SB1854 EngrossedLRB099 11056 AWJ 31443 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Special Assessment Supplemental Bond and
5Procedures Act is amended by changing Section 10 as follows:
 
6    (50 ILCS 460/10)
7    Sec. 10. Definitions. As used in this Act, unless the
8context or usage clearly indicates otherwise:
9    "Governing body" means the legislative body, council,
10board, commission, trustees, or any other body by whatever name
11it is known having charge of the corporate affairs of a
12governmental unit.
13    "Governmental unit" means a county, township,
14municipality, municipal corporation, unit of local government,
15or a special district, by whatever name known, authorized by
16any special assessment law to make local improvements by
17special assessment.
18    "Special assessment bond" means any instrument evidencing
19the obligation to pay money authorized or issued by or on
20behalf of a governmental unit under a special assessment law or
21under this Act, being payable from assessments made under a
22special assessment law, and when applicable, as supplemented by
23this Act.

 

 

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1    "Special assessment law" means any law of the State of
2Illinois authorizing governmental units to make local
3improvements payable wholly or in part by special assessment,
4and includes, without limitation, Division 2 of Article 9 of
5the Illinois Municipal Code, Division 5-32 of Article 5 of the
6Counties Code, Section 21 of the North Shore Water Reclamation
7Sanitary District Act, Section 19 of the Sanitary District Act
8of 1917, Sections 22a.1 through 22a.55 of the Sanitary District
9Act of 1917, and Section 28 of the Sanitary District Act of
101936.
11    "Special assessment proceeding" means the proceeding by
12any governmental unit under a special assessment law to provide
13for the making of a specific local improvement by special
14assessment.
15    "Special assessment ordinance" means an ordinance, or when
16applicable a resolution, as provided for by any special
17assessment law by which the governing body institutes, calls
18for, or provides for the making of a local improvement to be
19paid by the imposition of a special assessment pursuant to such
20special assessment law.
21    "Supplemental Act Assessment Bonds" are those special
22assessment bonds issued under Section 100 of this Act.
23    "Voucher" means any voucher issued under a special
24assessment law for work done in connection with the making of a
25local improvement.
26(Source: P.A. 90-480, eff. 8-17-97.)
 

 

 

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1    Section 10. The North Shore Sanitary District Act is
2amended by changing the title of the Act and Sections 0.1, 4,
3and 11 and by adding Sections 0.5, 7.6, 7.7, 18.5, and 31 as
4follows:
 
5    (70 ILCS 2305/Act title)
6An Act to create water reclamation sanitary districts, and
7to provide for sewage disposal.
 
8    (70 ILCS 2305/0.1)  (from Ch. 42, par. 276.99)
9    Sec. 0.1. This Act shall be known and may be cited as the
10"North Shore Water Reclamation Sanitary District Act".
11(Source: P.A. 77-699.)
 
12    (70 ILCS 2305/0.5 new)
13    Sec. 0.5. Sanitary district references. On and after the
14date the sanitary district renames itself under Section 4 of
15this Act, any references to "sanitary district" in this Act
16shall mean "water reclamation district". Any references to
17"North Shore Sanitary District" in this Act shall mean "North
18Shore Water Reclamation District".
 
19    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
20    Sec. 4. Board of trustees; powers; compensation. The
21trustees shall constitute a board of trustees for the district.

 

 

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1The board of trustees is the corporate authority of the
2district, and shall exercise all the powers and manage and
3control all the affairs and property of the district. The board
4shall elect a president and vice-president from among their own
5number. In case of the death, resignation, absence from the
6state, or other disability of the president, the powers, duties
7and emoluments of the office of the president shall devolve
8upon the vice-president, until the disability is removed or
9until a successor to the president is appointed and chosen in
10the manner provided in this Act. The board may select a
11secretary, treasurer, executive director, and attorney, and
12may provide by ordinance for the employment of other employees
13as the board may deem necessary for the municipality. The board
14may appoint such other officers and hire such employees to
15manage and control the operations of the district as it deems
16necessary; provided, however, that the board shall not employ
17an individual as a wastewater operator whose Certificate of
18Technical Competency is suspended or revoked under rules
19adopted by the Pollution Control Board under item (4) of
20subsection (a) of Section 13 of the Environmental Protection
21Act. All employees selected by the board shall hold their
22respective offices during the pleasure of the board, and give
23such bond as may be required by the board. The board may
24prescribe the duties and fix the compensation of all the
25officers and employees of the sanitary district. However, the
26president of the board of trustees shall not receive more than

 

 

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1$10,000 per year and the other members of the board shall not
2receive more than $7,000 per year. However, beginning with the
3commencement of the new term of each board member in 1993, the
4president shall not receive more than $11,000 per year and each
5other member of the board shall not receive more than $8,000
6per year. Beginning with the commencement of the first new term
7after the effective date of this amendatory Act of the 95th
8General Assembly, the president of the board shall not receive
9more than $14,000 per year, and each other member of the board
10shall not receive more than $11,000 per year. Notwithstanding
11any other provision of this Section, the board of trustees may
12increase the annual rate of compensation at a separate flat
13amount for the president and the other members with a vote by
14at least 4 of the 5 trustees, and the increased annual rate of
15compensation shall apply to the president and the other members
16whose terms as members of the board commence after the increase
17in compensation is adopted by the board. The board of trustees
18has full power to pass all necessary ordinances, rules and
19regulations for the proper management and conduct of the
20business of the board and of the corporation, and for carrying
21into effect the objects for which the sanitary district was
22formed. The ordinances may provide for a fine for each offense
23of not less than $100 or more than $1,000. Each day's
24continuance of a violation shall be a separate offense. Fines
25under this Section are recoverable by the sanitary district in
26a civil action. The sanitary district is authorized to apply to

 

 

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1the circuit court for injunctive relief or mandamus when, in
2the opinion of the chief administrative officer, the relief is
3necessary to protect the sewerage system of the sanitary
4district.
5    The board of trustees shall have the authority to change
6the name of the District, by ordinance, to the North Shore
7Water Reclamation District. Any such name change shall not
8impair the legal status of any act by the sanitary district. If
9an ordinance is passed pursuant to this paragraph, all
10provisions of this Act shall apply to the newly renamed
11district. No rights, duties, or privilege of such sanitary
12district or of any person existing before the change of name
13shall be affected by the change in the name of the sanitary
14district. All proceedings pending in any court relating to such
15sanitary district may continue to final consummation under the
16name in which they were commenced.
17(Source: P.A. 98-162, eff. 8-2-13.)
 
