MWRD-DISCHARGE VIOLATIONS

Illinois General Assembly - Full Text of SB3704

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3704

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

70 ILCS 2605/7a

from Ch. 42, par. 326a

Amends the Metropolitan Water Reclamation District Act. Makes changes
in provisions concerning the circumstances under which the executive
director of the Metropolitan Water Reclamation District shall issue cease
and desist orders and may issue orders to show cause and discontinue
specified discharge-related violations. Provides that the Board of
Commissioners of the District may order the party responsible for
violations to pay a civil penalty that is not less than $1,500 nor more
$5,000 per violation in show cause proceedings (rather than not less than
$1,000 nor more than $2,000 for each day of discharge). Further provides
that violations occurring after the last cited violation may be included
in a separate show cause proceeding or consolidated with the current show
cause proceeding at the district's sole discretion. Specifies that the
court may assess a civil penalty of not less than $1,500 nor more than
$25,000 (rather than not less than $1,000 nor more than $10,000) for each
day an offending party violates a final order of the Board of Commissioners
and for each violation when the offending party's discharge represents an
imminent danger to public health, welfare, safety; presents an
endangerment to the environment; or threatens to interfere with the
sewerage system or a water reclamation plant under the jurisdiction of the
district. For show cause and Board order violations, adds that, when
multiple exceedances of pollutant limits occur in a single day, the number
of violations in that day shall be the number of exceedances in that day
and that each regulatory multiple day average that exceeds acceptable
limits also constitute a separate violation. Makes other changes.
LRB104 20622 RTM 34118 b

A BILL FOR

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LRB104 20622 RTM 34118 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Metropolitan Water Reclamation District Act
5
is amended by changing Section 7a as follows:

6

(70 ILCS 2605/7a)

(from Ch. 42, par. 326a)
7

Sec. 7a.
Discharge into sewers of a sanitary district.
8

(a) The terms used in this Section are defined as follows:
9

"Board of Commissioners" means the Board of Commissioners
10
of the sanitary district.
11

"Sewage" means water-carried human wastes or a combination
12
of water-carried wastes from residences, buildings,
13
businesses, industrial establishments, institutions, or other
14
places together with any ground, surface, storm, or other
15
water that may be present.
16

"Industrial Wastes" means all solids, liquids, or gaseous
17
wastes resulting from any commercial, industrial,
18
manufacturing, agricultural, trade, or business operation or
19
process, or from the development, recovery, or processing of
20
natural resources.
21

"Other Wastes" means decayed wood, sawdust, shavings,
22
bark, lime, refuse, ashes, garbage, offal, oil, tar,
23
chemicals, and all other substances except sewage and

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1
industrial wastes.
2

"Person" means any individual, firm, association, joint
3
venture, sole proprietorship, company, partnership, estate
4
copartnership, corporation, joint stock company, trust, school
5
district, unit of local government, or private corporation
6
organized or existing under the laws of this or any other state
7
or country.
8

"Executive Director" means the executive director of the
9
sanitary district.
10

(b) It shall be unlawful for any person to discharge
11
sewage, industrial waste, or other wastes into the sewerage
12
system of a sanitary district or into any sewer connected
13
therewith, except upon the terms and conditions that the
14
sanitary district might reasonably impose by way of ordinance,
15
permit, or otherwise.
16

Any sanitary district, in addition to all other powers
17
vested in it and in the interest of public health and safety,
18
or as authorized by subsections (b) and (c) of Section 46 of
19
the Environmental Protection Act, is hereby empowered to pass
20
all ordinances, rules, or regulations necessary to implement
21
this Section, including but not limited to, the imposition of
22
charges based on factors that influence the cost of treatment,
23
including strength and volume, and including the right of
24
access during reasonable hours to the premises of a person for
25
enforcement of adopted ordinances, rules, or regulations.
26

