissioners of the Metropolitan Water
13 Reclamation District of Greater Chicago, instead of the
14 Cook County Board. The authority of the District with
15 respect to stormwater management and mitigation extends
16 throughout Cook County, and is not limited to the area
17 otherwise within the territory and jurisdiction of the
18 District under the Metropolitan Water Reclamation
19 District Act. However, the District's authority shall
20 not be extended to include any portion of the county
21 within the territory or jurisdiction of the Cook County
22 Forest Preserve District under the Cook County Forest
23 Preserve District Act. The District shall be responsible
24 for implementing this Section, including providing the
25 staffing and financial resources necessary for the
26 development and implementation of a countywide stormwater
27 management plan. The District shall also be responsible
28 for the design, construction, maintenance, and repair of
29 stormwater facilities throughout the county and provided
30 for in the countywide stormwater management plan.
31 (2) In Cook County Creating 6 stormwater management
32 planning councils shall be formed for each of the
33 following according to the established watersheds of the
34 Chicago Metropolitan Area: North Branch Chicago River,
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1 Lower Des Plaines Tributaries, Cal-Sag Channel, Little
2 Calumet River, Poplar Creek, and Upper Salt Creek. In
3 addition a stormwater management planning council shall
4 be established for the combined sewer areas of Cook
5 County. Additional stormwater management planning
6 councils may be formed by the Cook County Stormwater
7 Management Planning Committee for other watersheds within
8 Cook County. Membership on the watershed councils shall
9 consist of the chief elected official, or his or her
10 designee, from each municipality and township within the
11 watershed and the Cook County Board President, or his or
12 her designee, if unincorporated area is included in the
13 watershed. A municipality or township shall be a member
14 of more than one watershed council if the corporate
15 boundaries of that municipality, or township extend
16 entered into more than one watershed, or if the
17 municipality or township is served in part by separate
18 sewers and combined sewers. Subcommittees of the
19 stormwater management planning councils may be
20 established to assist the stormwater management planning
21 councils in performing their duties preparing and
22 implementing a stormwater management plan. The councils
23 may adopt bylaws to govern the functioning of the
24 stormwater management councils and subcommittees.
25 The principal duties of the councils shall be to
26 advise the Cook County Stormwater Management Planning
27 Committee and the Metropolitan Water Reclamation District
28 of Greater Chicago on the development and implementation
29 of the countywide stormwater management plan with respect
30 to matters relating to their respective watersheds and to
31 advise and represent the concerns of the units of local
32 government in the watershed area. The councils shall
33 meet at least quarterly and shall hold at least one
34 public hearing during the preparation of the plan.
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1 The stormwater management planning councils may
2 recommend rules and regulations to the Cook County
3 Stormwater Management Planning Committee and the
4 Metropolitan Water Reclamation District of Greater
5 Chicago governing the location, width, course, and
6 release rates of all stormwater runoff channels, streams,
7 and basins in their respective watersheds.
8 The Northwest Municipal Conference, the South
9 Suburban Mayors and Managers Association, and the West
10 Central Municipal Conference shall be responsible for the
11 coordination of the councils created under this Section.
12 (3) In Cook County, the Cook County Stormwater
13 Management Planning Committee shall be established, with
14 its membership consisting of an appointed representative
15 from each of the councils, the Cook County Board
16 President (or his or her designee), the Superintendent of
17 the Cook County Forest Preserve District (or his or her
18 designee), the District Board President (or his or her
19 designee), and the Northeastern Illinois Planning
20 Commission President (or his or her designee).
21 (4) The principal duties of the Cook County
22 Stormwater Management Committee shall be to develop a
23 countywide stormwater management plan for presentation to
24 and approval by the District Board, and to advise the
25 District Board with respect to the plan's implementation
26 and revision. The Committee shall also have the duty to
27 give careful consideration to the advice,
28 recommendations, and concerns of the watershed councils
29 throughout the planning process. The Committee may retain
30 engineering, legal, and financial advisors and inspection
31 personnel. The Committee shall meet at least quarterly
32 and shall hold at least one public meeting during the
33 preparation of the plan and prior to its submission to
34 the District Board.
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1 (c) Preparation of the countywide plan.
