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92_SB1506eng SB1506 Engrossed LRB9205181MWdvA 1 AN ACT concerning sanitary sewers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 adding Section 7-1-18.5 as follows: 6 (65 ILCS 5/7-1-18.5 new) 7 Sec. 7-1-18.5. Maintenance of sanitary sewers. A 8 municipality located in a county with a population of 9 3,000,000 or more to which territory is annexed after the 10 effective date of this amendatory Act of the 92nd General 11 Assembly is responsible for the operation and maintenance of 12 any existing sanitary sewerage system serving the annexed 13 territory, unless the sanitary sewerage system is under the 14 jurisdiction of another unit of local government other than 15 the Metropolitan Water Reclamation District. 16 Section 10. The Metropolitan Water Reclamation District 17 Act is amended by changing Section 7f as follows: 18 (70 ILCS 2605/7f) (from Ch. 42, par. 326f) 19 Sec. 7f. Regulation of connecting sewerage systems. 20 (a) It shall be unlawful for any person to construct or 21 install any sewerage system that discharges sewage, 22 industrial wastes, or other wastes, directly or indirectly, 23 into the sewerage system of the sanitary district, unless a 24 written permit for the sewerage system has been granted by 25 the sanitary district acting through the general 26 superintendent. The sanitary district shall specify by 27 ordinance the changes, additions, or extensions to an 28 existing sewerage system that will require a permit. No 29 changes, additions, or extensions to any existing sewerage SB1506 Engrossed -2- LRB9205181MWdvA 1 systems discharging sewage, industrial wastes, or other 2 wastes into the sewerage system of the sanitary district, 3 that requires a permit, may be made until plans for the 4 changes, additions, or extensions have been submitted to and 5 a written permit obtained from the sanitary district acting 6 through the general superintendent; provided, however, that 7 this Section is not applicable in any municipality having a 8 population of more than 500,000. 9 (b) Sewerage systems shall be operated in accordance 10 with the ordinances of the sanitary district. The Board of 11 Commissioners of any sanitary district is authorized to 12 regulate, limit, extend, deny, or otherwise control any new 13 or existing connection, addition, or extension to any sewer 14 or sewerage system which directly or indirectly discharges 15 into the sanitary district sewerage system. The Board shall 16 adopt standards and specifications for construction, 17 operation, and maintenance. This Section shall not apply to 18 sewerage systems under the jurisdiction of any city, village, 19 or incorporated town having a population of 500,000 or more. 20 (c) The Board of Commissioners of any sanitary district 21 is hereby authorized to pass all necessary ordinances to 22 carry out the aforementioned powers. The ordinances may 23 provide for a civil penalty for each offense of not less than 24 $100 nor more than $1,000. Each day's continuance of the 25 violation shall be a separate offense. Hearings for 26 violations of the ordinances adopted by the Board of 27 Commissioners may be conducted by the Board of Commissioners 28 or its designee. 29 (d) Plans and specifications for any sewerage system 30 covered by this Act must be submitted to the sanitary 31 district before a written permit may be issued and the 32 construction of any sewerage system must be in accordance 33 with the plans and specifications. In case it is necessary 34 or desirable to make material changes in the plans or SB1506 Engrossed -3- LRB9205181MWdvA 1 specifications, the revised plans or specifications, together 2 with the reasons for the proposed changes, must be submitted 3 to the sanitary district for a supplemental written permit. 4 (e) The sanitary district, acting through the general 5 superintendent, may require any owner of a sewerage system 6 discharging into the sewerage system of the sanitary 7 district, to file with it complete plans of the whole or of 8 any part of the system and any other information and records 9 concerning the installation and operation of the system. 10 (f) The sanitary district, acting through the general 11 superintendent, may establish procedures for the review of 12 any plans, specifications, or other data relative to any 13 sewerage system, written permits for which are required by 14 this Act. 15 (g) The sanitary district, acting through the general 16 superintendent, may adopt and enforce rules and regulations 17 governing the issuance of permits and the method and manner 18 under which plans, specifications, or other data relative 19 thereto must be submitted for the sewerage systems or for 20 additions or changes to or extensions of the systems. 21 (h) After a hearing on an alleged violation of any such 22 ordinance, the Board may, in addition to any civil penalty 23 imposed, order any person found to have committed a violation 24 to reimburse the sanitary district for the costs of the 25 hearing, including any expenses incurred for inspection, 26 sampling, analysis, administrative costs, and court 27 reporter's and attorney's fees. The Board of Commissioners 28 may also require a person to achieve compliance with the 29 ordinance within a specified period of time. The 30 Administrative Review Law, and the rules adopted under that 31 Law, shall govern proceedings for the judicial review of 32 final orders of the Board of Commissioners issued under this 33 subsection. 34 (i) Civil penalties and costs imposed pursuant to this SB1506 Engrossed -4- LRB9205181MWdvA 1 Section are recoverable by the sanitary district in a civil 2 action. The sanitary district is authorized to apply to the 3 circuit court for injunctive relief or mandamus when, in the 4 opinion of the general superintendent, the person has failed 5 to comply with an order of the Board of Commissioners or the 6 relief is necessary to protect the sewerage system of the 7 sanitary district. 8 (j) The operation and maintenance of any existing 9 sanitary sewerage system serving territory that is annexed by 10 a municipality located in a county with a population of 11 3,000,000 or more after the effective date of this amendatory 12 Act of the 92nd General Assembly is the responsibility of the 13 municipality to which the territory is annexed, unless the 14 sanitary sewerage system is under the jurisdiction of another 15 unit of local government other than the District. 16 (Source: P.A. 90-354, eff. 8-8-97.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.