(c) Whenever the sanitary district acting through the

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1
executive director determines that sewage, industrial wastes,
2
or other wastes are being discharged into the sewerage system
3
and when, in the opinion of the executive director the
4
discharge is
in violation of an ordinance,
permit,
rules, or
5
regulations
of the sanitary district

adopted by the Board of
6
Commissioners under this Section governing industrial wastes
7
or other wastes
, the executive director shall order the
8
offending party to cease and desist. The order shall be served
9
on the offending party by U.S. first-class mail, U.S.
10
certified mail, personally, or by email as provided in
11
subsection (m).
12

In the event the offending party fails or refuses to
cease

13
discontinue
the
violation

discharge
within 90 days after
14
service of the cease and desist order
and in the manner and to
15
the extent prescribed under the sanitary district's ordinance,
16
rules, or regulations
, the executive director may order the
17
offending party to show cause before the Board of
18
Commissioners of the sanitary district why the
violation

19
discharge
should not be discontinued. A notice shall be served
20
directing the offending party to show cause before the Board
21
of Commissioners why an order should not be entered directing
22
the discontinuance of the
violation

discharge
. The notice
23
shall specify the time and place where a hearing will be held
24
and shall be served on the offending party by U.S. first-class
25
mail, U.S. certified mail, personally, or by email as provided
26
in subsection (m), at least 10 days before the hearing; and in

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1
the case of a unit of local government or a corporation the
2
service shall be upon an officer or agent thereof.
The notice
3
shall be accompanied by a show cause complaint.
After
4
reviewing the evidence, the Board of Commissioners may issue
5
an order to the party responsible for the
violation

discharge
,
6
directing that within a specified period of time the
violation

7
discharge
be discontinued. The Board of Commissioners may also
8
order the party responsible for the
violation

discharge
to pay
9
a civil penalty in an amount
specified by the Board of
10
Commissioners
that is not less than
$1,500

$1,000
nor more
11
than
$5,000

$2,000
per
day for each day of discharge of
12
effluent in
violation
of this Act as provided in subsection
13
(d)
.
For the purposes of this subsection, each day that
14
sewage, industrial wastes, or other wastes are discharged into
15
the sewerage system in violation of an ordinance, permit,
16
rules, or regulations of the sanitary district, as documented
17
in any notice of noncompliance or cease and desist order or
18
multiple orders forming the basis of the show cause complaint,
19
constitutes a separate violation. If the notice of
20
noncompliance or cease and desist order indicates multiple
21
exceedances in a single day of the pollutant limits set forth
22
in such ordinance, permit, rules, or regulations, the number
23
of violations in that day shall be the number of pollutant
24
exceedances in that day. Each regulatory multiple day average
25
that exceeds acceptable limits also constitutes a separate
26
violation.
The Board of Commissioners may also order the party

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1
responsible for the violation to pay court reporter costs and
2
hearing officer fees in a total amount not exceeding $3,000.
3
Additional violations occurring after the last cited violation
4
alleged in the show cause complaint may be included in a
5
separate show cause proceeding or consolidated in the current
6
show cause proceeding at the sanitary district's sole
7
discretion.

8

(d) The Board of Commissioners shall establish procedures
9
for assessing civil penalties and issuing orders under
10
subsection (c) as follows:
11