2 (1) In preparation of the countywide stormwater
3 management plan, the Committee shall coordinate the
4 planning process with the adjoining counties and the
5 board of the Cook County Forest Preserve District to
6 ensure that recommended stormwater projects will have no
7 significant adverse impact on the levels or flows of
8 stormwater in the inter-county watershed or on the
9 capacity of existing and planned stormwater retention
10 facilities. The committee shall identify in an annual
11 published report steps taken by the committee to
12 coordinate the development of plan recommendations with
13 adjoining counties and accommodate the concerns and
14 recommendations of the councils.
15 (2) Before submitting the countywide stormwater
16 management plan to the District Board the Cook County
17 Stormwater Management Planning Committee shall submit the
18 plan to the Office of Water Resources of the Department
19 of Natural Resources and to the Northeastern Illinois
20 Planning Commission for review and recommendation. The
21 Office and the Commission, in reviewing the plan, shall
22 consider such factors as impact on the level or flows in
23 the rivers and streams and the cumulative effects of
24 stormwater discharges on flood levels. The Office of
25 Water Resources shall determine whether the plan complies
26 with the requirements of subsection (f). Within a period
27 not to exceed 60 days, the review comments and
28 recommendations shall be submitted to the Committee for
29 consideration. Any amendments to the plan shall be
30 submitted to the Office and the Commission for review.
31 (d) Notice of hearing. Prior to recommending the plan to
32 the District Board, the Cook County Stormwater Management
33 Planning Committee shall hold at least one public hearing
34 thereon and shall afford interested persons an opportunity to
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1 be heard. Notice of the hearing shall be published at least
2 once no less than 15 days in advance thereof in a newspaper
3 of general circulation published in the county. The notice
4 shall state the time and place of the hearing and the place
5 where copies of the proposed plan will be accessible for
6 examination by interested parties. If an affected
7 municipality having a stormwater management plan adopted by
8 ordinance wishes to protest the proposed countywide
9 stormwater management plan provisions, it shall appear at the
10 hearing and submit in writing specific proposals to the Cook
11 County Stormwater Management Planning Committee. After
12 consideration of the matters raised at the hearing, the
13 Committee may amend or approve the plan and recommend it to
14 the District Board for adoption.
15 (e) Adoption of the countywide stormwater management
16 plan. The District Board may enact the proposed countywide
17 stormwater management plan by ordinance. If the proposals
18 for modification of the plan made by an affected municipality
19 having a stormwater management plan are not included in the
20 proposed countywide plan, and the municipality affected by
21 the plan opposes adoption of the countywide plan by
22 resolution of its corporate authorities, approval of the
23 countywide plan shall require an affirmative vote of at least
24 two-thirds of the District Board members present and voting.
25 If the District Board wishes to amend the countywide plan, it
26 shall submit in writing specific proposals to the Cook County
27 Stormwater Management Planning Committee. If the proposals
28 are not approved by the Committee or are opposed by
29 resolution of the corporate authorities of an affected
30 municipality having a municipal stormwater management plan,
31 amendment of the plan shall require an affirmative vote of at
32 least two-thirds of the District Board members present and
33 voting.
34 (f) Rules and Regulations. The District Board may
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1 prescribe by ordinance reasonable rules and regulations for
2 floodplain management and for governing the location, width,
3 course, and release rate of all stormwater runoff channels,
4 streams, and basins in the county, in accordance with the
5 adopted countywide stormwater management plan. These rules
6 and regulations shall, at a minimum, meet the standards for
7 floodplain management established by the Office of Water
8 Resources and the requirements of the Federal Emergency
9 Management Agency for participation in the National Flood
10 Insurance Program.
11 (g) Permission to adopt stormwater mitigation fees. In
12 accordance with, and if recommended in, the adopted
13 countywide stormwater management plan, the District Board may
14 adopt a schedule of fees as may be necessary to mitigate the
15 effects of increased stormwater runoff resulting from new
16 development. The fees shall not exceed the cost of satisfying
17 the onsite stormwater retention or detention requirements of
18 the adopted countywide stormwater management plan. The fees
19 shall be used to finance activities undertaken by the
20 District or included municipalities to mitigate the effects
21 of urban stormwater runoff by providing regional stormwater
22 retention or detention facilities as identified in the
23 countywide plan. All such fees shall be collected by the
24 District Board and shall be held in a separate stormwater
25 mitigation fund, to be established by the District Board
26 under the Metropolitan Water Reclamation District Act, and
27 shall be expended only in the watershed in which they were
28 collected.
29 (h) Permission to levy a stormwater management tax.