18    (70 ILCS 2305/7.6 new)
19    Sec. 7.6. Rates for treatment and disposal of sewage and
20surface or ground water. The board of trustees shall have the
21authority by ordinance to establish, revise, and maintain rates
22or charges for the treatment and disposal of sewage and surface
23or ground water. Any user charge, industrial waste surcharge,
24or industrial cost recovery charge imposed by the sanitary
25district, together with all penalties, interest, and costs

 

 

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1imposed in connection therewith, shall be liens against the
2real estate which receives the service or benefit for which the
3charges are being imposed; provided, however, such liens shall
4not attach to such real estate until such charges or rates have
5become delinquent as provided by the ordinance of the sanitary
6district and provided further, that nothing in this Section
7shall be construed to give the sanitary district a preference
8over the rights of any purchaser, mortgagee, judgment creditor,
9or other lien holder arising prior to the filing in the office
10of the recorder of the county in which real estate is located
11of notice of the lien, which notice shall consist of a sworn
12statement setting out (1) a description of the real estate for
13which the service or the benefit was rendered sufficient to
14identify the real estate, (2) the amount or amounts of money
15due for such service or benefit, and (3) the date or dates when
16such amount or amounts became delinquent. The sanitary district
17shall have the power to foreclose such lien in the same manner
18and with the same effect as in the foreclosure of mortgages on
19real estate.
20    The assertion of liens against real estate by the sanitary
21district to secure payment of user charges, industrial waste
22surcharges, or industrial cost recovery charges imposed by the
23sanitary district as indicated in the previous paragraph shall
24be in addition to any other remedy or right of recovery which
25the sanitary district may have with respect to the collection
26or recovery of such charges imposed by the sanitary district.

 

 

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1Judgment in a civil action brought by the sanitary district to
2recover or collect such charges shall not operate as a release
3and waiver of the lien upon the real estate for the amount of
4the judgment. Only satisfaction of the judgment or the filing
5of a release or satisfaction of lien shall release said lien.
6The lien for charges on account of services or benefits
7provided for in this Section and the rights created hereunder
8shall be in addition to the lien upon real estate created by
9and imposed for general real estate taxes.
 
10    (70 ILCS 2305/7.7 new)
11    Sec. 7.7. Discharge into sewers of the sanitary district.
12    (a) As used in this Section:
13    "Executive director" means the executive director of the
14sanitary district.
15    "Industrial wastes" means all solids, liquids, or gaseous
16wastes resulting from any commercial, industrial,
17manufacturing, agricultural, trade, or business operation or
18process, or from the development, recovery, or processing of
19natural resources.
20    "Other wastes" means decayed wood, sawdust, shavings,
21bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
22and all other substances except sewage and industrial wastes.
23    "Person" means any individual, firm, association, joint
24venture, sole proprietorship, company, partnership, estate
25copartnership, corporation, joint stock company, trust, school

 

 

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1district, unit of local government, or private corporation
2organized or existing under the laws of this or any other state
3or country.
4    "Sewage" means water-carried human wastes or a combination
5of water-carried wastes from residences, buildings,
6businesses, industrial establishments, institutions, or other
7places together with any ground, surface, storm, or other water
8that may be present.
9    (b) It shall be unlawful for any person to discharge
10sewage, industrial waste, or other wastes into the sewerage
11system of the sanitary district or into any sewer tributary
12therewith, except upon the terms and conditions that the
13sanitary district might reasonably impose by way of ordinance,
14permit, rule, or regulation.
15    The sanitary district, in addition to all other powers
16vested in it and in the interest of public health and safety,
17or as authorized by subsections (b) and (c) of Section 46 of
18the Environmental Protection Act, is hereby empowered to pass
19all ordinances, rules, or regulations necessary to implement
20this Section, including, but not limited to, the imposition of
21charges based on factors that influence the cost of treatment,
22including strength and volume, and including the right of
23access during reasonable hours to the premises of a person for
24enforcement of adopted ordinances, rules, or regulations.
25    (c) Whenever the sanitary district, acting through the
26executive director, determines that sewage, industrial wastes,

 

 

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1or other wastes are being discharged into the sewerage system
2and when, in the opinion of the executive director, the
3discharge is in violation of an ordinance, rules, or
4regulations adopted by the board of trustees under this Section
5governing industrial wastes or other wastes, the executive
6director shall order the offending party to cease and desist.
7The order shall be served by certified mail or personally on
8the owner, officer, registered agent, or individual designated
9by permit.
10    In the event the offending party fails or refuses to
11discontinue the discharge within 90 days after notification of
12the cease and desist order, the executive director may order
13the offending party to show cause before the board of trustees
14of the sanitary district why the discharge should not be
15discontinued. A notice shall be served on the offending party
16directing him, her, or it to show cause before the board of
17trustees why an order should not be entered directing the
18discontinuance of the discharge. The notice shall specify the
19time and place where a hearing will be held and shall be served
20personally or by registered or certified mail at least 10 days
21before the hearing; and, in the case of a unit of local
22government or a corporation, the service shall be upon an
23officer or agent thereof. After reviewing the evidence, the
24board of trustees may issue an order to the party responsible
25for the discharge, directing that within a specified period of
26time the discharge be discontinued. The board of trustees may

 

 

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1also order the party responsible for the discharge to pay a
2civil penalty in an amount specified by the board of trustees
3that is not less than $1,000 nor more than $2,000 per day for
4each day of discharge of effluent in violation of this Act as
5provided in subsection (d). The board of trustees may also
6order the party responsible for the violation to pay court
7reporter costs and hearing officer fees in an amount not
8exceeding $3,000.
9    (d) The board of trustees shall establish procedures for
10assessing civil penalties and issuing orders under subsection
11(c) as follows:
12        (1) In making its orders and determinations, the board
13    of trustees shall take into consideration all the facts and
14    circumstances bearing on the activities involved and the
15    assessment of civil penalties as shown by the record
16    produced at the hearing.
17        (2) The board of trustees shall establish a panel of
18    one or more independent hearing officers to conduct all
19    hearings on the assessment of civil penalties and issuance
20    of orders under subsection (c). All hearing officers shall
21    be attorneys licensed to practice law in this State.
22        (3) The board of trustees shall promulgate procedural
23    rules governing the proceedings, the assessment of civil
24    penalties, and the issuance of orders.
25        (4) All hearings shall be on the record, and testimony
26    taken must be under oath and recorded stenographically.

 

 

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1    Transcripts so recorded must be made available to any
2    member of the public or any party to the hearing upon
3    payment of the usual charges for transcripts. At the
4    hearing, the hearing officer may issue, in the name of the
5    board of trustees, notices of hearing requesting the
6    attendance and testimony of witnesses, the production of
7    evidence relevant to any matter involved in the hearing,
8    and may examine witnesses.
9        (5) The hearing officer shall conduct a full and
10    impartial hearing on the record, with an opportunity for
11    the presentation of evidence and cross-examination of the
12    witnesses. The hearing officer shall issue findings of
13    fact, conclusions of law, a recommended civil penalty, and
14    an order based solely on the record. The hearing officer
15    may also recommend, as part of the order, that the
16    discharge of industrial waste be discontinued within a
17    specified time.
18        (6) The findings of fact, conclusions of law,
19    recommended civil penalty, and order shall be transmitted
20    to the board of trustees along with a complete record of
21    the hearing.
22        (7) The board of trustees shall either approve or
23    disapprove the findings of fact, conclusions of law,
24    recommended civil penalty, and order. If the findings of
25    fact, conclusions of law, recommended civil penalty, or
26    order are rejected, the board of trustees shall remand the

 

 

