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Illinois Senate Bill SB2068

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2068 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2068 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 70 ILCS 2605/7a from Ch. 42, par. 326a Amends the Metropolitan Water Reclamation District Act. Provides that the Metropolitan Water Reclamation District of Greater Chicago may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the sanitary district and, in the discretion of the District, to allow those persons or entities registered with the District to view, modify, or submit documents using the electronic reporting system. Allows for email service of documents usually required to be served by U.S. first-class mail, U.S. certified mail, or personal service for persons or entities registered with the electronic reporting system. Provides that the District shall adopt rules, as approved by ordinance, to ensure service of process by email is properly effectuated upon the registered persons and entities. Effective immediately. LRB103 29852 AWJ 56261 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2068 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 70 ILCS 2605/7a from Ch. 42, par. 326a 70 ILCS 2605/7a from Ch. 42, par. 326a Amends the Metropolitan Water Reclamation District Act. Provides that the Metropolitan Water Reclamation District of Greater Chicago may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the sanitary district and, in the discretion of the District, to allow those persons or entities registered with the District to view, modify, or submit documents using the electronic reporting system. Allows for email service of documents usually required to be served by U.S. first-class mail, U.S. certified mail, or personal service for persons or entities registered with the electronic reporting system. Provides that the District shall adopt rules, as approved by ordinance, to ensure service of process by email is properly effectuated upon the registered persons and entities. Effective immediately. LRB103 29852 AWJ 56261 b LRB103 29852 AWJ 56261 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2068 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
33 70 ILCS 2605/7a from Ch. 42, par. 326a 70 ILCS 2605/7a from Ch. 42, par. 326a
44 70 ILCS 2605/7a from Ch. 42, par. 326a
55 Amends the Metropolitan Water Reclamation District Act. Provides that the Metropolitan Water Reclamation District of Greater Chicago may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the sanitary district and, in the discretion of the District, to allow those persons or entities registered with the District to view, modify, or submit documents using the electronic reporting system. Allows for email service of documents usually required to be served by U.S. first-class mail, U.S. certified mail, or personal service for persons or entities registered with the electronic reporting system. Provides that the District shall adopt rules, as approved by ordinance, to ensure service of process by email is properly effectuated upon the registered persons and entities. Effective immediately.
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88 A BILL FOR
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1111 1 AN ACT concerning local government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Metropolitan Water Reclamation District Act
1515 5 is amended by changing Section 7a as follows:
1616 6 (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
1717 7 Sec. 7a. Discharge into sewers of a sanitary district.
1818 8 (a) The terms used in this Section are defined as follows:
1919 9 "Board of Commissioners" means the Board of Commissioners
2020 10 of the sanitary district.
2121 11 "Sewage" means water-carried human wastes or a combination
2222 12 of water-carried wastes from residences, buildings,
2323 13 businesses, industrial establishments, institutions, or other
2424 14 places together with any ground, surface, storm, or other
2525 15 water that may be present.
2626 16 "Industrial Wastes" means all solids, liquids, or gaseous
2727 17 wastes resulting from any commercial, industrial,
2828 18 manufacturing, agricultural, trade, or business operation or
2929 19 process, or from the development, recovery, or processing of
3030 20 natural resources.
3131 21 "Other Wastes" means decayed wood, sawdust, shavings,
3232 22 bark, lime, refuse, ashes, garbage, offal, oil, tar,
3333 23 chemicals, and all other substances except sewage and
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2068 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3838 70 ILCS 2605/7a from Ch. 42, par. 326a 70 ILCS 2605/7a from Ch. 42, par. 326a
3939 70 ILCS 2605/7a from Ch. 42, par. 326a
4040 Amends the Metropolitan Water Reclamation District Act. Provides that the Metropolitan Water Reclamation District of Greater Chicago may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the sanitary district and, in the discretion of the District, to allow those persons or entities registered with the District to view, modify, or submit documents using the electronic reporting system. Allows for email service of documents usually required to be served by U.S. first-class mail, U.S. certified mail, or personal service for persons or entities registered with the electronic reporting system. Provides that the District shall adopt rules, as approved by ordinance, to ensure service of process by email is properly effectuated upon the registered persons and entities. Effective immediately.
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4343 A BILL FOR
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6868 1 industrial wastes.
