|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2825 Introduced 2/17/2016, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
| 50 ILCS 460/10 | | 70 ILCS 2305/0.1 | from Ch. 42, par. 276.99 | 70 ILCS 2305/0.5 new | | 70 ILCS 2305/3 | from Ch. 42, par. 279 | 70 ILCS 2305/4 | from Ch. 42, par. 280 | 70 ILCS 2305/7.6 new | | 70 ILCS 2305/7.7 new | | 70 ILCS 2305/11 | from Ch. 42, par. 287 | 70 ILCS 2305/18.5 new | | 70 ILCS 2305/31 new | | 70 ILCS 2405/17.1 | from Ch. 42, par. 316.1 | 735 ILCS 30/15-5-15 | |
|
Amends the North Shore Sanitary District Act. Changes the title of the Act from the North Shore Sanitary District Act to the North Shore Water Reclamation District Act. Provides that the board may enact ordinances regarding rates or charges for the treatment and disposal of sewage and surface or ground water. Allows the board to impose civil fines, liens, and declare a nuisance regarding unlawful discharge of waste into the sewerage system or any sewer tributary. Provides that the sanitary district may sell, dispose of, or otherwise expend recovered resources and renewable energy resources and may construct, maintain, finance, and operate facilities necessary for this purpose. Further provides that the sanitary district may capture recovered resources and produce renewable energy resources from materials previously discarded. Amends the Special Assessment Supplemental Bond and Procedures Act, the Sanitary District Act of 1917, and the Eminent Domain Act making conforming changes. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | SB2825 | | LRB099 20674 AWJ 45292 b |
|
|
1 | | AN ACT concerning local government.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Special Assessment Supplemental Bond and |
5 | | Procedures 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 |
8 | | context or usage clearly indicates otherwise:
|
9 | | "Governing body" means the legislative body, council, |
10 | | board,
commission, trustees, or any other body by whatever name |
11 | | it is
known having charge of the corporate affairs of a |
12 | | governmental
unit.
|
13 | | "Governmental unit" means a county, township, |
14 | | municipality,
municipal corporation, unit of local government, |
15 | | or a special
district, by whatever name known, authorized by |
16 | | any special
assessment law to make local improvements by |
17 | | special assessment.
|
18 | | "Special assessment bond" means any instrument evidencing |
19 | | the
obligation to pay money authorized or issued by or on |
20 | | behalf of a
governmental unit under a special assessment law or |
21 | | under this
Act, being payable from assessments made under a |
22 | | special
assessment law, and when applicable, as supplemented by |
23 | | this Act.
|
|
| | SB2825 | - 2 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | "Special assessment law" means any law of the State of |
2 | | Illinois
authorizing governmental units to make local |
3 | | improvements payable
wholly or in part by special assessment, |
4 | | and includes, without
limitation, Division 2 of Article 9 of |
5 | | the Illinois Municipal
Code, Division 5-32 of Article 5 of the |
6 | | Counties Code, Section 21
of the North Shore Water Reclamation |
7 | | Sanitary District Act, Section 19 of the
Sanitary District Act |
8 | | of 1917, Sections 22a.1 through 22a.55 of
the Sanitary District |
9 | | Act of 1917, and Section 28 of the Sanitary
District Act of |
10 | | 1936.
|
11 | | "Special assessment proceeding" means the proceeding by |
12 | | any
governmental unit under a special assessment law to provide |
13 | | for
the making of a specific local improvement by special |
14 | | assessment.
|
15 | | "Special assessment ordinance" means an ordinance, or when
|
16 | | applicable a resolution, as provided for by any special
|
17 | | assessment law by which the governing body institutes, calls |
18 | | for,
or provides for the making of a local improvement to be |
19 | | paid by
the imposition of a special assessment pursuant to such |
20 | | special
assessment law.
|
21 | | "Supplemental Act Assessment Bonds" are those special |
22 | | assessment
bonds issued under Section 100 of this Act.
|
23 | | "Voucher" means any voucher issued under a special |
24 | | assessment law
for work done in connection with the making of a |
25 | | local
improvement.
|
26 | | (Source: P.A. 90-480, eff. 8-17-97.)
|
|
| | SB2825 | - 3 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | Section 10. The North Shore Sanitary District Act is |
2 | | amended by changing Sections 0.1, 3, 4, and 11 and by adding |
3 | | Sections 0.5, 7.6, 7.7, 18.5, and 31 as follows:
|
4 | | (70 ILCS 2305/0.1) (from Ch. 42, par. 276.99)
|
5 | | Sec. 0.1.