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1    matter to the hearing officer for further proceedings. If
2    the order is accepted by the board of trustees, it shall
3    constitute the final order of the board of trustees.
4        (8) The civil penalty specified by the board of
5    trustees shall be paid within 35 days after the party on
6    whom it is imposed receives a written copy of the order of
7    the board of trustees, unless the person or persons to whom
8    the order is issued seeks judicial review.
9        (9) If a person seeks judicial review of the order
10    assessing civil penalties, the person shall, within 35 days
11    after the date of the final order, pay the amount of the
12    civil penalties into an escrow account maintained by the
13    sanitary district for that purpose or file a bond
14    guaranteeing payment of the civil penalties if the civil
15    penalties are upheld on review.
16        (10) Civil penalties not paid by the times specified
17    above shall be delinquent and subject to a lien recorded
18    against the property of the person ordered to pay the
19    penalty. The foregoing provisions for asserting liens
20    against real estate by the sanitary district shall be in
21    addition to any other remedy or right of recovery that the
22    sanitary district may have with respect to the collection
23    or recovery of penalties and charges imposed by the
24    sanitary district. Judgment in a civil action brought by
25    the sanitary district to recover or collect the charges
26    shall not operate as a release and waiver of the lien upon

 

 

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1    the real estate for the amount of the judgment. Only
2    satisfaction of the judgment or the filing of a release or
3    satisfaction of lien shall release the lien.
4    (e) The executive director may order a person to cease the
5discharge of industrial waste upon a finding by the executive
6director that the final order of the board of trustees entered
7after a hearing to show cause has been violated. The executive
8director shall serve the person with a copy of his or her order
9either by certified mail or personally by serving the owner,
10officer, registered agent, or individual designated by permit.
11The order of the executive director shall also schedule an
12expedited hearing before a hearing officer designated by the
13board of trustees for the purpose of determining whether the
14person has violated the final order of the board of trustees.
15The board of trustees shall adopt rules of procedure governing
16expedited hearings. In no event shall the hearing be conducted
17less than 7 days after service of the executive director's
18order.
19    At the conclusion of the expedited hearing, the hearing
20officer shall prepare a report with his or her findings and
21recommendations and transmit it to the board of trustees. If
22the board of trustees, after reviewing the findings and
23recommendations, and the record produced at the hearing,
24determines that the person has violated the board of trustees'
25final order, the board of trustees may authorize the plugging
26of the sewer. The executive director shall give not less than

 

 

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110 days' written notice of the board of trustees' order to the
2owner, officer, registered agent, or individual designated by
3permit, as well as the owner of record of the real estate and
4other parties known to be affected, that the sewer will be
5plugged.
6    The foregoing provision for plugging a sewer shall be in
7addition to any other remedy that the sanitary district may
8have to prevent violation of its ordinances and orders of its
9board of trustees.
10    (f) A violation of the final order of the board of trustees
11shall be considered a nuisance. If any person discharges
12sewage, industrial wastes, or other wastes into any waters
13contrary to the final order of the board of trustees, the
14sanitary district, acting through the executive director, has
15the power to commence an action or proceeding in the circuit
16court in and for the county in which the sanitary district is
17located for the purpose of having the discharge stopped either
18by mandamus or injunction, or to remedy the violation in any
19manner provided for in this Section.
20    The court shall specify a time, not exceeding 20 days after
21the service of the copy of the complaint, in which the party
22complained of must plead to the complaint, and in the meantime,
23the party may be restrained. In case of default or after
24pleading, the court shall immediately inquire into the facts
25and circumstances of the case and enter an appropriate judgment
26in respect to the matters complained of. Appeals may be taken

 

 

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1as in other civil cases.
2    (g) The sanitary district, acting through the executive
3director, has the power to commence an action or proceeding for
4mandamus or injunction in the circuit court ordering a person
5to cease its discharge, when, in the opinion of the executive
6director, the person's discharge presents an imminent danger to
7the public health, welfare, or safety; presents or may present
8an endangerment to the environment; or threatens to interfere
9with the operation of the sewerage system or a water
10reclamation plant under the jurisdiction of the sanitary
11district. The initiation of a show cause hearing is not a
12prerequisite to the commencement by the sanitary district of an
13action or proceeding for mandamus or injunction in the circuit
14court. The court shall specify a time, not exceeding 20 days
15after the service of a copy of the petition, in which the party
16complained of must answer the petition, and in the meantime,
17the party may be restrained. In case of default in answer or
18after answer, the court shall immediately inquire into the
19facts and circumstances of the case and enter an appropriate
20judgment order in respect to the matters complained of. An
21appeal may be taken from the final judgment in the same manner
22and with the same effect as appeals are taken from judgment of
23the circuit court in other actions for mandamus or injunction.
24    (h) Whenever the sanitary district commences an action
25under subsection (f) of this Section, the court shall assess a
26civil penalty of not less than $1,000 nor more than $10,000 for

 

 

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1each day the person violates the board of trustees' order.
2Whenever the sanitary district commences an action under
3subsection (g) of this Section, the court shall assess a civil
4penalty of not less than $1,000 nor more than $10,000 for each
5day the person violates the ordinance. Each day's continuance
6of the violation is a separate offense. The penalties provided
7in this Section plus interest at the rate set forth in the
8Interest Act on unpaid penalties, costs, and fees, imposed by
9the board of trustees under subsection (d); the reasonable
10costs to the sanitary district of removal or other remedial
11action caused by discharges in violation of this Act;
12reasonable attorney's fees; court costs; other expenses of
13litigation; and costs for inspection, sampling, analysis, and
14administration related to the enforcement action against the
15offending party are recoverable by the sanitary district in a
16civil action.
17    (i) The board of trustees may establish fees for late
18filing of reports with the sanitary district required by an
19ordinance governing discharges. The sanitary district shall
20provide by certified mail a written notice of the fee
21assessment that states the person has 30 days after the receipt
22of the notice to request a conference with the executive
23director's designee to discuss or dispute the appropriateness
24of the assessed fee. Unless a person objects to paying the fee
25for filing a report late by timely requesting in writing a
26conference with a designee of the executive director, that

 

 

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1person waives his or her right to a conference and the sanitary
2district may impose a lien recorded against the property of the
3person for the amount of the unpaid fee.
4    If a person requests a conference and the matter is not
5resolved at the conference, the person subject to the fee may
6request an administrative hearing before an impartial hearing
7officer appointed under subsection (d) to determine the
8person's liability for and the amount of the fee. If the
9hearing officer finds that the late filing fees are owed to the
10sanitary district, the sanitary district shall notify the
11responsible person or persons of the hearing officer's
12decision. If payment is not made within 30 days after the
13notice, the sanitary district may impose a lien on the property
14of the person or persons.
15    Any liens filed under this subsection shall apply only to
16the property to which the late filing fees are related. A claim
17for lien shall be filed in the office of the recorder of the
18county in which the property is located. The filing of a claim
19for lien by the sanitary district does not prevent the sanitary
20district from pursuing other means for collecting late filing
21fees. If a claim for lien is filed, the sanitary district shall
22notify the person whose property is subject to the lien, and
23the person may challenge the lien by filing an action in the
24circuit court. The action shall be filed within 90 days after
25the person receives the notice of the filing of the claim for
26lien. The court shall hear evidence concerning the underlying

