Illinois 2025-2026 Regular Session

Illinois House Bill HB3703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3703 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: New Act735 ILCS 30/15-5-49 new Creates the West Cook Flood Prevention District Act. Establishes the West Cook Flood Prevention District for the purpose of managing the water that flows into the Town of Cicero sewer system, including connected sewer systems. Provides that the territory of the district is the corporate limits of the Town of Cicero as well as the portions of the City of Berwyn, the Village of Oak Park, and the City of Chicago from which sewage or stormwater is discharged into the Town of Cicero sewerage system or any sewer connected within those areas. Includes provisions relating to appointment of trustees, board of trustee powers, enactment of ordinances and rules, fines and criminal offenses for ordinance violations, sewer systems, sewage and stormwater agreements, fees and special assessments that may be charged, unlawful discharge into sewers of the district, acquisition of real and personal property, eminent domain, lease of property, borrowing of money and issuance of bonds, a district assistance program, contractual requirements, and other provisions about the operation of the district. Amends the Eminent Domain Act to provide that the Board of Trustees of the West Cook Flood Prevention District may acquire property by condemnation or eminent domain for general district purposes. LRB104 11173 JRC 21255 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3703 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: New Act735 ILCS 30/15-5-49 new New Act 735 ILCS 30/15-5-49 new Creates the West Cook Flood Prevention District Act. Establishes the West Cook Flood Prevention District for the purpose of managing the water that flows into the Town of Cicero sewer system, including connected sewer systems. Provides that the territory of the district is the corporate limits of the Town of Cicero as well as the portions of the City of Berwyn, the Village of Oak Park, and the City of Chicago from which sewage or stormwater is discharged into the Town of Cicero sewerage system or any sewer connected within those areas. Includes provisions relating to appointment of trustees, board of trustee powers, enactment of ordinances and rules, fines and criminal offenses for ordinance violations, sewer systems, sewage and stormwater agreements, fees and special assessments that may be charged, unlawful discharge into sewers of the district, acquisition of real and personal property, eminent domain, lease of property, borrowing of money and issuance of bonds, a district assistance program, contractual requirements, and other provisions about the operation of the district. Amends the Eminent Domain Act to provide that the Board of Trustees of the West Cook Flood Prevention District may acquire property by condemnation or eminent domain for general district purposes. LRB104 11173 JRC 21255 b LRB104 11173 JRC 21255 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3703 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
3	3	New Act735 ILCS 30/15-5-49 new New Act 735 ILCS 30/15-5-49 new
4	4	New Act
5	5	735 ILCS 30/15-5-49 new
6	6	Creates the West Cook Flood Prevention District Act. Establishes the West Cook Flood Prevention District for the purpose of managing the water that flows into the Town of Cicero sewer system, including connected sewer systems. Provides that the territory of the district is the corporate limits of the Town of Cicero as well as the portions of the City of Berwyn, the Village of Oak Park, and the City of Chicago from which sewage or stormwater is discharged into the Town of Cicero sewerage system or any sewer connected within those areas. Includes provisions relating to appointment of trustees, board of trustee powers, enactment of ordinances and rules, fines and criminal offenses for ordinance violations, sewer systems, sewage and stormwater agreements, fees and special assessments that may be charged, unlawful discharge into sewers of the district, acquisition of real and personal property, eminent domain, lease of property, borrowing of money and issuance of bonds, a district assistance program, contractual requirements, and other provisions about the operation of the district. Amends the Eminent Domain Act to provide that the Board of Trustees of the West Cook Flood Prevention District may acquire property by condemnation or eminent domain for general district purposes.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the West
16	16	5 Cook Flood Prevention District Act.
17	17	6 Section 5. District established. A flood prevention
18	18	7 district is formed to be known as the West Cook Flood
19	19	8 Prevention District created for the purpose of managing the
20	20	9 water that flows into the Town of Cicero sewer system,
21	21	10 including the interceptor sewer.
22	22	11 Section 10. Territory of district. The district is
23	23	12 composed of corporate limits of the Town of Cicero as well as
24	24	13 the portions of the City of Berwyn, the Village of Oak Park,
25	25	14 and the City of Chicago from which sewage or stormwater is
26	26	15 discharged into the Cicero sewerage system or any sewer
27	27	16 connected therewith. Within 90 days after the effective date
28	28	17 of this Act, the board shall meet and create a legal
29	29	18 description of the boundaries of the district.
30	30	19 Section 15. Appointment of trustees; terms. The board of
31	31	20 trustees of the West Cook Flood Prevention District consists
32	32	21 of the following trustees: four of the trustees shall be
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3703 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
37	37	New Act735 ILCS 30/15-5-49 new New Act 735 ILCS 30/15-5-49 new
38	38	New Act
39	39	735 ILCS 30/15-5-49 new
40	40	Creates the West Cook Flood Prevention District Act. Establishes the West Cook Flood Prevention District for the purpose of managing the water that flows into the Town of Cicero sewer system, including connected sewer systems. Provides that the territory of the district is the corporate limits of the Town of Cicero as well as the portions of the City of Berwyn, the Village of Oak Park, and the City of Chicago from which sewage or stormwater is discharged into the Town of Cicero sewerage system or any sewer connected within those areas. Includes provisions relating to appointment of trustees, board of trustee powers, enactment of ordinances and rules, fines and criminal offenses for ordinance violations, sewer systems, sewage and stormwater agreements, fees and special assessments that may be charged, unlawful discharge into sewers of the district, acquisition of real and personal property, eminent domain, lease of property, borrowing of money and issuance of bonds, a district assistance program, contractual requirements, and other provisions about the operation of the district. Amends the Eminent Domain Act to provide that the Board of Trustees of the West Cook Flood Prevention District may acquire property by condemnation or eminent domain for general district purposes.
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43	43	A BILL FOR
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49	49	New Act
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69	69	1 residents of the Town of Cicero, one shall be a resident of the
70	70	2 City of Berwyn, one shall be a resident of the Village of Oak
71	71	3 Park, and one shall be a resident of the City of Chicago. The
72	72	4 appointment of the trustees shall be made by the president or
73	73	5 mayor of each municipality in which the trustee resides with
74	74	6 the advice and consent of the respective municipal board or
75	75	7 council.
76	76	8 In the first appointments to the board of trustees, the
77	77	9 appointing authority appointing 4 trustees shall designate 2
78	78	10 appointees to serve for a term of 3 years and 2 appointees to
79	79	11 serve for a term of 5 years, and the appointing authorities
80	80	12 appointing one trustee each shall designate their appointees
81	81	13 to serve for a term of 2 years.
82	82	14 Thereafter, trustees shall be appointed by the appropriate
83	83	15 appointing authority for a term of 4 years. A vacancy on the
84	84	16 board of trustees shall be filled by appointment by the
85	85	17 appropriate appointing authority for the remainder of the
86	86	18 unexpired term.
87	87	19 Each trustee's term shall begin on May 15 of the year in
88	88	20 which the trustee was appointed, except for the initial
89	89	21 appointments made under this Act. Within 30 days after the
90	90	22 effective date of this Act, as provided in this Section, each
91	91	23 appointing authority shall appoint the initial trustees, whose
92	92	24 terms begin 60 days after the effective date of this Act.
93	93	25 Each of the trustees, upon entering the duties of their
94	94	26 respective offices, shall execute a bond with security, in the
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105	105	1 amount and form to be approved by the board of trustees,
106	106	2 payable to the district, in the penal sum of not less than
107	107	3 $10,000, as directed by resolution or ordinance, conditioned
108	108	4 upon the faithful performance of the duties of the office.
109	109	5 Each bond shall be filed with and preserved by the board
110	110	6 secretary.
111	111	7 When a vacancy exists in the office of trustees of the
112	112	8 district, the vacancy shall be filled by appointment of an
113	113	9 individual of the same municipality as that of the trustee who
114	114	10 vacated the seat by the same appointing authority as the
115	115	11 trustee who vacated the seat, with the advice and consent of
116	116	12 the district board of trustees, and the appointment shall be
117	117	13 for the remainder of the term.
118	118	14 A majority of the board of trustees constitutes a quorum.
119	119	15 A trustee or employee of the district may not be directly or
120	120	16 indirectly interested: in a contract, work, or business of the
121	121	17 district or the sale of any article, the expense, price, or
122	122	18 consideration that is paid by the district; or in the purchase
123	123	19 of a real estate or other property belonging to the district or
124	124	20 that shall be sold for taxes or assessments or by virtue of
125	125	21 legal process at the suit of the district. The trustees may
126	126	22 provide and adopt a corporate seal for the district.
127	127	23 Section 20. Board of trustees; powers; compensation. The
128	128	24 board of trustees shall exercise all the powers and manage and
129	129	25 control all the affairs and property of the district. The
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140	140	1 board shall elect by popular vote a president and
141	141	2 vice-president from among their own number. In case of the
142	142	3 death, resignation, absence from the State, or other
143	143	4 disability of the president, the powers, duties, and
144	144	5 emoluments of the office of the president shall devolve upon
145	145	6 the vice-president until the disability is removed or until a
146	146	7 successor to the president is appointed and chosen in the
147	147	8 manner provided in this Act. The board may select a secretary,
148	148	9 treasurer, and attorney and may provide by ordinance for the
149	149	10 employment of other employees as the board deems necessary for
150	150	11 the district.
151	151	12 The board may appoint such other officers and hire such
152	152	13 employees to manage and control the operations of the district
153	153	14 as it deems necessary; except that the board may not employ an
154	154	15 individual as a wastewater operator whose certificate of
155	155	16 technical competency is suspended or revoked under rules
156	156	17 adopted by the Pollution Control Board under item (4) of
157	157	18 subsection (a) of Section 13 of the Environmental Protection
158	158	19 Act. All employees selected by the board shall hold their
159	159	20 respective offices during the pleasure of the board and give a
160	160	21 bond as may be required by the board. The board may prescribe
161	161	22 the duties and fix the compensation of all the officers and
162	162	23 employees of the district. However, the president of the board
163	163	24 may not receive more than $18,000 per year, and each other
164	164	25 member of the board may not receive more than $15,000 per year.
165	165	26 The board of trustees may pass all necessary ordinances,
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176	176	1 rules, and regulations for the proper management and conduct
177	177	2 of the business of the board and of the district and for
178	178	3 carrying into effect the objects for which the district was
179	179	4 formed. The ordinances may provide for a fine for each offense
180	180	5 of not less than $100 or more than $1,000. Each day's
181	181	6 continuance of a violation shall be a separate offense. Fines
182	182	7 under this Section are recoverable by the district in a civil
183	183	8 action. The district may apply to the circuit court for
184	184	9 injunctive relief or mandamus when, in the opinion of the
185	185	10 board of trustees, the relief is necessary to protect the
186	186	11 sewerage system of the district.
187	187	12 Section 25. Ordinance enactment and rulemaking procedures.
188	188	13 (a) No ordinance or rule imposing a penalty, or assessing
189	189	14 a charge under Section 80, shall take effect until the board of
190	190	15 trustees has complied with the requirements of this Section.
191	191	16 As used in this Section, "rule" means a rule, regulation,
192	192	17 order, or resolution.
193	193	18 (1) Not less than 30 days before the effective date of
194	194	19 a proposed ordinance or rule imposing a penalty or
195	195	20 assessing a charge under Section 80, the board of trustees
196	196	21 shall publish a general notice of the proposed ordinance
197	197	22 or rule imposing a penalty or assessing a charge under
198	198	23 Section 80 in a newspaper of general circulation in the
199	199	24 district or, if no such newspaper exists, shall post
200	200	25 copies of the notice in 3 public places in the district
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211	211	1 unless persons subject to the proposed ordinance or rule
212	212	2 are named and either personally served or otherwise have
213	213	3 actual notice in accordance with the law. The notice shall
214	214	4 include the following:
215	215	5 (A) A statement of the time, place, and nature of
216	216	6 public proceedings to consider or adopt the proposed
217	217	7 ordinance or rule.
218	218	8 (B) Reference to the legal authority under which
219	219	9 the ordinance or rule is proposed.
220	220	10 (C) Either the terms or substance of the proposed
221	221	11 ordinance or rule or a description of the subjects and
222	222	12 issues involved.
223	223	13 (2) After publication or service of the notice of the
224	224	14 proposed ordinance or rule imposing a penalty or assessing
225	225	15 a charge under Section 80, the board of trustees shall
226	226	16 give interested persons a meaningful opportunity to
227	227	17 participate in the process through submission of written
228	228	18 data, views, or arguments with or without the opportunity
229	229	19 for oral presentation. After consideration of the relevant
230	230	20 matter presented, the board of trustees shall incorporate
231	231	21 in the adopted ordinance or rule a concise general
232	232	22 statement of its basis and purpose and in an accompanying
233	233	23 explanatory notice shall specifically address each comment
234	234	24 received by the board.
235	235	25 (3) The board of trustees shall make the required
236	236	26 publication or service of notice of a final ordinance or
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247	247	1 rule imposing a penalty or assessing a charge under
248	248	2 Section 80 not less than 30 days before its effective
249	249	3 date.
250	250	4 (b) Except as otherwise provided in this Section, no other
251	251	5 ordinance or rule shall take effect until 10 days after it is
252	252	6 published. However, notwithstanding the provisions of this
253	253	7 Section, any ordinance or rule that contains a statement of
254	254	8 its urgency in the preamble or body thereof, may take effect
255	255	9 immediately upon its passage if the board of trustees, by a
256	256	10 vote of two-thirds of all the members then holding office, so
257	257	11 direct. The decision of the board of trustees as to the urgency
258	258	12 of any ordinance is not subject to judicial review except for
259	259	13 an abuse of discretion.
260	260	14 (c) Except as otherwise provided in this Section, all
261	261	15 ordinances, rules, or resolutions shall be (i) printed or
262	262	16 published in book or pamphlet form, published by authority of
263	263	17 the board of trustees, or (ii) published at least once, within
264	264	18 30 days after passage, in one or more newspapers published in
265	265	19 the district, or, if no newspaper is published therein, then
266	266	20 in one or more newspapers with a general circulation within
267	267	21 the district. Publication shall be satisfied by either item
268	268	22 (i) or (ii) notwithstanding any other provision in this Act.
269	269	23 If there is an error in printing, the publishing requirement
270	270	24 of this Act is satisfied if those portions of the ordinance or
271	271	25 rule that were erroneously printed are republished, correctly,
272	272	26 within 30 days after the original publication that contained
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283	283	1 the error. The fact that an error occurred in publication does
284	284	2 not affect the effective date of the ordinance or rule so
285	285	3 published. If the error in printing is not corrected within 30
286	286	4 days after the date of the original publication that contained
287	287	5 the error, as provided in this paragraph, the board of
288	288	6 trustees may, by ordinance, declare the ordinance or rule that
289	289	7 was erroneously published to be nevertheless valid and in
290	290	8 effect no sooner than 10 days after the date of the original
291	291	9 publication, notwithstanding the error in publication, and
292	292	10 shall order the original ordinance or rule to be published
293	293	11 once more within 30 days after the passage of the validating
294	294	12 ordinance.
295	295	13 (d) The board of trustees shall give an interested person
296	296	14 the right to petition for the issuance, amendment, or repeal
297	297	15 of an ordinance or a rule.
298	298	16 Section 30. Certification of ordinances, orders, and
299	299	17 resolutions; judicial notice. All ordinances, orders, and
300	300	18 resolutions, and the date of publication thereof, may be
301	301	19 proven by the certificate of the clerk, under the seal of the
302	302	20 district, and, when printed in book or pamphlet form and
303	303	21 purporting to be published by the board of trustees, such book
304	304	22 or pamphlet shall be received as evidence of the passage and
305	305	23 legal publication of such ordinances, orders, and resolutions
306	306	24 as of the dates mentioned in such book or pamphlet in all
307	307	25 courts and places without further proof.
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318	318	1 Section 35. Fines and criminal offenses for ordinance or
319	319	2 resolution violations. Actions to impose a fine or
320	320	3 imprisonment for violation of a district ordinance or
321	321	4 resolution adopted under authority of this Act shall be
322	322	5 brought in the corporate name of the district as plaintiff.
323	323	6 Such actions shall commence with a complaint or a warrant. A
324	324	7 warrant may be issued upon execution of an affidavit by any
325	325	8 person alleging that he has reasonable grounds to believe that
326	326	9 the person to be named in the warrant has violated a district
327	327	10 ordinance or resolution. A person arrested upon such a warrant
328	328	11 shall be taken without unnecessary delay before the proper
329	329	12 officer for trial.
330	330	13 Fines for the violation of district ordinances or
331	331	14 resolutions shall be established by ordinance or resolution
332	332	15 and, when collected, shall be paid into the district treasury
333	333	16 at such times and in a manner prescribed by ordinance or
334	334	17 resolution.
335	335	18 A person who is fined for violation of a district
336	336	19 ordinance or resolution may be committed to the county jail or
337	337	20 to any place provided by ordinance or resolution for the
338	338	21 incarceration of offenders until the fine and costs are paid.
339	339	22 No incarceration, however, shall exceed 6 months for any one
340	340	23 offense.
341	341	24 The committed person shall be allowed, exclusive of the
342	342	25 person's board, a credit of $5 toward the fine and costs for
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353	353	1 each day of confinement. The district may make agreements with
354	354	2 a county or municipality for holding such persons in a
355	355	3 facility operated by them for the incarceration of violators
356	356	4 of ordinances or resolutions.
357	357	5 Section 40. Powers of the board of trustees. The board of
358	358	6 trustees of the district may provide for the efficient
359	359	7 drainage of storm and sewer waters within the district and
360	360	8 save and preserve the water supplied to the inhabitants of the
361	361	9 district from contamination. For that purpose, the board may
362	362	10 construct and maintain an enclosed conduit or conduits, main
363	363	11 pipes, wholly or partially submerged, buried or otherwise, and
364	364	12 by means of pumps or otherwise cause such sewage or stormwater
365	365	13 to flow or to be forced through such conduit or conduits, pipe
366	366	14 or pipes to and into any ditch or canal constructed and
367	367	15 operated by any other district, after having first acquired
368	368	16 the right so to do. Such board may provide for the drainage of
369	369	17 the district by laying out, establishing, constructing, and
370	370	18 maintaining one or more channels, drains, ditches, and outlets
371	371	19 for carrying off and disposing of the drainage, including the
372	372	20 sewage, of the district, together with such adjuncts and
373	373	21 additions thereto as may be necessary or proper to cause such
374	374	22 channels or outlets to accomplish the end for which they are
375	375	23 designed, in a satisfactory manner, including pumps and
376	376	24 pumping stations and the operation of the same. Such board may
377	377	25 provide suitable and modernly equipped sewage treatment works
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388	388	1 or plants for the separation and treatment of all solids and
389	389	2 deleterious matter from the liquids, shall treat and purify
390	390	3 the residue of such sewage so that when it flows into any lake,
391	391	4 and may not injuriously contaminate the waters thereof. The
392	392	5 board may adopt any feasible method to accomplish the object
393	393	6 for which the district was created and may also provide means
394	394	7 whereby the district may reach and procure supplies of water
395	395	8 for diluting and flushing purposes. The board of trustees of
396	396	9 the district may also enter into an agreement to sell, convey,
397	397	10 or disburse treated wastewater to any public or private entity
398	398	11 located within or outside the boundaries of the district. Any
399	399	12 use of treated wastewater by a public or private entity is
400	400	13 subject to the orders of the Pollution Control Board. The
401	401	14 agreement may not exceed 20 years.