30 (1) For the purpose of implementing this Section
31 and for the development, design, planning, construction,
32 operation and maintenance of stormwater facilities
33 provided for in the countywide stormwater management
34 plan, the District Board pursuant to this Section may
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1 cause an annual tax of not to exceed 0.20% of the value,
2 as equalized or assessed by the Department of Revenue, of
3 all taxable property in the county to be levied upon all
4 the taxable property in the county. Such tax shall be
5 levied and collected in like manner with all other taxes
6 of the District. It shall be known as the stormwater
7 management fund tax. The tax shall be in addition to all
8 other taxes authorized by law to be levied and collected
9 within the District and shall be in addition to the
10 maximum tax rate which the District is now, or may
11 hereafter be, authorized by law to levy upon the
12 aggregate valuation of all taxable property in the county
13 for general stormwater management purposes. The 0.20%
14 limitation provided in this Section may be increased or
15 decreased by referendum in accordance with the
16 provisions of the Property Tax Code.
17 (2) Any revenues generated as a result of ownership
18 or operation of facilities or land acquired with the tax
19 funds collected pursuant to this subsection (h) shall be
20 held in a separate stormwater management fund, to be
21 established by the District Board under the Metropolitan
22 Water Reclamation District Act and be used either to
23 abate such property tax or for implementing this Section.
24 However, unless at least part of the county has been
25 declared after July 1, 1986 by presidential proclamation
26 to be a disaster area as a result of flooding, the tax
27 authorized by this subsection (h) shall not be levied
28 until the question of its adoption, either for a
29 specified period or indefinitely, has been submitted to
30 the electors thereof and approved by a majority of those
31 voting on the question. This question may be submitted at
32 any election held in the county after the adoption of a
33 resolution by the District Board providing for the
34 submission of the question to the electors of the county.
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1 The District Board shall certify the resolution and
2 proposition to the proper election officials, who shall
3 submit the proposition at an election in accordance with
4 the general election law. If a majority of the votes cast
5 on the question is in favor of the levy of the tax, it
6 may thereafter be levied in the county for the specified
7 period or indefinitely, as provided in the proposition.
8 The question shall be put in substantially the following
9 form:
10 -------------------------------------------------------------
11 Shall an annual tax be levied for stormwater
12 management purposes (for a period of not YES
13 more than .... years) at a rate not exceeding
14 ....% of the equalized assessed value of the NO
15 taxable property of .... County?
16 -------------------------------------------------------------
17 (i) Dissolution, disconnection and continuance of
18 drainage districts.
19 (1) Upon the creation and implementation of a
20 countywide stormwater management plan, the District Board
21 may petition the circuit court to dissolve any or all
22 drainage districts created pursuant to the Illinois
23 Drainage Code or predecessor Acts which are located
24 entirely within the area of the county covered by the
25 plan. However, any active drainage district implementing
26 a plan that is consistent with and at least as stringent
27 as the countywide stormwater management plan may petition
28 the District Board for exception from dissolution. Upon
29 filing of the petition, the District Board shall set a
30 date for hearing not less than 2 weeks, nor more than 4
31 weeks, from the filing thereof, and the District Board
32 shall give at least one week's notice of the hearing in
33 one or more newspapers of general circulation within the
34 drainage district, and in addition shall cause a copy of
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1 the notice to be personally served upon each of the
2 trustees of the district. At the hearing, the District
3 Board shall hear the drainage district's petition and
4 allow the district trustees and any interested parties an
5 opportunity to present oral and written evidence. The
6 District Board shall render its decision upon the
7 petition for exception from dissolution based upon the
8 best interests of the residents of the drainage district.
9 In the event that the exception is not allowed, the
10 drainage district may file a petition within 30 days of
11 the decision with the circuit court. In that case, the
12 notice and hearing requirements for the court shall be
13 the same as herein provided for the District Board. The
14 court shall likewise render its decision of whether to
15 dissolve the drainage district based upon the best
16 interests of residents of the drainage district.
17 (2) The dissolution of any drainage district shall
18 not affect the obligation of any bonds issued or
19 contracts entered into by the drainage district nor
20 invalidate the levy, extension, or collection of any
21 taxes or special assessments upon the property in the
22 former drainage district. All property and obligations of
23 the former drainage district shall be assumed and managed
24 by the District, and the debts of the former drainage
25 district shall be discharged as soon as practicable.
