70 ILCS 2305/ – North Shore Water Reclamation District Act.

(70 ILCS 2305/0.1) (from Ch. 42, par. 276.99)

Sec. 0.1.
This Act shall be known and may be cited as the “North Shore Water Reclamation
District Act”.

(Source: P.A. 99-669, eff. 7-29-16.)

 

(70 ILCS 2305/0.5)

Sec. 0.5. Sanitary district references. On and after the date the sanitary district renames itself under Section 4 of this Act, any references to “sanitary district” in this Act shall mean “water reclamation district”.

(Source: P.A. 99-669, eff. 7-29-16.)

 

(70 ILCS 2305/1) (from Ch. 42, par. 277)

Sec. 1.

That whenever any area of contiguous territory within the
limits of a single county shall contain 2 or more incorporated cities,
towns or villages owning and operating, either or any of them, a system
or systems of water works and procuring a supply of water from Lake
Michigan, and shall be so situated that the construction and maintenance
of a common plant for the purification and treatment of sewage, and the
maintenance of a common outlet for the drainage thereof will conduce to
the preservation of the public health, the same may be incorporated as a
sanitary district under this act, in the manner following: Any 300 legal
voters resident within the limits of such proposed sanitary district may
petition the Circuit Court in the county in which they reside to cause
the question to be submitted to the legal voters of such proposed
district whether they will organize as a sanitary district under this
act. Such petition shall be addressed to the Circuit Court, and shall
contain a definite description of the territory intended to be embraced
in such district, and the name of such proposed sanitary district:
However, no territory shall be included in any municipal corporation
formed hereunder which is not situated within the limits of a city,
incorporated town or village, or within 3 miles thereof, and no
territory shall be included within more than one sanitary district under
this act. Upon the filing of such petition in the office of the circuit
clerk in the county in which such territory is situated it shall be the
duty of the Circuit Court to name 3 judges of such court who shall
constitute a board of commissioners which shall have power and authority
to consider the boundaries of any such proposed sanitary district,
whether the same shall be described in such petition or otherwise.
Notice shall be given by the Circuit Court of the time and place where
such commissioners will meet, by a publication inserted in one or more
daily papers published in such county, at least 20 days prior to such
meeting. At such meeting all persons in such proposed sanitary district
shall have an opportunity to be heard touching the location and boundary
of such proposed district and make suggestions regarding the same, and
such commissioners, after hearing statements, evidence and suggestions,
shall fix and determine the limits and boundaries of such proposed
district, and for that purpose and to that extent may alter and amend
such petition. After such determination by the commissioners, or a
majority of them, the Circuit Court shall certify the question of the organization and
establishment of the proposed sanitary district, as determined by the
commissioners, to the proper election officials who shall submit the question
at an election in accordance with the general election law. In addition
to the requirements of the general election law, such notice shall specify briefly
the purpose of such election and shall contain a description of such proposed
district. Each legal voter resident within such proposed sanitary
district shall have the right to cast a ballot at such election. The question
shall be in substantially the following form: “For sanitary district,” or
“Against sanitary
district.” The Circuit Court shall cause
a statement of the result of such election to be entered of record in
the circuit court. If a majority of the votes cast upon the question
of the incorporation of the proposed sanitary district, shall be in
favor of the proposed sanitary district, such proposed district shall
thenceforth be deemed an organized sanitary district under this act.

(Source: P.A. 83-343.)

 

(70 ILCS 2305/2) (from Ch. 42, par. 278)

Sec. 2.

All courts in this State shall take judicial notice of the
existence of all sanitary districts organized under this act.

(Source: Laws 1913, p. 303.)

 

(70 ILCS 2305/3) (from Ch. 42, par. 279)

Sec. 3. Election of trustees; terms. The corporate authority of the North Shore Water Reclamation District
shall consist of 5 trustees.

Within 20 days after the adoption of the Act, as provided in Section
1, the county governing body shall proceed to divide the sanitary
district into 5 wards for the purpose of electing trustees. One trustee shall
be elected for each ward on the date of the next regular county election. In
each sanitary district organized pursuant to the provisions of this Act prior
to the effective date of this amendatory Act of 1975, one trustee shall be
elected for each ward on the date of the regular county election in the year
1976. However, the population in no one ward shall be less than 1/6 of the
population of the whole district and the territory in each of the wards
shall be composed of contiguous territory in as compact form as
practicable. A portion of each ward shall abut the west shore of Lake
Michigan and the boundaries of the respective wards shall coincide with
precinct boundaries and the boundaries of existing municipalities as
nearly as practicable. In the year 1981, and every 10 years thereafter,
the sanitary district board of trustees shall reapportion the district, so that
the respective wards shall conform as nearly as practicable with the above
requirements as to population, shape and territory.

All trustees
elected from 1994 through 2011 shall assume office on the first Monday in
December following the general election. All trustees elected in 2012 or thereafter shall assume office on the second Wednesday in December following the general election.

In the year 1982, and every 10 years thereafter, following each
decennial Federal census, all 5 trustees shall be elected. Immediately
following each decennial redistricting, the sanitary district board of
trustees shall be randomly divided into 2 groups, one of which shall consist of 3
wards and the other shall consist of 2 wards. A random process shall again be used to determine which trustees from one group shall
serve terms of 4 years, 4 years and 2 years; and which trustees from the other group
shall serve terms of 2 years, 4 years and 4 years.

Each of the trustees, upon entering the duties of their respective offices, shall execute a bond with security, in the amount and form to be approved by the corporate authorities, payable to the district, in the penal sum of not less than $250,000.00, as directed by resolution or ordinance, conditioned upon the faithful performance of the duties of the office. Each bond shall be filed with and preserved by the board secretary.

When a vacancy exists in the office of trustees of any sanitary
district organized under the provisions of this Act, the vacancy shall
be filled by appointment of an individual of the same political party as that of the trustee who vacated the seat by the president of the sanitary district board
of trustees, with the advice and consent of the sanitary district board of
trustees, until the next regular election at which trustees of the sanitary
district are elected, and shall be made a matter of record in the office of the
county clerk in the county in which the district is located.

A majority of the board of trustees shall constitute a quorum, but a
smaller number may adjourn from day to day. No trustee or employee of
the district shall be directly or indirectly interested in any
contract, work or business of the district, or the sale of any article,
the expense, price or consideration of which is paid by the district;
nor in the purchase of any real estate or other property belonging to
the district, or which shall be sold for taxes or assessments, or by
virtue of legal process at the suit of the district. The trustees have
the power to provide and adopt a corporate seal for the district.

(Source: P.A. 99-669, eff. 7-29-16; 100-31, eff. 8-4-17.)

 

(70 ILCS 2305/4) (from Ch. 42, par. 280)

Sec. 4. Board of trustees; powers; compensation. The trustees shall
constitute a board of trustees for the district.
The board of trustees is the corporate authority of the district, and
shall exercise all the powers and manage and control all the affairs and
property of the district. The board shall elect a president and
vice-president from among their own number. In case of the death,
resignation, absence from the state, or other disability of the
president, the powers, duties and emoluments of the office of the
president shall devolve upon the vice-president, until the disability
is removed or until a successor to the president is appointed and chosen
in the manner provided in this Act. The board may select a secretary,
treasurer, executive director, and attorney, and may provide
by ordinance for the employment of other employees as
the board may deem necessary for the municipality. The board may appoint
such other officers and hire such employees to manage and control the
operations of the district as it deems necessary; provided, however, that the
board shall not employ an individual as a wastewater operator whose Certificate
of Technical Competency is suspended or revoked under rules adopted by the
Pollution Control Board under item (4) of subsection (a) of Section 13 of the
Environmental Protection Act. All employees
selected by the board shall hold their respective offices during the
pleasure of the board, and give such bond as may be required by the
board. The board may prescribe the duties and fix the compensation of
all the officers and employees of the sanitary district. However, the president of the board shall not receive more than $18,000 per year, and each other member of the board shall not receive more than $15,000 per year. The board of trustees has full power to pass all necessary
ordinances, rules and regulations for the proper management and conduct of
the business of the board and of the corporation, and for carrying into
effect the objects for which the sanitary district was formed. The
ordinances may provide for a fine for each offense of not less than $100 or
more than $1,000. Each day’s continuance of a violation shall be a
separate offense. Fines under this Section are recoverable by the sanitary
district in a civil action. The sanitary district is authorized to apply
to the circuit court for injunctive relief or mandamus when, in the opinion
of the chief administrative officer, the relief is necessary
to protect the sewerage system of the sanitary district.

The board of trustees shall have the authority to change the name of the District, by ordinance, to the North Shore Water Reclamation District. Any such name change shall not impair the legal status of any act by the sanitary district. If an ordinance is passed pursuant to this paragraph, all provisions of this Act shall apply to the newly renamed district. No rights, duties, or privilege of such sanitary district or of any person existing before the change of name shall be affected by the change in the name of the sanitary district. All proceedings pending in any court relating to such sanitary district may continue to final consummation under the name in which they were commenced.

(Source: P.A. 101-575, eff. 8-23-19.)

 

(70 ILCS 2305/5) (from Ch. 42, par. 281)

Sec. 5. Ordinance enactment and rulemaking procedures.

(a) No ordinance or rule imposing a penalty, or assessing a charge under
Section 7.1, shall take effect until the board of trustees has complied with
the requirements of this Section. As used in this Section, “rule” means a rule,
regulation, order, or resolution.

• (1) Not less than 30 days before the effective date of a proposed ordinance or rule imposing a penalty or assessing a charge under Section 7.1, the board of trustees shall publish a general notice of the proposed ordinance or rule imposing a penalty or assessing a charge under Section 7.1 in a newspaper of general circulation in the district or, if no such newspaper exists, shall post copies of the notice in 3 public places in the district, unless persons subject to the proposed ordinance or rule are named and either personally served or otherwise have actual notice in accordance with the law. The notice shall include the following:
• (A) A statement of the time, place, and nature of public proceedings to consider or adopt the proposed ordinance or rule.
• (B) Reference to the legal authority under which the ordinance or rule is proposed.
• (C) Either the terms or substance of the proposed ordinance or rule or a description of the subjects and issues involved.
• (2) After publication or service of the notice of the proposed ordinance or rule imposing a penalty or assessing a charge under Section 7.1, the board of trustees shall give interested persons a meaningful opportunity to participate in the process through submission of written data, views, or arguments with or without the opportunity for oral presentation. After consideration of the relevant matter presented, the board of trustees shall incorporate in the adopted ordinance or rule a concise general statement of its basis and purpose and in an accompanying explanatory notice shall specifically address each comment received by the board.
• (3) The board of trustees shall make the required publication or service of notice of a final ordinance or rule imposing a penalty or assessing a charge under Section 7.1; not less than 30 days before its effective date.