This Act shall be known and may be cited as the |
6 | | "North Shore Water Reclamation
Sanitary District Act".
|
7 | | (Source: P.A. 77-699.)
|
8 | | (70 ILCS 2305/0.5 new) |
9 | | Sec. 0.5. Sanitary district references. On and after the |
10 | | date the sanitary district renames itself under Section 4 of |
11 | | this Act, any references to "sanitary district" in this Act |
12 | | shall mean "water reclamation district".
|
13 | | (70 ILCS 2305/3) (from Ch. 42, par. 279)
|
14 | | Sec. 3. Election of trustees; terms. The corporate |
15 | | authority of the North Shore Water Reclamation Sanitary |
16 | | District
shall consist of 5 trustees.
|
17 | | Within 20 days after the adoption of the Act, as provided |
18 | | in Section
1, the county governing body shall proceed to divide |
19 | | the sanitary
district into 5 wards for the purpose of electing |
20 | | trustees. One trustee shall
be elected for each ward on the |
21 | | date of the next regular county election. In
each sanitary |
22 | | district organized pursuant to the provisions of this Act prior
|
|
| | SB2825 | - 4 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | to the effective date of this amendatory Act of 1975, one |
2 | | trustee shall be
elected for each ward on the date of the |
3 | | regular county election in the year
1976. However, the |
4 | | population in no one ward shall be less than 1/6 of the
|
5 | | population of the whole district and the territory in each of |
6 | | the wards
shall be composed of contiguous territory in as |
7 | | compact form as
practicable. A portion of each ward shall abut |
8 | | the west shore of Lake
Michigan and the boundaries of the |
9 | | respective wards shall coincide with
precinct boundaries and |
10 | | the boundaries of existing municipalities as
nearly as |
11 | | practicable. In the year 1981, and every 10 years thereafter,
|
12 | | the sanitary district board of trustees shall reapportion the |
13 | | district, so that
the respective wards shall conform as nearly |
14 | | as practicable with the above
requirements as to population, |
15 | | shape and territory.
|
16 | | All trustees
elected from 1994 through 2011 shall assume |
17 | | office on the first Monday in
December following the general |
18 | | election. All trustees elected in 2012 or thereafter shall |
19 | | assume office on the second Wednesday in December following the |
20 | | general election.
|
21 | | In the year 1982, and every 10 years thereafter, following |
22 | | each
decennial Federal census, all 5 trustees shall be elected. |
23 | | Immediately
following each decennial redistricting, the |
24 | | sanitary district board of
trustees shall be randomly divided |
25 | | into 2 groups, one of which shall consist of 3
wards and the |
26 | | other shall consist of 2 wards. A random process shall again be |
|
| | SB2825 | - 5 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | used to determine which trustees from one group shall
serve |
2 | | terms of 4 years, 4 years and 2 years; and which trustees from |
3 | | the other group
shall serve terms of 2 years, 4 years and 4 |
4 | | years.
|
5 | | Each of the trustees, upon entering the duties of their |
6 | | respective offices, shall execute a bond with security, in the |
7 | | amount and form to be approved by the corporate authorities, |
8 | | payable to the district, in the penal sum of not less than |
9 | | $250,000.00, as directed by resolution or ordinance, |
10 | | conditioned upon the faithful performance of the duties of the |
11 | | office. Each bond shall be filed with and preserved by the |
12 | | board secretary.
|
13 | | When a vacancy exists in the office of trustees of any |
14 | | sanitary
district organized under the provisions of this Act, |
15 | | the vacancy shall
be filled by appointment by the president of |
16 | | the sanitary district board
of trustees, with the advice and |
17 | | consent of the sanitary district board of
trustees, until the |
18 | | next regular election at which trustees of the sanitary
|
19 | | district are elected, and shall be made a matter of record in |
20 | | the office of the
county clerk in the county in which the |
21 | | district is located.
|
22 | | A majority of the board of trustees shall constitute a |
23 | | quorum, but a
smaller number may adjourn from day to day. No |
24 | | trustee or employee of
the district shall be directly or |
25 | | indirectly interested in any
contract, work or business of the |
26 | | district, or the sale of any article,
the expense, price or |
|
| | SB2825 | - 6 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | consideration of which is paid by the district;
nor in the |
2 | | purchase of any real estate or other property belonging to
the |
3 | | district, or which shall be sold for taxes or assessments, or |
4 | | by
virtue of legal process at the suit of the district. The |
5 | | trustees have
the power to provide and adopt a corporate seal |
6 | | for the district.
|
7 | | (Source: P.A. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
|
8 | | (70 ILCS 2305/4) (from Ch. 42, par. 280)
|
9 | | Sec. 4. Board of trustees; powers; compensation. The |
10 | | trustees shall
constitute a board of trustees for the district.