 

 

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1reasons for the lien only if an administrative hearing has not
2been held under this subsection.
3    (j) To be effective service under this Section, a demand or
4order sent by certified or registered mail to the last known
5address need not be received by the offending party. Service of
6the demand or order by registered or certified mail shall be
7deemed effective upon deposit in the United States mail with
8proper postage prepaid and addressed as provided in this
9Section.
10    (k) The provisions of the Administrative Review Law and all
11amendments and rules adopted pursuant to that Law apply to and
12govern all proceedings for the judicial review of final
13administrative decisions of the board of trustees in the
14enforcement of any ordinance, rule, or regulation adopted under
15this Act. The cost of preparing the record on appeal shall be
16paid by the person seeking a review of an order or action
17pursuant to the Administrative Review Law.
18    (l) The provisions of this Section are severable under
19Section 1.31 of the Statute on Statutes.
 
20    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
21    Sec. 11. Except as otherwise provided in this Section, all
22contracts for purchases or sales by the municipality, the
23expense of which will exceed the mandatory competitive bid
24threshold, shall be let to the lowest responsible bidder
25therefor upon not less than 14 days' public notice of the terms

 

 

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1and conditions upon which the contract is to be let, having
2been given by publication in a newspaper of general circulation
3published in the district, and the board may reject any and all
4bids and readvertise. In determining the lowest responsible
5bidder, the board shall take into consideration the qualities
6and serviceability of the articles supplied, their conformity
7with specifications, their suitability to the requirements of
8the district, the availability of support services, the
9uniqueness of the service, materials, equipment, or supplies as
10it applies to network integrated computer systems, the
11compatibility of the service, materials, equipment or supplies
12with existing equipment, and the delivery terms. Contracts for
13services in excess of the mandatory competitive bid threshold
14may, subject to the provisions of this Section, be let by
15competitive bidding at the discretion of the district board of
16trustees. All contracts for purchases or sales that will not
17exceed the mandatory competitive bid threshold may be made in
18the open market without publication in a newspaper as above
19provided, but whenever practical shall be based on at least 3
20competitive bids. For purposes of this Section, the "mandatory
21competitive bid threshold" is a dollar amount equal to 0.1% of
22the total general fixed assets of the district as reported in
23the most recent required audit report. In no event, however,
24shall the mandatory competitive bid threshold dollar amount be
25less than $10,000, nor more than $40,000.
26    Cash, a cashier's check, a certified check, or a bid bond

 

 

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1with adequate surety approved by the board of trustees as a
2deposit of good faith, in a reasonable amount, but not in
3excess of 10% of the contract amount, may be required of each
4bidder by the district on all bids involving amounts in excess
5of the mandatory competitive bid threshold and, if so required,
6the advertisement for bids shall so specify.
7    Contracts which by their nature are not adapted to award by
8competitive bidding, including, without limitation, contracts
9for the services of individuals, groups or firms possessing a
10high degree of professional skill where the ability or fitness
11of the individual or organization plays an important part,
12contracts for financial management services undertaken
13pursuant to "An Act relating to certain investments of public
14funds by public agencies", approved July 23, 1943, as now or
15hereafter amended, contracts for the purchase or sale of
16utilities, contracts for commodities including supply
17contracts for natural gas and electricity, contracts for
18materials economically procurable only from a single source of
19supply, contracts for services, supplies, materials, parts, or
20equipment which are available only from a single source or
21contracts for maintenance, repairs, OEM supplies, or OEM parts
22from the manufacturer or from a source authorized by the
23manufacturer, contracts for the use, purchase, delivery,
24movement, or installation of data processing equipment,
25software, or services and telecommunications and interconnect
26equipment, software, or services, contracts for duplicating

 

 

SB1854 Engrossed- 22 -LRB099 11056 AWJ 31443 b

1machines and supplies, contracts for goods or services procured
2from another governmental agency, purchases of equipment
3previously owned by an entity other than the district itself,
4purchases of used equipment, purchases at auction or similar
5transactions which by their very nature are not suitable to
6competitive bids, and leases of real property where the
7sanitary district is the lessee shall not be subject to the
8competitive bidding requirements of this Section.
9    The District may use a design-build procurement method for
10any public project which shall not be subject to the
11competitive bidding requirements of this Section provided the
12Board of Trustees approves the contract for the public project
13by a vote of 4 of the 5 trustees. For the purposes of this
14Section, "design-build" means a delivery system that provides
15responsibility within a single contract for the furnishing of
16architecture, engineering, land surveying and related services
17as required, and the labor, materials, equipment, and other
18construction services for the project.
19    In the case of an emergency affecting the public health or
20safety so declared by the Board of Trustees of the municipality
21at a meeting thereof duly convened, which declaration shall
22require the affirmative vote of four of the five Trustees, and
23shall set forth the nature of the danger to the public health
24or safety, contracts totaling not more than the emergency
25contract cap may be let to the extent necessary to resolve such
26emergency without public advertisement or competitive bidding.

 

 

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1For purposes of this Section, the dollar amount of an emergency
2contract shall not be less than $40,000, nor more than
3$350,000. The Resolution or Ordinance in which such declaration
4is embodied shall fix the date upon which such emergency shall
5terminate which date may be extended or abridged by the Board
6of Trustees as in their judgment the circumstances require. A
7full written account of any such emergency, together with a
8requisition for the materials, supplies, labor or equipment
9required therefor shall be submitted immediately upon
10completion and shall be open to public inspection for a period
11of at least one year subsequent to the date of such emergency
12purchase. Within 30 days after the passage of the resolution or
13ordinance declaring an emergency affecting the public health or
14safety, the municipality shall submit to the Illinois
15Environmental Protection Agency the full written account of any
16such emergency along with a copy of the resolution or ordinance
17declaring the emergency, in accordance with requirements as may
18be provided by rule.
19    To address operating emergencies not affecting the public
20health or safety, the Board of Trustees shall authorize, in
21writing, officials or employees of the sanitary district to
22purchase in the open market and without advertisement any
23supplies, materials, equipment, or services for immediate
24delivery to meet the bona fide operating emergency, without
25filing a requisition or estimate therefor, in an amount not in
26excess of $100,000; provided that the Board of Trustees must be

 

 