(b) Except as otherwise provided in this Section, no other ordinance or rule shall take effect until 10 days after it is published. However, notwithstanding the provisions of this Section, any ordinance or rule which contains a statement of its urgency in the preamble or body thereof, may take effect immediately upon its passage provided that the corporate authorities, by a vote of two-thirds of all the members then holding office, so direct. The decision of the corporate authorities as to the urgency of any ordinance shall not be subject to judicial review except for an abuse of discretion.

(c) Except as otherwise provided in this Section, all ordinances, rules, or resolutions shall be (1) printed or published in book or pamphlet form, published by authority of the corporate authorities, or (2) published at least once, within 30 days after passage, in one or more newspapers published in the district, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the district. Publication shall be satisfied by either subsection (1) or (2) notwithstanding any other provision in this Act. If there is an error in printing, the publishing requirement of this Act shall be satisfied if those portions of the ordinance or rule that were erroneously printed are republished, correctly, within 30 days after the original publication that contained the error. The fact that an error occurred in publication shall not affect the effective date of the ordinance or rule so published. If the error in printing is not corrected within 30 days after the date of the original publication that contained the error, as provided in the preceding sentence, the corporate authorities may, by ordinance, declare the ordinance or rule that was erroneously published to be nevertheless valid and in effect no sooner than 10 days after the date of the original publication, notwithstanding the error in publication, and shall order the original ordinance or rule to be published once more within 30 days after the passage of the validating ordinance.

(d) The board of trustees shall give an interested person the right to
petition for the issuance, amendment, or repeal of an ordinance or a rule.

(Source: P.A. 95-607, eff. 9-11-07.)

 

(70 ILCS 2305/6) (from Ch. 42, par. 282)

Sec. 6.

All ordinances, orders and resolutions, and the date of publication
thereof, may be proven by the certificate of the clerk, under the seal of
the corporation, and when printed in book or pamphlet form, and purporting
to be published by the board of trustees, such book or pamphlet shall be
received as evidence of the passage and legal publication of such
ordinances, orders and resolutions, as of the dates mentioned in such book,
or pamphlet in all courts and places without further proof.

(Source: Laws 1911, p. 299.)

 

(70 ILCS 2305/6.1) (from Ch. 42, par. 282.1)

Sec. 6.1.

Actions to impose a fine or imprisonment for violation of a
sanitary district ordinance or resolution adopted under authority of this
Act shall be brought in the corporate name of the sanitary district as
plaintiff. Such actions shall commence with a complaint or a warrant. A
warrant may issue upon execution of an affidavit by any person alleging
that he has reasonable grounds to believe that the person to be named in
the warrant has violated a sanitary district ordinance or resolution. A
person arrested upon such a warrant shall be taken without unnecessary
delay before the proper officer for trial.

Fines for the violation of sanitary district ordinances or resolutions
shall be established by ordinance or resolution and when collected shall be
paid into the sanitary district treasury at such times and in a manner
prescribed by ordinance or resolution.

A person who is fined for violation of a sanitary district ordinance or
resolution may be committed to the county jail or to any place provided by
ordinance or resolution for the incarceration of offenders until the fine
and costs are paid. No incarceration, however, shall exceed 6 months for
any one offense.

The committed person shall be allowed, exclusive of his board, a credit
of $5 toward the fine and costs for each day of confinement. The sanitary
district may make agreements with a county or municipality for holding such
persons in a facility operated by them for the incarceration of violators
of laws, ordinances or resolutions.

(Source: Laws 1967, p. 776.)

 

(70 ILCS 2305/7) (from Ch. 42, par. 283)

Sec. 7. Powers of the board of trustees. The board of trustees of any sanitary district organized under
this Act may provide for the treatment of the sewage thereof and save and
preserve the water supplied to the inhabitants of such district from
contamination.
For that purpose the board may construct and maintain an enclosed conduit
or conduits, main pipes, wholly or partially submerged, buried or otherwise,
and by means of pumps or otherwise cause such sewage to flow or to be forced
through such conduit or conduits, pipe or pipes to and into any ditch or
canal constructed and operated by any other sanitary district, after having
first acquired the right so to do. Such board may provide for the drainage
of such district by laying out, establishing, constructing and maintaining
one or more channels, drains, ditches and outlets for carrying off and
disposing
of the drainage (including the sewage) of such district, together with such
adjuncts and additions thereto as may be necessary or proper to cause such
channels or outlets to accomplish the end for which they are designed, in
a satisfactory manner, including pumps and pumping
stations and the operation of the same. Such board shall provide suitable
and modernly equipped sewage treatment works or plants for the separation
and treatment of all solids and deleterious matter from the liquids, and
shall treat and purify the residue of such sewage so that when it flows
into any lake, it will not injuriously contaminate the waters thereof. The
board shall adopt any feasible method to accomplish the object for which
such sanitary district may be created, and may also provide means whereby
the sanitary district may reach and procure supplies of water for diluting
and flushing purposes. The board of trustees of any sanitary district formed under this Act may also enter into an agreement to sell, convey, or disburse treated wastewater to any public or private entity located within or outside of the boundaries of the sanitary district. Any use of treated wastewater by any public or private entity shall be subject to the orders of the Pollution Control Board. The agreement may not exceed 20 years.

Nothing set forth in this Section may be construed
to empower, authorize or require such board of trustees to operate a system
of water works for the purpose of furnishing or delivering water to any
such municipality or to the inhabitants thereof without payment therefor
at such rates as the board may determine. Nothing in this Act shall
require a sanitary district to extend service to any individual residence
or other building within the district, and it is the intent of the Illinois
General Assembly that any construction contemplated by this Section shall
be restricted to construction of works and main or interceptor sewers,
conduits, channels and similar facilities, but not individual service
lines. Nothing in this Act contained
authorizes the trustees to flow the sewage of such district into Lake Michigan.
Any such plan for sewage disposal by any sanitary district organized hereunder
is prohibited, unless such sewage has been treated and purified as provided
in this Section, all laws of the Federal government relating to the pollution
of navigable waters have been complied with, the approval of plans and
constructions of outlets and connection with any of the streams or navigable
bodies of water within or bordering upon the State has been obtained from the
Department of Natural Resources of the State. The
discharge
of any sewage from any such district into any of the streams or navigable
bodies of water within or bordering upon the State is subject to the orders
of the Pollution Control Board. Nothing in this Act contained may be construed
as superseding or in any manner limiting the provisions of the Environmental
Protection Act.

After the construction of such sewage disposal plant, if the board finds
that it will promote the prevention of pollution of waters of the State,
such board of trustees may adopt ordinances or rules and regulations,
prohibiting
or regulating the discharge to sewers of inadmissible wastes or substances
toxic to biological wastewater treatment processes. Inadmissible wastes
include those which create a fire or explosion hazard in the sewer or treatment
works; those which will impair the hydraulic capacity of sewer systems;
and those which in any quantity, create a hazard to people, sewer systems,
treatment processes, or receiving waters. Substances that may be toxic to
wastewater treatment processes include copper, chromium, lead, zinc, arsenic,
nickel, barium, cadmium, mercury, selenium, silver, and any poisonous compounds such as cyanide or radioactive wastes
which pass through wastewater treatment plants in hazardous concentrations
and menace users of the receiving waters. Such ordinances or rules and
regulations shall be effective throughout the sanitary district, in the
incorporated areas as well as the
unincorporated areas and all public sewers therein.

(Source: P.A. 100-31, eff. 8-4-17.)

 

(70 ILCS 2305/7.01) (from Ch. 42, par. 283.01)

Sec. 7.01.

In addition to the powers and authority now possessed by it,
the board of trustees of any sanitary district organized under this Act
shall have the power by majority vote:

(a) To use the general funds of the sanitary district to defend,
indemnify and hold harmless, in whole or in part, the board of trustees,
members of the board of trustees, officials and employees of the sanitary
district from financial loss and expenses, including court costs,
investigation costs, actuarial studies, attorneys’ fees and
actual and punitive damages, arising out of any civil proceedings
(including but not limited to proceedings alleging antitrust violations or
the deprivation of civil or constitutional rights), claims, demands or
judgments instituted, made or entered against such board, trustee, official
or employee by reason of its or his wrongful or negligent statements, acts
or omissions, provided that such statements, acts or omissions: (i) occur
while the board, trustee, official or employee is acting in the discharge
of its or his duties and within the scope of employment; and (ii) do not
constitute wilful and wanton misconduct.

(b) (i) To obtain and provide for any or all of the matters and purposes
described in paragraph (a) public officials’ liability, comprehensive
general liability and such other forms of insurance coverage as the board
of trustees shall determine necessary or advisable, any insurance so
obtained and provided to be carried in a company or companies licensed
to write such coverage in this State,
and (ii) to establish and provide for
any or all of the matters and purposes described in paragraph (a) a program
of self-insurance and, in furtherance thereof, to establish and accumulate
reserves for the payment of financial loss and expenses, including court
costs, investigation costs, actuarial studies, attorneys’ fees and actual
and punitive damages associated with liabilities arising out of civil
proceedings, claims, demands or judgments instituted, made or entered as
set forth in paragraph (a), and (iii) in connection with providing for any
or all of the matters and purposes described in paragraph (a) and when
permitted by law to enter into an agreement with any special district, unit
of government, person or corporation for the use of property or the
performance of any function, service or act, to agree to the sharing or
allocation of liabilities and damages resulting from such use of property
or performance of function, service or act, in which event such agreement
may provide for contribution or indemnification by any or all of the
parties to the agreement upon any liability arising out of the performance
of the agreement.

If the board of trustees of any sanitary district organized under this
Act undertakes to provide insurance or to establish a program of
self-insurance and to establish and accumulate reserves for any or all of
the matters and purposes
described in paragraph (a), such reserves shall be established and
accumulated for such matters and purposes subject to the following conditions:

(1) The amount of such reserves shall not exceed the amount necessary
and proper, based on past experience or independent actuarial determinations;

(2) All earnings derived from such reserves shall be considered part of
the reserves and may be used only for the same matters and purposes for
which the reserves may be used;

(3) Reserves may be used only: for the purposes of making payments for
financial loss and expenses, including actual and punitive damages,
attorneys’ fees, court costs, investigation costs and actuarial studies
associated with liabilities arising out of civil proceedings, claims,
demands or judgments instituted, made or entered as set forth in paragraph
(a) in connection with the statements, acts or omissions of the board or of
a trustee, official or employee of the board or the district which
statements, acts or omissions occur while the board, trustee, official or
employee is acting in the discharge of its or his duties
and within the scope of employment and which statements, acts or omissions
do not constitute wilful and wanton misconduct; for payment of insurance
premiums; and for the purposes of making payments for losses resulting from
any insured peril;

(4) All funds collected for the matters and purposes specified in
subparagraph (3) above or earmarked for such matters and purposes must be
placed in the reserves; and

(5) Whenever the reserves have a balance in excess of what is necessary
and proper, then contributions, charges, assessments or other forms of
funding for the reserves shall be appropriately decreased.