(1) In making its orders and determinations, the Board
12

of Commissioners shall take into consideration all the
13

facts and circumstances bearing on the activities involved
14

and the assessment of civil penalties as shown by the
15

record produced at the hearing.
16

(2) The Board of Commissioners shall establish a panel
17

of independent hearing officers to conduct all hearings on
18

the assessment of civil penalties and issuance of orders
19

under subsection (c). The hearing officers shall be
20

attorneys licensed to practice law in this State.
21

(3) The Board of Commissioners shall promulgate
22

procedural rules governing the proceedings, the assessment
23

of civil penalties, and the issuance of orders.
24

(4) All hearings shall be on the record, and testimony
25

taken must be under oath and recorded stenographically.
26

Transcripts so recorded must be made available to any

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1

member of the public or any party to the hearing upon
2

payment of the usual charges for transcripts. At the
3

hearing, the hearing officer may issue, in the name of the
4

Board of Commissioners, notices of hearing requesting the
5

attendance and testimony of witnesses and the production
6

of evidence relevant to any matter involved in the hearing
7

and may examine witnesses.
8

(5) The hearing officer shall conduct a full and
9

impartial hearing on the record, with an opportunity for
10

the presentation of evidence and cross-examination of the
11

witnesses. The hearing officer shall issue findings of
12

fact, conclusions of law, a recommended civil penalty, and
13

an order based solely on the record. The hearing officer
14

may also recommend, as part of the order, that the
15

discharge of industrial waste be discontinued within a
16

specified time.
17

(6) The findings of fact, conclusions of law,
18

recommended civil penalty, and order shall be transmitted
19

to the Board of Commissioners along with a complete record
20

of the hearing.
21

(7) The Board of Commissioners shall either approve or
22

disapprove the findings of fact, conclusions of law,
23

recommended civil penalty, and order. If the findings of
24

fact, conclusions of law, recommended civil penalty, or
25

order are rejected, the Board of Commissioners shall
26

remand the matter to the hearing officer for further

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1

proceedings. If the order is accepted by the Board of
2

Commissioners, it shall constitute the final order of the
3

Board of Commissioners.
4

(8) (Blank).
5

(9) The civil penalty specified by the Board of
6

Commissioners shall be paid within 35 days after the party
7

on whom it is imposed receives a written copy of the order
8

of the Board of Commissioners, unless the person or
9

persons to whom the order is issued seeks judicial review.
10

(10) If the respondent seeks judicial review of the
11

order assessing civil penalties, the respondent shall,
12

within 35 days after the date of the final order, pay the
13

amount of the civil penalties into an escrow account
14

maintained by the district for that purpose or file a bond
15

guaranteeing payment of the civil penalties if the civil
16

penalties are upheld on review.
17

(11) Civil penalties not paid by the times specified
18

above shall be delinquent and subject to a lien recorded
19

against the property of the person ordered to pay the
20

penalty. The foregoing provisions for asserting liens
21

against real estate by the sanitary district shall be in
22

addition to and not in derogation of any other remedy or
23

right of recovery, in law or equity, that the sanitary
24

district may have with respect to the collection or
25

recovery of penalties and charges imposed by the sanitary
26

district. Judgment in a civil action brought by the

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1

sanitary district to recover or collect the charges shall
2

not operate as a release and waiver of the lien upon the
3

real estate for the amount of the judgment. Only
4

satisfaction of the judgment or the filing of a release or
5

satisfaction of lien shall release the lien.
6

(e) The executive director may order a person to cease the
7
discharge of industrial waste upon a finding by the executive
8
director that the final order of the Board of Commissioners
9
entered after a hearing to show cause has been violated. The
10
order shall be served on the offending party by U.S.
11
first-class mail, U.S. certified mail, personally, or by email
12
as provided in subsection (m). The order of the executive
13
director shall also schedule an expedited hearing before a
14
hearing officer designated by the Board of Commissioners for
15
the purpose of determining whether the company has violated
16
the final order of the Board of Commissioners. The Board of
17
Commissioners shall adopt rules of procedure governing
18
expedited hearings. In no event shall the hearing be conducted
19
less than 7 days after service of the executive director's
20
order on the offending party.
21

At the conclusion of the expedited hearing, the hearing
22
officer shall prepare a report with his or her findings and
23
recommendations and transmit it to the Board of Commissioners.
24
If the Board of Commissioners, after reviewing the findings
25
and recommendations, and the record produced at the hearings,
26
determines that the person has violated the Board of

SB3704
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LRB104 20622 RTM 34118 b
1
Commissioner's final order, the Board of Commissioners may
2
authorize the plugging of the sewer. The executive director
3
shall give not less than 10 days written notice of the Board of
4
Commissioner's order to the owner, officer, registered agent,
5
or individual designated by permit, as well as the owner of
6
record of the real estate and other parties known to be
7
affected, that the sewer will be plugged.
8

The foregoing provision for plugging a sewer shall be in
9
addition to and not in derogation of any other remedy, in law
10
or in equity, that the district may have to prevent violation
11
of its ordinances and orders of its Board of Commissioners.
12