402	402	15 Nothing in this Section may be construed to empower,
403	403	16 authorize, or require such board of trustees to operate a
404	404	17 system of water works for the purpose of furnishing or
405	405	18 delivering water to any such municipality or to the
406	406	19 inhabitants of the municipality without payment for the water
407	407	20 at such rates as the board may determine. Nothing in this Act
408	408	21 shall require a district to extend service to any individual
409	409	22 residence or other building within the district, and it is the
410	410	23 intent of the General Assembly that any construction or
411	411	24 funding contemplated by this Section shall be restricted to
412	412	25 construction or funding of works and main or interceptor
413	413	26 sewers, conduits, channels, and similar facilities, but not
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424	424	1 individual service lines. Nothing in this Act authorizes the
425	425	2 trustees to flow the stormwater or sewage of the district into
426	426	3 Lake Michigan. Any such plan for sewage disposal by the
427	427	4 district is prohibited unless such sewage has been treated and
428	428	5 purified as provided in this Section, all laws of the federal
429	429	6 government relating to the pollution of navigable waters have
430	430	7 been complied with, and the approval of plans and
431	431	8 constructions of outlets and connection with any of the
432	432	9 streams or navigable bodies of water within or bordering upon
433	433	10 the State has been obtained from the Department of Natural
434	434	11 Resources. The discharge of any sewage from the district into
435	435	12 any of the streams or navigable bodies of water within or
436	436	13 bordering upon the State is subject to the orders of the
437	437	14 Pollution Control Board. Nothing in this Act may be construed
438	438	15 as superseding or in any manner limiting the provisions of the
439	439	16 Environmental Protection Act.
440	440	17 After the construction of such a sewage disposal plant, if
441	441	18 the board finds that it will promote the prevention of
442	442	19 pollution of waters of the State, such board of trustees may
443	443	20 adopt ordinances or rules and regulations prohibiting or
444	444	21 regulating the discharge to sewers of inadmissible wastes or
445	445	22 substances toxic to biological wastewater treatment processes.
446	446	23 Inadmissible wastes include those that create a fire or
447	447	24 explosion hazard in the sewer or treatment works; those that
448	448	25 will impair the hydraulic capacity of sewer systems; and those
449	449	26 that, in any quantity, create a hazard to people, sewer
450	450
451	451
452	452
453	453
454	454
455	455	HB3703 - 12 - LRB104 11173 JRC 21255 b
456	456
457	457
458	458	HB3703- 13 -LRB104 11173 JRC 21255 b HB3703 - 13 - LRB104 11173 JRC 21255 b
459	459	HB3703 - 13 - LRB104 11173 JRC 21255 b
460	460	1 systems, treatment processes, or receiving waters. Substances
461	461	2 that may be toxic to wastewater treatment processes include
462	462	3 copper, chromium, lead, zinc, arsenic, nickel, barium,
463	463	4 cadmium, mercury, selenium, silver, and any poisonous
464	464	5 compounds, such as cyanide or radioactive wastes that pass
465	465	6 through wastewater treatment plants in hazardous
466	466	7 concentrations and menace users of the receiving waters. Such
467	467	8 ordinances or rules and regulations shall be effective
468	468	9 throughout the district in both the incorporated areas as well
469	469	10 as the unincorporated areas and all public sewers therein.
470	470	11 Section 45. Additional powers of the board of trustees.
471	471	12 (a) In addition to the powers and authority under this
472	472	13 Act, the board of trustees of the district may, by majority
473	473	14 vote:
474	474	15 (1) To use the general funds of the district to
475	475	16 defend, indemnify, and hold harmless, in whole or in part,
476	476	17 the board of trustees, members of the board of trustees,
477	477	18 and officials and employees of the district from financial
478	478	19 loss and expenses, including court costs, investigation
479	479	20 costs, actuarial studies, attorney's fees, and actual and
480	480	21 punitive damages arising out of any civil proceedings,
481	481	22 including, but not limited to, proceedings alleging
482	482	23 antitrust violations or the deprivation of civil or
483	483	24 constitutional rights, claims, demands, or judgments
484	484	25 instituted, made, or entered against such board, trustee,
485	485
486	486
487	487
488	488
489	489
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491	491
492	492
493	493	HB3703- 14 -LRB104 11173 JRC 21255 b HB3703 - 14 - LRB104 11173 JRC 21255 b
494	494	HB3703 - 14 - LRB104 11173 JRC 21255 b
495	495	1 official, or employee by reason of its or the person's
496	496	2 wrongful or negligent statements, acts, or omissions if
497	497	3 such statements, acts, or omissions: (i) occur while the
498	498	4 board, trustee, official, or employee is acting in the
499	499	5 discharge of its or the person's duties and within the
500	500	6 scope of employment; and (ii) do not constitute willful
501	501	7 and wanton misconduct.
502	502	8 (2) To obtain and provide for any or all the matters
503	503	9 and purposes described in paragraph (1) for public
504	504	10 officials' liability, comprehensive general liability, and
505	505	11 such other forms of insurance coverage as the board of
506	506	12 trustees shall determine necessary or advisable and any
507	507	13 insurance so obtained and provided must be carried in a
508	508	14 company or companies licensed to write such coverage in
509	509	15 this State.
510	510	16 (3) To establish and provide for any or all the
511	511	17 matters and purposes described in paragraph (1) a program
512	512	18 of self-insurance and, in furtherance thereof, to
513	513	19 establish and accumulate reserves for the payment of
514	514	20 financial loss and expenses, including court costs,
515	515	21 investigation costs, actuarial studies, attorney's fees,
516	516	22 and actual and punitive damages associated with
517	517	23 liabilities arising out of civil proceedings, claims,
518	518	24 demands, or judgments instituted, made, or entered as set
519	519	25 forth in paragraph (1).
520	520	26 (4) In connection with providing for any or all the
521	521
522	522
523	523
524	524
525	525
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527	527
528	528
529	529	HB3703- 15 -LRB104 11173 JRC 21255 b HB3703 - 15 - LRB104 11173 JRC 21255 b
530	530	HB3703 - 15 - LRB104 11173 JRC 21255 b
531	531	1 matters and purposes described in paragraph (1) and when
532	532	2 permitted by law to enter into an agreement with any
533	533	3 special district, unit of government, person, or
534	534	4 corporation for the use of property or the performance of
535	535	5 any function, service, or act, to agree to the sharing or
536	536	6 allocation of liabilities and damages resulting from such
537	537	7 use of property or performance of function, service or
538	538	8 act, in which event such agreement may provide for
539	539	9 contribution or indemnification by any or all the parties
540	540	10 to the agreement upon any liability arising out of the
541	541	11 performance of the agreement.
542	542	12 (b) If the board of trustees of the district undertakes to
543	543	13 provide insurance or to establish a program of self-insurance
544	544	14 and to establish and accumulate reserves for any or all the
545	545	15 matters and purposes described in paragraph (1) of subsection
546	546	16 (a), such reserves shall be established and accumulated for
547	547	17 such matters and purposes subject to the following conditions:
548	548	18 (1) the amount of such reserves may not exceed the
549	549	19 amount necessary and proper, based on experience or
550	550	20 independent actuarial determinations;
551	551	21 (2) all earnings derived from such reserves shall be
552	552	22 considered part of the reserves and may be used only for
553	553	23 the same matters and purposes for which the reserves may
554	554	24 be used;
555	555	25 (3) reserves may be used only: for the purposes of
556	556	26 making payments for financial loss and expenses, including
557	557
558	558
559	559
560	560
561	561
562	562	HB3703 - 15 - LRB104 11173 JRC 21255 b
563	563
564	564
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566	566	HB3703 - 16 - LRB104 11173 JRC 21255 b
567	567	1 actual and punitive damages, attorney's fees, court costs,
568	568	2 investigation costs, and actuarial studies associated with
569	569	3 liabilities arising out of civil proceedings, claims,
570	570	4 demands, or judgments instituted, made, or entered under
571	571	5 paragraph (1) of subsection (a) in connection with the
572	572	6 statements, acts, or omissions of the board or of a
573	573	7 trustee, official, or employee of the board or the
574	574	8 district of which the statements, acts, or omissions occur
575	575	9 while the board, trustee, official, or employee is acting
576	576	10 in the discharge of the board's or person's duties and
577	577	11 within the scope of employment and of which the
578	578	12 statements, acts, or omissions do not constitute willful
579	579	13 and wanton misconduct; for payment of insurance premiums;
580	580	14 and for the purposes of making payments for losses
581	581	15 resulting from any insured peril;
582	582	16 (4) all funds collected for the matters and purposes
583	583	17 specified in paragraph (3) or earmarked for such matters
584	584	18 and purposes must be placed in the reserves; and
585	585	19 (5) whenever the reserves have a balance in excess of
586	586	20 what is necessary and proper, then contributions, charges,
587	587	21 assessments, or other forms of funding for the reserves
588	588	22 shall be appropriately decreased.
589	589	23 Section 50. Town of Cicero sewer system. In providing for
590	590	24 works and maintenance for the collection of water into the
591	591	25 Town of Cicero sewer system or systems owned or operated by the
592	592
593	593
594	594
595	595
596	596
597	597	HB3703 - 16 - LRB104 11173 JRC 21255 b
598	598
599	599
600	600	HB3703- 17 -LRB104 11173 JRC 21255 b HB3703 - 17 - LRB104 11173 JRC 21255 b
601	601	HB3703 - 17 - LRB104 11173 JRC 21255 b
602	602	1 district, the district may apportion and collect therefore,
603	603	2 from the municipal producer thereof, fair construction,
604	604	3 maintenance, and operating costs on an annual basis, and, if a
605	605	4 dispute arises as to the fairness of such additional
606	606	5 construction, maintenance, and operating costs, then the same
607	607	6 shall be determined by an arbitration board of 3 engineers,
608	608	7 one appointed by the district, one appointed by such producer
609	609	8 or producers or their legal representatives, and the third to
610	610	9 be appointed by the 2 engineers selected as above described.
611	611	10 If the 2 engineers so selected fail to agree upon a third
612	612	11 engineer, then, upon the petition of either of the parties,
613	613	12 the circuit judge shall appoint such third engineer. A
614	614	13 decision of a majority of the arbitration board shall be
615	615	14 binding on both parties and the cost of the services of the
616	616	15 arbitration board shall be shared by both parties equally.
617	617	16 Such decision is an administrative decision and is subject to
618	618	17 judicial review as provided in the Administrative Review Law.
619	619	18 Section 55. Municipal sewer systems. Where any sewer
620	620	19 system under the jurisdiction of a municipality is tributary
621	621	20 to the district's sewer system, and the board of trustees of
622	622	21 the district finds that it will conduce to the public health,
623	623	22 comfort, or convenience, the board may regulate, limit,
624	624	23 extend, deny, or otherwise control any connection to such
625	625	24 sewer tributary to the district's sewer system by any person
626	626	25 or municipal corporation regardless of whether the sewer into
627	627
628	628
629	629
630	630
631	631
632	632	HB3703 - 17 - LRB104 11173 JRC 21255 b
633	633
634	634
635	635	HB3703- 18 -LRB104 11173 JRC 21255 b HB3703 - 18 - LRB104 11173 JRC 21255 b
636	636	HB3703 - 18 - LRB104 11173 JRC 21255 b
637	637	1 which the connection is made is directly under the
638	638	2 jurisdiction of the district or not.
639	639	3 Section 60. Other sewer systems, sewage treatment works,
640	640	4 or sewage treatment facilities. The district may require that
641	641	5 any sewer system, sewage treatment works, or sewage treatment
642	642	6 facility constructed in or within 3 miles of the limits of the
643	643	7 district that is tributary thereto and not within the limits
644	644	8 of any other district be constructed in accordance with the
645	645	9 accepted standards and specifications of the district and
646	646	10 shall further have the authority to cause inspection of the
647	647	11 construction of such sewer system, sewage treatment works, or
648	648	12 sewage treatment facility to be made to ascertain that it
649	649	13 comply with the standards and specifications of the district.
650	650	14 Notwithstanding this Section, if the ordinances, rules, or
651	651	15 regulations of the Metropolitan Water Reclamation District
652	652	16 conflict with the ordinances, rules, or regulations of the
653	653	17 district, then the ordinances, rules, or regulations of the
654	654	18 Metropolitan Water Reclamation District control. If the
655	655	19 district deems it necessary to perform work on property owned
656	656	20 or operated by the Metropolitan Water Reclamation District,
657	657	21 the district shall cooperate with the Metropolitan Water
658	658	22 Reclamation District and shall follow all permitting
659	659	23 procedures required by the Metropolitan Water Reclamation
660	660	24 District.
661	661
662	662
663	663
664	664
665	665
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667	667
668	668
669	669	HB3703- 19 -LRB104 11173 JRC 21255 b HB3703 - 19 - LRB104 11173 JRC 21255 b
670	670	HB3703 - 19 - LRB104 11173 JRC 21255 b
671	671	1 Section 65. Connection to district sewage system. The
672	672	2 board of trustees of the district may require that, before a
673	673	3 person or municipal corporation connects to the sewage system
674	674	4 of the district, the district be permitted to inspect the
675	675	5 drainage lines of the person or municipal corporation to
676	676	6 determine whether they are adequate and suitable for
677	677	7 connection to its sewage system. In addition to the other
678	678	8 charges provided for in this Act, the district may collect a
679	679	9 reasonable charge for this inspection service. Funds collected
680	680	10 as inspection charges shall be used by the district for its
681	681	11 general corporate purposes after payment of the costs of
682	682	12 making the inspection.
683	683	13 Section 70. Sewage and stormwater agreements. The
684	684	14 district, in addition to other powers vested in it, may enter
685	685	15 into agreements with a municipality located partly within and
686	686	16 partly without the territorial limits of the district and that
687	687	17 has a sewage system or stormwater drainage system to receive
688	688	18 and dispose of all sewage or stormwater of such municipality
689	689	19 collected by its system; and, for such purpose, the district
690	690	20 may extend its drains, ditches, or sewers to connect with the
691	691	21 sewage or stormwater drainage system of such municipality.
692	692	22 Section 75. Fees and charges for disposal of surface water
693	693	23 or groundwater. The board of trustees may, by ordinance,
694	694	24 establish, revise, and maintain fees or charges for the
695	695
696	696
697	697
698	698
699	699
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701	701
702	702
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704	704	HB3703 - 20 - LRB104 11173 JRC 21255 b
705	705	1 disposal of surface water or groundwater. Such fees and
706	706	2 charges shall be assessed to the municipality or other
707	707	3 governmental unit which utilizes the Town of Cicero sewer
708	708	4 system or any sewer or drainage systems owned or operated by
709	709	5 the district. The district shall assess such fees and charges
710	710	6 on a quarterly basis.
711	711	7 Such fees or charges may be based on the volume of
712	712	8 groundwater, surface water, or stormwater originating from a
713	713	9 municipality or other unit of local government that enters the
714	714	10 Town of Cicero sewer system or any system for the disposal of
715	715	11 such waters or sewage owned or operated by the district. The
716	716	12 district shall set such fees or charges by ordinance. The
717	717	13 failure of a municipality or other governmental unit to pay
718	718	14 such fees or charges within 60 days may result in
719	719	15 disconnection from the Town of Cicero sewer system or any
720	720	16 sewer or drainage systems owned or operated by the district in
721	721	17 accordance with Section 80.
722	722	18 Section 80. Discharge into sewers of the district.
723	723	19 (a) As used in this Section:
724	724	20 "Industrial wastes" means all solids, liquids, or gaseous
725	725	21 wastes resulting from a commercial, industrial, manufacturing,
726	726	22 agricultural, trade, or business operation or process or from
727	727	23 the development, recovery, or processing of natural resources.
728	728	24 "Other wastes" means decayed wood, sawdust, shavings,
729	729	25 bark, lime, refuse, ashes, garbage, offal, oil, tar,
730	730
731	731
732	732
733	733
734	734
735	735	HB3703 - 20 - LRB104 11173 JRC 21255 b
736	736
737	737
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739	739	HB3703 - 21 - LRB104 11173 JRC 21255 b
740	740	1 chemicals, and all other substances except sewage and
741	741	2 industrial wastes.
742	742	3 "Person" means an individual, firm, association, joint
743	743	4 venture, sole proprietorship, company, partnership, estate
744	744	5 copartnership, corporation, joint stock company, trust, school
745	745	6 district, unit of local government, or private corporation
746	746	7 organized or existing under the laws of this State or any other
747	747	8 state or country.
748	748	9 "President" means the president of the district.
749	749	10 "Sewage" means water-carried human wastes or a combination
750	750	11 of water-carried wastes from residences, buildings,
751	751	12 businesses, industrial establishments, institutions, or other
752	752	13 places together with any groundwater, surface water,
753	753	14 stormwater, or other water that may be present.
754	754	15 "Stormwater" means rainwater produced by a storm or other
755	755	16 precipitation event, including any and all floodwaters
756	756	17 resulting during and after a weather event.
757	757	18 (b) It is unlawful for any person or unit of local
758	758	19 government to discharge surface water, groundwater,
759	759	20 stormwater, effluent, gaseous wastes, sewage, industrial
760	760	21 wastes, or other wastes into the sewerage system of the
761	761	22 district or into any sewer tributary therewith, except upon
762	762	23 the terms and conditions that the district might reasonably
763	763	24 impose by way of ordinance, permit, rule, or regulation.
764	764	25 The district, in addition to all other powers vested in it
765	765	26 and in the interest of public health and safety, or as
766	766
767	767
768	768
769	769
770	770
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772	772
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775	775	HB3703 - 22 - LRB104 11173 JRC 21255 b
776	776	1 authorized by subsections (b) and (c) of Section 46 of the
777	777	2 Environmental Protection Act, may pass all ordinances, rules,
778	778	3 or regulations necessary to implement this Section, including,
779	779	4 but not limited to, the imposition of charges based on factors
780	780	5 that influence the cost of treatment, including strength and
781	781	6 volume, and including the right of access during reasonable
782	782	7 hours to the premises of a person for enforcement of adopted
783	783	8 ordinances, rules, or regulations.
784	784	9 The district shall require municipalities discharging
785	785	10 groundwater, surface water, sewage, stormwater, industrial
786	786	11 waste, or other wastes or waters into any sewerage system in
787	787	12 the control of the district or into any sewer connected
788	788	13 therewith to compensate the district for the use, maintenance
789	789	14 and construction costs of the district sewerage system as a
790	790	15 result of such discharge. The district shall charge each
791	791	16 municipality on a pro rata basis an amount reasonable and
792	792	17 proportionate, as determined by the board of trustees, to the
793	793	18 total volume each municipality discharges into the system.
794	794	19 (c) Whenever the district, acting through the president,
795	795	20 determines that surface water, groundwater, stormwater,
796	796	21 effluent, gaseous wastes, sewage, industrial wastes, or other
797	797	22 wastes are being discharged into the sewerage system and when,
798	798	23 in the opinion of the president, the discharge is in violation
799	799	24 of an ordinance, rule, or regulation adopted by the board of
800	800	25 trustees, including failure to pay charges and usage fees when
801	801	26 due, under this Section governing the discharge, the president
802	802
803	803
804	804
805	805
806	806
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808	808
809	809
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811	811	HB3703 - 23 - LRB104 11173 JRC 21255 b
812	812	1 shall order the offending party to cease and desist. The order
813	813	2 shall be served by certified mail or personally on the owner,
814	814	3 officer, registered agent, or individual designated by permit.