SB1854 Engrossed- 24 -LRB099 11056 AWJ 31443 b

1notified of the operating emergency. A full, written account of
2each operating emergency and a requisition for the materials,
3supplies, equipment, and services required to meet the
4operating emergency must be immediately submitted by the
5officials or employees authorized to make purchases to the
6Board of Trustees. The account must be available for public
7inspection for a period of at least one year after the date of
8the operating emergency purchase. The exercise of authority
9with respect to purchases for a bona fide operating emergency
10is not dependent on a declaration of an operating emergency by
11the Board of Trustees.
12    The competitive bidding requirements of this Section do not
13apply to contracts, including contracts for both materials and
14services incidental thereto, for the repair or replacement of a
15sanitary district's treatment plant, sewers, equipment, or
16facilities damaged or destroyed as the result of a sudden or
17unexpected occurrence, including, but not limited to, a flood,
18fire, tornado, earthquake, storm, or other natural or man-made
19disaster, if the board of trustees determines in writing that
20the awarding of those contracts without competitive bidding is
21reasonably necessary for the sanitary district to maintain
22compliance with a permit issued under the National Pollution
23Discharge Elimination System (NPDES) or any successor system or
24with any outstanding order relating to that compliance issued
25by the United States Environmental Protection Agency, the
26Illinois Environmental Protection Agency, or the Illinois

 

 

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1Pollution Control Board. The authority to issue contracts
2without competitive bidding pursuant to this paragraph expires
36 months after the date of the writing determining that the
4awarding of contracts without competitive bidding is
5reasonably necessary.
6    No Trustee shall be interested, directly or indirectly, in
7any contract, work or business of the municipality, or in the
8sale of any article, whenever the expense, price or
9consideration of the contract work, business or sale is paid
10either from the treasury or by any assessment levied by any
11Statute or Ordinance. No Trustee shall be interested, directly
12or indirectly, in the purchase of any property which (1)
13belongs to the municipality, or (2) is sold for taxes or
14assessments of the municipality, or (3) is sold by virtue of
15legal process in the suit of the municipality.
16    A contract for any work or other public improvement, to be
17paid for in whole or in part by special assessment or special
18taxation, shall be entered into and the performance thereof
19controlled by the provisions of Division 2 of Article 9 of the
20"Illinois Municipal Code", approved May 29, 1961, as heretofore
21or hereafter amended, as near as may be. However, contracts may
22be let for making proper and suitable connections between the
23mains and outlets of the respective sanitary sewers in the
24district with any conduit, conduits, main pipe or pipes that
25may be constructed by such sanitary district.
26(Source: P.A. 98-162, eff. 8-2-13.)
 

 

 

SB1854 Engrossed- 26 -LRB099 11056 AWJ 31443 b

1    (70 ILCS 2305/18.5 new)
2    Sec. 18.5. Contracts. The sanitary district may enter into
3contracts with municipalities or other parties outside the
4sanitary district that may request service from the sanitary
5district at higher rates than the existing rates for like
6consumers within the sanitary district to allow the sanitary
7district to obtain a fair return to cover the costs of
8financing, constructing, operating, and maintaining its
9facilities. In the event that thereafter such rates are not
10agreed upon by the parties or are not otherwise provided for by
11contract, such rates shall be fixed and determined by the
12circuit court of Lake County after a petition has been filed
13with that court.
 
14    (70 ILCS 2305/31 new)
15    Sec. 31. Resource recovery.
16    (a) As used in this Section:
17    "Recovered resources" means any material produced by or
18extracted from the operation of sanitary district facilities,
19including, but not limited to:
20        (1) solids, including solids from the digestion
21    process, semi-solids, or liquid materials;
22        (2) gases, including biogas, carbon dioxide, and
23    methane;
24        (3) nutrients;

 

 

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1        (4) algae;
2        (5) treated effluent; and
3        (6) thermal energy or hydropower.
4    "Renewable energy facility" shall have the same meaning as
5a facility defined under Section 5 of the Renewable Energy
6Production District Act.
7    "Renewable energy resources" means resources as defined
8under Section 1-10 of the Illinois Power Agency Act.
9    "Resource recovery" means the recovery of material or
10energy from waste as defined under Section 3.435 of the
11Environmental Protection Act.
12    (b) The General Assembly finds that:
13        (1) technological advancements in wastewater treatment
14    have resulted in the ability to capture recovered resources
15    and produce renewable energy resources from material
16    previously discarded;
17        (2) the capture and beneficial reuse of recovered
18    resources and the production of renewable energy resources
19    serve a wide variety of environmental benefits including,
20    but not limited to, improved water quality, reduction of
21    greenhouse gases, reduction of carbon footprint, reduction
22    of landfill usage, reduced usage of hydrocarbon-based
23    fuels, return of nutrients to the food cycle, and reduced
24    water consumption;
25        (3) the sanitary district is a leader in the field of
26    wastewater treatment and possesses the expertise and

 

 

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1    experience necessary to capture and beneficially reuse or
2    prepare for beneficial reuse recovered resources,
3    including renewable energy resources; and
4        (4) the sanitary district has the opportunity and
5    ability to change the approach to wastewater treatment from
6    that of a waste material to be disposed of to one of a
7    collection of resources to be recovered, reused, and sold,
8    with the opportunity to provide the sanitary district with
9    additional sources of revenue and reduce operating costs.
10    (c) The sanitary district may sell or otherwise dispose of
11recovered resources or renewable energy resources resulting
12from the operation of sanitary district facilities, and may
13construct, maintain, finance, and operate such activities,
14facilities, and other works as are necessary for that purpose.
15    (d) The sanitary district may take in materials which are
16used in the generation of usable products from recovered
17resources, or which increase the production of renewable energy
18resources, including but not limited to food waste, organic
19fraction of solid waste, commercial or industrial organic
20wastes, fats, oils, greases, and vegetable debris.
21    (e) The authorizations granted to the sanitary district
22under this Section shall not be construed as modifying or
23limiting any other law or regulation. Any actions taken
24pursuant to the authorities granted in this Section must be in
25compliance with all applicable laws and regulations,
26including, but not limited to, the Environmental Protection

 

 

SB1854 Engrossed- 29 -LRB099 11056 AWJ 31443 b

1Act, and rules adopted under that Act.
 
2    Section 15. The Sanitary District Act of 1917 is amended by
3changing Section 17.1 as follows:
 
4    (70 ILCS 2405/17.1)  (from Ch. 42, par. 316.1)
5    Sec. 17.1. Acquiring district or municipal treatment
6works.
7    (a) After incorporation, any district organized under this
8Act may, in accordance with this Act and an intergovernmental
9agreement with the sanitary district being acquired or the
10municipality from whom the treatment works and lines are to be
11acquired, acquire the territory, treatment works, lines,
12appurtenances, and other property of (i) any sanitary district
13organized under this Act, the Sanitary District Act of 1907,
14the North Shore Water Reclamation Sanitary District Act, the
15Sanitary District Act of 1936, or the Metro-East Sanitary
16District Act of 1974 or (ii) any municipality whose treatment
17works were established under the Illinois Municipal Code or the
18Municipal Wastewater Disposal Zones Act, regardless of whether
19that district or municipality is contiguous to the acquiring
20sanitary district. The distance between the sanitary district
21being acquired or municipality and the acquiring sanitary
22district, however, as measured between the points on their
23corporate boundaries that are nearest to each other, shall not
24exceed 20 miles. In the case of a municipality, only that

 

 

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1property used by the municipality for transport, treatment, and
2discharge of wastewater and for disposal of sewage sludge shall
3be transferred to the acquiring sanitary district.
4    (b) The board of trustees of the sanitary district being
5acquired, or the corporate authorities of a municipality whose
6treatment works is being acquired, shall, jointly with the
7board of trustees of the acquiring sanitary district, petition
8the circuit court of the county containing all or the larger
9portion of the sanitary district being acquired or the
10municipality to permit the acquisition. The petition shall show
11the following:
12        (1) The reason for the acquisition.
13        (2) That there are no debts of the sanitary district
14    being acquired or municipality outstanding, or that there
15    are sufficient funds on hand or available to satisfy those
16    debts.
17        (3) That no contract or federal or State permit or
18    grant will be impaired by the acquisition.
19        (4) That all assets and responsibilities of the
20    sanitary district being acquired or municipality, as they
21    relate to wastewater treatment, have been properly
22    assigned to the acquiring sanitary district.
23        (5) That the acquiring sanitary district will pay any
24    court costs incurred in connection with the petition.
25        (6) The boundaries of the acquired sanitary district or
26    municipality as of the date of the petition.