(f) A violation of the final order of the Board of
13
Commissioners shall be considered a nuisance. If any person
14
discharges sewage, industrial wastes, or other wastes into any
15
waters contrary to the final order of the Board of
16
Commissioners, the sanitary district acting through the
17
executive director has the power to commence an action or
18
proceeding in the circuit court in and for the county in which
19
the sanitary district is located for the purpose of having the
20
discharge stopped either by mandamus or injunction, or to
21
remedy the violation in any manner provided for in this
22
Section.
23

The court shall specify a time, not exceeding 20 days
24
after the service of the copy of the complaint, in which the
25
party complained of must plead to the complaint, and in the
26
meantime, the party may be restrained. In case of default or

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1
after pleading, the court shall immediately inquire into the
2
facts and circumstances of the case and enter an appropriate
3
judgment in respect to the matters complained of. Appeals may
4
be taken as in other civil cases.
5

(g) The sanitary district, acting through the executive
6
director, has the power to commence an action or proceeding
7
for mandamus or injunction in the circuit court ordering a
8
person to cease its discharge, when, in the opinion of the
9
executive director, the person's discharge presents an
10
imminent danger to the public health, welfare, or safety,
11
presents or may present an endangerment to the environment, or
12
threatens to interfere with the operation of the sewerage
13
system or a water reclamation plant under the jurisdiction of
14
the sanitary district. The initiation of a show cause hearing
15
is not a prerequisite to the commencement by the sanitary
16
district of an action or proceeding for mandamus or injunction
17
in the circuit court. The court shall specify a time, not
18
exceeding 20 days after the service of a copy of the petition,
19
in which the party complained of must answer the petition, and
20
in the meantime, the party may be restrained. In case of
21
default in answer or after answer, the court shall immediately
22
inquire into the facts and circumstances of the case and enter
23
an appropriate judgment order in respect to the matters
24
complained of. An appeal may be taken from the final judgment
25
in the same manner and with the same effect as appeals are
26
taken from judgment of the circuit court in other actions for

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1
mandamus or injunction.
2

(h) Whenever the sanitary district commences an action
3
under subsection (f) of this Section, the court shall assess a
4
civil penalty of not less than
$1,500

$1,000
nor more than
5
$25,000

$10,000
for each day the person violates a Board
6
order. Whenever the sanitary district commences an action
7
under subsection (g) of this Section, the court shall assess a
8
civil penalty of not less than
$1,500

$1,000
nor more than
9
$25,000 per violation

$10,000

for each day the person violates
10
the ordinance. Each day's continuance of the violation is a
11
separate offense
.
For purposes of subsection (f), each day
12
that sewage, industrial wastes, or other wastes are discharged
13
into the sewerage system in violation of a Board order
14
constitutes a separate violation. For multiple exceedances in
15
a single day of the pollutant limits set forth in the sanitary
16
district's ordinance, permit, rules, or regulations, the
17
number of violations in that day shall be the number of
18
pollutant exceedances in that day. Each regulatory multiple
19
day average that exceeds acceptable limits shall also
20
constitute a separate violation. For purposes of subsection
21
(g), in addition to the civil penalties available under
22
subsection (c) of this Section, each day that the person's
23
discharge presents an imminent danger to the public health,
24
welfare, or safety, presents an endangerment to the
25
environment, or threatens to interfere with the operation of
26
the sewerage system or a water reclamation plant under the

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LRB104 20622 RTM 34118 b
1
jurisdiction of the sanitary district, constitutes a separate
2
violation subject to the civil penalties available under this
3
subsection.

