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91_SB1881ham001
LRB9111146MWgcam02
1 AMENDMENT TO SENATE BILL 1881
2 AMENDMENT NO. . Amend Senate Bill 1881 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning sanitary districts."; and
5 on page 1, immediately below line 4, by inserting the
6 following:
7 "Section 3. The Metropolitan Water Reclamation District
8 Act is amended by changing Section 7a as 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,
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1 manufacturing, agricultural, trade, or business operation or
2 process, or from the development, recovery, or processing of
3 natural resources.
4 "Other Wastes" means decayed wood, sawdust, shavings,
5 bark, lime, refuse, ashes, garbage, offal, oil, tar,
6 chemicals, and all other substances except sewage and
7 industrial wastes.
8 "Person" means any individual, firm, association, joint
9 venture, sole proprietorship, company, partnership, estate
10 copartnership, corporation, joint stock company, trust,
11 school district, unit of local government, or private
12 corporation organized or existing under the laws of this or
13 any other state or country.
14 "General Superintendent" means the general superintendent
15 of the sanitary district.
16 (b) It shall be unlawful for any person to discharge
17 sewage, industrial waste, or other wastes into the sewerage
18 system of a sanitary district or into any sewer connected
19 therewith, except upon the terms and conditions that the
20 sanitary district might reasonably impose by way of
21 ordinance, permit, or otherwise.
22 Any sanitary district, in addition to all other powers
23 vested in it and in the interest of public health and safety,
24 or as authorized by subsections (b) and (c) of Section 46 of
25 the Environmental Protection Act, is hereby empowered to pass
26 all ordinances, rules, or regulations necessary to implement
27 this Section, including but not limited to, the imposition of
28 charges based on factors that influence the cost of
29 treatment, including strength and volume, and including the
30 right of access during reasonable hours to the premises of a
31 person for enforcement of adopted ordinances, rules, or
32 regulations.
33 (c) Whenever the sanitary district acting through the
34 general superintendent determines that sewage, industrial
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1 wastes, or other wastes are being discharged into the
2 sewerage system and when, in the opinion of the general
3 superintendent the discharge is in violation of an ordinance,
4 rules, or regulations adopted by the Board of Commissioners
5 under this Section governing industrial wastes or other
6 wastes, the general superintendent shall order the offending
7 party to cease and desist. The order shall be served by
8 certified mail or personally on the owner, officer,
9 registered agent, or individual designated by permit.
10 In the event the offending party fails or refuses to
11 discontinue the discharge within 90 days after notification
12 of the cease and desist order, the general superintendent
13 may order the offending party to show cause before the Board
14 of Commissioners of the sanitary district why the discharge
15 should not be discontinued. A notice shall be served on the
16 offending party directing him, her, or it to show cause
17 before the Board of Commissioners why an order should not be
18 entered directing the discontinuance of the discharge. The
19 notice shall specify the time and place where a hearing will
20 be held and shall be served personally or by registered or
21 certified mail at least 10 days before the hearing; and in
22 the case of a unit of local government or a corporation the
23 service shall be upon an officer or agent thereof. After
24 reviewing the evidence, the Board of Commissioners may issue
25 an order to the party responsible for the discharge,
26 directing that within a specified period of time the
27 discharge be discontinued. The Board of Commissioners may
28 also order the party responsible for the discharge to pay a
29 civil penalty in an amount specified by the Board of
30 Commissioners that is not less than $100 nor more than $2,000
31 per day for each day of discharge of effluent in violation of
32 this Act as provided in subsection (d). The Board of
33 Commissioners may also order the party responsible for the
34 violation to pay court reporter costs and hearing officer
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1 fees in a total amount not exceeding $3,000.
2 (d) The Board of Commissioners shall establish
3 procedures for assessing civil penalties and issuing orders
4 under subsection (c) as follows:
5 (1) In making its orders and determinations, the
6 Board of Commissioners shall take into consideration all
7 the facts and circumstances bearing on the activities
8 involved and the assessment of civil penalties as shown
9 by the record produced at the hearing.
10 (2) The Board of Commissioners shall establish a
11 panel of independent hearing officers to conduct all
12 hearings on the assessment of civil penalties and
13 issuance of orders under subsection (c). The hearing
14 officers shall be attorneys licensed to practice law in
15 this State.
16 (3) The Board of Commissioners shall promulgate
17 procedural rules governing the proceedings, the
18 assessment of civil penalties, and the issuance of
19 orders.
20 (4) All hearings shall be on the record, and
21 testimony taken must be under oath and recorded
22 stenographically. Transcripts so recorded must be made
23 available to any member of the public or any party to the
24 hearing upon payment of the usual charges for
25 transcripts. At the hearing, the hearing officer may
26 issue, in the name of the Board of Commissioners, notices
27 of hearing requesting the attendance and testimony of
28 witnesses and the production of evidence relevant to any
29 matter involved in the hearing and may examine witnesses.