815	815	4 If the offending party fails or refuses to immediately
816	816	5 discontinue the discharge after notification of the cease and
817	817	6 desist order, the president may order the offending party to
818	818	7 show cause before the board of trustees of the district why the
819	819	8 discharge should not be discontinued. A notice shall be served
820	820	9 on the offending party directing the offending party to show
821	821	10 cause before the board of trustees why an order should not be
822	822	11 entered directing the discontinuance of the discharge. The
823	823	12 notice shall specify the time and place where a hearing will be
824	824	13 held and shall be served personally or by registered or
825	825	14 certified mail at least 10 days before the hearing upon an
826	826	15 officer or agent of the unit of local government. After
827	827	16 reviewing the evidence, the board of trustees may issue an
828	828	17 order to the party responsible for the discharge, directing
829	829	18 that within a specified period of time the discharge be
830	830	19 discontinued. The board of trustees may also order the party
831	831	20 responsible for the discharge to pay a civil penalty in an
832	832	21 amount specified by the board of trustees that is not less than
833	833	22 $1,000 nor more than $2,000 per day for each day of discharge
834	834	23 of surface water, groundwater, stormwater, effluent, gaseous
835	835	24 wastes, sewage, industrial wastes, or other wastes in
836	836	25 violation of this Act as provided in subsection (d). The board
837	837	26 of trustees may also order the party responsible for the
838	838
839	839
840	840
841	841
842	842
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844	844
845	845
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848	848	1 violation to pay all costs and legal fees associated with the
849	849	2 violation in addition to any outstanding fees and charges for
850	850	3 such discharge.
851	851	4 (d) The board of trustees shall establish procedures for
852	852	5 assessing civil penalties and issuing orders under subsection
853	853	6 (c) as follows:
854	854	7 (1) In making its orders and determinations, the board
855	855	8 of trustees shall take into consideration all the facts
856	856	9 and circumstances bearing on the activities involved and
857	857	10 the assessment of civil penalties as shown by the record
858	858	11 produced at the hearing.
859	859	12 (2) The board of trustees shall establish a panel of
860	860	13 one or more independent hearing officers to conduct all
861	861	14 hearings on the assessment of civil penalties and issuance
862	862	15 of orders under subsection (c). All hearing officers shall
863	863	16 be attorneys licensed to practice law in this State.
864	864	17 (3) The board of trustees shall adopt procedural rules
865	865	18 governing the proceedings, the assessment of civil
866	866	19 penalties, and the issuance of orders.
867	867	20 (4) All hearings shall be on the record, and testimony
868	868	21 taken must be under oath and recorded stenographically.
869	869	22 Transcripts so recorded must be made available to any
870	870	23 member of the public or any party to the hearing upon
871	871	24 payment of the usual charges for transcripts. At the
872	872	25 hearing, the hearing officer may issue, in the name of the
873	873	26 board of trustees, notices of hearing requesting the
874	874
875	875
876	876
877	877
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880	880
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884	884	1 attendance and testimony of witnesses, and the production
885	885	2 of evidence relevant to any matter involved in the hearing
886	886	3 and may examine witnesses.
887	887	4 (5) The hearing officer shall conduct a full and
888	888	5 impartial hearing on the record with an opportunity for
889	889	6 the presentation of evidence and cross-examination of the
890	890	7 witnesses. The hearing officer shall issue findings of
891	891	8 fact, conclusions of law, recommendations for a civil
892	892	9 penalty, and issue an order based solely on the record.
893	893	10 The hearing officer may also recommend, as part of the
894	894	11 order, that the discharge of surface water, groundwater,
895	895	12 stormwater, effluent, gaseous wastes, sewage, industrial
896	896	13 wastes, or other wastes be discontinued within a specified
897	897	14 time.
898	898	15 (6) The findings of fact, conclusions of law,
899	899	16 recommended civil penalty, and order shall be transmitted
900	900	17 to the board of trustees along with a complete record of
901	901	18 the hearing.
902	902	19 (7) The board of trustees shall either approve or
903	903	20 disapprove the findings of fact, conclusions of law,
904	904	21 recommended civil penalty, and order. If the findings of
905	905	22 fact, conclusions of law, recommended civil penalty, or
906	906	23 order are rejected, the board of trustees shall remand the
907	907	24 matter to the hearing officer for further proceedings. If
908	908	25 the order is accepted by the board of trustees, it shall
909	909	26 constitute the final order of the board of trustees.
910	910
911	911
912	912
913	913
914	914
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916	916
917	917
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920	920	1 (8) The civil penalty specified by the board of
921	921	2 trustees shall be paid within 35 days after the party on
922	922	3 whom it is imposed receives a written copy of the order of
923	923	4 the board of trustees unless the person or persons to whom
924	924	5 the order is issued seeks judicial review.
925	925	6 (9) If a party seeks judicial review of the order
926	926	7 assessing civil penalties, the party shall, within 35 days
927	927	8 after the date of the final order, pay the amount of the
928	928	9 civil penalties into an escrow account maintained by the
929	929	10 district for that purpose or file a bond guaranteeing
930	930	11 payment of the civil penalties if the civil penalties are
931	931	12 upheld on review.
932	932	13 (10) Civil penalties not paid by the times specified
933	933	14 above shall be delinquent and subject to late fees
934	934	15 assessed on a monthly basis which shall not exceed the
935	935	16 maximum interest rate allowed under State law. The late
936	936	17 fees levied by the district shall be in addition to any
937	937	18 other remedy or right of recovery that the district may
938	938	19 have with respect to the collection or recovery of
939	939	20 penalties and charges imposed by the district.
940	940	21 (e) The president may order a party to cease the discharge
941	941	22 of surface water, groundwater, stormwater, effluent, gaseous
942	942	23 wastes, sewage, industrial wastes, or other wastes upon a
943	943	24 finding by the president that the final order of the board of
944	944	25 trustees entered after a hearing to show cause has been
945	945	26 violated. The president shall serve the party with a copy of
946	946
947	947
948	948
949	949
950	950
951	951	HB3703 - 26 - LRB104 11173 JRC 21255 b
952	952
953	953
954	954	HB3703- 27 -LRB104 11173 JRC 21255 b HB3703 - 27 - LRB104 11173 JRC 21255 b
955	955	HB3703 - 27 - LRB104 11173 JRC 21255 b
956	956	1 the president's order either by certified mail or personally
957	957	2 by serving the owner, officer, or registered agent of the
958	958	3 municipality or other unit of local government. The order of
959	959	4 the president shall also schedule an expedited hearing before
960	960	5 a hearing officer designated by the board of trustees for the
961	961	6 purpose of determining whether the party has violated the
962	962	7 final order of the board of trustees. The board of trustees
963	963	8 shall adopt rules of procedure governing expedited hearings.
964	964	9 The hearing may not be conducted less than 7 days after service
965	965	10 of the president's order.
966	966	11 At the conclusion of the expedited hearing, the hearing
967	967	12 officer shall prepare a report with the officer's findings and
968	968	13 recommendations and transmit it to the board of trustees. If
969	969	14 the board of trustees, after reviewing the findings and
970	970	15 recommendations, and the record produced at the hearing,
971	971	16 determines that the party has violated the board of trustees'
972	972	17 final order, the board of trustees may authorize the plugging
973	973	18 or disconnection of the sewer or other actions that disconnect
974	974	19 the offending party's ability to discharge any waters or
975	975	20 wastes into the district's sewer system. The president shall
976	976	21 give not less than 10 days' written notice of the board of
977	977	22 trustees' order to the municipality or other unit of local
978	978	23 government as well as the owner of record of the real estate
979	979	24 and other parties known to be affected that the sewer will be
980	980	25 plugged or disconnected.
981	981	26 Disconnection of a sewer under this subsection shall be in
982	982
983	983
984	984
985	985
986	986
987	987	HB3703 - 27 - LRB104 11173 JRC 21255 b
988	988
989	989
990	990	HB3703- 28 -LRB104 11173 JRC 21255 b HB3703 - 28 - LRB104 11173 JRC 21255 b
991	991	HB3703 - 28 - LRB104 11173 JRC 21255 b
992	992	1 addition to any other remedy that the district may have to
993	993	2 prevent violation of its ordinances and orders of its board of
994	994	3 trustees.
995	995	4 (f) A violation of the final order of the board of trustees
996	996	5 shall be considered a nuisance. If any person discharges
997	997	6 groundwater, surface water, stormwater, effluent, gaseous
998	998	7 wastes, sewage, industrial wastes, or other wastes into any
999	999	8 sewers or stormwater management facilities contrary to the
1000	1000	9 final order of the board of trustees, the district, acting
1001	1001	10 through the president, may commence an action or proceeding in
1002	1002	11 the Circuit Court of Cook County for the purpose of having the
1003	1003	12 discharge stopped either by mandamus or injunction or to
1004	1004	13 remedy the violation in any manner provided for in this
1005	1005	14 Section.
1006	1006	15 The court shall specify a time, not exceeding 20 days
1007	1007	16 after the service of the copy of the complaint, in which the
1008	1008	17 party complained of must plead to the complaint, and, in the
1009	1009	18 meantime, the party may be restrained. In case of default or
1010	1010	19 after pleading, the court shall immediately inquire into the
1011	1011	20 facts and circumstances of the case and enter an appropriate
1012	1012	21 judgment in respect to the matters complained of. Appeals may
1013	1013	22 be taken as in other civil cases.
1014	1014	23 (g) The district, acting through the president, may
1015	1015	24 commence an action or proceeding for mandamus or injunction in
1016	1016	25 the Circuit Court of Cook County ordering a party to cease its
1017	1017	26 discharge, when, in the opinion of the president, the party's
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022
1023	1023	HB3703 - 28 - LRB104 11173 JRC 21255 b
1024	1024
1025	1025
1026	1026	HB3703- 29 -LRB104 11173 JRC 21255 b HB3703 - 29 - LRB104 11173 JRC 21255 b
1027	1027	HB3703 - 29 - LRB104 11173 JRC 21255 b
1028	1028	1 discharge presents an imminent danger to the public health,
1029	1029	2 welfare, or safety; presents or may present an endangerment to
1030	1030	3 the environment; or threatens to interfere with the operation
1031	1031	4 of the sewerage system under the jurisdiction of the district.
1032	1032	5 The initiation of a show cause hearing is not a prerequisite to
1033	1033	6 the commencement by the district of an action or proceeding
1034	1034	7 for mandamus or injunction in the circuit court. The court
1035	1035	8 shall specify a time, not exceeding 20 days after the service
1036	1036	9 of a copy of the petition, in which the party complained of
1037	1037	10 must answer the petition, and, in the meantime, the party may
1038	1038	11 be restrained. In case of default in answer or after answer,
1039	1039	12 the court shall immediately inquire into the facts and
1040	1040	13 circumstances of the case and enter an appropriate judgment
1041	1041	14 order in respect to the matters complained of. An appeal may be
1042	1042	15 taken from the final judgment in the same manner and with the
1043	1043	16 same effect as appeals are taken from judgment of the circuit
1044	1044	17 court in other actions for mandamus or injunction.
1045	1045	18 (h) Whenever the district commences an action under
1046	1046	19 subsection (f), the court shall assess a civil penalty of not
1047	1047	20 less than $1,000 nor more than $10,000 for each day the party
1048	1048	21 violates the board of trustees' order. Whenever the district
1049	1049	22 commences an action under subsection (g), the court shall
1050	1050	23 assess a civil penalty of not less than $1,000 nor more than
1051	1051	24 $10,000 for each day the party violates the ordinance. Each
1052	1052	25 day's continuance of the violation is a separate offense. The
1053	1053	26 penalties provided in this Section imposed by the board of
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058
1059	1059	HB3703 - 29 - LRB104 11173 JRC 21255 b
1060	1060
1061	1061
1062	1062	HB3703- 30 -LRB104 11173 JRC 21255 b HB3703 - 30 - LRB104 11173 JRC 21255 b
1063	1063	HB3703 - 30 - LRB104 11173 JRC 21255 b
1064	1064	1 trustees under subsection (d) plus interest at the rate set
1065	1065	2 forth in the Interest Act on unpaid penalties, costs, and
1066	1066	3 fees; the reasonable costs to the district of removal or other
1067	1067	4 remedial action caused by discharges in violation of this Act;
1068	1068	5 reasonable attorney's fees; court costs; other expenses of
1069	1069	6 litigation; and costs for inspection, sampling, analysis, and
1070	1070	7 administration related to the enforcement action against the
1071	1071	8 offending party are recoverable by the district in a civil
1072	1072	9 action.
1073	1073	10 (i) The board of trustees may establish fees for late
1074	1074	11 filing of reports with the district required by an ordinance
1075	1075	12 governing discharges. The district shall provide by certified
1076	1076	13 mail a written notice of the fee assessment that states the
1077	1077	14 party has 30 days after the receipt of the notice to request a
1078	1078	15 conference with the president's designee to discuss or dispute
1079	1079	16 the appropriateness of the assessed fee. Unless a party
1080	1080	17 objects to paying the fee for filing a report late by timely
1081	1081	18 requesting in writing a conference with a designee of the
1082	1082	19 president, that party waives the party's right to a
1083	1083	20 conference.
1084	1084	21 If a party requests a conference and the matter is not
1085	1085	22 resolved at the conference, the party subject to the fee may
1086	1086	23 request an administrative hearing before an impartial hearing
1087	1087	24 officer appointed under subsection (d) to determine the
1088	1088	25 party's liability for and the amount of the fee. If the hearing
1089	1089	26 officer finds that the late filing fees are owed to the
1090	1090
1091	1091
1092	1092
1093	1093
1094	1094
1095	1095	HB3703 - 30 - LRB104 11173 JRC 21255 b
1096	1096
1097	1097
1098	1098	HB3703- 31 -LRB104 11173 JRC 21255 b HB3703 - 31 - LRB104 11173 JRC 21255 b
1099	1099	HB3703 - 31 - LRB104 11173 JRC 21255 b
1100	1100	1 district, the district shall notify the responsible party of
1101	1101	2 the hearing officer's decision. If payment is not made within
1102	1102	3 30 days after the notice, the district may impose penalties
1103	1103	4 and interest.
1104	1104	5 (j) To be effective service under this Section, a demand
1105	1105	6 or order sent by certified or registered mail to the last known
1106	1106	7 address need not be received by the offending party. Service
1107	1107	8 of the demand or order by registered or certified mail shall be
1108	1108	9 deemed effective upon deposit in the United States mail with
1109	1109	10 proper postage prepaid and addressed as provided in this
1110	1110	11 Section.
1111	1111	12 (k) The Administrative Review Law applies to and governs
1112	1112	13 all proceedings for the judicial review of final
1113	1113	14 administrative decisions of the board of trustees in the
1114	1114	15 enforcement of an ordinance, rule, or regulation adopted under
1115	1115	16 this Act. The cost of preparing the record on appeal shall be
1116	1116	17 paid by the person seeking a review of an order or action
1117	1117	18 pursuant to the Administrative Review Law.
1118	1118	19 (l) Solely in relation to the discharge of groundwater,
1119	1119	20 surface water, stormwater, sewage, industrial wastes, or other
1120	1120	21 wastes subject to one of the district's ordinances, the
1121	1121	22 district may implement an electronic reporting system that
1122	1122	23 will allow notices, orders, and other documents to be sent
1123	1123	24 directly by email to persons or entities registered with the
1124	1124	25 district, and, in the discretion of the district, to allow
1125	1125	26 those persons or entities registered with the district to
1126	1126
1127	1127
1128	1128
1129	1129
1130	1130
1131	1131	HB3703 - 31 - LRB104 11173 JRC 21255 b
1132	1132
1133	1133
1134	1134	HB3703- 32 -LRB104 11173 JRC 21255 b HB3703 - 32 - LRB104 11173 JRC 21255 b
1135	1135	HB3703 - 32 - LRB104 11173 JRC 21255 b
1136	1136	1 view, modify, or submit documents using the electronic
1137	1137	2 reporting system. Wherever this Section provides for service
1138	1138	3 of documents by the district by U.S. first-class mail, U.S.
1139	1139	4 certified mail, or personal service, the district may serve by
1140	1140	5 email the documents upon the registered persons or entities in
1141	1141	6 lieu of service by U.S. first-class mail, U.S. certified mail,
1142	1142	7 or personal service. Enrollment in the electronic reporting
1143	1143	8 system in this subsection is voluntary and limited to
1144	1144	9 nonresidential facilities or uses. Service by email under this
1145	1145	10 Section is only permitted on those persons or entities that
1146	1146	11 voluntarily enroll in the system. The district shall adopt
1147	1147	12 rules, as approved by ordinance, to ensure service of process
1148	1148	13 by email is properly effectuated upon the registered persons
1149	1149	14 and entities.
1150	1150	15 Section 85. Acquisition of real and personal property. The
1151	1151	16 district may acquire by purchase, condemnation, or otherwise
1152	1152	17 any and all real and personal property, right-of-way and
1153	1153	18 privilege, either within or without its corporate limits that
1154	1154	19 may be required for its corporate purposes; and, if the
1155	1155	20 district is unable to agree with any other district or
1156	1156	21 municipality upon the terms under which it shall be permitted
1157	1157	22 to use the drains, channels or ditches of such other district,
1158	1158	23 the right to use the same may be required by condemnation in
1159	1159	24 the circuit court by proceedings in the manner, as near as may
1160	1160	25 be, as is provided in Section 4-17 of the Illinois Drainage
1161	1161
1162	1162
1163	1163
1164	1164
1165	1165
1166	1166	HB3703 - 32 - LRB104 11173 JRC 21255 b
1167	1167
1168	1168
1169	1169	HB3703- 33 -LRB104 11173 JRC 21255 b HB3703 - 33 - LRB104 11173 JRC 21255 b
1170	1170	HB3703 - 33 - LRB104 11173 JRC 21255 b
1171	1171	1 Code. The compensation to be paid for such use may be a gross
1172	1172	2 sum, or it may be in the form of an annual rental, to be paid
1173	1173	3 in yearly installments as and in the manner provided by the
1174	1174	4 judgment of the court wherein such proceedings may be had. All
1175	1175	5 moneys for the purchase and condemnation of any property shall
1176	1176	6 be paid before possession is taken or any work done on the
1177	1177	7 premises damaged by the construction of such channel or
1178	1178	8 outlet, and, if an appeal from the circuit court is taken by
1179	1179	9 either party whereby the amount of damages is not finally
1180	1180	10 determined, then possession may be taken. The amount of
1181	1181	11 judgment in such court shall be deposited at some bank or
1182	1182	12 savings and loan association to be designated by the judge
1183	1183	13 thereof subject to the payment of such damages on orders
1184	1184	14 signed by such judge, whenever the amount of damages is
1185	1185	15 finally determined; and when no longer required for such
1186	1186	16 purposes, to sell, convey, vacate and release the same.