(Source: P.A. 85-782.)

 

(70 ILCS 2305/7.1) (from Ch. 42, par. 283.1)

Sec. 7.1.
In providing works for the treatment of industrial sewage,
commonly called industrial wastes, whether the industrial sewage is
disposed of in combination with municipal sewage or independently, the
sanitary district has power to apportion and collect therefore, from the
producer thereof, fair additional construction, maintenance and operating
costs over and above those covered by normal taxes, and in case of dispute
as to the fairness of such additional construction, maintenance and
operating costs, then the same shall be determined by an arbitration board
of 3 engineers, one appointed by the sanitary district, one appointed by
such producer or producers or their legal representatives, and the third to
be appointed by the 2 engineers selected as above described. In the event
the 2 engineers so selected fail to agree upon a third engineer then upon
the petition of either of the parties the circuit judge shall appoint such
third engineer. A decision of a majority of the arbitration board shall be
binding on both parties and the cost of the services of the arbitration
board shall be shared by both parties equally. Such decision is an
administrative decision and is subject to judicial review as provided in
the Administrative Review Law.

In providing works, including the main pipes referred to in Section 7,
for the treatment of raw sewage, in the manner provided in this Act, whether
such sewage is treated in combination with municipal sewage or
independently, the sanitary district has power to collect a fair and
reasonable charge for connection to its system in addition to those charges
covered by normal taxes, for the construction, expansion and extension of
the works of the system, the charge to be assessed against new or
additional users of the system and to be known as a connection charge.
Such construction, expansion and extension of the works of the system
shall include proposed or existing collector systems and may, at the
discretion of such district, include connections by individual properties.
The charge for connection shall be determined by the district and may equal
or exceed the actual cost to the district of the construction, expansion or
extension of the works of the system required by the connection. The
funds thus collected shall be used by the sanitary district for its general
corporate purposes with primary application thereof being made by the
necessary expansion of the works of the system to meet the requirements of
the new users thereof.

(Source: P.A. 98-162, eff. 8-2-13.)

 

(70 ILCS 2305/7.2) (from Ch. 42, par. 283.2)

Sec. 7.2.

Where any sewer system under the jurisdiction of a city, village
or incorporated town is tributary to a sanitary district sewer system, and
the board of trustees of such sanitary district finds that it will conduce
to the public health, comfort or convenience, the board shall have the
power and authority to regulate, limit, extend, deny or otherwise control
any connection to such sewer tributary to the sanitary district sewer
system by any person or municipal corporation regardless of whether the
sewer into which the connection is made is directly under the jurisdiction
of the district or not.

(Source: Laws 1963, p. 2893.)

 

(70 ILCS 2305/7.3) (from Ch. 42, par. 283.3)

Sec. 7.3.

Any district formed hereunder shall have the right to require
that any sewer system, sewage treatment works or sewage treatment facility
constructed in or within 3 miles of the limits of such district which is
tributary thereto and not within the limits of any other sanitary district
be constructed in accordance with the accepted standards and specifications
of such district and shall further have the authority to cause inspection
of the construction of such sewer system, sewage treatment works or sewage
treatment facility to be made to ascertain that it comply with the
standards and specifications of such sanitary district.

(Source: Laws 1963, p. 2893.)

 

(70 ILCS 2305/7.4) (from Ch. 42, par. 283.4)

Sec. 7.4.

The board of trustees of any sanitary district organized under
this Act may require that before any person or municipal corporation
connects to the sewage system of the district the district be permitted to
inspect the drainage lines of a person or municipal corporation to
determine whether they are adequate and suitable for connection to its
sewage system. In addition to the other charges provided for in this Act,
the sanitary district may collect a reasonable charge for this inspection
service. Funds collected as inspection charges shall be used by the
sanitary district for its general corporate purposes after payment of the
costs of making the inspection.

(Source: Laws 1967, p. 2984.)

 

(70 ILCS 2305/7.5) (from Ch. 42, par. 283.5)

Sec. 7.5.

The sanitary district, in addition to other powers
vested in it, is authorized to enter into agreements with any
city, village or incorporated town located partly within and
partly without the territorial limits of the sanitary district
and which has a sewage system to receive and dispose of all
sewage of such city, village or incorporated town collected
by its system; and for such purpose the sanitary district may
extend its drains, ditches or sewers to connect with the sewage
system of such city, village or incorporated town.

(Source: P.A. 85-1136.)

 

(70 ILCS 2305/7.6)

Sec. 7.6. Rates for treatment and disposal of sewage and surface or ground water. The board of trustees shall have the authority by ordinance to establish, revise, and maintain rates or charges for the treatment and disposal of sewage and surface or ground water. Any user charge, industrial waste surcharge, connection fee or connection-related fee, or industrial cost recovery charge imposed by the sanitary district, together with all penalties, interest, and costs imposed in connection therewith, shall be liens against the real estate which receives the service or benefit for which the charges are being imposed; provided, however, such liens shall not attach to such real estate until such charges or rates have become delinquent as provided by the ordinance of the sanitary district and provided further, that nothing in this Section shall be construed to give the sanitary district a preference over the rights of any purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the filing in the office of the recorder of the county in which real estate is located of notice of the lien, which notice shall consist of a sworn statement setting out (1) a description of the real estate for which the service or the benefit was rendered sufficient to identify the real estate, (2) the amount or amounts of money due for such service or benefit, and (3) the date or dates when such amount or amounts became delinquent. The sanitary district shall have the power to foreclose such lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate. The payment of connection fees or connection-related fees by the user or any other interested party is a condition for the continued connection of the real property or any structure thereon. The sanitary district shall have the authority to terminate all connections and service to any real property or structure thereon if any connection fee or connection-related fee is not paid within 60 days from the date such payment is due by the user or any other party that has an interest or subsequently acquires an interest in the property.

The assertion of liens against real estate by the sanitary district to secure payment of user charges, industrial waste surcharges, connection fee or connection-related fee, or industrial cost recovery charges imposed by the sanitary district as indicated in the previous paragraph shall be in addition to any other remedy or right of recovery which the sanitary district may have with respect to the collection or recovery of such charges imposed by the sanitary district. Judgment in a civil action brought by the sanitary district to recover or collect such charges shall not operate as a release and waiver of the lien upon the real estate for the amount of the judgment. Only satisfaction of the judgment or the filing of a release or satisfaction of lien shall release said lien. The lien for charges on account of services or benefits provided for in this Section and the rights created hereunder shall be in addition to the lien upon real estate created by and imposed for general real estate taxes.

(Source: P.A. 101-575, eff. 8-23-19.)

 

(70 ILCS 2305/7.7)

Sec. 7.7. Discharge into sewers of the sanitary district.

(a) As used in this Section:

“Executive director” means the executive director of the sanitary district.

“Industrial wastes” means all solids, liquids, or gaseous wastes resulting from any commercial, industrial, manufacturing, agricultural, trade, or business operation or process, or from the development, recovery, or processing of natural resources.

“Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.

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

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

(b) It shall be unlawful for any person to discharge effluent, gaseous wastes, sewage, industrial wastes, or other wastes into the sewerage system of the sanitary district or into any sewer tributary therewith, except upon the terms and conditions that the sanitary district might reasonably impose by way of ordinance, permit, rule, or regulation.

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

(c) Whenever the sanitary district, acting through the executive director, determines that effluent, gaseous wastes, sewage, industrial wastes, or other wastes are being discharged into the sewerage system and when, in the opinion of the executive director, the discharge is in violation of an ordinance, rules, or regulations adopted by the board of trustees under this Section governing the discharge, the executive director shall order the offending party to cease and desist. The order shall be served by certified mail or personally on the owner, officer, registered agent, or individual designated by permit.

In the event the offending party fails or refuses to discontinue the discharge within 90 days after notification of the cease and desist order, the executive director may order the offending party to show cause before the board of trustees of the sanitary district why the discharge should not be discontinued. A notice shall be served on the offending party directing him, her, or it to show cause before the board of trustees why an order should not be entered directing the discontinuance of the discharge. The notice shall specify the time and place where a hearing will be held and shall be served personally or by registered or certified mail at least 10 days before the hearing; and, in the case of a unit of local government or a corporation, the service shall be upon an officer or agent thereof. After reviewing the evidence, the board of trustees may issue an order to the party responsible for the discharge, directing that within a specified period of time the discharge be discontinued. The board of trustees may also order the party responsible for the discharge to pay a civil penalty in an amount specified by the board of trustees that is not less than $1,000 nor more than $2,000 per day for each day of discharge of effluent, gaseous wastes, sewage, industrial wastes, or other wastes in violation of this Act as provided in subsection (d). The board of trustees may also order the party responsible for the violation to pay court reporter costs and hearing officer fees in an amount not exceeding $3,000.

(d) The board of trustees shall establish procedures for assessing civil penalties and issuing orders under subsection (c) as follows:

• (1) In making its orders and determinations, the board of trustees shall take into consideration all the facts and circumstances bearing on the activities involved and the assessment of civil penalties as shown by the record produced at the hearing.
• (2) The board of trustees shall establish a panel of one or more independent hearing officers to conduct all hearings on the assessment of civil penalties and issuance of orders under subsection (c). All hearing officers shall be attorneys licensed to practice law in this State.
• (3) The board of trustees shall promulgate procedural rules governing the proceedings, the assessment of civil penalties, and the issuance of orders.
• (4) All hearings shall be on the record, and testimony taken must be under oath and recorded stenographically. Transcripts so recorded must be made available to any member of the public or any party to the hearing upon payment of the usual charges for transcripts. At the hearing, the hearing officer may issue, in the name of the board of trustees, notices of hearing requesting the attendance and testimony of witnesses, the production of evidence relevant to any matter involved in the hearing, and may examine witnesses.
• (5) The hearing officer shall conduct a full and impartial hearing on the record, with an opportunity for the presentation of evidence and cross-examination of the witnesses. The hearing officer shall issue findings of fact, conclusions of law, a recommended civil penalty, and an order based solely on the record. The hearing officer may also recommend, as part of the order, that the discharge of effluent, gaseous wastes, sewage, industrial wastes, or other wastes be discontinued within a specified time.
• (6) The findings of fact, conclusions of law, recommended civil penalty, and order shall be transmitted to the board of trustees along with a complete record of the hearing.
• (7) The board of trustees shall either approve or disapprove the findings of fact, conclusions of law, recommended civil penalty, and order. If the findings of fact, conclusions of law, recommended civil penalty, or order are rejected, the board of trustees shall remand the matter to the hearing officer for further proceedings. If the order is accepted by the board of trustees, it shall constitute the final order of the board of trustees.
• (8) The civil penalty specified by the board of trustees shall be paid within 35 days after the party on whom it is imposed receives a written copy of the order of the board of trustees, unless the person or persons to whom the order is issued seeks judicial review.
• (9) If a person seeks judicial review of the order assessing civil penalties, the person shall, within 35 days after the date of the final order, pay the amount of the civil penalties into an escrow account maintained by the sanitary district for that purpose or file a bond guaranteeing payment of the civil penalties if the civil penalties are upheld on review.
• (10) Civil penalties not paid by the times specified above shall be delinquent and subject to a lien recorded against the property of the person ordered to pay the penalty. The foregoing provisions for asserting liens against real estate by the sanitary district shall be in addition to any other remedy or right of recovery that the sanitary district may have with respect to the collection or recovery of penalties and charges imposed by the sanitary district. Judgment in a civil action brought by the sanitary district to recover or collect the charges shall not operate as a release and waiver of the lien upon the real estate for the amount of the judgment. Only satisfaction of the judgment or the filing of a release or satisfaction of lien shall release the lien.