 

 

SB1854 Engrossed- 31 -LRB099 11056 AWJ 31443 b

1    (c) Upon adequate notice, including appropriate notice to
2the Illinois Environmental Protection Agency, the circuit
3court shall hold a hearing to determine whether there is good
4cause for the acquisition by the acquiring district and whether
5the allegations of the petition are true. If the court finds
6that there is good cause and that the allegations are true, it
7shall order the acquisition to proceed. If the court finds that
8there is not good cause for the acquisition or that the
9allegations of the petition are not true, the court shall
10dismiss the petition. In either event, the costs shall be taxed
11against the acquiring sanitary district. The order shall be
12final. Separate or joint appeals may be taken by any party
13affected by the order as in other civil cases.
14    (d) If the court orders the acquisition contemplated in the
15petition, there shall be no further appointments of trustees if
16the acquired agency is a sanitary district. The trustees of the
17acquired sanitary district acting at the time of the order
18shall close up the business affairs of the sanitary district
19and make the necessary conveyances of title to the sanitary
20district property in accordance with the intergovernmental
21agreement between the acquiring and acquired sanitary
22districts. In the case of a municipality, the governing body of
23the municipality shall make the necessary conveyances of title
24to municipal property to the acquiring sanitary district in
25accordance with the intergovernmental agreement between the
26municipality and the acquiring sanitary district. The

 

 

SB1854 Engrossed- 32 -LRB099 11056 AWJ 31443 b

1acquiring sanitary district's ordinances take effect in the
2acquired territory upon entry of the order.
3    (e) The acquisition of any sanitary district by another
4sanitary district or the acquisition of a treatment works from
5a municipality by another sanitary district shall not affect
6the obligation of any bonds issued or contracts entered into by
7the acquired sanitary district or the municipality, nor
8invalidate the levy, extension, or collection of any taxes or
9special assessments upon a property in the acquired sanitary
10district, but all those bonds and contracts shall be
11discharged. The general obligation indebtedness of the
12acquired sanitary district shall be paid from the proceeds of
13continuing taxes and special assessments as provided in this
14Act.
15    All money remaining after the business affairs of the
16acquired sanitary district or acquired treatment works of the
17municipality have been closed up and all debts and obligations
18of the entities paid shall be paid to the acquiring sanitary
19district in accordance with the intergovernmental agreement
20between the parties.
21    (f) The board of trustees of the acquiring sanitary
22district required to provide sewer service under this Act may
23levy and collect, for that purpose, a tax on the taxable
24property within that district. The aggregate amount of the tax
25shall be as provided in this Act.
26    (g) Any intergovernmental agreement entered into by the

 

 

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1parties under this Section shall provide for the imposition or
2continuance of a user charge system in accordance with the
3acquiring district's ordinance, the Illinois Environmental
4Protection Act, and the federal Clean Water Act.
5    (h) All courts shall take judicial notice of the
6acquisition of the sanitary district being acquired or
7municipal treatment works by the acquiring sanitary district.
8(Source: P.A. 87-1060.)
 
9    Section 20. The Eminent Domain Act is amended by changing
10Section 15-5-15 as follows:
 
11    (735 ILCS 30/15-5-15)
12    Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
13through 75. The following provisions of law may include express
14grants of the power to acquire property by condemnation or
15eminent domain:
 
16(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
17    authorities; for public airport facilities.
18(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
19    authorities; for removal of airport hazards.
20(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
21    authorities; for reduction of the height of objects or
22    structures.
23(70 ILCS 10/4); Interstate Airport Authorities Act; interstate

 

 

SB1854 Engrossed- 34 -LRB099 11056 AWJ 31443 b

1    airport authorities; for general purposes.
2(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
3    Act; Kankakee River Valley Area Airport Authority; for
4    acquisition of land for airports.
5(70 ILCS 200/2-20); Civic Center Code; civic center
6    authorities; for grounds, centers, buildings, and parking.
7(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
8    Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
10    Exposition, Auditorium and Office Building Authority; for
11    grounds, centers, buildings, and parking.
12(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
13    Authority; for grounds, centers, buildings, and parking.
14(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
15    Center Authority; for grounds, centers, buildings, and
16    parking.
17(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
18    District Civic Center Authority; for grounds, centers,
19    buildings, and parking.
20(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
21    Authority; for grounds, centers, buildings, and parking.
22(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
23    Center Authority; for grounds, centers, buildings, and
24    parking.
25(70 ILCS 200/60-30); Civic Center Code; Collinsville
26    Metropolitan Exposition, Auditorium and Office Building

 

 

SB1854 Engrossed- 35 -LRB099 11056 AWJ 31443 b

1    Authority; for grounds, centers, buildings, and parking.
2(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
3    Center Authority; for grounds, centers, buildings, and
4    parking.
5(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
6    Exposition, Auditorium and Office Building Authority; for
7    grounds, centers, buildings, and parking.
8(70 ILCS 200/80-15); Civic Center Code; DuPage County
9    Metropolitan Exposition, Auditorium and Office Building
10    Authority; for grounds, centers, buildings, and parking.
11(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
12    Exposition, Auditorium and Office Building Authority; for
13    grounds, centers, buildings, and parking.
14(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
15    Exposition, Auditorium and Office Building Authority; for
16    grounds, centers, buildings, and parking.
17(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
18    Center Authority; for grounds, centers, buildings, and
19    parking.
20(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
21    Center Authority; for grounds, centers, buildings, and
22    parking.
23(70 ILCS 200/120-25); Civic Center Code; Jefferson County
24    Metropolitan Exposition, Auditorium and Office Building
25    Authority; for grounds, centers, buildings, and parking.
26(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

 

 

SB1854 Engrossed- 36 -LRB099 11056 AWJ 31443 b

1    Civic Center Authority; for grounds, centers, buildings,
2    and parking.
3(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
4    Metropolitan Exposition, Auditorium and Office Building
5    Authority; for grounds, centers, buildings, and parking.
6(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
7    Authority; for grounds, centers, buildings, and parking.
8(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
9    Center Authority; for grounds, centers, buildings, and
10    parking.
11(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
12    Civic Center Authority; for grounds, centers, buildings,
13    and parking.
14(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
15    Authority; for grounds, centers, buildings, and parking.
16(70 ILCS 200/165-35); Civic Center Code; Melrose Park
17    Metropolitan Exposition Auditorium and Office Building
18    Authority; for grounds, centers, buildings, and parking.
19(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
20    Exposition, Auditorium and Office Building Authorities;
21    for general purposes.
22(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
23    Authority; for grounds, centers, buildings, and parking.
24(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
25    Authority; for grounds, centers, buildings, and parking.
26(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