1187	1187	17 Section 90. Eminent domain. Notwithstanding any other
1188	1188	18 provision of this Act, any power granted under this Act to
1189	1189	19 acquire property by condemnation or eminent domain is subject
1190	1190	20 to, and shall be exercised in accordance with, the Eminent
1191	1191	21 Domain Act.
1192	1192	22 Section 95. Lease of property. The district may lease to
1193	1193	23 others for any period of time, not exceeding 50 years, upon
1194	1194	24 such terms as its board of trustees may determine, real
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200	HB3703 - 33 - LRB104 11173 JRC 21255 b
1201	1201
1202	1202
1203	1203	HB3703- 34 -LRB104 11173 JRC 21255 b HB3703 - 34 - LRB104 11173 JRC 21255 b
1204	1204	HB3703 - 34 - LRB104 11173 JRC 21255 b
1205	1205	1 estate, rights-of-way, privilege, or interest therein, or any
1206	1206	2 part thereof, acquired by it that is, in the opinion of the
1207	1207	3 board of trustees of the district, no longer required for its
1208	1208	4 corporate purposes or that may not be immediately needed for
1209	1209	5 such purposes, and such leases may contain such conditions and
1210	1210	6 retain such interests therein as may be deemed for the best
1211	1211	7 interest of the district by such board of trustees. The
1212	1212	8 district may grant easements and permits for the use of any
1213	1213	9 such real property, right-of-way, or privilege that will not,
1214	1214	10 in the opinion of the board of trustees of the district,
1215	1215	11 interfere with the use thereof by the district for its
1216	1216	12 corporate purposes, and such easements and permits may contain
1217	1217	13 such conditions and retain such interests therein as may be
1218	1218	14 deemed for the best interests of the district by such board of
1219	1219	15 trustees.
1220	1220	16 Section 100. Borrowing money; issuance of bonds. The
1221	1221	17 district may borrow money for corporate purposes and may issue
1222	1222	18 bonds therefor but may not become indebted, in any manner, or
1223	1223	19 for any purpose, to an amount in the aggregate to exceed 5.75%
1224	1224	20 on the valuation of taxable property therein, to be
1225	1225	21 ascertained by the last assessment for State and county taxes
1226	1226	22 previous to the incurring of such.
1227	1227	23 Whenever the board of trustees of the district desires to
1228	1228	24 issue bonds hereunder they shall certify the question to the
1229	1229	25 proper election officials who shall submit the question at an
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	HB3703 - 34 - LRB104 11173 JRC 21255 b
1236	1236
1237	1237
1238	1238	HB3703- 35 -LRB104 11173 JRC 21255 b HB3703 - 35 - LRB104 11173 JRC 21255 b
1239	1239	HB3703 - 35 - LRB104 11173 JRC 21255 b
1240	1240	1 election to be held in the district in accordance with the
1241	1241	2 general election law. In addition to the requirements of the
1242	1242	3 general election law, the notice of election shall state the
1243	1243	4 amount of bonds to be issued. The result of the election shall
1244	1244	5 be entered upon the records of the district. If a majority of
1245	1245	6 the voters voting at the election on the question have voted in
1246	1246	7 favor of the issuance of the bonds, the board of trustees shall
1247	1247	8 order and direct the execution of the bonds for and on behalf
1248	1248	9 of the district. All bonds issued hereunder shall mature in
1249	1249	10 not exceeding 20 annual installments. The question shall be in
1250	1250	11 substantially the following form:
1251	1251	12 ----------------------------
1252	1252	13 Proposition to issue bonds YES
1253	1253	14 of..... district to the -------------------------------
1254	1254	15 amount of..... dollars. NO
1255	1255	16 -------------------------------------------------------------
1256	1256	17 However, the district may borrow money for corporate
1257	1257	18 purposes, and may issue bonds for corporate purposes, without
1258	1258	19 holding an election or referendum upon the question if the
1259	1259	20 district or the board of trustees thereof has been directed by
1260	1260	21 an order issued by the circuit court or by an administrative
1261	1261	22 agency of the State of Illinois having jurisdiction to issue
1262	1262	23 such order to abate its discharge of untreated or inadequately
1263	1263	24 treated sewage and such borrowing is deemed necessary by the
1264	1264	25 board of trustees of the district to make possible compliance
1265	1265	26 with such order. The amount of money that the district may
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	HB3703 - 35 - LRB104 11173 JRC 21255 b
1272	1272
1273	1273
1274	1274	HB3703- 36 -LRB104 11173 JRC 21255 b HB3703 - 36 - LRB104 11173 JRC 21255 b
1275	1275	HB3703 - 36 - LRB104 11173 JRC 21255 b
1276	1276	1 borrow to abate such sewage discharge shall be limited to that
1277	1277	2 required for that purpose plus such reasonable future
1278	1278	3 expansion as shall be approved by the court or the
1279	1279	4 administrative agency of the State of Illinois having
1280	1280	5 jurisdiction. The ordinance providing for such bonds shall set
1281	1281	6 out the fact that such bonds are deemed necessary to make
1282	1282	7 possible compliance with the order and shall be published or
1283	1283	8 posted in the manner provided in this Act for publication or
1284	1284	9 posting of ordinances making appropriations. The ordinance
1285	1285	10 shall be in full force and effect after its adoption and
1286	1286	11 publication or posting, as herein provided, notwithstanding
1287	1287	12 any provision in this Act or any other law to the contrary.
1288	1288	13 Section 105. Assistance program.
1289	1289	14 (a) The General Assembly finds that governmental units
1290	1290	15 located within the boundaries of the district require
1291	1291	16 assistance in financing the cost of repair, replacement,
1292	1292	17 reconstruction, and rehabilitation of local sewer and
1293	1293	18 stormwater collection systems to reduce certain excessive
1294	1294	19 sanitary sewer groundwater inflows as well as stormwater
1295	1295	20 inflows; that such inflows ultimately result in increased need
1296	1296	21 for treatment and storage facilities of the district; and that
1297	1297	22 the district, in the discretion of its board of trustees,
1298	1298	23 advantageously may provide loan funds for such purposes.
1299	1299	24 (b) As used in this Section:
1300	1300	25 "Alternate bonds", "applicable law", "bonds", "general
1301	1301
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306	HB3703 - 36 - LRB104 11173 JRC 21255 b
1307	1307
1308	1308
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1310	1310	HB3703 - 37 - LRB104 11173 JRC 21255 b
1311	1311	1 obligation bonds", "governmental unit", "ordinance", and
1312	1312	2 "revenue source" have the meanings given to those terms in the
1313	1313	3 Local Government Debt Reform Act.
1314	1314	4 "Assistance bonds" means the bonds to be issued by the
1315	1315	5 district to provide funds for the program as authorized in
1316	1316	6 subsection (f).
1317	1317	7 "Assistance program" means the program authorized in this
1318	1318	8 Section by which the district may make loans to local
1319	1319	9 governmental units for any one or more of the following
1320	1320	10 undertaken with respect to the repair, replacement,
1321	1321	11 reconstruction, and rehabilitation of local sewer collection
1322	1322	12 systems for preliminary planning, engineering, architectural,
1323	1323	13 legal, fiscal or economic investigations or studies, surveys,
1324	1324	14 designs, plans, working drawings, specifications, procedures
1325	1325	15 or other necessary action, erection, building acquisition,
1326	1326	16 alteration, remodeling, or improvement of such collection
1327	1327	17 systems, or the inspection or supervision of the action,
1328	1328	18 erection, building acquisition, alteration, remodeling, or
1329	1329	19 improvement.
1330	1330	20 "Loan" means a loan made by the district to a local
1331	1331	21 governmental unit under the assistance program.
1332	1332	22 "Local governmental unit" means a unit of local
1333	1333	23 government, school district, or community college district
1334	1334	24 within the boundaries of the district.
1335	1335	25 "Reconstruction" includes the construction of totally new
1336	1336	26 lines or systems if reasonably designed to replace obsolete
1337	1337
1338	1338
1339	1339
1340	1340
1341	1341
1342	1342	HB3703 - 37 - LRB104 11173 JRC 21255 b
1343	1343
1344	1344
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1346	1346	HB3703 - 38 - LRB104 11173 JRC 21255 b
1347	1347	1 lines or systems.
1348	1348	2 (c) The board of trustees may establish an assistance
1349	1349	3 program.
1350	1350	4 (d) The board of trustees may do any one or more of the
1351	1351	5 following with respect to the assistance program:
1352	1352	6 (1) Establish the assistance program as a use or
1353	1353	7 appropriation within the corporate fund of the district.
1354	1354	8 (2) Accept grants, borrow funds, and appropriate
1355	1355	9 lawfully available funds for the purpose of funding the
1356	1356	10 assistance program.
1357	1357	11 (3) Make the loans as provided in subsection (e).
1358	1358	12 (4) Enforce loans with all available remedies as any
1359	1359	13 governmental unit or private person might have with
1360	1360	14 respect to such loans.
1361	1361	15 (e) The district may make loans and local governmental
1362	1362	16 units may obtain loans from the district, but only if
1363	1363	17 authorized to borrow under such powers as may be granted to
1364	1364	18 such local governmental units under other applicable law. This
1365	1365	19 Section does not grant local governmental units separate
1366	1366	20 borrowing power. If authorized to issue bonds under such
1367	1367	21 applicable law, however, the form of the borrowing may be such
1368	1368	22 as the district and the local governmental unit may agree,
1369	1369	23 including, without limitation, a loan agreement made between
1370	1370	24 the district and local governmental unit to evidence the bond.
1371	1371	25 Any such loan agreement shall state the statutory authority
1372	1372	26 under applicable law for the bond it represents but otherwise
1373	1373
1374	1374
1375	1375
1376	1376
1377	1377
1378	1378	HB3703 - 38 - LRB104 11173 JRC 21255 b
1379	1379
1380	1380
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1383	1383	1 need not be in any specific form. The district shall have all
1384	1384	2 rights and remedies available to the holder of a bond
1385	1385	3 otherwise issued in the form provided for the same under
1386	1386	4 applicable law and also such rights and remedies as may be
1387	1387	5 additionally available under paragraph (4) of subsection (d).
1388	1388	6 The loans may be made upon such terms and at such rates,
1389	1389	7 including expressly below market rates, representing a subsidy
1390	1390	8 of funds from the district to the local governmental units, as
1391	1391	9 the district may specify in the loan agreements.
1392	1392	10 (f) The district may borrow money and issue its assistance
1393	1393	11 bonds under this Section for the purpose of funding the
1394	1394	12 assistance program, and the bonds shall be alternate bonds
1395	1395	13 payable from any lawfully available revenue source, including
1396	1396	14 without limitation receipts from the loans.
1397	1397	15 Section 110. Bond interest rate. All bonds issued pursuant
1398	1398	16 to this Act shall bear interest at a rate or rates not
1399	1399	17 exceeding that permitted by the Bond Authorization Act.
1400	1400	18 Section 115. Contracts. Except as otherwise provided in
1401	1401	19 this Section, all contracts for purchases or sales by the
1402	1402	20 district, the expense of which will exceed the mandatory
1403	1403	21 competitive bid threshold, shall be let to the lowest
1404	1404	22 responsible bidder therefor upon not less than 14 days' public
1405	1405	23 notice of the terms and conditions upon which the contract is
1406	1406	24 to be let, having been given by publication in a newspaper of
1407	1407
1408	1408
1409	1409
1410	1410
1411	1411
1412	1412	HB3703 - 39 - LRB104 11173 JRC 21255 b
1413	1413
1414	1414
1415	1415	HB3703- 40 -LRB104 11173 JRC 21255 b HB3703 - 40 - LRB104 11173 JRC 21255 b
1416	1416	HB3703 - 40 - LRB104 11173 JRC 21255 b
1417	1417	1 general circulation published in the district, and the board
1418	1418	2 may reject any and all bids and readvertise. In determining
1419	1419	3 the lowest responsible bidder, the board shall take into
1420	1420	4 consideration the qualities and serviceability of the articles
1421	1421	5 supplied, their conformity with specifications, their
1422	1422	6 suitability to the requirements of the district, the
1423	1423	7 availability of support services, the uniqueness of the
1424	1424	8 service, materials, equipment, or supplies as it applies to
1425	1425	9 network integrated computer systems, the compatibility of the
1426	1426	10 service, materials, equipment or supplies with existing
1427	1427	11 equipment, and the delivery terms. Contracts for services in
1428	1428	12 excess of the mandatory competitive bid threshold may, subject
1429	1429	13 to the provisions of this Section, be let by competitive
1430	1430	14 bidding at the discretion of the district board of trustees.
1431	1431	15 All contracts for purchases or sales that will not exceed
1432	1432	16 the mandatory competitive bid threshold may be made in the
1433	1433	17 open market without publication in a newspaper as provided in
1434	1434	18 this Section, but, whenever practical, shall be based on at
1435	1435	19 least 3 competitive bids. The mandatory competitive bid
1436	1436	20 threshold dollar amount may not be less than $10,000 nor more
1437	1437	21 than $40,000.
1438	1438	22 Cash, a cashier's check, a certified check, or a bid bond
1439	1439	23 with adequate surety approved by the board of trustees as a
1440	1440	24 deposit of good faith, in a reasonable amount, but not in
1441	1441	25 excess of 10% of the contract amount, may be required of each
1442	1442	26 bidder by the district on all bids involving amounts in excess
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447
1448	1448	HB3703 - 40 - LRB104 11173 JRC 21255 b
1449	1449
1450	1450
1451	1451	HB3703- 41 -LRB104 11173 JRC 21255 b HB3703 - 41 - LRB104 11173 JRC 21255 b
1452	1452	HB3703 - 41 - LRB104 11173 JRC 21255 b
1453	1453	1 of the mandatory competitive bid threshold and, if so
1454	1454	2 required, the advertisement for bids shall so specify.
1455	1455	3 Contracts that by their nature are not adapted to award by
1456	1456	4 competitive bidding, including, without limitation, contracts
1457	1457	5 for the services of individuals, groups, or firms possessing a
1458	1458	6 high degree of professional skill where the ability or fitness
1459	1459	7 of the individual or organization plays an important part,
1460	1460	8 contracts for financial management services undertaken
1461	1461	9 pursuant to the Public Funds Investment Act, contracts for the
1462	1462	10 purchase or sale of utilities, contracts for commodities
1463	1463	11 including supply contracts for natural gas and electricity,
1464	1464	12 contracts for materials economically procurable only from a
1465	1465	13 single source of supply, contracts for services, supplies,
1466	1466	14 materials, parts, or equipment that are available only from a
1467	1467	15 single source, contracts for maintenance, repairs, original
1468	1468	16 equipment manufacturer supplies, or original equipment
1469	1469	17 manufacturer parts from the manufacturer or from a source
1470	1470	18 authorized by the manufacturer, contracts for the use,
1471	1471	19 purchase, delivery, movement, or installation of data
1472	1472	20 processing equipment, software, or services and
1473	1473	21 telecommunications and interconnect equipment, software, or
1474	1474	22 services, contracts for duplicating machines and supplies,
1475	1475	23 contracts for goods or services procured from another
1476	1476	24 governmental agency, purchases of equipment previously owned
1477	1477	25 by an entity other than the district itself, purchases of used
1478	1478	26 equipment, purchases at auction or similar transactions that
1479	1479
1480	1480
1481	1481
1482	1482
1483	1483
1484	1484	HB3703 - 41 - LRB104 11173 JRC 21255 b
1485	1485
1486	1486
1487	1487	HB3703- 42 -LRB104 11173 JRC 21255 b HB3703 - 42 - LRB104 11173 JRC 21255 b
1488	1488	HB3703 - 42 - LRB104 11173 JRC 21255 b
1489	1489	1 by their very nature are not suitable to competitive bids, and
1490	1490	2 leases of real property where the district is the lessee may
1491	1491	3 not be subject to the competitive bidding requirements of this
1492	1492	4 Section.
1493	1493	5 The district may use a design-build procurement method for
1494	1494	6 a public project that is not subject to the competitive
1495	1495	7 bidding requirements of this Section provided the board of
1496	1496	8 trustees approves the contract for the public project by a
1497	1497	9 vote of at least 5 trustees. As used in this paragraph,
1498	1498	10 "design-build" means a delivery system that provides
1499	1499	11 responsibility within a single contract for the furnishing of
1500	1500	12 architecture, engineering, land surveying and related services
1501	1501	13 as required and the labor, materials, equipment, and other
1502	1502	14 construction services for the project.
1503	1503	15 If an emergency is affecting the public health or safety
1504	1504	16 as declared by the board of trustees of the district at a
1505	1505	17 meeting thereof duly convened, then the declaration shall
1506	1506	18 require the affirmative vote of two-thirds of the board of
1507	1507	19 trustees and shall set forth the nature of the danger to the
1508	1508	20 public health or safety, contracts totaling not more than the
1509	1509	21 emergency contract cap may be let to the extent necessary to
1510	1510	22 resolve such emergency without public advertisement or
1511	1511	23 competitive bidding. Under this Section, an emergency contract
1512	1512	24 may not be more than $500,000. The resolution or ordinance in
1513	1513	25 which such declaration is embodied shall fix the date upon
1514	1514	26 which such emergency shall terminate, and the date may be
1515	1515
1516	1516
1517	1517
1518	1518
1519	1519
1520	1520	HB3703 - 42 - LRB104 11173 JRC 21255 b
1521	1521
1522	1522
1523	1523	HB3703- 43 -LRB104 11173 JRC 21255 b HB3703 - 43 - LRB104 11173 JRC 21255 b
1524	1524	HB3703 - 43 - LRB104 11173 JRC 21255 b
1525	1525	1 extended or abridged by the board of trustees as in their
1526	1526	2 judgment the circumstances require. A full written account of
1527	1527	3 any such emergency, together with a requisition for the
1528	1528	4 materials, supplies, labor or equipment required therefor
1529	1529	5 shall be submitted immediately upon completion and shall be
1530	1530	6 open to public inspection for a period of at least one year
1531	1531	7 after the date of such emergency purchase.
1532	1532	8 To address operating emergencies not affecting the public
1533	1533	9 health or safety, the board of trustees shall authorize, in
1534	1534	10 writing, officials or employees of the district to purchase in
1535	1535	11 the open market and without advertisement any supplies,
1536	1536	12 materials, equipment, or services for immediate delivery to
1537	1537	13 meet the bona fide operating emergency, without filing a
1538	1538	14 requisition or estimate therefor, in an amount not in excess
1539	1539	15 of $100,000. The board of trustees must be notified of the
1540	1540	16 operating emergency. A full, written account of each operating
1541	1541	17 emergency and a requisition for the materials, supplies,
1542	1542	18 equipment, and services required to meet the operating
1543	1543	19 emergency must be immediately submitted by the officials or
1544	1544	20 employees authorized to make purchases to the board of
1545	1545	21 trustees. The account must be available for public inspection
1546	1546	22 for a period of at least one year after the date of the
1547	1547	23 operating emergency purchase. The exercise of authority with
1548	1548	24 respect to purchases for a bona fide operating emergency is
1549	1549	25 not dependent on a declaration of an operating emergency by
1550	1550	26 the board of trustees.