(e) The executive director may order a person to cease the discharge of effluent, gaseous wastes, sewage, industrial wastes, or other wastes upon a finding by the executive director that the final order of the board of trustees entered after a hearing to show cause has been violated. The executive director shall serve the person with a copy of his or her order either by certified mail or personally by serving the owner, officer, registered agent, or individual designated by permit. The order of the executive director shall also schedule an expedited hearing before a hearing officer designated by the board of trustees for the purpose of determining whether the person has violated the final order of the board of trustees. The board of trustees shall adopt rules of procedure governing expedited hearings. In no event shall the hearing be conducted less than 7 days after service of the executive director’s order.

At the conclusion of the expedited hearing, the hearing officer shall prepare a report with his or her findings and recommendations and transmit it to the board of trustees. If the board of trustees, after reviewing the findings and recommendations, and the record produced at the hearing, determines that the person has violated the board of trustees’ final order, the board of trustees may authorize the disconnection of the sewer or direct the water supplier to terminate service. The executive director shall give not less than 10 days’ written notice of the board of trustees’ order to the owner, officer, registered agent, or individual designated by permit, as well as the owner of record of the real estate and other parties known to be affected, that the sewer will be disconnected or water service will be terminated.

The foregoing provision for disconnecting a sewer or terminating water service shall be in addition to any other remedy that the sanitary district may have to prevent violation of its ordinances and orders of its board of trustees.

(f) A violation of the final order of the board of trustees shall be considered a nuisance. If any person discharges effluent, gaseous wastes, sewage, industrial wastes, or other wastes into any waters contrary to the final order of the board of trustees, the sanitary district, acting through the executive director, has the power to commence an action or proceeding in the circuit court in and for the county in which the sanitary district is located for the purpose of having the discharge stopped either by mandamus or injunction, or to remedy the violation in any manner provided for in this Section.

The court shall specify a time, not exceeding 20 days after the service of the copy of the complaint, in which the party complained of must plead to the complaint, and in the meantime, the party may be restrained. In case of default or after pleading, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate judgment in respect to the matters complained of. Appeals may be taken as in other civil cases.

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

(h) Whenever the sanitary district commences an action under subsection (f) of this Section, the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the person violates the board of trustees’ order. Whenever the sanitary district commences an action under subsection (g) of this Section, the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the person violates the ordinance. Each day’s continuance of the violation is a separate offense. The penalties provided in this Section plus interest at the rate set forth in the Interest Act on unpaid penalties, costs, and fees, imposed by the board of trustees under subsection (d); the reasonable costs to the sanitary district of removal or other remedial action caused by discharges in violation of this Act; reasonable attorney’s fees; court costs; other expenses of litigation; and costs for inspection, sampling, analysis, and administration related to the enforcement action against the offending party are recoverable by the sanitary district in a civil action.

(i) The board of trustees may establish fees for late filing of reports with the sanitary district required by an ordinance governing discharges. The sanitary district shall provide by certified mail a written notice of the fee assessment that states the person has 30 days after the receipt of the notice to request a conference with the executive director’s designee to discuss or dispute the appropriateness of the assessed fee. Unless a person objects to paying the fee for filing a report late by timely requesting in writing a conference with a designee of the executive director, that person waives his or her right to a conference and the sanitary district may impose a lien recorded against the property of the person for the amount of the unpaid fee.

If a person requests a conference and the matter is not resolved at the conference, the person subject to the fee may request an administrative hearing before an impartial hearing officer appointed under subsection (d) to determine the person’s liability for and the amount of the fee.
If the hearing officer finds that the late filing fees are owed to the sanitary district, the sanitary district shall notify the responsible person or persons of the hearing officer’s decision. If payment is not made within 30 days after the notice, the sanitary district may impose a lien on the property of the person or persons.

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

(j) To be effective service under this Section, a demand or order sent by certified or registered mail to the last known address need not be received by the offending party. Service of the demand or order by registered or certified mail shall be deemed effective upon deposit in the United States mail with proper postage prepaid and addressed as provided in this Section.

(k) The provisions of the Administrative Review Law and all amendments and rules adopted pursuant to that Law apply to and govern all proceedings for the judicial review of final administrative decisions of the board of trustees in the enforcement of any ordinance, rule, or regulation adopted under this Act. The cost of preparing the record on appeal shall be paid by the person seeking a review of an order or action pursuant to the Administrative Review Law.

(l) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 99-669, eff. 7-29-16; 100-31, eff. 8-4-17.)

 

(70 ILCS 2305/7.8)

Sec. 7.8. Nutrient trading.

(a) The sanitary district may participate in any available nutrient trading program in the State for meeting water quality standards.

(b) The authorization granted to the sanitary district under this Section shall not be construed as modifying or limiting any other law or rule. Any actions taken pursuant to this Section must be in compliance with all applicable laws and rules, including, but not limited to, the Environmental Protection Act and rules adopted under that Act.

(c) If the sanitary district participates in a nutrient trading program under subsection (a), the sanitary district shall give preference to trading investments: (i) that will benefit low-income or rural communities; and (ii) where local water quality improvements can be realized.

(Source: P.A. 101-575, eff. 8-23-19.)

 

(70 ILCS 2305/8) (from Ch. 42, par. 284)

Sec. 8.
Such sanitary district may acquire by purchase, condemnation,
or otherwise any and all real and personal property, right of way and
privilege, either within or without its corporate limits that may be
required for its corporate purposes; and in case any district formed
hereunder shall be unable to agree with any other sanitary district upon
the terms under which it shall be permitted to use the drains, channels
or ditches of such other sanitary district, the right to use the same
may be required by condemnation in the circuit court
by proceedings in the manner, as near as may be, as is provided in Section
4-17 of the Illinois Drainage Code.
The compensation to be paid for such use may be a gross sum, or it may
be in the form of an annual rental, to be paid in yearly installments as
and in the manner provided by the judgment of the court
wherein such proceedings may be had. Provided, all moneys for the
purchase and condemnation of any property shall be paid before
possession is taken, or any work done on the premises damaged by the
construction of such channel or outlet, and in case of an appeal from
the Circuit Court taken by either party whereby the amount of damages is
not finally determined, then possession may be taken, provided that the
amount of judgment in such court shall be deposited at some bank or savings
and loan association to be
designated by the judge thereof subject to the payment of such damages
on orders signed by such judge, whenever the amount of damages is
finally determined; and when no longer required for such purposes, to
sell, convey, vacate and release the same.

(Source: P.A. 100-201, eff. 8-18-17.)

 

(70 ILCS 2305/8.05)

Sec. 8.05. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

 

(70 ILCS 2305/8.1) (from Ch. 42, par. 284.1)

Sec. 8.1. Every such sanitary district shall also have the power to lease
to others for any period of time, not exceeding 50 years, upon such terms
as its board of trustees may determine, any real estate, right-of-way, or
privilege, or any interest therein, or any part thereof, acquired by it
which is in the opinion of the board of trustees of such sanitary district,
no longer required for its corporate purposes or which may not be
immediately needed for such purposes, and such leases may contain such
conditions and retain such interests therein as may be deemed for the best
interest of such sanitary district by such board of trustees; also any such
sanitary district shall have the right to grant easements and permits for
the use of any such real property, right-of-way, or privilege, which will
not in the opinion of the board of trustees of such sanitary district,
interfere with the use thereof by such sanitary district for its corporate
purposes, and such easements and permits may contain such conditions and
retain such interests therein as may be deemed for the best interests of
such sanitary district by such board of trustees.

(Source: P.A. 101-128, eff. 7-26-19.)

 

(70 ILCS 2305/9) (from Ch. 42, par. 285)

Sec. 9.
The corporation may borrow money for corporate purposes and
may issue bonds therefor, but shall not become indebted, in any manner,
or for any purpose, to an amount in the aggregate to exceed 4.50% on the
valuation of taxable property therein, to be ascertained by the last
assessment for state and county taxes previous to the incurring of such
indebtedness or, until January 1, 1983, if greater, the sum that is
produced by multiplying the district’s 1978 equalized assessed valuation
by the debt limitation percentage in effect on January 1, 1979.
Whenever the board of trustees of such district desires to issue bonds
hereunder they shall certify the question to the proper election officials
who shall submit the question at an election to be held in such
district in accordance with the general election law. In addition
to the requirements of the general election
law, the notice of election shall state the amount of bonds to
be issued. The result of the election shall be
entered upon the records of the district. If it shall appear that a
majority of the voters voting at the election on the question shall have
voted in favor of the issue of the bonds, the board of trustees shall
order and direct the execution of the bonds for and on behalf of the
district. All bonds issued hereunder shall mature in not exceeding 20
annual installments. The question
shall be in substantially the following form:

————————————————————–

Proposition to issue bonds YES

of….. district to the ——————————–

amount of….. dollars. NO

————————————————————–

Provided that the corporation may borrow money for corporate
purposes, and may issue bonds therefor, without holding an election or
referendum upon the question, if the corporation or the board of
trustees thereof has been directed by an order issued by the circuit
court or by an administrative agency of the State of Illinois having
jurisdiction to issue such order, to abate its discharge of untreated or
inadequately treated sewage, and such borrowing is deemed necessary by
the board of trustees of the Sanitary District to make possible
compliance with such order. The amount of money that the corporation
may borrow to abate such sewage discharge shall be limited to that
required for that purpose plus such reasonable future expansion as shall
be approved by the court or an administrative agency of the State of
Illinois having jurisdiction. The ordinance providing for such bonds
shall set out the fact that such bonds are deemed necessary to make
possible compliance with the order, and shall be published or posted in
the manner provided in this Act for publication or posting of ordinances
making appropriations. The ordinance shall be in full force and effect
after its adoption and publication or posting, as herein provided,
notwithstanding any provision in this Act or any other law to the
contrary.