4

The penalties provided in this Section plus interest
5
at the rate set forth in the Interest Act on unpaid penalties,
6
costs, and fees, imposed by the Board of Commissioners under
7
subsection (d), the reasonable costs to the sanitary district
8
of removal or other remedial action caused by discharges in
9
violation of this Act, reasonable attorney's fees, court
10
costs, and other expenses of litigation together with costs
11
for inspection, sampling, analysis, and administration related
12
to the enforcement action against the offending party are
13
recoverable by the sanitary district in a civil action.
14

(i) The Board of Commissioners may establish fees for late
15
filing of reports with the sanitary district required by an
16
ordinance governing discharges. The sanitary district shall
17
provide a written notice of the fee assessment, by U.S.
18
first-class mail, U.S. certified mail, personally, or by email
19
as provided in subsection (m), that states the person has 30
20
days after being served with the notice to request a
21
conference with the executive director's designee to discuss
22
or dispute the appropriateness of the assessed fee. Unless a
23
person objects to paying the fee for filing a report late by
24
timely requesting in writing a conference with a designee of
25
the executive director, that person waives his or her right to
26
a conference and the sanitary district may impose a lien

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LRB104 20622 RTM 34118 b
1
recorded against the property of the person for the amount of
2
the unpaid fee.
3

If a person requests a conference and the matter is not
4
resolved at the conference, the person subject to the fee may
5
request an administrative hearing before an impartial hearing
6
officer appointed under subsection (d) to determine the
7
person's liability for and the amount of the fee.
8

If the hearing officer finds that the late filing fees are
9
owed to the sanitary district, the sanitary district shall
10
notify the responsible person or persons of the hearing
11
officer's decision. If payment is not made within 30 days
12
after the notice, the sanitary district may impose a lien on
13
the property of the person or persons.
14

Any liens filed under this subsection shall apply only to
15
the property to which the late filing fees are related. A claim
16
for lien shall be filed in the office of the recorder of the
17
county in which the property is located. The filing of a claim
18
for lien by the district does not prevent the sanitary
19
district from pursuing other means for collecting late filing
20
fees. If a claim for lien is filed, the sanitary district shall
21
notify the person whose property is subject to the lien, and
22
the person may challenge the lien by filing an action in the
23
circuit court. The action shall be filed within 90 days after
24
the person receives the notice of the filing of the claim for
25
lien. The court shall hear evidence concerning the underlying
26
reasons for the lien only if an administrative hearing has not

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1
been held under this subsection.
2

(j) If the provisions of any paragraph of this Section are
3
declared unconstitutional or invalid by the final decision of
4
any court of competent jurisdiction, the provisions of the
5
remaining paragraphs continue in effect.
6

(k) Nothing in this Section eliminates any of the powers
7
now granted to municipalities having a population of 500,000
8
or more as to design, preparation of plans, and construction,
9
maintenance, and operation of sewers and sewerage systems, or
10
for the control and elimination or prevention of the pollution
11
of their waters or waterways, in the Illinois Municipal Code
12
or any other Act of the State of Illinois.
13

(l) The provisions of the Administrative Review Law and
14
all amendments and rules adopted pursuant to that Law apply to
15
and govern all proceedings for the judicial review of final
16
administrative decisions of the Board of Commissioners in the
17
enforcement of any ordinance, rule, or regulation adopted
18
under this Act.
19

(m) Solely in relation to the discharge of sewage,
20
industrial wastes, or other wastes subject to one of the
21
sanitary district's ordinances, the sanitary district may
22
implement an electronic reporting system that will allow
23
notices, orders, and other documents to be sent directly by
24
email to persons or entities registered with the sanitary
25
district, and, in the discretion of the sanitary district, to
26
allow those persons or entities registered with the sanitary

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LRB104 20622 RTM 34118 b
1
district to view, modify, or submit documents using the
2
electronic reporting system. Wherever this Section provides
3
for service of documents by the sanitary district by U.S.
4
first-class mail, U.S. certified mail, or personal service,
5
the sanitary district may serve by email the documents upon
6
the registered persons or entities in lieu of service by U.S.
7
first-class mail, U.S. certified mail, or personal service.
8
Enrollment in the electronic reporting system in this
9
subsection is voluntary and limited to nonresidential
10
facilities or uses. Service by email under this Section is
11
only permitted on those persons or entities that voluntarily
12
enroll in the system. The sanitary district shall adopt rules,
13
as approved by ordinance, to ensure service of process by
14
email is properly effectuated upon the registered persons and
15
entities.
16
(Source: P.A. 103-334, eff. 7-28-23.)

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