 

 

SB1854 Engrossed- 37 -LRB099 11056 AWJ 31443 b

1    Authority; for grounds, centers, buildings, and parking.
2(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
3    Authority; for grounds, centers, buildings, and parking.
4(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
5    Authority; for grounds, centers, buildings, and parking.
6(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
7    Authority; for grounds, centers, buildings, and parking.
8(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
9    Civic Center Authority; for grounds, centers, buildings,
10    and parking.
11(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
12    Exposition, Auditorium and Office Building Authority; for
13    grounds, centers, buildings, and parking.
14(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
15    Center Authority; for grounds, centers, buildings, and
16    parking.
17(70 ILCS 200/230-35); Civic Center Code; River Forest
18    Metropolitan Exposition, Auditorium and Office Building
19    Authority; for grounds, centers, buildings, and parking.
20(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
21    Authority; for grounds, centers, buildings, and parking.
22(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
23    Authority; for grounds, centers, buildings, and parking.
24(70 ILCS 200/255-20); Civic Center Code; Springfield
25    Metropolitan Exposition and Auditorium Authority; for
26    grounds, centers, and parking.

 

 

SB1854 Engrossed- 38 -LRB099 11056 AWJ 31443 b

1(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
2    Exposition, Auditorium and Office Building Authority; for
3    grounds, centers, buildings, and parking.
4(70 ILCS 200/265-20); Civic Center Code; Vermilion County
5    Metropolitan Exposition, Auditorium and Office Building
6    Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
8    Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
10    Center Authority; for grounds, centers, buildings, and
11    parking.
12(70 ILCS 200/280-20); Civic Center Code; Will County
13    Metropolitan Exposition and Auditorium Authority; for
14    grounds, centers, and parking.
15(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
16    Act; Metropolitan Pier and Exposition Authority; for
17    general purposes, including quick-take power.
18(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
19    soil and water conservation districts; for general
20    purposes.
21(70 ILCS 410/10 and 410/12); Conservation District Act;
22    conservation districts; for open space, wildland, scenic
23    roadway, pathway, outdoor recreation, or other
24    conservation benefits.
25(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
26    Redevelopment Commission Act; Chanute-Rantoul National

 

 

SB1854 Engrossed- 39 -LRB099 11056 AWJ 31443 b

1    Aviation Center Redevelopment Commission; for general
2    purposes.
3(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
4    Fort Sheridan Redevelopment Commission; for general
5    purposes or to carry out comprehensive or redevelopment
6    plans.
7(70 ILCS 520/8); Southwestern Illinois Development Authority
8    Act; Southwestern Illinois Development Authority; for
9    general purposes, including quick-take power.
10(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
11    drainage districts; for general purposes.
12(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
13    corporate authorities; for construction and maintenance of
14    works.
15(70 ILCS 705/10); Fire Protection District Act; fire protection
16    districts; for general purposes.
17(70 ILCS 750/20); Flood Prevention District Act; flood
18    prevention districts; for general purposes.
19(70 ILCS 805/6); Downstate Forest Preserve District Act;
20    certain forest preserve districts; for general purposes.
21(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
22    certain forest preserve districts; for recreational and
23    cultural facilities.
24(70 ILCS 810/8); Cook County Forest Preserve District Act;
25    Forest Preserve District of Cook County; for general
26    purposes.

 

 

SB1854 Engrossed- 40 -LRB099 11056 AWJ 31443 b

1(70 ILCS 810/38); Cook County Forest Preserve District Act;
2    Forest Preserve District of Cook County; for recreational
3    facilities.
4(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
5    districts; for hospitals or hospital facilities.
6(70 ILCS 915/3); Illinois Medical District Act; Illinois
7    Medical District Commission; for general purposes.
8(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
9    Medical District Commission; quick-take power for the
10    Illinois State Police Forensic Science Laboratory
11    (obsolete).
12(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
13    tuberculosis sanitarium districts; for tuberculosis
14    sanitariums.
15(70 ILCS 925/20); Mid-Illinois Medical District Act;
16    Mid-Illinois Medical District; for general purposes.
17(70 ILCS 930/20); Mid-America Medical District Act;
18    Mid-America Medical District Commission; for general
19    purposes.
20(70 ILCS 935/20); Roseland Community Medical District Act;
21    medical district; for general purposes.
22(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
23    abatement districts; for general purposes.
24(70 ILCS 1105/8); Museum District Act; museum districts; for
25    general purposes.
26(70 ILCS 1205/7-1); Park District Code; park districts; for

 

 

SB1854 Engrossed- 41 -LRB099 11056 AWJ 31443 b

1    streets and other purposes.
2(70 ILCS 1205/8-1); Park District Code; park districts; for
3    parks.
4(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
5    districts; for airports and landing fields.
6(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
7    districts; for State land abutting public water and certain
8    access rights.
9(70 ILCS 1205/11.1-3); Park District Code; park districts; for
10    harbors.
11(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
12    park districts; for street widening.
13(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
14    Act; park districts; for parks, boulevards, driveways,
15    parkways, viaducts, bridges, or tunnels.
16(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
17    park districts; for boulevards or driveways.
18(70 ILCS 1290/1); Park District Aquarium and Museum Act;
19    municipalities or park districts; for aquariums or
20    museums.
21(70 ILCS 1305/2); Park District Airport Zoning Act; park
22    districts; for restriction of the height of structures.
23(70 ILCS 1310/5); Park District Elevated Highway Act; park
24    districts; for elevated highways.
25(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
26    District; for parks and other purposes.

 

 

SB1854 Engrossed- 42 -LRB099 11056 AWJ 31443 b

1(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
2    District; for parking lots or garages.
3(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
4    District; for harbors.
5(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
6    Act; Lincoln Park Commissioners; for land and interests in
7    land, including riparian rights.
8(70 ILCS 1801/30); Alexander-Cairo Port District Act;
9    Alexander-Cairo Port District; for general purposes.
10(70 ILCS 1805/8); Havana Regional Port District Act; Havana
11    Regional Port District; for general purposes.
12(70 ILCS 1810/7); Illinois International Port District Act;
13    Illinois International Port District; for general
14    purposes.
15(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
16    Illinois Valley Regional Port District; for general
17    purposes.
18(70 ILCS 1820/4); Jackson-Union Counties Regional Port
19    District Act; Jackson-Union Counties Regional Port
20    District; for removal of airport hazards or reduction of
21    the height of objects or structures.
22(70 ILCS 1820/5); Jackson-Union Counties Regional Port
23    District Act; Jackson-Union Counties Regional Port
24    District; for general purposes.
25(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
26    Regional Port District; for removal of airport hazards.