(Source: P.A. 98-162, eff. 8-2-13.)

 

(70 ILCS 2305/9.1) (from Ch. 42, par. 285.1)

Sec. 9.1.

All bonds issued pursuant to this Act shall bear interest
at a rate or rates not exceeding that permitted by “An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and
tax anticipation warrants subject to interest rate limitations set forth
therein”, approved May 26, 1970, as amended.

(Source: P.A. 83-591.)

 

(70 ILCS 2305/10) (from Ch. 42, par. 286)

Sec. 10.

At the time or before incurring any indebtedness, the board of
trustees shall provide for the collection of a direct annual tax sufficient
to pay the interest on such debt as it falls due, and also to pay and
discharge the principal thereof as the same shall fall due, and at least
within twenty years from the time of contracting the same.

(Source: Laws 1911, p. 299.)

 

(70 ILCS 2305/11) (from Ch. 42, par. 287)

Sec. 11. Except as otherwise provided in this Section, all contracts
for purchases or sales by the municipality, the expense of which will exceed
the mandatory competitive bid threshold, shall be let to the
lowest responsible bidder therefor upon not less
than 14 days’ public notice of the terms and conditions upon which the contract
is to be let, having been given by publication in a newspaper of general
circulation published in the district, and the board may reject any and all
bids and readvertise. In determining the lowest responsible bidder, the board
shall take into consideration the qualities and serviceability of the articles
supplied, their conformity with specifications, their suitability to the
requirements of the district, the availability of support services, the
uniqueness of the service, materials, equipment, or supplies as it applies to
network integrated computer systems, the compatibility of the service,
materials, equipment or supplies with existing equipment, and the delivery
terms. Contracts for services in excess of the mandatory competitive bid
threshold may, subject to the
provisions of this Section, be let by competitive bidding at the discretion of
the district board of trustees. All contracts for purchases or sales that
will not exceed the mandatory competitive bid threshold may be made in the open market without publication in a
newspaper as above provided, but whenever practical shall be based on at least
3 competitive bids. For purposes of this Section, the “mandatory competitive
bid threshold”
is a dollar amount equal to 0.1% of the total general fixed
assets of the district as reported in the most recent required audit report.
In
no event, however, shall the mandatory competitive bid threshold dollar amount
be less than $10,000, nor more than $40,000.

Cash, a cashier’s check, a
certified check, or a bid
bond with adequate surety approved by the board of trustees as a deposit of
good faith, in a reasonable amount, but not in excess of 10% of the contract
amount, may be required of each bidder by the district on all bids involving
amounts in excess of the mandatory competitive bid threshold and, if so
required, the advertisement for bids shall so specify.

Contracts which by their nature are not adapted to award by competitive
bidding, including, without limitation, contracts for the services of
individuals, groups or firms possessing a high degree of professional skill
where the ability or fitness of the individual or organization plays an
important part, contracts for financial management services undertaken
pursuant to “An Act relating to certain investments of public funds by
public agencies”, approved July 23, 1943, as now or hereafter amended,
contracts for the purchase or sale of utilities, contracts for commodities including supply contracts for natural gas and electricity, contracts for materials
economically procurable only from a single source of supply, contracts for services, supplies, materials, parts, or equipment which are available only from a single source or contracts for maintenance, repairs, OEM supplies, or OEM parts from the manufacturer or from a source authorized by the manufacturer, contracts for
the use, purchase, delivery, movement, or installation of
data processing equipment, software, or services and telecommunications and
interconnect equipment, software, or services, contracts for duplicating
machines and supplies, contracts for goods or services procured from another
governmental agency, purchases of equipment previously owned by an entity
other than the district itself, purchases of used equipment, purchases at auction or similar transactions which by their very nature are not suitable to competitive bids, and leases of real property where the sanitary
district is the lessee shall not be subject to the competitive bidding
requirements of this Section.

The District may use a design-build procurement method for any public project which shall not be subject to the competitive bidding requirements of this Section provided the Board of Trustees approves the contract for the public project by a vote of 4 of the 5 trustees. For the purposes of this Section, “design-build” means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying and related services as required, and the labor, materials, equipment, and other construction services for the project.

In the case of an emergency affecting the public health or safety so declared
by the Board of Trustees of the municipality at a meeting thereof
duly convened, which declaration shall require the affirmative vote of four
of the five Trustees, and shall set forth the nature of the
danger to the public health or safety, contracts totaling not more than the
emergency contract cap
may be let to the extent necessary to
resolve such emergency
without public advertisement or competitive bidding.
For purposes of this Section, the dollar amount of an emergency contract shall not be less than $40,000,
nor more than $500,000.
The Resolution
or Ordinance in which such declaration is embodied shall fix the date upon
which such emergency shall terminate which date may be extended or abridged
by the Board of Trustees as in their judgment the circumstances require. A
full written account of any such emergency, together with a requisition for the
materials, supplies, labor or equipment required therefor shall be submitted
immediately upon completion and shall be open to public inspection for a
period of at least one year subsequent to the date of such emergency purchase.

To address operating emergencies not affecting the public health or safety,
the
Board of Trustees shall authorize, in writing, officials or employees of the
sanitary
district to purchase in the open market and without advertisement any supplies,
materials,
equipment, or services for immediate delivery to meet the bona fide operating
emergency, without filing a requisition or estimate therefor, in an amount not
in excess of
$100,000; provided that the Board of Trustees must be notified of the operating
emergency. A full, written account of each operating emergency and a
requisition for the
materials, supplies, equipment, and services required to meet the operating
emergency
must be immediately submitted by the officials or employees authorized to make
purchases to the
Board of
Trustees. The account must be available for public inspection for a period of
at least one
year after the date of the operating emergency purchase. The exercise of
authority with
respect to purchases for a bona fide operating emergency is not dependent on a
declaration of an operating emergency by the Board of Trustees.

The competitive bidding requirements of this Section do not apply to contracts, including contracts for both materials and services incidental thereto, for the repair or replacement of a sanitary district’s treatment plant, sewers, equipment, or facilities damaged or destroyed as the result of a sudden or unexpected occurrence, including, but not limited to, a flood, fire, tornado, earthquake, storm, or other natural or man-made disaster, if the board of trustees determines in writing that the awarding of those contracts without competitive bidding is reasonably necessary for the sanitary district to maintain compliance with a permit issued under the National Pollution Discharge Elimination System (NPDES) or any successor system or with any outstanding order relating to that compliance issued by the United States Environmental Protection Agency, the Illinois Environmental Protection Agency, or the Illinois Pollution Control Board. The authority to issue contracts without competitive bidding
pursuant to this paragraph expires 6 months after the date of the
writing determining that the awarding of contracts without competitive bidding is reasonably necessary.

No Trustee shall be interested, directly or indirectly, in any contract,
work or business of the municipality, or in the sale of any article, whenever
the expense, price or consideration of the contract work, business or sale is
paid either from the treasury or by any assessment levied by any Statute or
Ordinance. No Trustee shall be interested, directly or indirectly, in the
purchase of any property which (1) belongs to the municipality, or (2) is sold
for taxes or assessments of the municipality, or (3) is sold by virtue of legal
process in the suit of the municipality.

A contract for any work or other public improvement, to be paid for in
whole or in part by special assessment or special taxation, shall be entered
into and the
performance thereof controlled by the provisions of Division 2 of
Article 9 of the “Illinois Municipal Code”, approved May 29, 1961, as
heretofore or hereafter amended, as near as may be. However, contracts
may be let for making proper and suitable connections between the mains
and outlets of the respective sanitary sewers in the district with any
conduit, conduits, main pipe or pipes that may be constructed by such
sanitary district.

(Source: P.A. 101-575, eff. 8-23-19.)

 

(70 ILCS 2305/11.1) (from Ch. 42, par. 287.1)

Sec. 11.1.

Purchases made pursuant to this Act shall be made in
compliance with the “Local Government Prompt Payment Act”, approved by the
Eighty-fourth General Assembly.

(Source: P.A. 84-731.)

 

(70 ILCS 2305/11.2) (from Ch. 42, par. 287.2)

Sec. 11.2.

It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or any other
Illinois statute to the district may be exercised by the district
notwithstanding effects on competition. It is the intention of the General
Assembly that the “state action exemption” to the application of federal
antitrust statutes be fully available to the district to the extent its
activities are authorized by law as stated herein.

(Source: P.A. 85-1136.)

 

(70 ILCS 2305/12) (from Ch. 42, par. 288)

Sec. 12.
The board of trustees may levy and collect other taxes for
corporate
purposes upon property within the territorial limits of the sanitary
district, the aggregate amount of which for each year may not exceed
.083% of value, as equalized or assessed by the Department of Revenue, except
that if a higher rate has been established by
referendum before August 2, 1965, it shall continue. If the board
desires to levy such taxes at a rate in excess of .083% but not in
excess of .35% of the value of all taxable property within the district
as equalized or assessed by the Department of Revenue,
they shall order the question to be submitted at an election to be held
within the district. The certification and submission of the question and
the election shall be governed by the general election law. Upon the filing
of a petition signed by 10% of the registered voters
of the district, the right to levy an additional tax, or any portion
thereof, authorized by the legal voters, may at any time after one or
more tax levies thereunder, be terminated by a majority vote of the
electors of the district at a referendum. The trustees of the district shall
certify
the proposition to the proper election officials, who shall submit
the proposition at an election in accordance with the general election law.

In addition to the other taxes authorized by this Section, the board
of trustees may levy and collect, without referendum, a tax for the
purpose of paying the cost of operation of the chlorination of sewage,
or other means of disinfection or additional treatment as may be
required by water quality standards approved or adopted by the Pollution
Control Board or by the court, which tax is not subject to the rate
limitations imposed by this Section but may be extended at a rate not to
exceed .03% of the value of all taxable property within the district as
equalized or assessed by the Department of Revenue.

Such tax may be extended at a rate in excess of .03% but not to
exceed .05%, providing the question of levying such increase has first
been submitted to the voters of such district at any regular
election held in such district in accordance with the general election law
and has been approved by a majority of
such voters voting thereon.