6969 2 "Person" means any individual, firm, association, joint
7070 3 venture, sole proprietorship, company, partnership, estate
7171 4 copartnership, corporation, joint stock company, trust, school
7272 5 district, unit of local government, or private corporation
7373 6 organized or existing under the laws of this or any other state
7474 7 or country.
7575 8 "Executive Director" means the executive director of the
7676 9 sanitary district.
7777 10 (b) It shall be unlawful for any person to discharge
7878 11 sewage, industrial waste, or other wastes into the sewerage
7979 12 system of a sanitary district or into any sewer connected
8080 13 therewith, except upon the terms and conditions that the
8181 14 sanitary district might reasonably impose by way of ordinance,
8282 15 permit, or otherwise.
8383 16 Any sanitary district, in addition to all other powers
8484 17 vested in it and in the interest of public health and safety,
8585 18 or as authorized by subsections (b) and (c) of Section 46 of
8686 19 the Environmental Protection Act, is hereby empowered to pass
8787 20 all ordinances, rules, or regulations necessary to implement
8888 21 this Section, including but not limited to, the imposition of
8989 22 charges based on factors that influence the cost of treatment,
9090 23 including strength and volume, and including the right of
9191 24 access during reasonable hours to the premises of a person for
9292 25 enforcement of adopted ordinances, rules, or regulations.
9393 26 (c) Whenever the sanitary district acting through the
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104104 1 executive director determines that sewage, industrial wastes,
105105 2 or other wastes are being discharged into the sewerage system
106106 3 and when, in the opinion of the executive director the
107107 4 discharge is in violation of an ordinance, rules, or
108108 5 regulations adopted by the Board of Commissioners under this
109109 6 Section governing industrial wastes or other wastes, the
110110 7 executive director shall order the offending party to cease
111111 8 and desist. The order shall be served on the offending party by
112112 9 U.S. first-class mail, U.S. certified mail, or personally, or
113113 10 by email as provided in subsection (m) on the owner, officer,
114114 11 registered agent, or individual designated by permit.
115115 12 In the event the offending party fails or refuses to
116116 13 discontinue the discharge within 90 days after service
117117 14 notification of the cease and desist order, the executive
118118 15 director may order the offending party to show cause before
119119 16 the Board of Commissioners of the sanitary district why the
120120 17 discharge should not be discontinued. A notice shall be served
121121 18 on the offending party directing him, her, or it the offending
122122 19 party to show cause before the Board of Commissioners why an
123123 20 order should not be entered directing the discontinuance of
124124 21 the discharge. The notice shall specify the time and place
125125 22 where a hearing will be held and shall be served on the
126126 23 offending party by U.S. first-class mail, U.S. certified mail,
127127 24 personally, or by email as provided in subsection (m), by
128128 25 registered or certified mail at least 10 days before the
129129 26 hearing; and in the case of a unit of local government or a
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140140 1 corporation the service shall be upon an officer or agent
141141 2 thereof. After reviewing the evidence, the Board of
142142 3 Commissioners may issue an order to the party responsible for
143143 4 the discharge, directing that within a specified period of
144144 5 time the discharge be discontinued. The Board of Commissioners
145145 6 may also order the party responsible for the discharge to pay a
146146 7 civil penalty in an amount specified by the Board of
147147 8 Commissioners that is not less than $1,000 nor more than
148148 9 $2,000 per day for each day of discharge of effluent in
149149 10 violation of this Act as provided in subsection (d). The Board
150150 11 of Commissioners may also order the party responsible for the
151151 12 violation to pay court reporter costs and hearing officer fees
152152 13 in a total amount not exceeding $3,000.
153153 14 (d) The Board of Commissioners shall establish procedures
154154 15 for assessing civil penalties and issuing orders under
155155 16 subsection (c) as follows:
156156 17 (1) In making its orders and determinations, the Board
157157 18 of Commissioners shall take into consideration all the
158158 19 facts and circumstances bearing on the activities involved
159159 20 and the assessment of civil penalties as shown by the
160160 21 record produced at the hearing.
161161 22 (2) The Board of Commissioners shall establish a panel
162162 23 of independent hearing officers to conduct all hearings on
163163 24 the assessment of civil penalties and issuance of orders
164164 25 under subsection (c). The hearing officers shall be
165165 26 attorneys licensed to practice law in this State.
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176176 1 (3) The Board of Commissioners shall promulgate
177177 2 procedural rules governing the proceedings, the assessment
178178 3 of civil penalties, and the issuance of orders.
179179 4 (4) All hearings shall be on the record, and testimony
180180 5 taken must be under oath and recorded stenographically.