1551	1551
1552	1552
1553	1553
1554	1554
1555	1555
1556	1556	HB3703 - 43 - LRB104 11173 JRC 21255 b
1557	1557
1558	1558
1559	1559	HB3703- 44 -LRB104 11173 JRC 21255 b HB3703 - 44 - LRB104 11173 JRC 21255 b
1560	1560	HB3703 - 44 - LRB104 11173 JRC 21255 b
1561	1561	1 The competitive bidding requirements of this Section do
1562	1562	2 not apply to contracts, including contracts for both materials
1563	1563	3 and services incidental thereto, for the repair or replacement
1564	1564	4 of a district's treatment plant, sewers, equipment, or
1565	1565	5 facilities damaged or destroyed as the result of a sudden or
1566	1566	6 unexpected occurrence, including, but not limited to, a flood,
1567	1567	7 fire, tornado, earthquake, storm, or other natural or man-made
1568	1568	8 disaster, if the board of trustees determines in writing that
1569	1569	9 the awarding of those contracts without competitive bidding is
1570	1570	10 reasonably necessary for the district to maintain compliance
1571	1571	11 with a permit issued under the National Pollution Discharge
1572	1572	12 Elimination System or any successor system or with any
1573	1573	13 outstanding order relating to that compliance issued by the
1574	1574	14 United States Environmental Protection Agency, the Illinois
1575	1575	15 Environmental Protection Agency, or the Pollution Control
1576	1576	16 Board. The authority to issue contracts without competitive
1577	1577	17 bidding pursuant to this paragraph expires 6 months after the
1578	1578	18 date of the writing determining that the awarding of contracts
1579	1579	19 without competitive bidding is reasonably necessary.
1580	1580	20 A trustee may not be interested, directly or indirectly,
1581	1581	21 in any contract, work, or business of the district or in the
1582	1582	22 sale of any article, whenever the expense, price or
1583	1583	23 consideration of the contract work, business, or sale is paid
1584	1584	24 either from the treasury or by an assessment levied by statute
1585	1585	25 or ordinance. A trustee may not be interested, directly or
1586	1586	26 indirectly, in the purchase of any property that belongs to
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591
1592	1592	HB3703 - 44 - LRB104 11173 JRC 21255 b
1593	1593
1594	1594
1595	1595	HB3703- 45 -LRB104 11173 JRC 21255 b HB3703 - 45 - LRB104 11173 JRC 21255 b
1596	1596	HB3703 - 45 - LRB104 11173 JRC 21255 b
1597	1597	1 the district, is sold for taxes or assessments of the
1598	1598	2 district, or is sold by virtue of legal process by suit of the
1599	1599	3 district.
1600	1600	4 A contract for any work or other public improvement, to be
1601	1601	5 paid for in whole or in part by special assessment or special
1602	1602	6 taxation, shall be entered into and the performance thereof
1603	1603	7 controlled by the provisions of Division 2 of Article 9 of the
1604	1604	8 Illinois Municipal Code as near as may be. However, contracts
1605	1605	9 may be let for making proper and suitable connections between
1606	1606	10 the mains and outlets of the respective sanitary sewers in the
1607	1607	11 district with any conduit, conduits, main pipe or pipes that
1608	1608	12 may be constructed by the district.
1609	1609	13 As used in this Section, "mandatory competitive bid
1610	1610	14 threshold" means a dollar amount equal to 0.1% of the total
1611	1611	15 general fixed assets of the district as reported in the most
1612	1612	16 recent required audit report.
1613	1613	17 Section 120. Local Government Prompt Payment Act.
1614	1614	18 Purchases made pursuant to this Act shall be made in
1615	1615	19 compliance with the Local Government Prompt Payment Act.
1616	1616	20 Section 125. Effects on competition. All powers granted,
1617	1617	21 either expressly or by necessary implication, by this Act or
1618	1618	22 any other Illinois statute to the district may be exercised by
1619	1619	23 the district notwithstanding effects on competition. The state
1620	1620	24 action exemption to the application of federal antitrust
1621	1621
1622	1622
1623	1623
1624	1624
1625	1625
1626	1626	HB3703 - 45 - LRB104 11173 JRC 21255 b
1627	1627
1628	1628
1629	1629	HB3703- 46 -LRB104 11173 JRC 21255 b HB3703 - 46 - LRB104 11173 JRC 21255 b
1630	1630	HB3703 - 46 - LRB104 11173 JRC 21255 b
1631	1631	1 statutes are fully available to the district to the extent its
1632	1632	2 activities are authorized by law as stated herein.
1633	1633	3 Section 130. Taxes. The board of trustees may not levy and
1634	1634	4 collect taxes for corporate purposes upon property within the
1635	1635	5 territorial limits of the district.
1636	1636	6 Section 135. Construction, maintenance, alteration, and
1637	1637	7 extension of sewers, channels, ditches, and drains. The
1638	1638	8 district may construct, maintain, alter, and extend its
1639	1639	9 sewers, channels, ditches, and drains, as a proper use of
1640	1640	10 highways along, upon, under and across any highway, street,
1641	1641	11 alley or public ground in the State, but so as not to incommode
1642	1642	12 the public use thereof, and the right and authority are hereby
1643	1643	13 granted to any the district to construct, maintain, and
1644	1644	14 operate any conduit or conduits, main pipe or pipes, wholly or
1645	1645	15 partially submerged, buried or otherwise, in, upon and along
1646	1646	16 any of the lands owned by said state under any of the public
1647	1647	17 waters therein. The extent and location of the lands and
1648	1648	18 waters so to be used and appropriated shall be approved by the
1649	1649	19 Governor, upon application duly made to the Governor asking
1650	1650	20 for such approval. The rights, permission, and authority
1651	1651	21 hereby granted shall be subject to all public right of
1652	1652	22 commerce and navigation, to the authority of the United States
1653	1653	23 in behalf of such public rights, and to the right of the State
1654	1654	24 of Illinois to regulate and control fishing in said public
1655	1655
1656	1656
1657	1657
1658	1658
1659	1659
1660	1660	HB3703 - 46 - LRB104 11173 JRC 21255 b
1661	1661
1662	1662
1663	1663	HB3703- 47 -LRB104 11173 JRC 21255 b HB3703 - 47 - LRB104 11173 JRC 21255 b
1664	1664	HB3703 - 47 - LRB104 11173 JRC 21255 b
1665	1665	1 waters.
1666	1666	2 Section 140. United States military installations. If
1667	1667	3 there is located within the bounds of the district a United
1668	1668	4 States military post, reservation, station, or naval station,
1669	1669	5 the board of trustees of the district may enter into contracts
1670	1670	6 or agreements with the proper authorities of the United States
1671	1671	7 permitting them to connect with any such conduit or conduits,
1672	1672	8 main pipe or pipes, and discharge the drainage, sewage, or
1673	1673	9 other impure or contaminated liquids therein.
1674	1674	10 Section 145. District improvements causing private
1675	1675	11 property damage or takings. Whenever the board of trustees of
1676	1676	12 the district shall pass an ordinance for the making of any
1677	1677	13 improvement that the district may make, the making of which
1678	1678	14 will require that private property should be taken or damaged,
1679	1679	15 the district may cause compensation therefor to be
1680	1680	16 ascertained, and condemn and acquire possession thereof in the
1681	1681	17 same manner as nearly as may be as is provided for the exercise
1682	1682	18 of the right of eminent domain under the Eminent Domain Act.
1683	1683	19 Proceedings to ascertain the compensation to be paid for
1684	1684	20 taking or damaging private property shall, in all cases, be
1685	1685	21 instituted in the county where the property sought to be taken
1686	1686	22 or damaged is situated. All damages to property, whether
1687	1687	23 determined by agreement or by final judgment of court, shall
1688	1688	24 be paid prior to the payment of any other debt or obligation.
1689	1689
1690	1690
1691	1691
1692	1692
1693	1693
1694	1694	HB3703 - 47 - LRB104 11173 JRC 21255 b
1695	1695
1696	1696
1697	1697	HB3703- 48 -LRB104 11173 JRC 21255 b HB3703 - 48 - LRB104 11173 JRC 21255 b
1698	1698	HB3703 - 48 - LRB104 11173 JRC 21255 b
1699	1699	1 Section 150. Rights-of-way over other property for
1700	1700	2 improvements. When, in making any improvements that the
1701	1701	3 district is authorized by this Act to make, it shall be
1702	1702	4 necessary to enter upon and take possession of any existing
1703	1703	5 drains, sewers, sewer outlets, plants for the purification of
1704	1704	6 sewage or water, or any other public property, or property
1705	1705	7 held for public use, the board of trustees of the district may
1706	1706	8 do so and may acquire the necessary right-of-way over any
1707	1707	9 other property held for public use in the same manner as is
1708	1708	10 herein provided for acquiring private property, and may enter
1709	1709	11 upon, and use the same for the purposes aforesaid. The public
1710	1710	12 use thereof may not be unnecessarily interrupted or interfered
1711	1711	13 with and shall be restored to its former usefulness as soon as
1712	1712	14 practicable.
1713	1713	15 Section 155. Contracts; matter removed from sewage. The
1714	1714	16 board of trustees may enter into contract with a municipality
1715	1715	17 for the reduction, treatment, storage, and disposal of
1716	1716	18 garbage, offal, or solid matter removed from sewage at any
1717	1717	19 disposal plant or treatment works.
1718	1718	20 Section 160. Contracts; territory outside the district.
1719	1719	21 The district may (i) permit territory lying outside its
1720	1720	22 limits, whether within any sanitary district or not, to drain
1721	1721	23 into and use any channel or drain made by it, upon such
1722	1722
1723	1723
1724	1724
1725	1725
1726	1726
1727	1727	HB3703 - 48 - LRB104 11173 JRC 21255 b
1728	1728
1729	1729
1730	1730	HB3703- 49 -LRB104 11173 JRC 21255 b HB3703 - 49 - LRB104 11173 JRC 21255 b
1731	1731	HB3703 - 49 - LRB104 11173 JRC 21255 b
1732	1732	1 payments, terms, and conditions as may be mutually agreed
1733	1733	2 upon, (ii) contract for the right to use any drain or channel
1734	1734	3 that may be made by any sanitary district, upon such terms as
1735	1735	4 may be mutually agreed upon, and (iii) raise the money called
1736	1736	5 for by any such contract in the same way and to the same extent
1737	1737	6 as the district may raise money for any other corporate
1738	1738	7 purposes.
1739	1739	8 Section 165. Contracts; covering costs of financing,
1740	1740	9 constructing, operating, and maintaining district facilities.
1741	1741	10 The district may enter into contracts with municipalities or
1742	1742	11 other parties outside the district that may request service
1743	1743	12 from the district at higher rates than the existing rates for
1744	1744	13 consumers within the district to allow the district to obtain
1745	1745	14 a fair return to cover the costs of financing, constructing,
1746	1746	15 operating, and maintaining its facilities. If the rates are
1747	1747	16 not thereafter agreed upon by the parties or are not otherwise
1748	1748	17 provided for by contract, such rates shall be fixed and
1749	1749	18 determined by the Circuit Court of Cook County after a
1750	1750	19 petition has been filed with that court.
1751	1751	20 Section 170. Acquiring sanitary district or municipal
1752	1752	21 treatment works.
1753	1753	22 (a) After incorporation, the West Cook Flood Prevention
1754	1754	23 District may, in accordance with this Act and an
1755	1755	24 intergovernmental agreement with a sanitary district or
1756	1756
1757	1757
1758	1758
1759	1759
1760	1760
1761	1761	HB3703 - 49 - LRB104 11173 JRC 21255 b
1762	1762
1763	1763
1764	1764	HB3703- 50 -LRB104 11173 JRC 21255 b HB3703 - 50 - LRB104 11173 JRC 21255 b
1765	1765	HB3703 - 50 - LRB104 11173 JRC 21255 b
1766	1766	1 municipality, acquire or lease the sewage and stormwater
1767	1767	2 systems, as well as territory, treatment works, lines,
1768	1768	3 appurtenances, and other property of (i) a sanitary district
1769	1769	4 organized under the Sanitary District Act of 1907, the
1770	1770	5 Sanitary District Act of 1917, the Sanitary District Act of
1771	1771	6 1936 or (ii) a municipality whose treatment works were
1772	1772	7 established under the Illinois Municipal Code or the Municipal
1773	1773	8 Wastewater Disposal Zones Act, regardless of whether that
1774	1774	9 district or municipality is contiguous to the West Cook Flood
1775	1775	10 Prevention District. The distance between the sanitary
1776	1776	11 district being acquired or the municipality and the West Cook
1777	1777	12 Flood Prevention District, as measured between the points on
1778	1778	13 their corporate boundaries that are nearest to each other, may
1779	1779	14 not exceed 20 miles. In the case of a municipality, only that
1780	1780	15 property used by the municipality for transport, treatment,
1781	1781	16 and discharge of stormwater or wastewater or for disposal of
1782	1782	17 sewage sludge may be transferred to the West Cook Flood
1783	1783	18 Prevention District.
1784	1784	19 (b) The board of trustees of the sanitary district being
1785	1785	20 acquired, or the corporate authorities of a municipality whose
1786	1786	21 treatment works is being acquired, shall, jointly with the
1787	1787	22 board of trustees of the West Cook Flood Prevention District,
1788	1788	23 petition the Circuit Court of Cook County to permit the
1789	1789	24 acquisition. The petition shall show the following:
1790	1790	25 (1) The reason for the acquisition.
1791	1791	26 (2) That there are no debts of the sanitary district
1792	1792
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797	HB3703 - 50 - LRB104 11173 JRC 21255 b
1798	1798
1799	1799
1800	1800	HB3703- 51 -LRB104 11173 JRC 21255 b HB3703 - 51 - LRB104 11173 JRC 21255 b
1801	1801	HB3703 - 51 - LRB104 11173 JRC 21255 b
1802	1802	1 being acquired or municipality outstanding or that there
1803	1803	2 are sufficient funds on hand or available to satisfy those
1804	1804	3 debts.
1805	1805	4 (3) That no contract or federal or State permit or
1806	1806	5 grant will be impaired by the acquisition.
1807	1807	6 (4) That all assets and responsibilities of the
1808	1808	7 sanitary district being acquired or municipality, as they
1809	1809	8 relate to wastewater treatment, have been properly
1810	1810	9 assigned to the acquiring district.
1811	1811	10 (5) That the West Cook Flood Prevention District will
1812	1812	11 pay any court costs incurred in connection with the
1813	1813	12 petition.
1814	1814	13 (6) The boundaries of the acquired sanitary district
1815	1815	14 or municipality as of the date of the petition.
1816	1816	15 (c) Upon adequate notice, including appropriate notice to
1817	1817	16 the Illinois Environmental Protection Agency, the circuit
1818	1818	17 court shall hold a hearing to determine whether there is good
1819	1819	18 cause for the acquisition by the acquiring district and
1820	1820	19 whether the allegations of the petition are true. If the court
1821	1821	20 finds that there is good cause and that the allegations are
1822	1822	21 true, it shall order the acquisition to proceed. If the court
1823	1823	22 finds that there is not good cause for the acquisition or that
1824	1824	23 the allegations of the petition are not true, the court shall
1825	1825	24 dismiss the petition. In either event, the costs shall be
1826	1826	25 taxed against the acquiring district. The order shall be
1827	1827	26 final. Separate or joint appeals may be taken by any party
1828	1828
1829	1829
1830	1830
1831	1831
1832	1832
1833	1833	HB3703 - 51 - LRB104 11173 JRC 21255 b
1834	1834
1835	1835
1836	1836	HB3703- 52 -LRB104 11173 JRC 21255 b HB3703 - 52 - LRB104 11173 JRC 21255 b
1837	1837	HB3703 - 52 - LRB104 11173 JRC 21255 b
1838	1838	1 affected by the order as in other civil cases.
1839	1839	2 (d) If the court orders the acquisition contemplated in
1840	1840	3 the petition, there shall be no further appointments of
1841	1841	4 trustees if the acquired agency is a sanitary district. The
1842	1842	5 trustees of the acquired sanitary district acting at the time
1843	1843	6 of the order shall close up the business affairs of the
1844	1844	7 sanitary district and make the necessary conveyances of title
1845	1845	8 to the sanitary district property in accordance with the
1846	1846	9 intergovernmental agreement between the acquiring and acquired
1847	1847	10 sanitary districts. In the case of a municipality, the
1848	1848	11 governing body of the municipality shall make the necessary
1849	1849	12 conveyances of title to municipal property to the district in
1850	1850	13 accordance with the intergovernmental agreement between the
1851	1851	14 municipality and the district. The district's ordinances shall
1852	1852	15 take effect in the acquired territory upon entry of the order.
1853	1853	16 (e) The acquisition of any sanitary district by the West
1854	1854	17 Cook Flood Prevention District or the acquisition of a
1855	1855	18 treatment works from a municipality by the West Cook Flood
1856	1856	19 Prevention District does not affect the obligation of any
1857	1857	20 bonds issued or contracts entered into by the acquired
1858	1858	21 sanitary district or the municipality, nor invalidate the
1859	1859	22 levy, extension, or collection of any taxes or special
1860	1860	23 assessments upon a property in the acquired sanitary district,
1861	1861	24 but all those bonds and contracts shall be discharged. The
1862	1862	25 general obligation indebtedness of the acquired sanitary
1863	1863	26 district shall be paid from the proceeds of continuing taxes
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869	HB3703 - 52 - LRB104 11173 JRC 21255 b
1870	1870
1871	1871
1872	1872	HB3703- 53 -LRB104 11173 JRC 21255 b HB3703 - 53 - LRB104 11173 JRC 21255 b
1873	1873	HB3703 - 53 - LRB104 11173 JRC 21255 b
1874	1874	1 and special assessments as provided in this Act.
1875	1875	2 All money remaining after the business affairs of the
1876	1876	3 acquired sanitary district or acquired treatment works of the
1877	1877	4 municipality have been closed up and all debts and obligations
1878	1878	5 of the entities paid shall be paid to the West Cook Flood
1879	1879	6 Prevention District in accordance with the intergovernmental
1880	1880	7 agreement between the parties.
1881	1881	8 (f) An intergovernmental agreement entered into by the
1882	1882	9 parties under this Section shall provide for the imposition or
1883	1883	10 continuance of a user charge system in accordance with the
1884	1884	11 acquiring West Cook Flood Prevention District's ordinance, the
1885	1885	12 Illinois Environmental Protection Act, and the federal Clean
1886	1886	13 Water Act.
1887	1887	14 (g) All courts shall take judicial notice of the
1888	1888	15 acquisition of the sanitary district being acquired or
1889	1889	16 municipal treatment works by the West Cook Flood Prevention
1890	1890	17 District.