The board shall cause the amount required to be raised by taxation in
each year to be certified to the county clerk as provided in Section 8-15 of the Property Tax Code. All taxes so levied and certified shall be collected and
enforced in the same manner and by the same officers as State and county
taxes, and shall be paid over by the officers collecting the same to the
treasurer of the sanitary district in the manner and at the time
provided by the General Revenue Law of Illinois.

The treasurer shall, when the moneys of the district are deposited
with any bank or savings and loan association,
require that bank or savings and loan association
to pay the same rates of interest for the moneys deposited as the bank
or savings and loan association is accustomed to
pay to depositors under like
circumstances, in the usual course of its business. All interest so paid
shall be placed in the general funds of the district, to be used as
other moneys belonging to the district raised by general taxation or
sale of water.

No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of “An Act relating to certain investments
of public funds by public agencies”, approved July 23, 1943, as now or hereafter
amended.

In addition to the foregoing, the Board of Trustees shall have all of
the powers set forth in Division 7 of Article 8 of the Illinois Municipal
Code until September 10, 1986.

(Source: P.A. 96-49, eff. 1-1-10.)

 

(70 ILCS 2305/13) (from Ch. 42, par. 289)

Sec. 13.

Every such district is authorized to construct, maintain, alter
and extend its sewers, channels, ditches and drains, as a proper use of
highways along, upon, under and across any highway, street, alley or public
ground in the state, but so as not to incommode the public use thereof, and
the right and authority are hereby granted to any such district to
construct, maintain and operate any conduit or conduits, main pipe or
pipes, wholly or partially submerged, buried or otherwise, in, upon and
along any of the lands owned by said state under any of the public waters
therein: Provided, that the extent and location of the lands and waters so
to be used and appropriated shall be approved by the Governor of said State
of Illinois, upon application duly made to him asking for such approval:
And, provided further, that the rights, permission and authority hereby
granted shall be subject to all public right of commerce and navigation,
and to the authority of the United States in behalf of such public rights,
and also to the right of said State of Illinois to regulate and control
fishing in said public waters.

(Source: Laws 1911, p. 299.)

 

(70 ILCS 2305/14) (from Ch. 42, par. 290)

Sec. 14.

Whenever there shall be located within the bounds of any such
sanitary district organized under the provisions of this act, any United
States military post, reservation or station, or any naval station, the
said board of trustees of such district are hereby authorized to enter into
contracts or agreements with the War Department, or other proper
authorities of the United States, permitting them to connect with any such
conduit or conduits, main pipe or pipes, and discharge the drainage, sewage
or other impure or contaminated liquids therein.

(Source: Laws 1913, p. 303.)

 

(70 ILCS 2305/15) (from Ch. 42, par. 291)

Sec. 15. Whenever the board of trustees of any sanitary district shall pass
an ordinance for the making of any improvement which such district is
authorized to make, the making of which will require that private property
should be taken or damaged, such district may cause compensation therefor
to be ascertained, and condemn and acquire possession thereof in the same
manner as nearly as may be as is provided for the exercise of the right
of eminent domain under the Eminent Domain Act: Provided, however, that proceedings
to ascertain the compensation
to be paid for taking or damaging private property shall in all cases, be
instituted in the county where the property sought to be taken or damaged
is situated; and provided, that all damages to property, whether determined
by agreement or by final judgment of court, shall be paid prior to the
payment of any other debt or obligation.

(Source: P.A. 94-1055, eff. 1-1-07.)

 

(70 ILCS 2305/16) (from Ch. 42, par. 292)

Sec. 16.

When, in making any improvements which any district is authorized
by this act to make, it shall be necessary to enter upon and take
possession of any existing drains, sewers, sewer outlets, plants for the
purification of sewage or water, or any other public property, or property
held for public use, the board of trustees of such district shall have the
power so to do and may acquire the necessary right of way over any other
property held for public use in the same manner as is herein provided for
acquiring private property, and may enter upon, and use the same for the
purposes aforesaid: Provided, the public use thereof shall not be
unnecessarily interrupted or interfered with, and that the same shall be
restored to its former usefulness as soon as practicable.

(Source: Laws 1911, p. 299.)

 

(70 ILCS 2305/17) (from Ch. 42, par. 293)

Sec. 17.

The board of trustees of any such sanitary district are hereby
vested with power and authority to enter into contract with any city or
village for the reduction, treatment and disposal of any garbage or offal,
or solid matter removed from sewage at any disposal plant or treatment
works.

(Source: Laws 1919, p. 461.)

 

(70 ILCS 2305/18) (from Ch. 42, par. 294)

Sec. 18.

Any district formed hereunder shall have the right to permit
territory lying outside its limits whether within any other sanitary
district or not to drain into and use any channel or drain made by it, upon
such payments, terms and conditions as may be mutually agreed upon, and any
district formed hereunder is hereby given full power and authority to
contract for the right to use any drain or channel which may be made by any
other sanitary district, upon such terms as may be mutually agreed upon,
and to raise the money called for by any such contract in the same way and
to the same extent as such district is authorized to raise money for any
other corporate purposes.

(Source: Laws 1911, p. 299.)

 

(70 ILCS 2305/18.5)

Sec. 18.5. Contracts. The sanitary district may enter into contracts with municipalities or other parties outside the sanitary district that may request service from the sanitary district at higher rates than the existing rates for like consumers within the sanitary district to allow the sanitary district to obtain a fair return to cover the costs of financing, constructing, operating, and maintaining its facilities. In the event that thereafter such rates are not agreed upon by the parties or are not otherwise provided for by contract, such rates shall be fixed and determined by the circuit court of Lake County after a petition has been filed with that court.

(Source: P.A. 99-669, eff. 7-29-16.)

 

(70 ILCS 2305/19) (from Ch. 42, par. 295)

Sec. 19.

Whenever within any such sanitary district there shall be a city,
incorporated town or village, which owns a system of waterworks and
supplies water from a lake or other source which will be saved and
preserved from sewage pollution, or other contamination, by the board of
trustees of such district in the exercise of the powers and authority by
this Act conferred, and there shall be in such sanitary district any city,
incorporated town or village, which does not own or operate any system of
water works, at the time of the creation of such sanitary district, then
the board of trustees of such sanitary district shall have and they are
hereby vested with the same power and authority conferred upon the board of
trustees of any district organized, or that might be organized, under an
Act entitled, “An Act in relation to public water districts”, approved
July 25, 1945, as amended.
And said board of trustees of said sanitary district may exercise such
power and authority as and in the manner provided by such Act.
Said board of trustees of such sanitary district are also hereby authorized
and empowered to take a lease from any such city of any public utilities
specified in section 11-117-2 of the “Illinois Municipal Code”, approved
May 29, 1961, as amended.

(Source: P.A. 83-333.)

 

(70 ILCS 2305/19.1) (from Ch. 42, par. 295.1)

Sec. 19.1.
Acquiring district or municipal treatment works.

(a) After incorporation, any district organized under this Act may, in
accordance with this Act and an intergovernmental agreement with the sanitary
district being acquired or the municipality from whom the treatment works and
lines are to be acquired, acquire the territory, treatment works, lines,
appurtenances, and other property of (i) any sanitary district organized under
this Act, the Sanitary District Act of 1907, the Sanitary District Act of 1917,
the Sanitary District Act of 1936, or the Metro-East Sanitary District Act of
1974 or (ii) any municipality whose treatment works were established under the
Illinois Municipal Code or the Municipal Wastewater Disposal Zones Act,
regardless of whether that district or municipality is contiguous to the
acquiring sanitary district. The distance between the sanitary district being
acquired or municipality and the acquiring sanitary district, however, as
measured between the points on their corporate boundaries that are nearest to
each other, shall not exceed 20 miles. In the case of a municipality, only that
property used by the municipality for transport, treatment, and discharge of
wastewater and for disposal of sewage sludge shall be transferred to the
acquiring sanitary district.

(b) The board of trustees of the sanitary district being acquired, or
the corporate authorities of a municipality whose treatment works is being
acquired, shall, jointly with the board of trustees of the acquiring sanitary
district, petition the circuit court of the county containing all or the larger
portion of the sanitary district being acquired or the municipality to permit
the acquisition. The petition shall show the following:

• (1) The reason for the acquisition.
• (2) That there are no debts of the sanitary district being acquired or municipality outstanding, or that there are sufficient funds on hand or available to satisfy those debts.
• (3) That no contract or federal or State permit or grant will be impaired by the acquisition.
• (4) That all assets and responsibilities of the sanitary district being acquired or municipality, as they relate to wastewater treatment, have been properly assigned to the acquiring sanitary district.
• (5) That the acquiring sanitary district will pay any court costs incurred in connection with the petition.
• (6) The boundaries of the acquired sanitary district or municipality as of the date of the petition.

(c) Upon adequate notice, including appropriate notice to the Illinois
Environmental Protection Agency, the circuit court shall hold a hearing to
determine whether there is good cause for the acquisition by the acquiring
district and whether the allegations of the petition are true. If the court
finds that there is good cause and that the allegations are true, it shall
order the acquisition to proceed. If the court finds that there is not good
cause for the acquisition or that the allegations of the petition are not true,
the court shall dismiss the petition. In either event, the costs shall be taxed
against the acquiring sanitary district. The order shall be final. Separate or
joint appeals may be taken by any party affected by the order as in other civil
cases.

(d) If the court orders the acquisition contemplated in the petition,
there shall be no further appointments of trustees if the acquired agency
is a sanitary district. The trustees of the acquired sanitary district acting
at the time of the order shall close up the business affairs of the sanitary
district and make the necessary conveyances of title to the sanitary district
property in accordance with the intergovernmental agreement between the
acquiring and acquired sanitary districts. In the case of a municipality, the
governing body of the municipality shall make the necessary conveyances of
title to municipal property to the acquiring sanitary district in accordance
with the intergovernmental agreement between the municipality and the acquiring
sanitary district. The acquiring sanitary district’s ordinances shall take
effect in the acquired territory upon entry of the order.

(e) The acquisition of any sanitary district by another sanitary
district or the acquisition of a treatment works from a municipality by
another sanitary district shall not affect the obligation of any bonds
issued or contracts entered into by the acquired sanitary district or
the municipality, nor invalidate the levy, extension, or collection of any
taxes or special assessments upon a property in the acquired sanitary district,
but all those bonds and contracts shall be discharged. The general obligation
indebtedness of the acquired sanitary district shall be paid from the proceeds
of continuing taxes and special assessments as provided in this Act.

All money remaining after the business affairs of the acquired sanitary
district or acquired treatment works of the municipality have been closed up
and all debts and obligations of the entities paid shall be paid to the
acquiring sanitary district in accordance with the intergovernmental agreement
between the parties.

(f) The board of trustees of the acquiring sanitary district required to
provide sewer service under this Act may levy and collect, for that purpose, a
tax on the taxable property within that district. The aggregate amount of the
tax shall be as provided in this Act.