|
11 | | The board of trustees is the corporate authority of the |
12 | | district, and
shall exercise all the powers and manage and |
13 | | control all the affairs and
property of the district. The board |
14 | | shall elect a president and
vice-president from among their own |
15 | | number. In case of the death,
resignation, absence from the |
16 | | state, or other disability of the
president, the powers, duties |
17 | | and emoluments of the office of the
president shall devolve |
18 | | upon the vice-president, until the disability
is removed or |
19 | | until a successor to the president is appointed and chosen
in |
20 | | the manner provided in this Act. The board may select a |
21 | | secretary,
treasurer, executive director, and attorney, and |
22 | | may provide
by ordinance for the employment of other employees |
23 | | as
the board may deem necessary for the municipality. The board |
24 | | may appoint
such other officers and hire such employees to |
25 | | manage and control the
operations of the district as it deems |
|
| | SB2825 | - 7 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | necessary; provided, however, that the
board shall not employ |
2 | | an individual as a wastewater operator whose Certificate
of |
3 | | Technical Competency is suspended or revoked under rules |
4 | | adopted by the
Pollution Control Board under item (4) of |
5 | | subsection (a) of Section 13 of the
Environmental Protection |
6 | | Act. All employees
selected by the board shall hold their |
7 | | respective offices during the
pleasure of the board, and give |
8 | | such bond as may be required by the
board. The board may |
9 | | prescribe the duties and fix the compensation of
all the |
10 | | officers and employees of the sanitary district. However, the
|
11 | | president of the board of trustees shall not receive more than |
12 | | $10,000 per
year and the other members of the board shall not |
13 | | receive more than $7,000
per year. However, beginning with the |
14 | | commencement of the new term of each
board member in 1993, the |
15 | | president shall not receive more than $11,000 per
year and each |
16 | | other member of the board shall not receive more than $8,000
|
17 | | per year. Beginning with the commencement of the first new term |
18 | | after the effective date of this amendatory Act of the 95th |
19 | | General Assembly, the president of the board shall not receive |
20 | | more than $14,000 per year, and each other member of the board |
21 | | shall not receive more than $11,000 per year. The board of |
22 | | trustees has full power to pass all necessary
ordinances, rules |
23 | | and regulations for the proper management and conduct of
the |
24 | | business of the board and of the corporation, and for carrying |
25 | | into
effect the objects for which the sanitary district was |
26 | | formed. The
ordinances may provide for a fine for each offense |
|
| | SB2825 | - 8 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | of not less than $100 or
more than $1,000. Each day's |
2 | | continuance of a violation shall be a
separate offense. Fines |
3 | | under this Section are recoverable by the sanitary
district in |
4 | | a civil action. The sanitary district is authorized to apply
to |
5 | | the circuit court for injunctive relief or mandamus when, in |
6 | | the opinion
of the chief administrative officer, the relief is |
7 | | necessary
to protect the sewerage system of the sanitary |
8 | | district.
|
9 | | The board of trustees shall have the authority to change |
10 | | the name of the District, by ordinance, to the North Shore |
11 | | Water Reclamation District. Any such name change shall not |
12 | | impair the legal status of any act by the sanitary district. If |
13 | | an ordinance is passed pursuant to this paragraph, all |
14 | | provisions of this Act shall apply to the newly renamed |
15 | | district . No rights, duties, or privilege of such sanitary |
16 | | district or of any person existing before the change of name |
17 | | shall be affected by the change in the name of the sanitary |
18 | | district. All proceedings pending in any court relating to such |
19 | | sanitary district may continue to final consummation under the |
20 | | name in which they were commenced .
|
21 | | (Source: P.A. 98-162, eff. 8-2-13.)