 

 

SB1854 Engrossed- 43 -LRB099 11056 AWJ 31443 b

1(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
2    Regional Port District; for reduction of the height of
3    objects or structures.
4(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
5    Regional Port District; for removal of hazards from ports
6    and terminals.
7(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
8    Regional Port District; for general purposes.
9(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
10    Kaskaskia Regional Port District; for removal of hazards
11    from ports and terminals.
12(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
13    Kaskaskia Regional Port District; for general purposes.
14(70 ILCS 1831/30); Massac-Metropolis Port District Act;
15    Massac-Metropolis Port District; for general purposes.
16(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
17    Carmel Regional Port District; for removal of airport
18    hazards.
19(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
20    Carmel Regional Port District; for reduction of the height
21    of objects or structures.
22(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
23    Carmel Regional Port District; for general purposes.
24(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
25    District; for general purposes.
26(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

 

 

SB1854 Engrossed- 44 -LRB099 11056 AWJ 31443 b

1    Regional Port District; for removal of airport hazards.
2(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
3    Regional Port District; for reduction of the height of
4    objects or structures.
5(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
6    Regional Port District; for general purposes.
7(70 ILCS 1850/4); Shawneetown Regional Port District Act;
8    Shawneetown Regional Port District; for removal of airport
9    hazards or reduction of the height of objects or
10    structures.
11(70 ILCS 1850/5); Shawneetown Regional Port District Act;
12    Shawneetown Regional Port District; for general purposes.
13(70 ILCS 1855/4); Southwest Regional Port District Act;
14    Southwest Regional Port District; for removal of airport
15    hazards or reduction of the height of objects or
16    structures.
17(70 ILCS 1855/5); Southwest Regional Port District Act;
18    Southwest Regional Port District; for general purposes.
19(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
20    Regional Port District; for removal of airport hazards.
21(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
22    Regional Port District; for the development of facilities.
23(70 ILCS 1863/11); Upper Mississippi River International Port
24    District Act; Upper Mississippi River International Port
25    District; for general purposes.
26(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port

 

 

SB1854 Engrossed- 45 -LRB099 11056 AWJ 31443 b

1    District; for removal of airport hazards.
2(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
3    District; for restricting the height of objects or
4    structures.
5(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
6    District; for the development of facilities.
7(70 ILCS 1870/8); White County Port District Act; White County
8    Port District; for the development of facilities.
9(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
10    Terminal Authority (Chicago); for general purposes.
11(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
12    Act; Grand Avenue Railroad Relocation Authority; for
13    general purposes, including quick-take power (now
14    obsolete).
15(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act;
16    Elmwood Park Grade Separation Authority; for general
17    purposes.
18(70 ILCS 2105/9b); River Conservancy Districts Act; river
19    conservancy districts; for general purposes.
20(70 ILCS 2105/10a); River Conservancy Districts Act; river
21    conservancy districts; for corporate purposes.
22(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
23    districts; for corporate purposes.
24(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
25    districts; for improvements and works.
26(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary

 

 

SB1854 Engrossed- 46 -LRB099 11056 AWJ 31443 b

1    districts; for access to property.
2(70 ILCS 2305/8); North Shore Water Reclamation Sanitary
3    District Act; North Shore Water Reclamation Sanitary
4    District; for corporate purposes.
5(70 ILCS 2305/15); North Shore Water Reclamation Sanitary
6    District Act; North Shore Water Reclamation Sanitary
7    District; for improvements.
8(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
9    District of Decatur; for carrying out agreements to sell,
10    convey, or disburse treated wastewater to a private entity.
11(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
12    districts; for corporate purposes.
13(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
14    districts; for improvements.
15(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
16    1917; sanitary districts; for waterworks.
17(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
18    districts; for public sewer and water utility treatment
19    works.
20(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
21    districts; for dams or other structures to regulate water
22    flow.
23(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
24    Metropolitan Water Reclamation District; for corporate
25    purposes.
26(70 ILCS 2605/16); Metropolitan Water Reclamation District

 

 

SB1854 Engrossed- 47 -LRB099 11056 AWJ 31443 b

1    Act; Metropolitan Water Reclamation District; quick-take
2    power for improvements.
3(70 ILCS 2605/17); Metropolitan Water Reclamation District
4    Act; Metropolitan Water Reclamation District; for bridges.
5(70 ILCS 2605/35); Metropolitan Water Reclamation District
6    Act; Metropolitan Water Reclamation District; for widening
7    and deepening a navigable stream.
8(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
9    districts; for corporate purposes.
10(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
11    districts; for improvements.
12(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
13    sanitary districts; for drainage systems.
14(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
15    districts; for dams or other structures to regulate water
16    flow.
17(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
18    districts; for water supply.
19(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
20    districts; for waterworks.
21(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
22    Metro-East Sanitary District; for corporate purposes.
23(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
24    Metro-East Sanitary District; for access to property.
25(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
26    districts; for sewerage systems.

 

 

SB1854 Engrossed- 48 -LRB099 11056 AWJ 31443 b

1(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
2    Illinois Sports Facilities Authority; quick-take power for
3    its corporate purposes (obsolete).
4(70 ILCS 3405/16); Surface Water Protection District Act;
5    surface water protection districts; for corporate
6    purposes.
7(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
8    Transit Authority; for transportation systems.
9(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
10    Transit Authority; for general purposes.
11(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
12    Transit Authority; for general purposes, including
13    railroad property.
14(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
15    local mass transit districts; for general purposes.
16(70 ILCS 3615/2.13); Regional Transportation Authority Act;
17    Regional Transportation Authority; for general purposes.
18(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
19    water districts; for waterworks.
20(70 ILCS 3705/23a); Public Water District Act; public water
21    districts; for sewerage properties.
22(70 ILCS 3705/23e); Public Water District Act; public water
23    districts; for combined waterworks and sewerage systems.
24(70 ILCS 3715/6); Water Authorities Act; water authorities; for
25    facilities to ensure adequate water supply.
26(70 ILCS 3715/27); Water Authorities Act; water authorities;

 

 

SB1854 Engrossed- 49 -LRB099 11056 AWJ 31443 b

1    for access to property.
2(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
3    trustees; for library buildings.
4(75 ILCS 16/30-55.80); Public Library District Act of 1991;
5    public library districts; for general purposes.
6(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
7    authorities of city or park district, or board of park
8    commissioners; for free public library buildings.
9(Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12;
10incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.

 

 

SB1854 Engrossed- 50 -LRB099 11056 AWJ 31443 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 460/10
4    70 ILCS 2305/Act title
5    70 ILCS 2305/0.1from Ch. 42, par. 276.99
6    70 ILCS 2305/0.5 new
7    70 ILCS 2305/4from Ch. 42, par. 280
8    70 ILCS 2305/7.6 new
9    70 ILCS 2305/7.7 new
10    70 ILCS 2305/11from Ch. 42, par. 287
11    70 ILCS 2305/18.5 new
12    70 ILCS 2305/31 new
13    70 ILCS 2405/17.1from Ch. 42, par. 316.1
14    735 ILCS 30/15-5-15