(g) Any intergovernmental agreement entered into by the parties
under this Section shall provide for the imposition or continuance of a
user charge system in accordance with the acquiring district’s ordinance,
the Illinois Environmental Protection Act, and the federal Clean Water Act.

(h) All courts shall take judicial notice of the acquisition of the
sanitary district being acquired or municipal treatment works by the acquiring
sanitary district.

(Source: P.A. 87-1060.)

 

(70 ILCS 2305/20) (from Ch. 42, par. 296)

Sec. 20.
(a) The board of trustees of any such sanitary district shall have
power and authority to prevent the pollution of any waters from which a
water supply may be obtained by any city, town or village within said
district, and shall have the right and power to appoint and support a
sufficient police force, the members of which may have and exercise police
powers over the territory within such drainage district, and over the
waters from which said water supply may be obtained, for a distance of
three miles from the shore thereof, for the purpose of preventing the
pollution of said waters, and any interference with any of the property of
such drainage district; but such police officers when acting within the
limits of any such city, town or village, shall act in aid of the regular
police force thereof, and shall then be subject to the direction of its
chief of police, city or village marshals or other head thereof: Provided,
that in so doing they shall not be prevented or hindered from executing the
orders and authority of said board of trustees of such drainage district:
Provided, further, that before compelling a change in any method of
disposal of sewage so as to prevent the said pollution of any water, the
board of trustees of such district shall first provide some other method of
sewage treatment.

(b) The board of trustees of any sanitary district organized under
this Act is authorized to apply to the circuit court for injunctive relief
or mandamus when, in the opinion of the board of trustees, such relief is
necessary to prevent the pollution of any waters from which a water supply
may be obtained by any municipality within the district.

(c) The sanitary district shall have the power and authority to
prevent the pollution of any waters
from which a water supply may be obtained by any city, town or village.
The sanitary district, acting through the chief administrative officer of
such sanitary district, shall have the power to commence an action or
proceeding in the circuit court in and for the county in which the district
is located for the purpose of having the pollution stopped and prevented
either by mandamus or injunction. The court shall specify a time, not
exceeding 20 days after the service of the copy of the petition, in which
the party complained of must answer the petition, and in the meantime, the
party be restrained. In case of default in answer or after answer, the
court shall immediately inquire into the facts and circumstances of the
case and enter an appropriate order in respect to the matters
complained of. An appeal may be taken in the same
manner and with the same effect as appeals are taken
in other actions for mandamus or injunction.

(Source: P.A. 98-162, eff. 8-2-13.)

 

(70 ILCS 2305/21) (from Ch. 42, par. 296.1)

Sec. 21.

The board of trustees has the power to build and construct and to
defray the cost and expenses of the construction of drains, sewers, or
laterals, or drains and sewers and laterals and other necessary adjuncts
thereto, including pumps and pumping stations, made by it in the execution
or in furtherance of the powers heretofore granted to the sanitary district
by special assessment or by general taxation or partly by special
assessment and partly by general taxation, as they shall by ordinance
prescribe. It shall constitute no objection to any special assessment that
the improvement for which the same is levied is partly outside the limits
of such sanitary district, but no special assessment shall be made upon
property situated outside of such sanitary district, and in no case shall
any property be assessed more than it will be benefited by the improvement
for which the assessment is levied. The procedure in making improvements by
special assessment shall be the same as nearly as may be as is prescribed
in Divisions 1 and 2 of Article 9 and Division 87 of Article 11 of the
“Illinois Municipal Code”, approved May 29, 1961, as heretofore or
hereafter amended. The functions and duties of the “City Council”, the
“Council”, the “Board of Trustees” and the “Board of Local Improvements”
under said Code shall be assumed and discharged by the board of trustees of
the sanitary district; and the duties of the officers designated in said
Divisions of the Illinois Municipal Code as mayor of the city or president
of the village or incorporated town or president of the Board of Local
Improvements, shall be assumed and discharged by the President of the board
of trustees of the sanitary district. Likewise, the duties of other
municipal officers designated in said Code shall be performed by similar
officers of the sanitary district.

(Source: Laws 1963, p. 877.)

 

(70 ILCS 2305/22) (from Ch. 42, par. 296.2)

Sec. 22.

When any special assessment is made under this Act, the ordinance
authorizing such assessment may provide that the entire assessment and each
individual assessment be divided into annual installments, not more than
twenty in number. In all cases such division shall be made so that all
installments shall be equal in amount, except that all fractional amounts
shall be added to the first installment so as to leave the remaining
installments of the aggregate equal in amount and each a multiple of $100.
The said several installments shall bear interest at a rate not to exceed
that permitted for public corporation bonds under “An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and
tax anticipation warrants subject to interest rate limitations
set forth therein”, approved May 26, 1970, as now or hereafter amended,
except that for the purposes of this Section, “the time the contract is
made” shall mean the date of adoption of the original ordinance authorizing
the assessment; both principal and interest shall be payable,
collected and enforced as they shall become due in the manner provided for
the levy, payment, collection and enforcement of such assessments and
interest, as provided in Divisions 1 and 2 of Article 9 and Division 87 of
Article 11 of the “Illinois Municipal Code”, approved May 29, 1961, as
heretofore or hereafter amended.

(Source: P.A. 83-1525.)

 

(70 ILCS 2305/23) (from Ch. 42, par. 296.3)

Sec. 23.

Whenever any ordinance providing for any improvement shall in
pursuance of authority conferred in this Act provide for the payment of the
same, either in whole or in part, by special assessment, said board of
trustees may issue bonds to anticipate the collection of the second and
succeeding installments of said assessments payable only out of such
assessment when collected and bearing interest at the same rate as provided
upon the installments of such assessments. Said bonds shall be issued and
subject to call and retirement in the same manner as provided in Divisions
1 and 2 of Article 9 and Division 87 of Article 11 of the “Illinois
Municipal Code”, approved May 29, 1961, as heretofore or hereafter
amended.

(Source: Laws 1963, p. 877.)

 

(70 ILCS 2305/23a) (from Ch. 42, par. 296.3a)

Sec. 23a.

Any sanitary district having any undistributed or unclaimed money
received from the making of any local improvement paid for wholly or in
part by special assessment, after complying with all the provisions for the
distribution of such rebates or refunds as prescribed in Division 2 of
Article 9 of the “Illinois Municipal Code”, approved May 29, 1961, as
amended, may dispose of such unclaimed rebates or refunds as is
prescribed by Sections 9-1-5 through 9-1-14, inclusive, of the “Illinois
Municipal Code”, approved May 29, 1961, as amended.

(Source: Laws 1963, p. 2897.)

 

(70 ILCS 2305/24) (from Ch. 42, par. 296.4)

Sec. 24.

Whenever the board of trustees of any sanitary district organized
under this Act shall pass an ordinance for the making of any improvement
authorized by this Act and shall provide that the same shall be paid for by
special assessment, as provided in Section 21 of this Act, as amended,
the making of which will require the taking or damaging of property, the
proceeding for the taking, or damaging of property and for making just
compensation therefor shall be as described in Divisions 1 and 2 of Article
9 and Division 87 of Article 11 of the “Illinois Municipal Code”, approved
May 29, 1961, as heretofore or hereafter amended.

(Source: Laws 1963, p. 877.)

 

(70 ILCS 2305/25) (from Ch. 42, par. 296.5)

Sec. 25.

The Board of Trustees may provide by ordinance for the levy, in
addition to the taxes now authorized by law, and in addition to the
amount authorized to be levied for corporate purposes, as provided by
Section 12 of this Act, of a direct annual tax not exceeding .05% of the
value, as equalized or assessed by the Department of Revenue of the
State of Illinois of all taxable property in such
sanitary district. The fund arising therefrom shall be known as a public
benefit fund and shall be used solely for the purpose of paying that
portion of the several amounts assessed against the district for public
benefit as well as paying any such amounts as may be assessed for public
benefit under any ordinance that may be adopted by the board of
trustees.

The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.

(Source: P.A. 81-1509.)

 

(70 ILCS 2305/26) (from Ch. 42, par. 296.6)

Sec. 26.

Additional contiguous territory may be added to any sanitary
district organized under this Act in the manner following:

Ten per cent or more of the legal voters resident within the limits
of such proposed addition to such sanitary district may petition the
circuit court for the county in which such sanitary district is located
to cause the question to be submitted to the legal voters of such
proposed additional territory whether such proposed additional territory
shall become a part of any contiguous sanitary district organized under
this Act and whether such additional territory and the taxpayers thereof
shall assume a proportionate share of the bonded indebtedness, if any,
of such sanitary district. Such petition shall be addressed to the court
and shall contain a definite description of the boundaries of the
territory sought to be added. Provided that no territory disqualified in
Section 1 of this Act shall be included.

Upon filing such petition in the office of the circuit clerk of the
county in which such sanitary district is located it shall be the duty
of the court to consider the boundaries of such proposed additional
territory, whether the same shall be those stated in the petition or
otherwise. The decision of the court shall be a final order and
appealable as in other civil cases.

Notice shall be given by the court of the time and place when and
where all persons interested will be heard substantially as provided in
and by Section 1 of this Act.
The court shall certify its order and the proposition to the proper election
officials who shall submit the proposition at an election in accordance
with the general election law.
The proposition shall be in substantially the following form:

————————————————————–

For joining sanitary district and

assuming a proportionate share

of bonded indebtedness, if any.

————————————————————–

Against joining sanitary district

and assuming a proportionate

share of bonded indebtedness,

if any.

————————————————————–

If a majority of the votes cast at such election shall be in favor of
becoming a part of such sanitary district and if the trustees of such
sanitary district accept the proposed additional territory by ordinance
annexing the same, the court shall enter an appropriate order of record
in the court, and such additional territory shall thenceforth be
deemed an integral part of such sanitary district. Any such additional
contiguous territory may be annexed to such sanitary district upon
petition addressed to such court, signed by a majority of the owners of
lands constituting such territory who, in the case of natural persons,
shall have arrived at lawful age and who represent a majority in area of
such territory, which said petition shall contain a definite description
of the boundaries of such territory and shall set forth the willingness
of the petitioners that such territory and the taxpayers thereof assume
a proportionate share of the bonded indebtedness, if any, of such
sanitary district. Upon the filing of such petition and notice of and
hearing and decision upon the same by the aforesaid commissioners, all
as hereinbefore provided, such commissioners or a majority of them,
shall enter an order containing their findings and decision as to the
boundaries of the territory to be annexed; and thereupon, if the
trustees of such sanitary district shall pass an ordinance annexing the
territory described in such order to said sanitary district, the court
shall enter an appropriate order as hereinabove provided, and such
additional territory shall thenceforth be deemed an integral part of
such sanitary district.