1891	1891	18 Section 175. Construction special assessments. The board
1892	1892	19 of trustees may build and construct and to defray the cost and
1893	1893	20 expenses of the construction of drains, sewers, or laterals,
1894	1894	21 or drains and sewers and laterals and other necessary adjuncts
1895	1895	22 thereto, including pumps, pumping stations, and interceptors
1896	1896	23 made by it in the execution or in furtherance of the powers
1897	1897	24 heretofore granted to the district by special assessment, as
1898	1898	25 they shall by ordinance prescribe. A person may not object to a
1899	1899
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904	HB3703 - 53 - LRB104 11173 JRC 21255 b
1905	1905
1906	1906
1907	1907	HB3703- 54 -LRB104 11173 JRC 21255 b HB3703 - 54 - LRB104 11173 JRC 21255 b
1908	1908	HB3703 - 54 - LRB104 11173 JRC 21255 b
1909	1909	1 special assessment because the improvement for which the same
1910	1910	2 is levied is partly outside the limits of the district. A
1911	1911	3 special assessment may not be made upon property situated
1912	1912	4 outside the district, and property may not be assessed more
1913	1913	5 than it will be benefited by the improvement for which the
1914	1914	6 assessment is levied. The procedure in making improvements by
1915	1915	7 special assessment shall be the same as nearly as possible as
1916	1916	8 is prescribed in Divisions 1 and 2 of Article 9 of the Illinois
1917	1917	9 Municipal Code and Division 87 of Article 11 of the Illinois
1918	1918	10 Municipal Code. The functions and duties of the city council,
1919	1919	11 the council, the board of trustees, or the board of local
1920	1920	12 improvements under those provisions of the Illinois Municipal
1921	1921	13 Code shall be assumed and discharged by the board of trustees
1922	1922	14 of the district; and the duties of the officers designated in
1923	1923	15 those divisions of the Illinois Municipal Code as mayor of a
1924	1924	16 city, president of a village or incorporated town, or
1925	1925	17 president of the board of local improvements shall be assumed
1926	1926	18 and discharged by the president of the board of trustees of the
1927	1927	19 district. The duties of other municipal officers designated in
1928	1928	20 those provisions of the Illinois Municipal Code shall be
1929	1929	21 performed by similar officers of the district.
1930	1930	22 Section 180. Special assessment procedures. When any
1931	1931	23 special assessment is made under this Act, the ordinance
1932	1932	24 authorizing such assessment may provide that the entire
1933	1933	25 assessment and each individual assessment be divided into not
1934	1934
1935	1935
1936	1936
1937	1937
1938	1938
1939	1939	HB3703 - 54 - LRB104 11173 JRC 21255 b
1940	1940
1941	1941
1942	1942	HB3703- 55 -LRB104 11173 JRC 21255 b HB3703 - 55 - LRB104 11173 JRC 21255 b
1943	1943	HB3703 - 55 - LRB104 11173 JRC 21255 b
1944	1944	1 more than 20 annual installments. The division shall be made
1945	1945	2 so that all installments shall be equal in amount, except that
1946	1946	3 all fractional amounts shall be added to the first installment
1947	1947	4 to leave the remaining installments of the aggregate equal in
1948	1948	5 amount and each a multiple of $100. The said several
1949	1949	6 installments shall bear interest at a rate not to exceed that
1950	1950	7 permitted for public corporation bonds under the Bond
1951	1951	8 Authorization Act. Both principal and interest shall be
1952	1952	9 payable, collected, and enforced as they shall become due in
1953	1953	10 the manner provided for the levy, payment, collection and
1954	1954	11 enforcement of such assessments and interest, as provided in
1955	1955	12 Divisions 1 and 2 of Article 9 of the Illinois Municipal Code
1956	1956	13 and Division 87 of Article 11 of the Illinois Municipal Code.
1957	1957	14 Section 185. Bonds for special assessments. If an
1958	1958	15 ordinance regarding improvements that provides for the payment
1959	1959	16 of the improvement by special assessment, either in whole or
1960	1960	17 in part, then the board of trustees may issue bonds to
1961	1961	18 anticipate the collection of the second and succeeding
1962	1962	19 installments of said assessments payable only out of such
1963	1963	20 assessment when collected and bearing interest at the same
1964	1964	21 rate as provided upon the installments of such assessments.
1965	1965	22 Said bonds shall be issued and subject to call and retirement
1966	1966	23 in the same manner as provided in Divisions 1 and 2 of Article
1967	1967	24 9 of the Illinois Municipal Code and Division 87 of Article 11
1968	1968	25 of the Illinois Municipal Code.
1969	1969
1970	1970
1971	1971
1972	1972
1973	1973
1974	1974	HB3703 - 55 - LRB104 11173 JRC 21255 b
1975	1975
1976	1976
1977	1977	HB3703- 56 -LRB104 11173 JRC 21255 b HB3703 - 56 - LRB104 11173 JRC 21255 b
1978	1978	HB3703 - 56 - LRB104 11173 JRC 21255 b
1979	1979	1 Section 190. Ordinances requiring the taking or damaging
1980	1980	2 of property. If the board of trustees adopts an ordinance for
1981	1981	3 the making of any improvement authorized by this Act, the
1982	1982	4 making of which will require the taking or damaging of
1983	1983	5 property, the proceeding for the taking or damaging of
1984	1984	6 property and for making just compensation therefor shall be as
1985	1985	7 described in Divisions 1 and 2 of Article 9 of the Illinois
1986	1986	8 Municipal Code and Division 87 of Article 11 of the Illinois
1987	1987	9 Municipal Code.
1988	1988	10 Section 195. Addition of contiguous territory. Additional
1989	1989	11 contiguous territory may be added to the district in the
1990	1990	12 following manner:
1991	1991	13 10% or more of the legal voters residing within the limits
1992	1992	14 of such proposed addition to the district may petition the
1993	1993	15 Circuit Court of Cook County to cause the question to be
1994	1994	16 submitted to the legal voters of such proposed additional
1995	1995	17 territory whether such proposed additional territory shall
1996	1996	18 become a part of the district and whether such additional
1997	1997	19 territory and the taxpayers thereof shall assume a
1998	1998	20 proportionate share of the bonded indebtedness, if any, of the
1999	1999	21 district. Such petition shall be addressed to the court and
2000	2000	22 shall contain a definite description of the boundaries of the
2001	2001	23 territory sought to be added. No territory disqualified under
2002	2002	24 this Act may be included.
2003	2003
2004	2004
2005	2005
2006	2006
2007	2007
2008	2008	HB3703 - 56 - LRB104 11173 JRC 21255 b
2009	2009
2010	2010
2011	2011	HB3703- 57 -LRB104 11173 JRC 21255 b HB3703 - 57 - LRB104 11173 JRC 21255 b
2012	2012	HB3703 - 57 - LRB104 11173 JRC 21255 b
2013	2013	1 Upon the filing of such a petition in the office of the
2014	2014	2 Clerk of the Circuit Court of Cook County, the court shall
2015	2015	3 consider the boundaries of such proposed additional territory,
2016	2016	4 whether the same shall be those stated in the petition or
2017	2017	5 otherwise. The decision of the court shall be a final order and
2018	2018	6 appealable as in other civil cases.
2019	2019	7 Notice shall be given by the court of the time and place
2020	2020	8 when and where all persons interested will be heard
2021	2021	9 substantially. The court shall certify its order and the
2022	2022	10 proposition to the proper election officials who shall submit
2023	2023	11 the proposition at an election in accordance with the general
2024	2024	12 election law. The proposition shall be in substantially the
2025	2025	13 following form:
2026	2026	14 ----------------------------------------------
2027	2027	15 For joining sanitary district and
2028	2028	16 assuming a proportionate share
2029	2029	17 of bonded indebtedness, if any.
2030	2030	18 -------------------------------------------------------------
2031	2031	19 Against joining sanitary district
2032	2032	20 and assuming a proportionate
2033	2033	21 share of bonded indebtedness,
2034	2034	22 if any.
2035	2035	23 -------------------------------------------------------------
2036	2036	24 If a majority of the votes cast at such election are in
2037	2037	25 favor of becoming a part of the district and if the trustees of
2038	2038	26 the district accept the proposed additional territory by
2039	2039
2040	2040
2041	2041
2042	2042
2043	2043
2044	2044	HB3703 - 57 - LRB104 11173 JRC 21255 b
2045	2045
2046	2046
2047	2047	HB3703- 58 -LRB104 11173 JRC 21255 b HB3703 - 58 - LRB104 11173 JRC 21255 b
2048	2048	HB3703 - 58 - LRB104 11173 JRC 21255 b
2049	2049	1 ordinance annexing the same, the court shall enter an
2050	2050	2 appropriate order of record in the court, and such additional
2051	2051	3 territory shall thenceforth be added to the district. Any such
2052	2052	4 additional contiguous territory may be annexed to the district
2053	2053	5 upon petition addressed to such court, signed by a majority of
2054	2054	6 the owners of lands constituting such territory who, in the
2055	2055	7 case of natural persons, shall have arrived at lawful age and
2056	2056	8 who represent a majority in area of such territory, and the
2057	2057	9 petition shall contain a definite description of the
2058	2058	10 boundaries of such territory and shall set forth the
2059	2059	11 willingness of the petitioners that such territory and the
2060	2060	12 taxpayers thereof assume a proportionate share of the bonded
2061	2061	13 indebtedness, if any, of the district. Upon the filing of such
2062	2062	14 petition and notice of and hearing and decision upon the same
2063	2063	15 by the aforesaid trustees, all as hereinbefore provided, such
2064	2064	16 trustees or a majority of them, shall enter an order
2065	2065	17 containing their findings and decision as to the boundaries of
2066	2066	18 the territory to be annexed; and thereupon, if the trustees of
2067	2067	19 the district shall pass an ordinance annexing the territory
2068	2068	20 described in such order to the district, the court shall enter
2069	2069	21 an appropriate order as hereinabove provided, and such
2070	2070	22 additional territory shall thenceforth be deemed an integral
2071	2071	23 part of the district.
2072	2072	24 Section 200. Disconnection of contiguous territory.
2073	2073	25 Contiguous territory located within the boundaries of the
2074	2074
2075	2075
2076	2076
2077	2077
2078	2078
2079	2079	HB3703 - 58 - LRB104 11173 JRC 21255 b
2080	2080
2081	2081
2082	2082	HB3703- 59 -LRB104 11173 JRC 21255 b HB3703 - 59 - LRB104 11173 JRC 21255 b
2083	2083	HB3703 - 59 - LRB104 11173 JRC 21255 b
2084	2084	1 district and upon the border of the district may disconnect
2085	2085	2 from the district as follows: 10% or more of the legal voters
2086	2086	3 resident in the territory sought to be disconnected from the
2087	2087	4 district may petition the Circuit Court of Cook County to
2088	2088	5 cause the question of whether such territory shall be
2089	2089	6 disconnected to be submitted to the legal voters of such
2090	2090	7 territory. Such a petition shall be addressed to the court and
2091	2091	8 shall contain a definite description of the boundaries of such
2092	2092	9 territory and recite as a fact, that there is no outstanding
2093	2093	10 bonded indebtedness of the district that was incurred or
2094	2094	11 assumed while such territory was a part of the district and
2095	2095	12 that no special assessments for local improvements were levied
2096	2096	13 upon or assessed against any of the lands within such
2097	2097	14 territory or, if so levied or assessed, that all of such
2098	2098	15 assessments have been fully paid and discharged and that such
2099	2099	16 territory is not, at the time of the filing of such petition,
2100	2100	17 and will not be, either benefited or served by any work or
2101	2101	18 improvements either then existing or then authorized by said
2102	2102	19 district. Upon filing such petition in the office of the Clerk
2103	2103	20 of the Circuit Court of Cook County, the court shall consider
2104	2104	21 the boundaries of such territory and the facts upon which the
2105	2105	22 petition is founded. The court may alter the boundaries of
2106	2106	23 such territory or shall deny the prayer of the petition if the
2107	2107	24 material allegations therein contained are not founded in
2108	2108	25 fact; however, a decision of said trustees or a majority of
2109	2109	26 them shall be conclusive and not subject to review.
2110	2110
2111	2111
2112	2112
2113	2113
2114	2114
2115	2115	HB3703 - 59 - LRB104 11173 JRC 21255 b
2116	2116
2117	2117
2118	2118	HB3703- 60 -LRB104 11173 JRC 21255 b HB3703 - 60 - LRB104 11173 JRC 21255 b
2119	2119	HB3703 - 60 - LRB104 11173 JRC 21255 b
2120	2120	1 Notice shall be given by the court of the time and place
2121	2121	2 when and where all persons interested will be heard. The court
2122	2122	3 shall certify its order and the question to the proper
2123	2123	4 election officials who shall submit the question at an
2124	2124	5 election in accordance with the general election law. The
2125	2125	6 proposition shall be in substantially the following form:
2126	2126	7 ----
2127	2127	8 For disconnection from
2128	2128	9 sanitary district.
2129	2129	10 -------------------------------------------
2130	2130	11 Against disconnection from
2131	2131	12 sanitary district.
2132	2132	13 -------------------------------------------------------------
2133	2133	14 If a majority of the votes cast at such election are in
2134	2134	15 favor of disconnection and if the trustees of the district, by
2135	2135	16 ordinance, disconnect such territory, then the court shall
2136	2136	17 enter an appropriate order of record in the court and
2137	2137	18 thereafter such territory is disconnected from the district.
2138	2138	19 Section 205. Unit of local government withdrawal from the
2139	2139	20 district. A unit of local government included in the district
2140	2140	21 may withdraw from the district, however, such unit must pay a
2141	2141	22 fee to the district to compensate for costs incurred by the
2142	2142	23 district as a result of said unit of local government's
2143	2143	24 discharge of groundwater, surface water, sewage, stormwater,
2144	2144	25 and other waters into the district's sewer system. A unit of
2145	2145
2146	2146
2147	2147
2148	2148
2149	2149
2150	2150	HB3703 - 60 - LRB104 11173 JRC 21255 b
2151	2151
2152	2152
2153	2153	HB3703- 61 -LRB104 11173 JRC 21255 b HB3703 - 61 - LRB104 11173 JRC 21255 b
2154	2154	HB3703 - 61 - LRB104 11173 JRC 21255 b
2155	2155	1 local government that elects to withdraw from the district
2156	2156	2 shall pay over to the district its proportionate share of the
2157	2157	3 bonded indebtedness, if any, of the district prior to its
2158	2158	4 disconnection.
2159	2159	5 Section 210. Annexation of territory. The board of
2160	2160	6 trustees of the district may annex territory that is not
2161	2161	7 within the corporate limits of the district if:
2162	2162	8 (1) the territory is contiguous to the district or the
2163	2163	9 territory is noncontiguous and the owner or owners of
2164	2164	10 record have entered into an agreement requesting the
2165	2165	11 annexation of the noncontiguous territory; and
2166	2166	12 (2) the territory is served by the district or by a
2167	2167	13 municipality with sewers that are connected and served by
2168	2168	14 the district.
2169	2169	15 The annexation may be accomplished only by ordinance and
2170	2170	16 the ordinance shall include a description of the annexed
2171	2171	17 territory. A copy of the ordinance and a map of the annexed
2172	2172	18 territory certified as true and accurate by the clerk of the
2173	2173	19 district shall be filed with the county clerk of Cook County.
2174	2174	20 The new boundary shall extend to the far side of any adjacent
2175	2175	21 highway and shall include all of every highway within the area
2176	2176	22 annexed. These highways shall be considered to be annexed even
2177	2177	23 though not included in the legal description in the annexation
2178	2178	24 ordinance.
2179	2179	25 The territory to be annexed to the district shall be
2180	2180
2181	2181
2182	2182
2183	2183
2184	2184
2185	2185	HB3703 - 61 - LRB104 11173 JRC 21255 b
2186	2186
2187	2187
2188	2188	HB3703- 62 -LRB104 11173 JRC 21255 b HB3703 - 62 - LRB104 11173 JRC 21255 b
2189	2189	HB3703 - 62 - LRB104 11173 JRC 21255 b
2190	2190	1 considered to be contiguous to the district notwithstanding
2191	2191	2 that the territory to be annexed is divided by, or that the
2192	2192	3 territory to be annexed is separated from the district by, one
2193	2193	4 or more railroad rights-of-way, public easements, or
2194	2194	5 properties owned by a public utility, a forest preserve
2195	2195	6 district, a public agency, or a not-for-profit corporation.
2196	2196	7 Section 215. Annexation agreements. The board of trustees
2197	2197	8 of the district may enter into an agreement with one or more of
2198	2198	9 the owners of record of land in any territory that may be
2199	2199	10 annexed to the district as provided in this Act. Such
2200	2200	11 agreement may provide for the annexation of such territory to
2201	2201	12 the district, subject to the provisions of this Act, and any
2202	2202	13 other matter not inconsistent with the provisions of this Act,
2203	2203	14 nor forbidden by law.
2204	2204	15 Any action taken by the board of trustees during the
2205	2205	16 period such agreement is in effect, that, if it applied to the
2206	2206	17 land that is the subject of the agreement, would be a breach of
2207	2207	18 such agreement, does not apply to such land without an
2208	2208	19 amendment of such agreement.
2209	2209	20 The board of trustees shall fix a time for and hold a
2210	2210	21 public hearing upon the proposed annexation agreement or
2211	2211	22 amendment, and shall give notice of the proposed agreement or
2212	2212	23 amendment not more than 30 nor less than 15 days before the
2213	2213	24 date fixed for the hearing. This notice shall be published at
2214	2214	25 least once in one or more newspapers published within the
2215	2215
2216	2216
2217	2217
2218	2218
2219	2219
2220	2220	HB3703 - 62 - LRB104 11173 JRC 21255 b
2221	2221
2222	2222
2223	2223	HB3703- 63 -LRB104 11173 JRC 21255 b HB3703 - 63 - LRB104 11173 JRC 21255 b
2224	2224	HB3703 - 63 - LRB104 11173 JRC 21255 b
2225	2225	1 district. After such hearing, the agreement or amendment may
2226	2226	2 be modified before execution thereof. The annexation agreement
2227	2227	3 or amendment shall be executed by the president of the board of
2228	2228	4 trustees only after such hearing and upon the adoption of a
2229	2229	5 resolution directing such execution, and the resolution must
2230	2230	6 be passed by a vote of two-thirds of the board of trustees then
2231	2231	7 holding office.
2232	2232	8 Any annexation agreement executed pursuant to this Section
2233	2233	9 shall be binding upon the successor owners of record of the
2234	2234	10 land that is the subject of the agreement and upon successor
2235	2235	11 board of trustees of the district and any successor districts.
2236	2236	12 A party to such agreement may, by civil action, mandamus, or
2237	2237	13 other proceeding, enforce and compel performance of the
2238	2238	14 agreement.
2239	2239	15 Section 220. Territory of the district to be considered
2240	2240	16 contiguous territory. Territory that is to be annexed to the
2241	2241	17 district shall be considered to be contiguous to the district
2242	2242	18 even if the territory is divided by one or more railroad
2243	2243	19 rights-of-way, public easements, or property owned by a public
2244	2244	20 utility or even if the territory to be so annexed is separated
2245	2245	21 from the district by one or more railroad rights-of-way,
2246	2246	22 public easements, or property owned by a public utility.
2247	2247	23 Section 225. Insurance. The board of trustees of the
2248	2248	24 district may arrange to provide for the benefit of employees
2249	2249
2250	2250
2251	2251
2252	2252
2253	2253
2254	2254	HB3703 - 63 - LRB104 11173 JRC 21255 b
2255	2255
2256	2256
2257	2257	HB3703- 64 -LRB104 11173 JRC 21255 b HB3703 - 64 - LRB104 11173 JRC 21255 b
2258	2258	HB3703 - 64 - LRB104 11173 JRC 21255 b
2259	2259	1 and trustees of the district group life, health, accident,
2260	2260	2 hospital and medical insurance, or any one or any combination
2261	2261	3 of those types of insurance. The board of trustees may also
2262	2262	4 establish a self-insurance program to provide such group life,
2263	2263	5 health, accident, hospital and medical coverage, or any one or
2264	2264	6 any combination of such coverage. The board of trustees may
2265	2265	7 enact an ordinance prescribing the method of operation of such
2266	2266	8 an insurance program. Such insurance may include provision for
2267	2267	9 employees and trustees who rely on treatment by prayer or
2268	2268	10 spiritual means alone for healing in accordance with the
2269	2269	11 tenets and practice of a well recognized religious
2270	2270	12 denomination. The board of trustees may provide for payment by
2271	2271	13 the district of the premium or charge for such insurance or the
2272	2272	14 cost of a self-insurance program.