|
22 | | (70 ILCS 2305/7.6 new) |
23 | | Sec. 7.6. Rates for treatment and disposal of sewage and |
24 | | surface or ground water. The board of trustees shall have the |
25 | | authority by ordinance to establish, revise, and maintain rates |
|
| | SB2825 | - 9 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | or charges for the treatment and disposal of sewage and surface |
2 | | or ground water. Any user charge, industrial waste surcharge, |
3 | | or industrial cost recovery charge imposed by the sanitary |
4 | | district, together with all penalties, interest, and costs |
5 | | imposed in connection therewith, shall be liens against the |
6 | | real estate which receives the service or benefit for which the |
7 | | charges are being imposed; provided, however, such liens shall |
8 | | not attach to such real estate until such charges or rates have |
9 | | become delinquent as provided by the ordinance of the sanitary |
10 | | district and provided further, that nothing in this Section |
11 | | shall be construed to give the sanitary district a preference |
12 | | over the rights of any purchaser, mortgagee, judgment creditor, |
13 | | or other lien holder arising prior to the filing in the office |
14 | | of the recorder of the county in which real estate is located |
15 | | of notice of the lien, which notice shall consist of a sworn |
16 | | statement setting out (1) a description of the real estate for |
17 | | which the service or the benefit was rendered sufficient to |
18 | | identify the real estate, (2) the amount or amounts of money |
19 | | due for such service or benefit, and (3) the date or dates when |
20 | | such amount or amounts became delinquent. The sanitary district |
21 | | shall have the power to foreclose such lien in the same manner |
22 | | and with the same effect as in the foreclosure of mortgages on |
23 | | real estate. |
24 | | The assertion of liens against real estate by the sanitary |
25 | | district to secure payment of user charges, industrial waste |
26 | | surcharges, or industrial cost recovery charges imposed by the |
|
| | SB2825 | - 10 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | sanitary district as indicated in the previous paragraph shall |
2 | | be in addition to any other remedy or right of recovery which |
3 | | the sanitary district may have with respect to the collection |
4 | | or recovery of such charges imposed by the sanitary district. |
5 | | Judgment in a civil action brought by the sanitary district to |
6 | | recover or collect such charges shall not operate as a release |
7 | | and waiver of the lien upon the real estate for the amount of |
8 | | the judgment. Only satisfaction of the judgment or the filing |
9 | | of a release or satisfaction of lien shall release said lien. |
10 | | The lien for charges on account of services or benefits |
11 | | provided for in this Section and the rights created hereunder |
12 | | shall be in addition to the lien upon real estate created by |
13 | | and imposed for general real estate taxes. |
14 | | (70 ILCS 2305/7.7 new) |
15 | | Sec. 7.7. Discharge into sewers of the sanitary district. |
16 | | (a) As used in this Section: |
17 | | "Executive director" means the executive director of the |
18 | | sanitary district. |
19 | | "Industrial wastes" means all solids, liquids, or gaseous |
20 | | wastes resulting from any commercial, industrial, |
21 | | manufacturing, agricultural, trade, or business operation or |
22 | | process, or from the development, recovery, or processing of |
23 | | natural resources. |
24 | | "Other wastes" means decayed wood, sawdust, shavings, |
25 | | bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, |
|
| | SB2825 | - 11 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | and all other substances except sewage and industrial wastes. |
2 | | "Person" means any individual, firm, association, joint |
3 | | venture, sole proprietorship, company, partnership, estate |
4 | | copartnership, corporation, joint stock company, trust, school |
5 | | district, unit of local government, or private corporation |
6 | | organized or existing under the laws of this or any other state |
7 | | or country. |
8 | | "Sewage" means water-carried human wastes or a combination |
9 | | of water-carried wastes from residences, buildings, |
10 | | businesses, industrial establishments, institutions, or other |
11 | | places together with any ground, surface, storm, or other water |
12 | | that may be present. |
13 | | (b) It shall be unlawful for any person to discharge |
14 | | sewage, industrial waste, or other wastes into the sewerage |
15 | | system of the sanitary district or into any sewer tributary |
16 | | therewith, except upon the terms and conditions that the |
17 | | sanitary district might reasonably impose by way of ordinance, |
18 | | permit, rule, or regulation. |
19 | | The sanitary district, in addition to all other powers |
20 | | vested in it and in the interest of public health and safety, |
21 | | or as authorized by subsections (b) and (c) of Section 46 of |
22 | | the Environmental Protection Act, is hereby empowered to pass |
23 | | all ordinances, rules, or regulations necessary to implement |
24 | | this Section, including, but not limited to, the imposition of |
25 | | charges based on factors that influence the cost of treatment, |
26 | | including strength and volume, and including the right of |
|
| | SB2825 | - 12 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | access during reasonable hours to the premises of a person for |
2 | | enforcement of adopted ordinances, rules, or regulations. |
3 | | (c) Whenever the sanitary district, acting through the |