(Source: P.A. 83-343.)

 

(70 ILCS 2305/27) (from Ch. 42, par. 296.7)

Sec. 27.

Any contiguous territory located within the boundaries of
any sanitary district organized under this Act, and upon the border of
such district, may become disconnected from such district in the manner
following, to wit: 10% or more of the legal voters resident in the
territory sought to be disconnected from such district, may petition the
circuit court for the county in which such sanitary district is located
to cause the question of whether such territory shall be disconnected to
be submitted to the legal voters of such territory. Such petition shall
be addressed to the court and shall contain a definite description of
the boundaries of such territory and recite as a fact, that there is no
outstanding bonded indebtedness of such sanitary district which was
incurred or assumed while such territory was a part of such sanitary
district and that no special assessments for local improvements were
levied upon or assessed against any of the lands within such territory
or, if so levied or assessed, that all of such assessments have been
fully paid and discharged and that such territory is not, at the time of
the filing of such petition, and will not be, either benefited or served
by any work or improvements either then existing or then authorized by
said sanitary district. Upon filing such petition in the office of the
circuit clerk of the county in which such sanitary district is located
it shall be the duty of the court to consider the boundaries of such
territory and the facts upon which the petition is founded. The court
may alter the boundaries of such territory and shall deny the prayer of
the petition, if the material allegations therein contained are not
founded in fact; a decision of said commissioners or a majority of them
shall be conclusive and not subject to review.

Notice shall be given by the court of the time and place when and
where all persons interested will be heard substantially as provided in
and by Section 1 of this Act. The court shall certify its order and the
question to the proper election officials who shall submit the question
at an election in accordance with the general election law. The proposition
shall be in substantially the following form:

————————————————————–

For disconnection from

sanitary district.

————————————————————–

Against disconnection from

sanitary district.

————————————————————–

If a majority of the votes cast at such election shall be in favor of
disconnection, and if the trustees of such sanitary district shall, by
ordinance, disconnect such territory, thereupon the court shall enter an
appropriate order of record in the court and thereafter such
territory shall thenceforth be deemed disconnected from such sanitary
district.

(Source: P.A. 83-343.)

 

(70 ILCS 2305/28) (from Ch. 42, par. 296.8)

Sec. 28. Annexation of territory. The board of trustees of any sanitary district may annex any
territory which is not within the corporate limits of the sanitary
district, provided:

• (a) The territory is contiguous to the annexing sanitary district or the territory is non-contiguous and the owner or owners of record have entered into an agreement requesting the annexation of the non-contiguous territory; and
• (b) The territory is served by the sanitary district or by a municipality with sanitary sewers that are connected and served by the sanitary district.

The annexation shall be accomplished only by ordinance and the ordinance
shall include a description of the annexed territory. The ordinance annexing non-contiguous territory shall designate the ward to which the land shall be assigned. A copy of the
ordinance and a map of the annexed territory certified as true and accurate
by the clerk of the annexing sanitary district shall be filed with the
county clerk of the county in which the annexed territory is located.
The new boundary shall extend to the far side of any adjacent highway and
shall include all of every highway within the area annexed. These highways
shall be considered to be annexed even though not included in the legal
description set forth in the annexation ordinance.

The territory to be annexed to the sanitary district shall be considered to be contiguous to the sanitary district notwithstanding that the territory to be annexed is divided by, or that the territory to be annexed is separated from the sanitary district by, one or more railroad rights-of-way, public easements, or properties owned by a public utility, a forest preserve district, a public agency, or a not-for-profit corporation.

(Source: P.A. 102-558, eff. 8-20-21.)

 

(70 ILCS 2305/28a) (from Ch. 42, par. 296.8a)

Sec. 28a.

The corporate authorities of any sanitary district may enter into an
agreement with one or more of the owners of record of land in any territory
which may be annexed to such sanitary district as provided in this Act.
Such agreement may provide for the annexation of such territory to the sanitary
district, subject to the provisions of this Act, and any other matter not inconsistent
with the provisions of this Act, nor forbidden by law. Such agreement shall
be valid and binding for a period not to exceed 10 years from the date of
execution thereof.

Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the subject
of the agreement, would be a breach of such agreement, shall not apply to
such land without an amendment of such agreement.

Any such agreement executed after the effective date of this Amendatory
Act of 1983 and all amendments of annexation agreements, shall
be entered into in the following manner. The corporate authorities shall
fix a time for and hold a public hearing upon the proposed annexation agreement
or amendment, and shall give notice of the proposed agreement or amendment
not more than 30 nor less than 15 days before the date fixed for the hearing.
This notice shall be published at least once in one or more newspapers published
within the sanitary district. After such hearing the agreement or amendment
may be modified before execution thereof. The annexation agreement or amendment
shall be executed by the president of the board of trustees only after such
hearing and upon the adoption of a resolution directing such execution,
which resolution must be passed by a vote of two-thirds of the corporate
authorities then holding office.

Any annexation agreement executed pursuant to this Section shall be binding
upon the successor owners of record of the land which is the subject of
the agreement and upon successor corporate authorities of the sanitary district
and successor sanitary districts.
Any party to such agreement may by civil action, mandamus or other proceeding,
enforce and compel performance of the agreement.

Any annexation agreement executed prior to the effective date of this
Amendatory Act of 1983 which was executed pursuant to a two-thirds vote
of the corporate authorities and which contains provisions not inconsistent
with this Section is hereby declared valid and enforceable as to such provisions
for the effective period of such agreement, or for 10 years from the date
of execution thereof, whichever is shorter.

The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1983 may be extended at any time
prior to the original expiration date to a date which is not later than
ten years from the date of execution of the original Annexation Agreement.

(Source: P.A. 83-745.)

 

(70 ILCS 2305/28b) (from Ch. 42, par. 296.8b)

Sec. 28b.

For purposes of this Act, territory to be organized as a sanitary
district shall be considered to be contiguous territory, and territory to
be annexed to a sanitary district shall be considered to be contiguous to
the sanitary district notwithstanding that the territory to be so organized
is divided by one or more railroad rights-of-ways, public easements,
or property owned by a public utility or that the territory to be so
annexed is separated from the sanitary district
by one or more railroad rights-of-ways, public easements, or
property owned by a public utility. However, upon
such organization or annexation, the
area included within any such right-of-way, public easement, or
property owned by a public utility shall not
be considered a part of or annexed to the sanitary district.

(Source: P.A. 89-558, eff. 7-26-96.)

 

(70 ILCS 2305/29) (from Ch. 42, par. 296.9)

Sec. 29.
The board of trustees of any sanitary district may arrange to
provide for the benefit of employees and trustees of the sanitary district
group life, health, accident, hospital and medical insurance, or any one or
any combination of those types of insurance. The board of trustees may also establish a self-insurance program to provide such group life, health, accident, hospital and medical coverage, or any one or any combination of such coverage. The board of trustees may enact an ordinance prescribing the method of operation of such an insurance program. Such insurance may include
provision for employees and trustees who rely on treatment by prayer or
spiritual means alone for healing in accordance with the tenets and
practice of a well recognized religious denomination. The board of trustees
may provide for payment by the sanitary district of the premium or charge
for such insurance or the cost of a self-insurance program.

The board of trustees may provide for the withholding and deducting
from the compensation of such of the employees and trustees as consent
thereto the premium or charge for any group life, health, accident,
hospital and medical insurance.

The board of trustees may only obtain insurance from an insurance company
or companies authorized to do business in the State of Illinois
or such other organization or service provider authorized to do business in the State of Illinois.

(Source: P.A. 96-49, eff. 1-1-10.)

 

(70 ILCS 2305/30)

Sec. 30. Claims for compensation. No claim for compensation shall be made or action for damages filed against a sanitary district formed under this Act on account of any damage to property occurring on or after January 1, 2012, unless notice in writing is filed with the secretary of the sanitary district’s board of trustees within 6 months after the occurrence of the damage setting forth the following information: (i) the name and residence address of the owner of the property damaged, (ii) the property’s location, and (iii) the probable extent of the damage sustained.

(Source: P.A. 97-500, eff. 8-23-11.)

 

(70 ILCS 2305/31)

Sec. 31. Resource recovery.

(a) As used in this Section:

“Recovered resources” means any material produced by or extracted from the operation of sanitary district facilities, including, but not limited to:

• (1) solids, including solids from the digestion process, semi-solids, or liquid materials;
• (2) gases, including biogas, carbon dioxide, and methane;
• (3) nutrients;
• (4) algae;
• (5) treated effluent; and
• (6) thermal energy or hydropower.

“Renewable energy facility” shall have the same meaning as a facility defined under Section 5 of the Renewable Energy Production District Act.

“Renewable energy resources” means resources as defined under Section 1-10 of the Illinois Power Agency Act.

“Resource recovery” means the recovery of material or energy from waste as defined under Section 3.435 of the Environmental Protection Act.

(b) The General Assembly finds that:

• (1) technological advancements in wastewater treatment have resulted in the ability to capture recovered resources and produce renewable energy resources from material previously discarded;
• (2) the capture and beneficial reuse of recovered resources and the production of renewable energy resources serve a wide variety of environmental benefits including, but not limited to, improved water quality, reduction of greenhouse gases, reduction of carbon footprint, reduction of landfill usage, reduced usage of hydrocarbon-based fuels, return of nutrients to the food cycle, and reduced water consumption;
• (3) the sanitary district is a leader in the field of wastewater treatment and possesses the expertise and experience necessary to capture and beneficially reuse or prepare for beneficial reuse recovered resources, including renewable energy resources; and
• (4) the sanitary district has the opportunity and ability to change the approach to wastewater treatment from that of a waste material to be disposed of to one of a collection of resources to be recovered, reused, and sold, with the opportunity to provide the sanitary district with additional sources of revenue and reduce operating costs.

(c) The sanitary district may sell or otherwise dispose of recovered resources or renewable energy resources resulting from the operation of sanitary district facilities, and may construct, maintain, finance, and operate such activities, facilities, and other works as are necessary for that purpose.

(d) The sanitary district may take in materials which are used in the generation of usable products from recovered resources, or which increase the production of renewable energy resources, including, but not limited to, food waste, organic fraction of solid waste, commercial or industrial organic wastes, fats, oils, greases, and vegetable debris.

(e) The authorizations granted to the sanitary district under this Section shall not be construed as modifying or limiting any other law or regulation. Any actions taken pursuant to the authorities granted in this Section must be in compliance with all applicable laws and regulations, including, but not limited to, the Environmental Protection Act, and rules adopted under that Act.

(Source: P.A. 99-669, eff. 7-29-16.)