2273	2273	15 The board of trustees may provide for the withholding and
2274	2274	16 deducting from the compensation of such of the employees and
2275	2275	17 trustees as consent thereto the premium or charge for any
2276	2276	18 group life, health, accident, hospital and medical insurance.
2277	2277	19 The board of trustees may only obtain insurance from an
2278	2278	20 insurance company or companies authorized to do business in
2279	2279	21 the State of Illinois or such other organization or service
2280	2280	22 provider authorized to do business in the State of Illinois.
2281	2281	23 Section 230. Claims for compensation. A claim for
2282	2282	24 compensation may not be made or an action for damages filed
2283	2283	25 against the district on account of any damage to property
2284	2284
2285	2285
2286	2286
2287	2287
2288	2288
2289	2289	HB3703 - 64 - LRB104 11173 JRC 21255 b
2290	2290
2291	2291
2292	2292	HB3703- 65 -LRB104 11173 JRC 21255 b HB3703 - 65 - LRB104 11173 JRC 21255 b
2293	2293	HB3703 - 65 - LRB104 11173 JRC 21255 b
2294	2294	1 occurring on or after the effective date of this Act unless
2295	2295	2 notice in writing is filed with the district's board of
2296	2296	3 trustees within 6 months after the occurrence of the damage.
2297	2297	4 The notice must include the following information: (i) the
2298	2298	5 name and residence address of the owner of the property
2299	2299	6 damaged; (ii) the property's location; and (iii) the probable
2300	2300	7 extent of the damage sustained.
2301	2301	8 Section 235. Discharge into sewer of the district.
2302	2302	9 (a) The terms used in this Section are defined as follows:
2303	2303	10 "Board of trustees" means the board of trustees of the
2304	2304	11 district.
2305	2305	12 "Industrial wastes" means all solids, liquids, or gaseous
2306	2306	13 wastes resulting from any commercial, industrial,
2307	2307	14 manufacturing, agricultural, trade, or business operation or
2308	2308	15 process or from the development, recovery, or processing of
2309	2309	16 natural resources.
2310	2310	17 "Other wastes" means decayed wood, sawdust, shavings,
2311	2311	18 bark, lime, refuse, ashes, garbage, offal, oil, tar,
2312	2312	19 chemicals, and all other substances except sewage and
2313	2313	20 industrial wastes.
2314	2314	21 "Person" means any individual, firm, association, joint
2315	2315	22 venture, sole proprietorship, company, partnership, estate
2316	2316	23 copartnership, corporation, joint stock company, trust, school
2317	2317	24 district, unit of local government, or private corporation
2318	2318	25 organized or existing under the laws of this State or any other
2319	2319
2320	2320
2321	2321
2322	2322
2323	2323
2324	2324	HB3703 - 65 - LRB104 11173 JRC 21255 b
2325	2325
2326	2326
2327	2327	HB3703- 66 -LRB104 11173 JRC 21255 b HB3703 - 66 - LRB104 11173 JRC 21255 b
2328	2328	HB3703 - 66 - LRB104 11173 JRC 21255 b
2329	2329	1 state or country.
2330	2330	2 "President" means the president of the board of trustees.
2331	2331	3 "Sewage" means water-carried human wastes or a combination
2332	2332	4 of water-carried wastes from residences, buildings,
2333	2333	5 businesses, industrial establishments, institutions, or other
2334	2334	6 places together with any groundwater, surface water,
2335	2335	7 stormwater, or other water that may be present.
2336	2336	8 "Stormwater" means rainwater produced by a storm or other
2337	2337	9 precipitation event, including any and all floodwaters
2338	2338	10 resulting during and after a weather event.
2339	2339	11 (b) It shall be unlawful for any person to discharge
2340	2340	12 sewage, groundwater, surface water, stormwater, industrial
2341	2341	13 waste, or other wastes or waters into any sewerage system in
2342	2342	14 the control of the district or into any sewer connected
2343	2343	15 therewith, except upon the terms and conditions that the
2344	2344	16 district might reasonably impose by way of ordinance, permit,
2345	2345	17 or otherwise.
2346	2346	18 The district, in addition to all other powers vested in it
2347	2347	19 and in the interest of public health and safety, or as
2348	2348	20 authorized by subsections (b) and (c) of Section 46 of the
2349	2349	21 Environmental Protection Act, may adopt all ordinances, rules,
2350	2350	22 or regulations necessary to implement this Section, including,
2351	2351	23 but not limited to, the imposition of charges based on
2352	2352	24 factors, including strength and volume and the right of access
2353	2353	25 during reasonable hours.
2354	2354	26 (c) The district shall require municipalities discharging
2355	2355
2356	2356
2357	2357
2358	2358
2359	2359
2360	2360	HB3703 - 66 - LRB104 11173 JRC 21255 b
2361	2361
2362	2362
2363	2363	HB3703- 67 -LRB104 11173 JRC 21255 b HB3703 - 67 - LRB104 11173 JRC 21255 b
2364	2364	HB3703 - 67 - LRB104 11173 JRC 21255 b
2365	2365	1 groundwater, surface water, sewage, stormwater, industrial
2366	2366	2 waste, or other wastes or waters into any sewerage system in
2367	2367	3 the control of the district or into any sewer connected
2368	2368	4 therewith to compensate the district for the use, maintenance,
2369	2369	5 and construction costs of the district sewerage system as a
2370	2370	6 result of such discharge. The district shall charge each
2371	2371	7 municipality on a pro rata basis an amount reasonable and
2372	2372	8 proportionate, as determined by the board of trustees, to the
2373	2373	9 total volume each municipality discharges into the system.
2374	2374	10 (d) Whenever the district acting through the president
2375	2375	11 determines that groundwater, surface water, sewage,
2376	2376	12 stormwater, industrial wastes, or other wastes are being
2377	2377	13 discharged into a sewerage system in the control of the
2378	2378	14 district and when, in the opinion of the president, the
2379	2379	15 discharge is in violation of an ordinance, rules, or
2380	2380	16 regulations adopted by the board of trustees under this
2381	2381	17 Section governing industrial wastes or other wastes, the
2382	2382	18 president shall order the offending party to cease and desist.
2383	2383	19 The order shall be served on the offending party by U.S.
2384	2384	20 first-class mail, U.S. certified mail, personally, or by email
2385	2385	21 as provided in subsection (l).
2386	2386	22 If the offending party fails or refuses to immediately
2387	2387	23 discontinue the discharge after service of the
2388	2388	24 cease-and-desist order, the president may order the offending
2389	2389	25 party to show cause before the board of trustees of the
2390	2390	26 district why the discharge should not be discontinued. A
2391	2391
2392	2392
2393	2393
2394	2394
2395	2395
2396	2396	HB3703 - 67 - LRB104 11173 JRC 21255 b
2397	2397
2398	2398
2399	2399	HB3703- 68 -LRB104 11173 JRC 21255 b HB3703 - 68 - LRB104 11173 JRC 21255 b
2400	2400	HB3703 - 68 - LRB104 11173 JRC 21255 b
2401	2401	1 notice shall be served directing the offending party to show
2402	2402	2 cause before the board of trustees why an order should not be
2403	2403	3 entered directing the discontinuance of the discharge. The
2404	2404	4 notice shall specify the time and place where a hearing will be
2405	2405	5 held and shall be served on the offending party by U.S.
2406	2406	6 first-class mail, U.S. certified mail, personally, or by email
2407	2407	7 as provided in subsection (l) at least 10 days before the
2408	2408	8 hearing; and, in the case of a unit of local government or a
2409	2409	9 corporation, the service shall be upon an officer or agent
2410	2410	10 thereof. After reviewing the evidence, the board of trustees
2411	2411	11 may issue an order to the party responsible for the discharge
2412	2412	12 directing that within a specified period of time the discharge
2413	2413	13 be discontinued. The board of trustees may also order the
2414	2414	14 party responsible for the discharge to pay a civil penalty in
2415	2415	15 an amount specified by the board of trustees that is not less
2416	2416	16 than $1,000 nor more than $2,000 per day for each day of
2417	2417	17 discharge of effluent in violation of this Act as provided in
2418	2418	18 subsection (d); however, if the part responsible is a unit of
2419	2419	19 government, the board of trustees may order the party to pay a
2420	2420	20 civil penalty in an amount specified by the board of trustees
2421	2421	21 that is not less than $10,000 nor more than $20,000 per day for
2422	2422	22 each day of discharge of effluent in violation of this Act as
2423	2423	23 provided in subsection (d). The board of trustees may also
2424	2424	24 order the party responsible for the violation to all costs and
2425	2425	25 legal fees associated with the violation.
2426	2426	26 (e) The board of trustees shall establish procedures for
2427	2427
2428	2428
2429	2429
2430	2430
2431	2431
2432	2432	HB3703 - 68 - LRB104 11173 JRC 21255 b
2433	2433
2434	2434
2435	2435	HB3703- 69 -LRB104 11173 JRC 21255 b HB3703 - 69 - LRB104 11173 JRC 21255 b
2436	2436	HB3703 - 69 - LRB104 11173 JRC 21255 b
2437	2437	1 assessing civil penalties and issuing orders under subsection
2438	2438	2 (c) as follows:
2439	2439	3 (1) In making its orders and determinations, the board
2440	2440	4 of trustees shall take into consideration all the facts
2441	2441	5 and circumstances bearing on the activities involved and
2442	2442	6 the assessment of civil penalties as shown by the record
2443	2443	7 produced at the hearing.
2444	2444	8 (2) The board of trustees shall establish a panel of
2445	2445	9 independent hearing officers to conduct all hearings on
2446	2446	10 the assessment of civil penalties and issuance of orders
2447	2447	11 under subsection (c). The hearing officers shall be
2448	2448	12 attorneys licensed to practice law in this State.
2449	2449	13 (3) The board of trustees shall promulgate procedural
2450	2450	14 rules governing the proceedings, the assessment of civil
2451	2451	15 penalties, and the issuance of orders.
2452	2452	16 (4) All hearings shall be on the record, and testimony
2453	2453	17 taken must be under oath and recorded stenographically.
2454	2454	18 Transcripts so recorded must be made available to any
2455	2455	19 member of the public or any party to the hearing upon
2456	2456	20 payment of the usual charges for transcripts. At the
2457	2457	21 hearing, the hearing officer may issue, in the name of the
2458	2458	22 board of trustees, notices of hearing requesting the
2459	2459	23 attendance and testimony of witnesses and the production
2460	2460	24 of evidence relevant to any matter involved in the hearing
2461	2461	25 and may examine witnesses.
2462	2462	26 (5) The hearing officer shall conduct a full and
2463	2463
2464	2464
2465	2465
2466	2466
2467	2467
2468	2468	HB3703 - 69 - LRB104 11173 JRC 21255 b
2469	2469
2470	2470
2471	2471	HB3703- 70 -LRB104 11173 JRC 21255 b HB3703 - 70 - LRB104 11173 JRC 21255 b
2472	2472	HB3703 - 70 - LRB104 11173 JRC 21255 b
2473	2473	1 impartial hearing on the record with an opportunity for
2474	2474	2 the presentation of evidence and cross-examination of the
2475	2475	3 witnesses. The hearing officer shall issue findings of
2476	2476	4 fact, conclusions of law, a recommended civil penalty, and
2477	2477	5 an order based solely on the record. The hearing officer
2478	2478	6 may also recommend, as part of the order, that the
2479	2479	7 discharge of industrial waste be discontinued within a
2480	2480	8 specified time.
2481	2481	9 (6) The findings of fact, conclusions of law,
2482	2482	10 recommended civil penalty, and order shall be transmitted
2483	2483	11 to the board of trustees along with a complete record of
2484	2484	12 the hearing.
2485	2485	13 (7) The board of trustees shall either approve or
2486	2486	14 disapprove the findings of fact, conclusions of law,
2487	2487	15 recommended civil penalty, and order. If the findings of
2488	2488	16 fact, conclusions of law, recommended civil penalty, or
2489	2489	17 order are rejected, the board of trustees shall remand the
2490	2490	18 matter to the hearing officer for further proceedings. If
2491	2491	19 the order is accepted by the board of trustees, it shall
2492	2492	20 constitute the final order of the board of trustees.
2493	2493	21 (8) The civil penalty specified by the board of
2494	2494	22 trustees shall be paid within 35 days after the party on
2495	2495	23 whom it is imposed receives a written copy of the order of
2496	2496	24 the board of trustees, unless the person or persons to
2497	2497	25 whom the order is issued seeks judicial review.
2498	2498	26 (9) If the party seeks judicial review of the order
2499	2499
2500	2500
2501	2501
2502	2502
2503	2503
2504	2504	HB3703 - 70 - LRB104 11173 JRC 21255 b
2505	2505
2506	2506
2507	2507	HB3703- 71 -LRB104 11173 JRC 21255 b HB3703 - 71 - LRB104 11173 JRC 21255 b
2508	2508	HB3703 - 71 - LRB104 11173 JRC 21255 b
2509	2509	1 assessing civil penalties, the party shall, within 35 days
2510	2510	2 after the date of the final order, pay the amount of the
2511	2511	3 civil penalties into an escrow account maintained by the
2512	2512	4 district for that purpose or file a bond guaranteeing
2513	2513	5 payment of the civil penalties if the civil penalties are
2514	2514	6 upheld on review.
2515	2515	7 (10) Civil penalties not paid by the times specified
2516	2516	8 in this subsection shall be delinquent and subject to
2517	2517	9 additional interest and penalties. The penalties and
2518	2518	10 interest provided for in this subsection shall be in
2519	2519	11 addition to and not in derogation of any other remedy or
2520	2520	12 right of recovery, in law or equity, that the district may
2521	2521	13 have with respect to the collection or recovery of
2522	2522	14 penalties and charges imposed by the district.
2523	2523	15 (f) The president may order a unit of local government or
2524	2524	16 any person to cease the discharge of groundwater, surface
2525	2525	17 water, sewage, stormwater, effluent, or industrial waste upon
2526	2526	18 a finding by the president that the final order of the board of
2527	2527	19 trustees entered after a hearing to show cause has been
2528	2528	20 violated. The order shall be served on the offending party by
2529	2529	21 U.S. first-class mail, U.S. certified mail, personally, or by
2530	2530	22 email as provided in subsection (l). The order of the
2531	2531	23 president shall also schedule an expedited hearing before a
2532	2532	24 hearing officer designated by the board of trustees for the
2533	2533	25 purpose of determining whether the party has violated the
2534	2534	26 final order of the board of trustees The board of trustees
2535	2535
2536	2536
2537	2537
2538	2538
2539	2539
2540	2540	HB3703 - 71 - LRB104 11173 JRC 21255 b
2541	2541
2542	2542
2543	2543	HB3703- 72 -LRB104 11173 JRC 21255 b HB3703 - 72 - LRB104 11173 JRC 21255 b
2544	2544	HB3703 - 72 - LRB104 11173 JRC 21255 b
2545	2545	1 shall adopt rules of procedure governing expedited hearings.
2546	2546	2 In no event shall the hearing be conducted less than 7 days
2547	2547	3 after service of the president's order on the offending party.
2548	2548	4 At the conclusion of the expedited hearing, the hearing
2549	2549	5 officer shall prepare a report with his or her findings and
2550	2550	6 recommendations and transmit it to the board of trustees. If
2551	2551	7 the board of trustees, after reviewing the findings and
2552	2552	8 recommendations and the record produced at the hearings,
2553	2553	9 determines that the party has violated the board of trustees'
2554	2554	10 final order, the board of trustees may authorize the plugging
2555	2555	11 of the sewer or the disconnection of a party from the sewer
2556	2556	12 system. The president shall give not less than 10 days'
2557	2557	13 written notice of board of trustees' order to the unit of local
2558	2558	14 government, owner, officer, registered agent, or individual
2559	2559	15 designated by permit, that the sewer will be plugged or
2560	2560	16 otherwise disconnected.
2561	2561	17 The option to plug a sewer shall be in addition to and not
2562	2562	18 in derogation of any other remedy, in law or in equity, that
2563	2563	19 the district may have to prevent violation of its ordinances
2564	2564	20 and orders of its board of trustees.
2565	2565	21 (g) A violation of the final order of the board of trustees
2566	2566	22 shall be considered a nuisance. If any person discharges
2567	2567	23 groundwater, surface water, sewage, stormwater, effluent,
2568	2568	24 industrial wastes, or other wastes into any sewers or systems
2569	2569	25 owned or operated by the district contrary to the final order
2570	2570	26 of the board of trustees, the district acting through the
2571	2571
2572	2572
2573	2573
2574	2574
2575	2575
2576	2576	HB3703 - 72 - LRB104 11173 JRC 21255 b
2577	2577
2578	2578
2579	2579	HB3703- 73 -LRB104 11173 JRC 21255 b HB3703 - 73 - LRB104 11173 JRC 21255 b
2580	2580	HB3703 - 73 - LRB104 11173 JRC 21255 b
2581	2581	1 president may commence an action or proceeding in the circuit
2582	2582	2 court in and for the county in which the district is located
2583	2583	3 for the purpose of having the discharge stopped either by
2584	2584	4 mandamus or injunction, or to remedy the violation in any
2585	2585	5 manner provided for in this Section.
2586	2586	6 The court shall specify a time, not exceeding 20 days
2587	2587	7 after the service of the copy of the complaint, in which the
2588	2588	8 party complained of must plead to the complaint, and in the
2589	2589	9 meantime, the party may be restrained. In case of default or
2590	2590	10 after pleading, the court shall immediately inquire into the
2591	2591	11 facts and circumstances of the case and enter an appropriate
2592	2592	12 judgment in respect to the matters complained of. Appeals may
2593	2593	13 be taken as in other civil cases.
2594	2594	14 (h) The district, acting through the president, may
2595	2595	15 commence an action or proceeding for mandamus or injunction in
2596	2596	16 the circuit court ordering a party to cease its discharge,
2597	2597	17 when, in the opinion of the president, the party's discharge
2598	2598	18 presents an imminent danger to the public health, welfare, or
2599	2599	19 safety, presents or may present an endangerment to the
2600	2600	20 environment, creates a risk of flooding, or threatens to
2601	2601	21 interfere with the operation of the sewerage system under the
2602	2602	22 jurisdiction of the district. The initiation of a show cause
2603	2603	23 hearing is not a prerequisite to the commencement by the
2604	2604	24 district of an action or proceeding for mandamus or injunction
2605	2605	25 in the circuit court. The court shall specify a time, not
2606	2606	26 exceeding 20 days after the service of a copy of the petition,
2607	2607
2608	2608
2609	2609
2610	2610
2611	2611
2612	2612	HB3703 - 73 - LRB104 11173 JRC 21255 b
2613	2613
2614	2614
2615	2615	HB3703- 74 -LRB104 11173 JRC 21255 b HB3703 - 74 - LRB104 11173 JRC 21255 b
2616	2616	HB3703 - 74 - LRB104 11173 JRC 21255 b
2617	2617	1 in which the party complained of must answer the petition, and
2618	2618	2 in the meantime, the party may be restrained. In case of
2619	2619	3 default in answer or after answer, the court shall immediately
2620	2620	4 inquire into the facts and circumstances of the case and enter
2621	2621	5 an appropriate judgment order in respect to the matters
2622	2622	6 complained of. An appeal may be taken from the final judgment
2623	2623	7 in the same manner and with the same effect as appeals are
2624	2624	8 taken from judgment of the circuit court in other actions for
2625	2625	9 mandamus or injunction.