30 (5) The hearing officer shall conduct a full and
31 impartial hearing on the record, with an opportunity for
32 the presentation of evidence and cross-examination of the
33 witnesses. The hearing officer shall issue findings of
34 fact, conclusions of law, a recommended civil penalty,
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1 and an order based solely on the record. The hearing
2 officer may also recommend, as part of the order, that
3 the discharge of industrial waste be discontinued within
4 a specified time.
5 (6) The findings of fact, conclusions of law,
6 recommended civil penalty, and order shall be transmitted
7 to the Board of Commissioners along with a complete
8 record of the hearing.
9 (7) The Board of Commissioners shall either approve
10 or disapprove the findings of fact, conclusions of law,
11 recommended civil penalty, and order. If the findings of
12 fact, conclusions of law, recommended civil penalty, or
13 order are rejected, the Board of Commissioners shall
14 remand the matter to the hearing officer for further
15 proceedings. If the order is accepted by the Board of
16 Commissioners, it shall constitute the final order of the
17 Board of Commissioners.
18 (8) (Blank). The Administrative Review Law, and the
19 rules adopted under that Law, shall govern all
20 proceedings for the judicial review of final orders of
21 the Board of Commissioners issued under this subsection.
22 (9) The civil penalty specified by the Board of
23 Commissioners shall be paid within 35 days after the
24 party on whom it is imposed receives a written copy of
25 the order of the Board of Commissioners, unless the
26 person or persons to whom the order is issued seeks
27 judicial review under paragraph (8).
28 (10) If the respondent seeks judicial review of the
29 order assessing civil penalties, the respondent shall,
30 within 35 days after the date of the final order, pay the
31 amount of the civil penalties into an escrow account
32 maintained by the district for that purpose or file a
33 bond guaranteeing payment of the civil penalties if the
34 civil penalties are upheld on review.
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1 (11) Civil penalties not paid by the times
2 specified above shall be delinquent and subject to a lien
3 recorded against the property of the person ordered to
4 pay the penalty. The foregoing provisions for asserting
5 liens against real estate by the sanitary district shall
6 be in addition to and not in derogation of any other
7 remedy or right of recovery, in law or equity, that the
8 sanitary district may have with respect to the collection
9 or recovery of penalties and charges imposed by the
10 sanitary district. Judgment in a civil action brought by
11 the sanitary district to recover or collect the charges
12 shall not operate as a release and waiver of the lien
13 upon the real estate for the amount of the judgment.
14 Only satisfaction of the judgment or the filing of a
15 release or satisfaction of lien shall release the lien.
16 (e) The general superintendent may order a person to
17 cease the discharge of industrial waste upon a finding by the
18 general superintendent that the final order of the Board of
19 Commissioners entered after a hearing to show cause has been
20 violated. The general superintendent shall serve the person
21 with a copy of his or her order either by certified mail or
22 personally by serving the owner, officer, registered agent,
23 or individual designated by permit. The order of the general
24 superintendent shall also schedule an expedited hearing
25 before a hearing officer designated by the Board of
26 Commissioners for the purpose of determining whether the
27 company has violated the final order of the Board of
28 Commissioners. The Board of Commissioners shall adopt rules
29 of procedure governing expedited hearings. In no event shall
30 the hearing be conducted less than 7 days after receipt by
31 the person of the general superintendent's order.
32 At the conclusion of the expedited hearing, the hearing
33 officer shall prepare a report with his or her findings and
34 recommendations and transmit it to the Board of
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1 Commissioners. If the Board of Commissioners, after
2 reviewing the findings and recommendations, and the record
3 produced at the hearings, determines that the person has
4 violated the Board of Commissioner's final order, the Board
5 of Commissioners may authorize the plugging of the sewer.
6 The general superintendent shall give not less than 10 days
7 written notice of the Board of Commissioner's order to the
8 owner, officer, registered agent, or individual designated by
9 permit, as well as the owner of record of the real estate and
10 other parties known to be affected, that the sewer will be
11 plugged. The Administrative Review Law, and the rules adopted
12 under that Law, shall govern all proceedings for the judicial
13 review of final orders of the Board of Commissioners issued
14 under this subsection.
15 The foregoing provision for plugging a sewer shall be in
16 addition to and not in derogation of any other remedy, in law
17 or in equity, that the district may have to prevent violation
18 of its ordinances and orders of its Board of Commissioners.
19 (f) A violation of the final order of the Board of
20 Commissioners shall be considered a nuisance. If any person
21 discharges sewage, industrial wastes, or other wastes into
22 any waters contrary to the final order of the Board of
23 Commissioners, the sanitary district acting through the
24 general superintendent has the power to commence an action or
25 proceeding in the circuit court in and for the county in
26 which the sanitary district is located for the purpose of
27 having the discharge stopped either by mandamus or
28 injunction, or to remedy the violation in any manner provided
29 for in this Section.
30 The court shall specify a time, not exceeding 20 days
31 after the service of the copy of the complaint, in which the
32 party complained of must plead to the complaint, and in the
33 meantime, the party may be restrained. In case of default or
34 after pleading, the court shall immediately inquire into the
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1 facts and circumstances of the case and enter an appropriate
2 judgment in respect to the matters complained of. Appeals
3 may be taken as in other civil cases.