4 | | executive director, determines that sewage, industrial wastes, |
5 | | or other wastes are being discharged into the sewerage system |
6 | | and when, in the opinion of the executive director, the |
7 | | discharge is in violation of an ordinance, rules, or |
8 | | regulations adopted by the board of trustees under this Section |
9 | | governing industrial wastes or other wastes, the executive |
10 | | director shall order the offending party to cease and desist. |
11 | | The order shall be served by certified mail or personally on |
12 | | the owner, officer, registered agent, or individual designated |
13 | | by permit. |
14 | | In the event the offending party fails or refuses to |
15 | | discontinue the discharge within 90 days after notification of |
16 | | the cease and desist order, the executive director may order |
17 | | the offending party to show cause before the board of trustees |
18 | | of the sanitary district why the discharge should not be |
19 | | discontinued. A notice shall be served on the offending party |
20 | | directing him, her, or it to show cause before the board of |
21 | | trustees why an order should not be entered directing the |
22 | | discontinuance of the discharge. The notice shall specify the |
23 | | time and place where a hearing will be held and shall be served |
24 | | personally or by registered or certified mail at least 10 days |
25 | | before the hearing; and, in the case of a unit of local |
26 | | government or a corporation, the service shall be upon an |
|
| | SB2825 | - 13 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | officer or agent thereof. After reviewing the evidence, the |
2 | | board of trustees may issue an order to the party responsible |
3 | | for the discharge, directing that within a specified period of |
4 | | time the discharge be discontinued. The board of trustees may |
5 | | also order the party responsible for the discharge to pay a |
6 | | civil penalty in an amount specified by the board of trustees |
7 | | that is not less than $1,000 nor more than $2,000 per day for |
8 | | each day of discharge of effluent in violation of this Act as |
9 | | provided in subsection (d). The board of trustees may also |
10 | | order the party responsible for the violation to pay court |
11 | | reporter costs and hearing officer fees in an amount not |
12 | | exceeding $3,000. |
13 | | (d) The board of trustees shall establish procedures for |
14 | | assessing civil penalties and issuing orders under subsection |
15 | | (c) as follows: |
16 | | (1) In making its orders and determinations, the board |
17 | | of trustees shall take into consideration all the facts and |
18 | | circumstances bearing on the activities involved and the |
19 | | assessment of civil penalties as shown by the record |
20 | | produced at the hearing. |
21 | | (2) The board of trustees shall establish a panel of |
22 | | one or more independent hearing officers to conduct all |
23 | | hearings on the assessment of civil penalties and issuance |
24 | | of orders under subsection (c). All hearing officers shall |
25 | | be attorneys licensed to practice law in this State. |
26 | | (3) The board of trustees shall promulgate procedural |
|
| | SB2825 | - 14 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | rules governing the proceedings, the assessment of civil |
2 | | penalties, and the issuance of orders. |
3 | | (4) All hearings shall be on the record, and testimony |
4 | | taken must be under oath and recorded stenographically. |
5 | | Transcripts so recorded must be made available to any |
6 | | member of the public or any party to the hearing upon |
7 | | payment of the usual charges for transcripts. At the |
8 | | hearing, the hearing officer may issue, in the name of the |
9 | | board of trustees, notices of hearing requesting the |
10 | | attendance and testimony of witnesses, the production of |
11 | | evidence relevant to any matter involved in the hearing, |
12 | | and may examine witnesses. |
13 | | (5) The hearing officer shall conduct a full and |
14 | | impartial hearing on the record, with an opportunity for |
15 | | the presentation of evidence and cross-examination of the |
16 | | witnesses. The hearing officer shall issue findings of |
17 | | fact, conclusions of law, a recommended civil penalty, and |
18 | | an order based solely on the record. The hearing officer |
19 | | may also recommend, as part of the order, that the |
20 | | discharge of industrial waste be discontinued within a |
21 | | specified time. |
22 | | (6) The findings of fact, conclusions of law, |
23 | | recommended civil penalty, and order shall be transmitted |
24 | | to the board of trustees along with a complete record of |
25 | | the hearing. |
26 | | (7) The board of trustees shall either approve or |
|
| | SB2825 | - 15 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | disapprove the findings of fact, conclusions of law, |
2 | | recommended civil penalty, and order. If the findings of |
3 | | fact, conclusions of law, recommended civil penalty, or |
4 | | order are rejected, the board of trustees shall remand the |
5 | | matter to the hearing officer for further proceedings. If |
6 | | the order is accepted by the board of trustees, it shall |
7 | | constitute the final order of the board of trustees. |
8 | | (8) The civil penalty specified by the board of |
9 | | trustees shall be paid within 35 days after the party on |
10 | | whom it is imposed receives a written copy of the order of |
11 | | the board of trustees, unless the person or persons to whom |
12 | | the order is issued seeks judicial review. |