2626	2626	10 (i) Whenever the district commences an action under
2627	2627	11 subsection (f), the court shall assess a civil penalty of not
2628	2628	12 less than $1,000 nor more than $10,000 for each day the party
2629	2629	13 violates a board order. Whenever the district commences an
2630	2630	14 action under subsection (g), the court shall assess a civil
2631	2631	15 penalty of not less than $1,000 nor more than $10,000 for each
2632	2632	16 day the person violates the ordinance. Each day's continuance
2633	2633	17 of the violation is a separate offense. The penalties provided
2634	2634	18 in this Section plus interest at the rate set forth in the
2635	2635	19 Interest Act on unpaid penalties, costs, and fees, imposed by
2636	2636	20 the board of trustees under subsection (d), the reasonable
2637	2637	21 costs to the district of removal or other remedial action
2638	2638	22 caused by discharges in violation of this Act, reasonable
2639	2639	23 attorney's fees, court costs, and other expenses of litigation
2640	2640	24 together with costs for inspection, sampling, analysis, and
2641	2641	25 administration related to the enforcement action against the
2642	2642	26 offending party are recoverable by the district in a civil
2643	2643
2644	2644
2645	2645
2646	2646
2647	2647
2648	2648	HB3703 - 74 - LRB104 11173 JRC 21255 b
2649	2649
2650	2650
2651	2651	HB3703- 75 -LRB104 11173 JRC 21255 b HB3703 - 75 - LRB104 11173 JRC 21255 b
2652	2652	HB3703 - 75 - LRB104 11173 JRC 21255 b
2653	2653	1 action.
2654	2654	2 (j) The board of trustees may establish fees for late
2655	2655	3 filing of reports with the district required by an ordinance
2656	2656	4 governing discharges. The district shall provide a written
2657	2657	5 notice of the fee assessment by U.S. first-class mail, U.S.
2658	2658	6 certified mail, personally or by email as provided in
2659	2659	7 subsection (l) that states the party has 30 days after being
2660	2660	8 served with the notice to request a conference with the
2661	2661	9 president's designee to discuss or dispute the appropriateness
2662	2662	10 of the assessed fee. Unless a party objects to paying the fee
2663	2663	11 for filing a report late by timely requesting in writing a
2664	2664	12 conference with a designee of the president, that party waives
2665	2665	13 its right to a conference.
2666	2666	14 If a party requests a conference and the matter is not
2667	2667	15 resolved at the conference, the party subject to the fee may
2668	2668	16 request an administrative hearing before an impartial hearing
2669	2669	17 officer appointed under subsection (d) to determine the
2670	2670	18 party's liability for and the amount of the fee.
2671	2671	19 If the hearing officer finds that the late filing fees are
2672	2672	20 owed to the district, the district shall notify the
2673	2673	21 responsible party or parties of the hearing officer's
2674	2674	22 decision. If payment is not made within 30 days after the
2675	2675	23 notice, the fee shall be deemed delinquent and the district
2676	2676	24 may impose additional penalties and interest.
2677	2677	25 (k) The provisions of the Administrative Review Law and
2678	2678	26 all rules adopted pursuant to that Law apply to and govern all
2679	2679
2680	2680
2681	2681
2682	2682
2683	2683
2684	2684	HB3703 - 75 - LRB104 11173 JRC 21255 b
2685	2685
2686	2686
2687	2687	HB3703- 76 -LRB104 11173 JRC 21255 b HB3703 - 76 - LRB104 11173 JRC 21255 b
2688	2688	HB3703 - 76 - LRB104 11173 JRC 21255 b
2689	2689	1 proceedings for the judicial review of final administrative
2690	2690	2 decisions of the board of trustees in the enforcement of any
2691	2691	3 ordinance, rule, or regulation adopted under this Act.
2692	2692	4 (l) Solely in relation to the discharge of groundwater,
2693	2693	5 surface water, sewage, stormwater, industrial wastes, or other
2694	2694	6 wastes subject to one of the district's ordinances, the
2695	2695	7 district may implement an electronic reporting system that
2696	2696	8 will allow notices, orders, and other documents to be sent
2697	2697	9 directly by email to persons or entities registered with the
2698	2698	10 district, and, in the discretion of the district, to allow
2699	2699	11 those persons or entities registered with the district to
2700	2700	12 view, modify, or submit documents using the electronic
2701	2701	13 reporting system. Whenever this Section provides for service
2702	2702	14 of documents by the district by U.S. first-class mail, U.S.
2703	2703	15 certified mail, or personal service, the district may serve by
2704	2704	16 email the documents upon the registered persons or entities in
2705	2705	17 lieu of service by U.S. first-class mail, U.S. certified mail,
2706	2706	18 or personal service. Enrollment in the electronic reporting
2707	2707	19 system in this subsection is voluntary and limited to
2708	2708	20 nonresidential facilities or uses. Service by email under this
2709	2709	21 Section is only permitted on those persons or entities that
2710	2710	22 voluntarily enroll in the system. The district shall adopt
2711	2711	23 rules, as approved by ordinance, to ensure service of process
2712	2712	24 by email is properly effectuated upon the registered persons
2713	2713	25 and entities.
2714	2714
2715	2715
2716	2716
2717	2717
2718	2718
2719	2719	HB3703 - 76 - LRB104 11173 JRC 21255 b
2720	2720
2721	2721
2722	2722	HB3703- 77 -LRB104 11173 JRC 21255 b HB3703 - 77 - LRB104 11173 JRC 21255 b
2723	2723	HB3703 - 77 - LRB104 11173 JRC 21255 b
2724	2724	1 Section 240. Stormwater management.
2725	2725	2 (a) The district may plan, manage, implement, and finance
2726	2726	3 activities relating to stormwater management within the
2727	2727	4 boundaries of the district in conformance with the countywide
2728	2728	5 stormwater management plan for Cook County. The district's
2729	2729	6 actions under this Section may not infringe upon the
2730	2730	7 stormwater management authority of the Metropolitan Water
2731	2731	8 Reclamation District of Greater Chicago.
2732	2732	9 For the purposes of this Section, the term "stormwater
2733	2733	10 management" includes, without limitation, the management of
2734	2734	11 floods and floodwaters.
2735	2735	12 (b) The district may utilize the resources of cooperating
2736	2736	13 local watershed councils, including the stormwater management
2737	2737	14 planning councils created under Section 5-1062.1 of the
2738	2738	15 Counties Code, councils of local governments, the Northeastern
2739	2739	16 Illinois Planning Commission, and similar organizations and
2740	2740	17 agencies. The district may provide those organizations and
2741	2741	18 agencies with funding, on a contractual basis, for providing
2742	2742	19 information to the district, providing information to the
2743	2743	20 public, or performing other activities related to stormwater
2744	2744	21 management.
2745	2745	22 The district may negotiate and enter into agreements with
2746	2746	23 any county for the management of stormwater runoff in
2747	2747	24 accordance with subsection (c) of Section 5-1062 of the
2748	2748	25 Counties Code.
2749	2749	26 The district may enter into intergovernmental agreements
2750	2750
2751	2751
2752	2752
2753	2753
2754	2754
2755	2755	HB3703 - 77 - LRB104 11173 JRC 21255 b
2756	2756
2757	2757
2758	2758	HB3703- 78 -LRB104 11173 JRC 21255 b HB3703 - 78 - LRB104 11173 JRC 21255 b
2759	2759	HB3703 - 78 - LRB104 11173 JRC 21255 b
2760	2760	1 with units of local government that are located in whole or in
2761	2761	2 part outside the district for the purpose of implementing the
2762	2762	3 stormwater management plan and providing stormwater management
2763	2763	4 services in areas not included within the territory of the
2764	2764	5 district.
2765	2765	6 (c) The district shall prepare and adopt by ordinance a
2766	2766	7 stormwater management plan for the district. The plan may
2767	2767	8 incorporate one or more separate watershed plans and shall be
2768	2768	9 at least as stringent as the stormwater management plan
2769	2769	10 established by the Metropolitan Water Reclamation District.
2770	2770	11 Prior to adopting the stormwater management plan, the
2771	2771	12 district shall hold at least one public hearing thereon and
2772	2772	13 shall afford interested persons an opportunity to be heard.
2773	2773	14 The district shall obtain all necessary permits and
2774	2774	15 approvals from the Metropolitan Water Reclamation District in
2775	2775	16 accordance with applicable law.
2776	2776	17 (d) The district may prescribe, by ordinance, reasonable
2777	2777	18 rules and regulations for floodplain and stormwater management
2778	2778	19 and for governing the location, width, course, and release
2779	2779	20 rate of all sewers and stormwater runoff channels and basins
2780	2780	21 in the district in accordance with the adopted stormwater
2781	2781	22 management plan. These rules and regulations shall, at a
2782	2782	23 minimum, meet the standards for floodplain management
2783	2783	24 established by the Office of Water Resources of the Department
2784	2784	25 of Natural Resources and the requirements of the federal
2785	2785	26 Emergency Management Agency for participation in the National
2786	2786
2787	2787
2788	2788
2789	2789
2790	2790
2791	2791	HB3703 - 78 - LRB104 11173 JRC 21255 b
2792	2792
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2795	2795	HB3703 - 79 - LRB104 11173 JRC 21255 b
2796	2796	1 Flood Insurance Program.
2797	2797	2 The ordinance adopted by the district under this
2798	2798	3 subsection may provide for a civil penalty for each violation
2799	2799	4 of the ordinance of not less than $100 nor more than $1,000,
2800	2800	5 excluding costs and fees that may be assessed under this
2801	2801	6 Section. Each day's continuance of a violation is a separate
2802	2802	7 offense.
2803	2803	8 (e) Civil penalties assessed by the board of trustees for
2804	2804	9 violations of an ordinance adopted under subsection (d) shall
2805	2805	10 be assessed following a hearing that shall be conducted by the
2806	2806	11 board of trustees or its designee pursuant to procedures
2807	2807	12 adopted by the board of trustees. The procedures shall
2808	2808	13 include, at a minimum, the following:
2809	2809	14 (1) In addition to any civil penalty imposed, the
2810	2810	15 board of trustees may order a party found to have
2811	2811	16 committed a violation of an ordinance adopted under
2812	2812	17 subsection (d) to reimburse the district for the costs of
2813	2813	18 the hearing, including any expenses incurred for
2814	2814	19 inspection, sampling, analysis, administrative costs, and
2815	2815	20 court reporter's and attorney's fees, and to comply with
2816	2816	21 the ordinance adopted under subsection (d) within a time
2817	2817	22 specified by the board of trustees.
2818	2818	23 (2) Unless the party or parties to whom the order is
2819	2819	24 issued seek judicial review, the civil penalties, costs,
2820	2820	25 and fees assessed by the board of trustees under this
2821	2821	26 Section shall be paid by the party or parties in violation
2822	2822
2823	2823
2824	2824
2825	2825
2826	2826
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2828	2828
2829	2829
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2832	2832	1 no later than the latter of (i) 35 days after the party
2833	2833	2 receives a written copy of the order of the board of
2834	2834	3 trustees imposing the civil penalties, costs, or fees or
2835	2835	4 (ii) the date ordered by the board of trustees.
2836	2836	5 (3) If the party assessed a civil penalty seeks
2837	2837	6 judicial review of the order assessing civil penalties,
2838	2838	7 the party shall, no later than 35 days after the date of
2839	2839	8 the final order, pay the amount of the civil penalties,
2840	2840	9 costs, and fees assessed into an escrow account maintained
2841	2841	10 by the district for that purpose or file a bond
2842	2842	11 guaranteeing payment of the civil penalties, fees, and
2843	2843	12 costs if the civil penalties, fees, and costs are upheld
2844	2844	13 on review.
2845	2845	14 (4) Civil penalties, fees, and costs imposed under
2846	2846	15 this Section are recoverable by the district in a civil
2847	2847	16 action by all remedies available under law.
2848	2848	17 (5) The district may apply to the circuit court for an
2849	2849	18 injunction or mandamus when, in the opinion of the
2850	2850	19 president of the district, the person has failed to comply
2851	2851	20 with an order of the board of trustees or the relief is
2852	2852	21 necessary to prevent flooding.
2853	2853	22 The Administrative Review Law governs proceedings for the
2854	2854	23 judicial review of final orders of the board of trustees
2855	2855	24 issued under this subsection.
2856	2856	25 (f) The district may impose fees on areas outside the
2857	2857	26 district but within Cook County for performance of stormwater
2858	2858
2859	2859
2860	2860
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2864	2864
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2868	2868	1 management services, including, but not limited to,
2869	2869	2 maintenance the development, design, planning, construction,
2870	2870	3 operation, and maintenance of stormwater facilities and use of
2871	2871	4 the Town of Cicero sewer systems. The unit of local government
2872	2872	5 in which the stormwater services are performed shall remit the
2873	2873	6 fees to the district. All such fees collected by the district
2874	2874	7 shall be held in a separate fund and used for implementation of
2875	2875	8 this Section.
2876	2876	9 (g) Amounts collected by the district under this Act that
2877	2877	10 are designated for corporate purposes or for stormwater
2878	2878	11 management purposes may be used by the district for
2879	2879	12 implementing this Section and for the development, design,
2880	2880	13 planning, construction, operation, and maintenance of regional
2881	2881	14 and local stormwater facilities provided for in the stormwater
2882	2882	15 management plan.
2883	2883	16 (h) The district may plan, implement, finance, and operate
2884	2884	17 regional and local stormwater management projects in
2885	2885	18 accordance with the adopted countywide stormwater management
2886	2886	19 plan.
2887	2887	20 The district shall provide for public review and comment
2888	2888	21 on proposed stormwater management projects. The district shall
2889	2889	22 conform to State and federal requirements concerning public
2890	2890	23 information, environmental assessments, and environmental
2891	2891	24 impacts for projects receiving State or federal funds.
2892	2892	25 The district may issue bonds under Section 100 of this Act
2893	2893	26 for the purpose of funding stormwater management projects.
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2904	2904	1 The district may not use Cook County Forest Preserve
2905	2905	2 District land for stormwater or flood control projects without
2906	2906	3 the consent of that District.
2907	2907	4 The district may acquire, by purchase from a willing
2908	2908	5 seller in a voluntary transaction, real property in
2909	2909	6 furtherance of its regional and local stormwater management
2910	2910	7 activities. Nothing in this Section shall affect the
2911	2911	8 district's powers of condemnation or eminent domain as
2912	2912	9 otherwise allowed under this Act.
2913	2913	10 (i) Upon the creation and implementation of a county
2914	2914	11 stormwater management plan, the district may petition the
2915	2915	12 circuit court to dissolve any or all drainage districts
2916	2916	13 created pursuant to the Illinois Drainage Code or predecessor
2917	2917	14 Acts that are located entirely within the district.
2918	2918	15 An active drainage district implementing a plan that is
2919	2919	16 consistent with and at least as stringent as the district's
2920	2920	17 stormwater management plan may petition the district for
2921	2921	18 exception from dissolution. Upon filing of the petition, the
2922	2922	19 district shall set a date for hearing not less than 2 weeks,
2923	2923	20 nor more than 4 weeks, from the filing thereof, and the
2924	2924	21 district shall give at least one week's notice of the hearing
2925	2925	22 in one or more newspapers of general circulation within the
2926	2926	23 drainage district, and, in addition, shall cause a copy of the
2927	2927	24 notice to be personally served upon each of the trustees of the
2928	2928	25 drainage district. At the hearing, the district shall hear the
2929	2929	26 drainage district's petition and allow the drainage district
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2940	2940	1 trustees and any interested parties an opportunity to present
2941	2941	2 oral and written evidence. The district shall render its
2942	2942	3 decision upon the petition for exception from dissolution
2943	2943	4 based upon the best interests of the residents of the drainage
2944	2944	5 district. If the exception is not allowed, the drainage
2945	2945	6 district may file a petition with the circuit court within 30
2946	2946	7 days after the decision. In that case, the notice and hearing
2947	2947	8 requirements for the court shall be the same as provided in
2948	2948	9 this subsection for the petition to the district. The court
2949	2949	10 shall render its decision of whether to dissolve the district
2950	2950	11 based upon the best interests of the residents of the drainage
2951	2951	12 district.
2952	2952	13 The dissolution of a drainage district does not affect the
2953	2953	14 obligation of any bonds issued or contracts entered into by
2954	2954	15 the drainage district nor invalidate the levy, extension, or
2955	2955	16 collection of any special assessments upon the property in the
2956	2956	17 former drainage district. All property and obligations of the
2957	2957	18 former drainage district shall be assumed and managed by the
2958	2958	19 district, and the debts of the former drainage district shall
2959	2959	20 be discharged as soon as practicable.
2960	2960	21 If a drainage district lies only partly within the
2961	2961	22 district, the district may petition the circuit court to
2962	2962	23 disconnect from the drainage district that portion of the
2963	2963	24 drainage district that lies within the district. The property
2964	2964	25 of the drainage district within the disconnected area shall be
2965	2965	26 assumed and managed by the district. The district shall also
2966	2966
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2976	2976	1 assume a portion of the drainage district's debt at the time of
2977	2977	2 disconnection based on the portion of the value of the taxable
2978	2978	3 property of the drainage district that is located within the
2979	2979	4 area being disconnected.
2980	2980	5 A drainage district that is not dissolved under this
2981	2981	6 subsection within Cook County shall conform its operations to
2982	2982	7 the countywide stormwater management plan for Cook County.
2983	2983	8 (j) The district may, after 10 days' written notice to the
2984	2984	9 owner or occupant, enter upon any lands or waters within the
2985	2985	10 county for the purpose of inspecting stormwater facilities or
2986	2986	11 causing the removal of any obstruction to an affected
2987	2987	12 watercourse.
2988	2988	13 (k) The district shall post a report on its website
2989	2989	14 annually on its activities and expenditures under this
2990	2990	15 Section.
2991	2991	16 (l) The powers granted to the district under this Section
2992	2992	17 are in addition to the other powers granted under this Act.
2993	2993	18 This Section does not limit the powers of the district under
2994	2994	19 any other provision of this Act or any other law.
2995	2995	20 (m) This Section does not affect the power or duty of any
2996	2996	21 unit of local government to take actions relating to flooding
2997	2997	22 or stormwater so long as those actions conform with this
2998	2998	23 Section and the plans, rules, and ordinances adopted by the
2999	2999	24 district under this Section.
3000	3000	25 Section 900. Severability. The provisions of this Act are
3001	3001
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3011	3011	1 severable under Section 1.31 of the Statute on Statutes.
3012	3012	2 Section 905. The Eminent Domain Act is amended by adding
3013	3013	3 Section 15-5-49 as follows:
3014	3014
3015	3015
3016	3016
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