181181 6 Transcripts so recorded must be made available to any
182182 7 member of the public or any party to the hearing upon
183183 8 payment of the usual charges for transcripts. At the
184184 9 hearing, the hearing officer may issue, in the name of the
185185 10 Board of Commissioners, notices of hearing requesting the
186186 11 attendance and testimony of witnesses and the production
187187 12 of evidence relevant to any matter involved in the hearing
188188 13 and may examine witnesses.
189189 14 (5) The hearing officer shall conduct a full and
190190 15 impartial hearing on the record, with an opportunity for
191191 16 the presentation of evidence and cross-examination of the
192192 17 witnesses. The hearing officer shall issue findings of
193193 18 fact, conclusions of law, a recommended civil penalty, and
194194 19 an order based solely on the record. The hearing officer
195195 20 may also recommend, as part of the order, that the
196196 21 discharge of industrial waste be discontinued within a
197197 22 specified time.
198198 23 (6) The findings of fact, conclusions of law,
199199 24 recommended civil penalty, and order shall be transmitted
200200 25 to the Board of Commissioners along with a complete record
201201 26 of the hearing.
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212212 1 (7) The Board of Commissioners shall either approve or
213213 2 disapprove the findings of fact, conclusions of law,
214214 3 recommended civil penalty, and order. If the findings of
215215 4 fact, conclusions of law, recommended civil penalty, or
216216 5 order are rejected, the Board of Commissioners shall
217217 6 remand the matter to the hearing officer for further
218218 7 proceedings. If the order is accepted by the Board of
219219 8 Commissioners, it shall constitute the final order of the
220220 9 Board of Commissioners.
221221 10 (8) (Blank).
222222 11 (9) The civil penalty specified by the Board of
223223 12 Commissioners shall be paid within 35 days after the party
224224 13 on whom it is imposed receives a written copy of the order
225225 14 of the Board of Commissioners, unless the person or
226226 15 persons to whom the order is issued seeks judicial review.
227227 16 (10) If the respondent seeks judicial review of the
228228 17 order assessing civil penalties, the respondent shall,
229229 18 within 35 days after the date of the final order, pay the
230230 19 amount of the civil penalties into an escrow account
231231 20 maintained by the district for that purpose or file a bond
232232 21 guaranteeing payment of the civil penalties if the civil
233233 22 penalties are upheld on review.
234234 23 (11) Civil penalties not paid by the times specified
235235 24 above shall be delinquent and subject to a lien recorded
236236 25 against the property of the person ordered to pay the
237237 26 penalty. The foregoing provisions for asserting liens
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248248 1 against real estate by the sanitary district shall be in
249249 2 addition to and not in derogation of any other remedy or
250250 3 right of recovery, in law or equity, that the sanitary
251251 4 district may have with respect to the collection or
252252 5 recovery of penalties and charges imposed by the sanitary
253253 6 district. Judgment in a civil action brought by the
254254 7 sanitary district to recover or collect the charges shall
255255 8 not operate as a release and waiver of the lien upon the
256256 9 real estate for the amount of the judgment. Only
257257 10 satisfaction of the judgment or the filing of a release or
258258 11 satisfaction of lien shall release the lien.
259259 12 (e) The executive director may order a person to cease the
260260 13 discharge of industrial waste upon a finding by the executive
261261 14 director that the final order of the Board of Commissioners
262262 15 entered after a hearing to show cause has been violated. The
263263 16 executive director shall serve the person with a copy of his or
264264 17 her order shall be served on the offending party either by U.S.
265265 18 first-class mail, U.S. certified mail, or personally, or by
266266 19 email as provided in subsection (m) serving the owner,
267267 20 officer, registered agent, or individual designated by permit.
268268 21 The order of the executive director shall also schedule an
269269 22 expedited hearing before a hearing officer designated by the
270270 23 Board of Commissioners for the purpose of determining whether
271271 24 the company has violated the final order of the Board of
272272 25 Commissioners. The Board of Commissioners shall adopt rules of
273273 26 procedure governing expedited hearings. In no event shall the
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284284 1 hearing be conducted less than 7 days after service receipt by
285285 2 the person of the executive director's order on the offending
286286 3 party.
287287 4 At the conclusion of the expedited hearing, the hearing
288288 5 officer shall prepare a report with his or her findings and
289289 6 recommendations and transmit it to the Board of Commissioners.