13 | | (9) If a person seeks judicial review of the order |
14 | | assessing civil penalties, the person shall, within 35 days |
15 | | after the date of the final order, pay the amount of the |
16 | | civil penalties into an escrow account maintained by the |
17 | | sanitary district for that purpose or file a bond |
18 | | guaranteeing payment of the civil penalties if the civil |
19 | | penalties are upheld on review. |
20 | | (10) Civil penalties not paid by the times specified |
21 | | above shall be delinquent and subject to a lien recorded |
22 | | against the property of the person ordered to pay the |
23 | | penalty. The foregoing provisions for asserting liens |
24 | | against real estate by the sanitary district shall be in |
25 | | addition to any other remedy or right of recovery that the |
26 | | sanitary district may have with respect to the collection |
|
| | SB2825 | - 16 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | or recovery of penalties and charges imposed by the |
2 | | sanitary district. Judgment in a civil action brought by |
3 | | the sanitary district to recover or collect the charges |
4 | | shall not operate as a release and waiver of the lien upon |
5 | | the real estate for the amount of the judgment. Only |
6 | | satisfaction of the judgment or the filing of a release or |
7 | | satisfaction of lien shall release the lien. |
8 | | (e) The executive director may order a person to cease the |
9 | | discharge of industrial waste upon a finding by the executive |
10 | | director that the final order of the board of trustees entered |
11 | | after a hearing to show cause has been violated. The executive |
12 | | director shall serve the person with a copy of his or her order |
13 | | either by certified mail or personally by serving the owner, |
14 | | officer, registered agent, or individual designated by permit. |
15 | | The order of the executive director shall also schedule an |
16 | | expedited hearing before a hearing officer designated by the |
17 | | board of trustees for the purpose of determining whether the |
18 | | person has violated the final order of the board of trustees. |
19 | | The board of trustees shall adopt rules of procedure governing |
20 | | expedited hearings. In no event shall the hearing be conducted |
21 | | less than 7 days after service of the executive director's |
22 | | order. |
23 | | At the conclusion of the expedited hearing, the hearing |
24 | | officer shall prepare a report with his or her findings and |
25 | | recommendations and transmit it to the board of trustees. If |
26 | | the board of trustees, after reviewing the findings and |
|
| | SB2825 | - 17 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | recommendations, and the record produced at the hearing, |
2 | | determines that the person has violated the board of trustees' |
3 | | final order, the board of trustees may authorize the plugging |
4 | | of the sewer. The executive director shall give not less than |
5 | | 10 days' written notice of the board of trustees' order to the |
6 | | owner, officer, registered agent, or individual designated by |
7 | | permit, as well as the owner of record of the real estate and |
8 | | other parties known to be affected, that the sewer will be |
9 | | plugged. |
10 | | The foregoing provision for plugging a sewer shall be in |
11 | | addition to any other remedy that the sanitary district may |
12 | | have to prevent violation of its ordinances and orders of its |
13 | | board of trustees. |
14 | | (f) A violation of the final order of the board of trustees |
15 | | shall be considered a nuisance. If any person discharges |
16 | | sewage, industrial wastes, or other wastes into any waters |
17 | | contrary to the final order of the board of trustees, the |
18 | | sanitary district, acting through the executive director, has |
19 | | the power to commence an action or proceeding in the circuit |
20 | | court in and for the county in which the sanitary district is |
21 | | located for the purpose of having the discharge stopped either |
22 | | by mandamus or injunction, or to remedy the violation in any |
23 | | manner provided for in this Section. |
24 | | The court shall specify a time, not exceeding 20 days after |
25 | | the service of the copy of the complaint, in which the party |
26 | | complained of must plead to the complaint, and in the meantime, |
|
| | SB2825 | - 18 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | the party may be restrained. In case of default or after |
2 | | pleading, the court shall immediately inquire into the facts |
3 | | and circumstances of the case and enter an appropriate judgment |
4 | | in respect to the matters complained of. Appeals may be taken |
5 | | as in other civil cases. |
6 | | (g) The sanitary district, acting through the executive |
7 | | director, has the power to commence an action or proceeding for |
8 | | mandamus or injunction in the circuit court ordering a person |
9 | | to cease its discharge, when, in the opinion of the executive |
10 | | director, the person's discharge presents an imminent danger to |
11 | | the public health, welfare, or safety; presents or may present |
12 | | an endangerment to the environment; or threatens to interfere |
13 | | with the operation of the sewerage system or a water |
14 | | reclamation plant under the jurisdiction of the sanitary |
15 | | district. The initiation of a show cause hearing is not a |
16 | | prerequisite to the commencement by the sanitary district of an |
17 | | action or proceeding for mandamus or injunction in the circuit |
18 | | court. The court shall specify a time, not exceeding 20 days |