4 (g) The sanitary district, acting through the general
5 superintendent, has the power to commence an action or
6 proceeding for mandamus or injunction in the circuit court
7 ordering a person to cease its discharge, when, in the
8 opinion of the general superintendent, the person's discharge
9 presents an imminent danger to the public health, welfare, or
10 safety, presents or may present an endangerment to the
11 environment, or threatens to interfere with the operation of
12 the sewerage system or a water reclamation plant under the
13 jurisdiction of the sanitary district. The initiation of a
14 show cause hearing is not a prerequisite to the commencement
15 by the sanitary district of an action or proceeding for
16 mandamus or injunction in the circuit court. The court shall
17 specify a time, not exceeding 20 days after the service of a
18 copy of the petition, in which the party complained of must
19 answer the petition, and in the meantime, the party may be
20 restrained. In case of default in answer or after answer,
21 the court shall immediately inquire into the facts and
22 circumstances of the case and enter an appropriate judgment
23 order in respect to the matters complained of. An appeal may
24 be taken from the final judgment in the same manner and with
25 the same effect as appeals are taken from judgment of the
26 circuit court in other actions for mandamus or injunction.
27 (h) Whenever the sanitary district commences an action
28 under subsection (f) of this Section, the court shall assess
29 a civil penalty of not less than $1,000 nor more than $10,000
30 for each day the person violates a Board order. Whenever the
31 sanitary district commences an action under subsection (g) of
32 this Section, the court shall assess a civil penalty of not
33 less than $1,000 nor more than $10,000 for each day the
34 person violates the ordinance. Each day's continuance of the
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1 violation is a separate offense. The penalties provided in
2 this Section plus interest at the rate set forth in the
3 Interest Act on unpaid penalties, costs, and fees, imposed by
4 the Board of Commissioners under subsection (d), the
5 reasonable costs to the sanitary district of removal or other
6 remedial action caused by discharges in violation of this
7 Act, reasonable attorney's fees, court costs, and other
8 expenses of litigation together with costs for inspection,
9 sampling, analysis, and administration related to the
10 enforcement action against the offending party are
11 recoverable by the sanitary district in a civil action.
12 (i) The Board of Commissioners may establish fees for
13 late filing of reports with the sanitary district required by
14 an ordinance governing discharges. The sanitary district
15 shall provide by certified mail a written notice of the fee
16 assessment that states the person has 30 days after the
17 receipt of the notice to request a conference with the
18 general superintendent's designee to discuss or dispute the
19 appropriateness of the assessed fee. Unless a person objects
20 to paying the fee for filing a report late by timely
21 requesting in writing a conference with a designee of the
22 general superintendent, that person waives his or her right
23 to a conference and the sanitary district may impose a lien
24 recorded against the property of the person for the amount of
25 the unpaid fee.
26 If a person requests a conference and the matter is not
27 resolved at the conference, the person subject to the fee may
28 request an administrative hearing before an impartial hearing
29 officer appointed under subsection (d) to determine the
30 person's liability for and the amount of the fee.
31 If the hearing officer finds that the late filing fees
32 are owed to the sanitary district, the sanitary district
33 shall notify the responsible person or persons of the hearing
34 officer's decision. If payment is not made within 30 days
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1 after the notice, the sanitary district may impose a lien on
2 the property of the person or persons.
3 Any liens filed under this subsection shall apply only to
4 the property to which the late filing fees are related. A
5 claim for lien shall be filed in the office of the recorder
6 of the county in which the property is located. The filing
7 of a claim for lien by the district does not prevent the
8 sanitary district from pursuing other means for collecting
9 late filing fees. If a claim for lien is filed, the sanitary
10 district shall notify the person whose property is subject to
11 the lien, and the person may challenge the lien by filing an
12 action in the circuit court. The action shall be filed
13 within 90 days after the person receives the notice of the
14 filing of the claim for lien. The court shall hear evidence
15 concerning the underlying reasons for the lien only if an
16 administrative hearing has not been held under this
17 subsection.
18 (j) If the provisions of any paragraph of this Section
19 are declared unconstitutional or invalid by the final
20 decision of any court of competent jurisdiction, the
21 provisions of the remaining paragraphs continue in effect.
22 (k) Nothing in this Section eliminates any of the powers
23 now granted to municipalities having a population of 500,000
24 or more as to design, preparation of plans, and construction,
25 maintenance, and operation of sewers and sewerage systems, or
26 for the control and elimination or prevention of the
27 pollution of their waters or waterways, in the Illinois
28 Municipal Code or any other Act of the State of Illinois.
29 (l) The provisions of the Administrative Review Law and
30 all amendments and rules adopted pursuant to that Law apply
31 to and govern all proceedings for the judicial review of
32 final administrative decisions of the Board of Commissioners
33 in the enforcement of any ordinance, rule, or regulation
34 adopted under this Act.
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1 (Source: P.A. 90-354, eff. 8-8-97.)".