290290 7 If the Board of Commissioners, after reviewing the findings
291291 8 and recommendations, and the record produced at the hearings,
292292 9 determines that the person has violated the Board of
293293 10 Commissioner's final order, the Board of Commissioners may
294294 11 authorize the plugging of the sewer. The executive director
295295 12 shall give not less than 10 days written notice of the Board of
296296 13 Commissioner's order to the owner, officer, registered agent,
297297 14 or individual designated by permit, as well as the owner of
298298 15 record of the real estate and other parties known to be
299299 16 affected, that the sewer will be plugged.
300300 17 The foregoing provision for plugging a sewer shall be in
301301 18 addition to and not in derogation of any other remedy, in law
302302 19 or in equity, that the district may have to prevent violation
303303 20 of its ordinances and orders of its Board of Commissioners.
304304 21 (f) A violation of the final order of the Board of
305305 22 Commissioners shall be considered a nuisance. If any person
306306 23 discharges sewage, industrial wastes, or other wastes into any
307307 24 waters contrary to the final order of the Board of
308308 25 Commissioners, the sanitary district acting through the
309309 26 executive director has the power to commence an action or
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320320 1 proceeding in the circuit court in and for the county in which
321321 2 the sanitary district is located for the purpose of having the
322322 3 discharge stopped either by mandamus or injunction, or to
323323 4 remedy the violation in any manner provided for in this
324324 5 Section.
325325 6 The court shall specify a time, not exceeding 20 days
326326 7 after the service of the copy of the complaint, in which the
327327 8 party complained of must plead to the complaint, and in the
328328 9 meantime, the party may be restrained. In case of default or
329329 10 after pleading, the court shall immediately inquire into the
330330 11 facts and circumstances of the case and enter an appropriate
331331 12 judgment in respect to the matters complained of. Appeals may
332332 13 be taken as in other civil cases.
333333 14 (g) The sanitary district, acting through the executive
334334 15 director, has the power to commence an action or proceeding
335335 16 for mandamus or injunction in the circuit court ordering a
336336 17 person to cease its discharge, when, in the opinion of the
337337 18 executive director, the person's discharge presents an
338338 19 imminent danger to the public health, welfare, or safety,
339339 20 presents or may present an endangerment to the environment, or
340340 21 threatens to interfere with the operation of the sewerage
341341 22 system or a water reclamation plant under the jurisdiction of
342342 23 the sanitary district. The initiation of a show cause hearing
343343 24 is not a prerequisite to the commencement by the sanitary
344344 25 district of an action or proceeding for mandamus or injunction
345345 26 in the circuit court. The court shall specify a time, not
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356356 1 exceeding 20 days after the service of a copy of the petition,
357357 2 in which the party complained of must answer the petition, and
358358 3 in the meantime, the party may be restrained. In case of
359359 4 default in answer or after answer, the court shall immediately
360360 5 inquire into the facts and circumstances of the case and enter
361361 6 an appropriate judgment order in respect to the matters
362362 7 complained of. An appeal may be taken from the final judgment
363363 8 in the same manner and with the same effect as appeals are
364364 9 taken from judgment of the circuit court in other actions for
365365 10 mandamus or injunction.
366366 11 (h) Whenever the sanitary district commences an action
367367 12 under subsection (f) of this Section, the court shall assess a
368368 13 civil penalty of not less than $1,000 nor more than $10,000 for
369369 14 each day the person violates a Board order. Whenever the
370370 15 sanitary district commences an action under subsection (g) of
371371 16 this Section, the court shall assess a civil penalty of not
372372 17 less than $1,000 nor more than $10,000 for each day the person
373373 18 violates the ordinance. Each day's continuance of the
374374 19 violation is a separate offense. The penalties provided in
375375 20 this Section plus interest at the rate set forth in the
376376 21 Interest Act on unpaid penalties, costs, and fees, imposed by
377377 22 the Board of Commissioners under subsection (d), the
378378 23 reasonable costs to the sanitary district of removal or other
379379 24 remedial action caused by discharges in violation of this Act,
380380 25 reasonable attorney's fees, court costs, and other expenses of
381381 26 litigation together with costs for inspection, sampling,
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392392 1 analysis, and administration related to the enforcement action
393393 2 against the offending party are recoverable by the sanitary
394394 3 district in a civil action.