19 | | after the service of a copy of the petition, in which the party |
20 | | complained of must answer the petition, and in the meantime, |
21 | | the party may be restrained. In case of default in answer or |
22 | | after answer, the court shall immediately inquire into the |
23 | | facts and circumstances of the case and enter an appropriate |
24 | | judgment order in respect to the matters complained of. An |
25 | | appeal may be taken from the final judgment in the same manner |
26 | | and with the same effect as appeals are taken from judgment of |
|
| | SB2825 | - 19 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | the circuit court in other actions for mandamus or injunction. |
2 | | (h) Whenever the sanitary district commences an action |
3 | | under subsection (f) of this Section, the court shall assess a |
4 | | civil penalty of not less than $1,000 nor more than $10,000 for |
5 | | each day the person violates the board of trustees' order. |
6 | | Whenever the sanitary district commences an action under |
7 | | subsection (g) of this Section, the court shall assess a civil |
8 | | penalty of not less than $1,000 nor more than $10,000 for each |
9 | | day the person violates the ordinance. Each day's continuance |
10 | | of the violation is a separate offense. The penalties provided |
11 | | in this Section plus interest at the rate set forth in the |
12 | | Interest Act on unpaid penalties, costs, and fees, imposed by |
13 | | the board of trustees under subsection (d); the reasonable |
14 | | costs to the sanitary district of removal or other remedial |
15 | | action caused by discharges in violation of this Act; |
16 | | reasonable attorney's fees; court costs; other expenses of |
17 | | litigation; and costs for inspection, sampling, analysis, and |
18 | | administration related to the enforcement action against the |
19 | | offending party are recoverable by the sanitary district in a |
20 | | civil action. |
21 | | (i) The board of trustees may establish fees for late |
22 | | filing of reports with the sanitary district required by an |
23 | | ordinance governing discharges. The sanitary district shall |
24 | | provide by certified mail a written notice of the fee |
25 | | assessment that states the person has 30 days after the receipt |
26 | | of the notice to request a conference with the executive |
|
| | SB2825 | - 20 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | director's designee to discuss or dispute the appropriateness |
2 | | of the assessed fee. Unless a person objects to paying the fee |
3 | | for filing a report late by timely requesting in writing a |
4 | | conference with a designee of the executive director, that |
5 | | person waives his or her right to a conference and the sanitary |
6 | | district may impose a lien recorded against the property of the |
7 | | person for the amount of the unpaid fee. |
8 | | If a person requests a conference and the matter is not |
9 | | resolved at the conference, the person subject to the fee may |
10 | | request an administrative hearing before an impartial hearing |
11 | | officer appointed under subsection (d) to determine the |
12 | | person's liability for and the amount of the fee.
If the |
13 | | hearing officer finds that the late filing fees are owed to the |
14 | | sanitary district, the sanitary district shall notify the |
15 | | responsible person or persons of the hearing officer's |
16 | | decision. If payment is not made within 30 days after the |
17 | | notice, the sanitary district may impose a lien on the property |
18 | | of the person or persons. |
19 | | Any liens filed under this subsection shall apply only to |
20 | | the property to which the late filing fees are related. A claim |
21 | | for lien shall be filed in the office of the recorder of the |
22 | | county in which the property is located. The filing of a claim |
23 | | for lien by the sanitary district does not prevent the sanitary |
24 | | district from pursuing other means for collecting late filing |
25 | | fees. If a claim for lien is filed, the sanitary district shall |
26 | | notify the person whose property is subject to the lien, and |
|
| | SB2825 | - 21 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | the person may challenge the lien by filing an action in the |
2 | | circuit court. The action shall be filed within 90 days after |
3 | | the person receives the notice of the filing of the claim for |
4 | | lien. The court shall hear evidence concerning the underlying |
5 | | reasons for the lien only if an administrative hearing has not |
6 | | been held under this subsection. |
7 | | (j) To be effective service under this Section, a demand or |
8 | | order sent by certified or registered mail to the last known |
9 | | address need not be received by the offending party. Service of |
10 | | the demand or order by registered or certified mail shall be |
11 | | deemed effective upon deposit in the United States mail with |
12 | | proper postage prepaid and addressed as provided in this |
13 | | Section. |
14 | | (k) The provisions of the Administrative Review Law and all |
15 | | amendments and rules adopted pursuant to that Law apply to and |
16 | | govern all proceedings for the judicial review of final |
17 | | administrative decisions of the board of trustees in the |
18 | | enforcement of any ordinance, rule, or regulation adopted under |
19 | | this Act. The cost of preparing the record on appeal shall be |
20 | | paid by the person seeking a review of an order or action |
21 | | pursuant to the Administrative Review Law. |
22 | | (l) The provisions of this Section are severable under |
23 | | Section 1.31 of the Statute on Statutes.