26 (3) If a drainage district lies only partly within
27 the county that adopts a countywide stormwater management
28 plan, the District may petition the circuit court to
29 disconnect from the drainage district that portion of the
30 district that lies within that county. The property of
31 the drainage district within the disconnected area shall
32 be assumed and managed by the District. The District
33 shall also assume a portion of the drainage district's
34 debt at the time of disconnection, based on the portion
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1 of the value of the taxable property of the drainage
2 district which is located within the area being
3 disconnected.
4 (4) The operations of any drainage district that
5 continues to exist in the county that has adopted a
6 stormwater management plan in accordance with this
7 Section shall be in accordance with the adopted plan.
8 (j) Permission to enter upon lands or waters. The
9 District after having adopted the countywide stormwater
10 management plan under this Section may, after 10 days written
11 notice to the owner or occupant, enter upon any lands or
12 waters within the county for the purpose of inspecting
13 stormwater facilities or causing the removal of any
14 obstruction to an affected watercourse. The District shall be
15 responsible for any damages occasioned thereby.
16 (k) Permission to issue bonds. The District may issue
17 general obligation bonds for implementing the countywide
18 stormwater management plan adopted under this Section in the
19 manner prescribed in this Code and the Metropolitan Water
20 Reclamation District Act, except that the proposition
21 requirement of the Metropolitan Water Reclamation District
22 Act shall not apply to bonds issued pursuant to this Section
23 on which the principal and interest are to be paid entirely
24 out of funds generated by the taxes and fees authorized by
25 this Section.
26 (l) The powers and taxes authorized by this Section are
27 in addition to the powers and taxes authorized to the
28 District under the Metropolitan Water Reclamation District
29 Act; in exercising its powers under this Section, the
30 District shall not be subject to the restrictions and
31 requirements, in relation to stormwater management, under the
32 Act.
33 (m) The powers and duties authorized under this Section
34 shall not be exercised in any portion of a county having a
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1 population of 3,000,000 or more under the jurisdiction and
2 corporate authority of the Cook County Forest Preserve
3 District as established under the Cook County Forest Preserve
4 District Act.
5 (n) Nothing in this Section shall impair the validity of
6 any stormwater management plans implemented prior to the
7 adoption of the countywide stormwater management plan or
8 affect any rights, obligations, or privileges of such plans,
9 or those of any person existing prior to the adoption of the
10 countywide stormwater management plan.
11 (2) Creating, by intergovernmental agreement, a
12 county-wide Stormwater Management Planning Committee with
13 its membership consisting of the Chairman of each of the
14 watershed management councils, the Cook County Board
15 President or his designee, and the Northeastern Illinois
16 Planning Commission President or his designee.
17 (3) The principal duties of the watershed planning
18 councils shall be to develop a stormwater management plan
19 for the watershed area and to recommend the plan for
20 adoption to the units of local government in the
21 watershed area. The councils shall meet at least
22 quarterly and shall hold at least one public hearing
23 during the preparation of the plan. Adoption of the
24 watershed plan shall be by each municipality in the
25 watershed and by vote of the County Board.
26 (4) The principal duty of the county-wide
27 Stormwater Management Committee shall be to coordinate
28 the 6 watershed plans as developed and to coordinate the
29 planning process with the adjoining counties to ensure
30 that recommended stormwater projects will have no
31 significant adverse impact on the levels or flows of
32 stormwater in the inter-county watershed or on the
33 capacity of existing and planned stormwater retention
34 facilities. The committee shall identify in an annual
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1 published report steps taken by the committee to
2 coordinate the development of plan recommendations with
3 adjoining counties. The committee shall also publish a
4 coordinated stormwater document of all activity in the
5 Cook County area and agreed upon stormwater planning
6 standards.
7 (5) The stormwater management planning committee
8 shall submit the coordinated watershed plans to the
9 Office of Water Resources of the Department of Natural
10 Resources and to the Northeastern Illinois Planning
11 Commission for review and recommendation. The Office and
12 the Commission, in reviewing the plan, shall consider
13 those factors as impact on the level or flows in the
14 rivers and streams and the cumulative effects of
15 stormwater discharges on flood levels. The review
16 comments and recommendations shall be submitted to the
17 watershed councils for consideration.
18 (6) The stormwater management planning committee
19 may recommend rules and regulations to the watershed
20 councils governing the location, width, course, and
21 release rates of all stormwater runoff channels, streams,
22 and basins in the county.
23 (7) The Northwest Municipal Conference, the South
24 Suburban Mayors and Managers Association, and the West
25 Central Municipal Conference shall be responsible for the
26 coordination of this Section.
27 (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)