395395 4 (i) The Board of Commissioners may establish fees for late
396396 5 filing of reports with the sanitary district required by an
397397 6 ordinance governing discharges. The sanitary district shall
398398 7 provide by certified mail a written notice of the fee
399399 8 assessment, by U.S. first-class mail, U.S. certified mail,
400400 9 personally, or by email as provided in subsection (m), that
401401 10 states the person has 30 days after being served with the
402402 11 receipt of the notice to request a conference with the
403403 12 executive director's designee to discuss or dispute the
404404 13 appropriateness of the assessed fee. Unless a person objects
405405 14 to paying the fee for filing a report late by timely requesting
406406 15 in writing a conference with a designee of the executive
407407 16 director, that person waives his or her right to a conference
408408 17 and the sanitary district may impose a lien recorded against
409409 18 the property of the person for the amount of the unpaid fee.
410410 19 If a person requests a conference and the matter is not
411411 20 resolved at the conference, the person subject to the fee may
412412 21 request an administrative hearing before an impartial hearing
413413 22 officer appointed under subsection (d) to determine the
414414 23 person's liability for and the amount of the fee.
415415 24 If the hearing officer finds that the late filing fees are
416416 25 owed to the sanitary district, the sanitary district shall
417417 26 notify the responsible person or persons of the hearing
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428428 1 officer's decision. If payment is not made within 30 days
429429 2 after the notice, the sanitary district may impose a lien on
430430 3 the property of the person or persons.
431431 4 Any liens filed under this subsection shall apply only to
432432 5 the property to which the late filing fees are related. A claim
433433 6 for lien shall be filed in the office of the recorder of the
434434 7 county in which the property is located. The filing of a claim
435435 8 for lien by the district does not prevent the sanitary
436436 9 district from pursuing other means for collecting late filing
437437 10 fees. If a claim for lien is filed, the sanitary district shall
438438 11 notify the person whose property is subject to the lien, and
439439 12 the person may challenge the lien by filing an action in the
440440 13 circuit court. The action shall be filed within 90 days after
441441 14 the person receives the notice of the filing of the claim for
442442 15 lien. The court shall hear evidence concerning the underlying
443443 16 reasons for the lien only if an administrative hearing has not
444444 17 been held under this subsection.
445445 18 (j) If the provisions of any paragraph of this Section are
446446 19 declared unconstitutional or invalid by the final decision of
447447 20 any court of competent jurisdiction, the provisions of the
448448 21 remaining paragraphs continue in effect.
449449 22 (k) Nothing in this Section eliminates any of the powers
450450 23 now granted to municipalities having a population of 500,000
451451 24 or more as to design, preparation of plans, and construction,
452452 25 maintenance, and operation of sewers and sewerage systems, or
453453 26 for the control and elimination or prevention of the pollution
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464464 1 of their waters or waterways, in the Illinois Municipal Code
465465 2 or any other Act of the State of Illinois.
466466 3 (l) The provisions of the Administrative Review Law and
467467 4 all amendments and rules adopted pursuant to that Law apply to
468468 5 and govern all proceedings for the judicial review of final
469469 6 administrative decisions of the Board of Commissioners in the
470470 7 enforcement of any ordinance, rule, or regulation adopted
471471 8 under this Act.
472472 9 (m) The sanitary district may implement an electronic
473473 10 reporting system that will allow notices, orders, and other
474474 11 documents to be sent directly by email to persons or entities
475475 12 registered with the sanitary district, and, in the discretion
476476 13 of the sanitary district, to allow those persons or entities
477477 14 registered with the sanitary district to view, modify, or
478478 15 submit documents using the electronic reporting system.
479479 16 Wherever this Section provides for service of documents by the
480480 17 sanitary district by U.S. first-class mail, U.S. certified
481481 18 mail, or personal service, the sanitary district may serve by
482482 19 email the documents upon the registered persons or entities in
483483 20 lieu of service by U.S. first-class mail, U.S. certified mail,
484484 21 or personal service. The sanitary district shall adopt rules,
485485 22 as approved by ordinance, to ensure service of process by
486486 23 email is properly effectuated upon the registered persons and
487487 24 entities.
488488 25 (Source: P.A. 96-328, eff. 8-11-09; 97-298, eff. 8-11-11.)
489489 26 Section 99. Effective date. This Act takes effect upon
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499499 SB2068 - 14 - LRB103 29852 AWJ 56261 b
500500 1 becoming law.
501501
502502
503503
504504
505505
506506 SB2068 - 14 - LRB103 29852 AWJ 56261 b