|
24 | | (70 ILCS 2305/11) (from Ch. 42, par. 287)
|
25 | | Sec. 11. Except as otherwise provided in this Section, all |
|
| | SB2825 | - 22 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | contracts
for purchases or sales by the municipality, the |
2 | | expense of which will exceed
the mandatory competitive bid |
3 | | threshold, shall be let to the
lowest responsible bidder |
4 | | therefor upon not less
than 14 days' public notice of the terms |
5 | | and conditions upon which the contract
is to be let, having |
6 | | been given by publication in a newspaper of general
circulation |
7 | | published in the district, and the board may reject any and all
|
8 | | bids and readvertise. In determining the lowest responsible |
9 | | bidder, the board
shall take into consideration the qualities |
10 | | and serviceability of the articles
supplied, their conformity |
11 | | with specifications, their suitability to the
requirements of |
12 | | the district, the availability of support services, the
|
13 | | uniqueness of the service, materials, equipment, or supplies as |
14 | | it applies to
network integrated computer systems, the |
15 | | compatibility of the service,
materials, equipment or supplies |
16 | | with existing equipment, and the delivery
terms. Contracts for |
17 | | services in excess of the mandatory competitive bid
threshold |
18 | | may, subject to the
provisions of this Section, be let by |
19 | | competitive bidding at the discretion of
the district board of |
20 | | trustees. All contracts for purchases or sales that
will not |
21 | | exceed the mandatory competitive bid threshold may be made in |
22 | | the open market without publication in a
newspaper as above |
23 | | provided, but whenever practical shall be based on at least
3 |
24 | | competitive bids. For purposes of this Section, the "mandatory |
25 | | competitive
bid threshold"
is a dollar amount equal to 0.1% of |
26 | | the total general fixed
assets of the district as reported in |
|
| | SB2825 | - 23 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | the most recent required audit report.
In
no event, however, |
2 | | shall the mandatory competitive bid threshold dollar amount
be |
3 | | less than $10,000, nor more than $40,000.
|
4 | | Cash, a cashier's check, a
certified check, or a bid
bond |
5 | | with adequate surety approved by the board of trustees as a |
6 | | deposit of
good faith, in a reasonable amount, but not in |
7 | | excess of 10% of the contract
amount, may be required of each |
8 | | bidder by the district on all bids involving
amounts in excess |
9 | | of the mandatory competitive bid threshold and, if so
required, |
10 | | the advertisement for bids shall so specify.
|
11 | | Contracts which by their nature are not adapted to award by |
12 | | competitive
bidding, including, without limitation, contracts |
13 | | for the services of
individuals, groups or firms possessing a |
14 | | high degree of professional skill
where the ability or fitness |
15 | | of the individual or organization plays an
important part, |
16 | | contracts for financial management services undertaken
|
17 | | pursuant to "An Act relating to certain investments of public |
18 | | funds by
public agencies", approved July 23, 1943, as now or |
19 | | hereafter amended,
contracts for the purchase or sale of |
20 | | utilities, contracts for commodities including supply |
21 | | contracts for natural gas and electricity, contracts for |
22 | | materials
economically procurable only from a single source of |
23 | | supply, contracts for services, supplies, materials, parts, or |
24 | | equipment which are available only from a single source or |
25 | | contracts for maintenance, repairs, OEM supplies, or OEM parts |
26 | | from the manufacturer or from a source authorized by the |
|
| | SB2825 | - 24 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | manufacturer, contracts for
the use, purchase, delivery, |
2 | | movement, or installation of
data processing equipment, |
3 | | software, or services and telecommunications and
interconnect |
4 | | equipment, software, or services, contracts for duplicating
|
5 | | machines and supplies, contracts for goods or services procured |
6 | | from another
governmental agency, purchases of equipment |
7 | | previously owned by an entity
other than the district itself, |
8 | | purchases of used equipment, purchases at auction or similar |
9 | | transactions which by their very nature are not suitable to |
10 | | competitive bids, and leases of real property where the |
11 | | sanitary
district is the lessee shall not be subject to the |
12 | | competitive bidding
requirements of this Section.
|
13 | | The District may use a design-build procurement method for |
14 | | any public project which shall not be subject to the |
15 | | competitive bidding requirements of this Section provided the |
16 | | Board of Trustees approves the contract for the public project |
17 | | by a vote of 4 of the 5 trustees. For the purposes of this |
18 | | Section, "design-build" means a delivery system that provides |
19 | | responsibility within a single contract for the furnishing of |
20 | | architecture, engineering, land surveying and related services |
21 | | as required, and the labor, materials, equipment, and other |
22 | | construction services for the project. |
23 | | In the case of an emergency affecting the public health or |
24 | | safety so declared
by the Board of Trustees of the municipality |
25 | | at a meeting thereof
duly convened, which declaration shall |
26 | | require the affirmative vote of four
of the five Trustees, and |
|
| | SB2825 | - 25 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | shall set forth the nature of the
danger to the public health |
2 | | or safety, contracts totaling not more than the
emergency |
3 | | contract cap
may be let to the extent necessary to
resolve such |
4 | | emergency
without public advertisement or competitive bidding.
|
5 | | For purposes of this Section, the dollar amount of an emergency |
6 | | contract shall not be less than $40,000,
nor more than |
7 | | $350,000.
The Resolution
or Ordinance in which such declaration |
8 | | is embodied shall fix the date upon
which such emergency shall |
9 | | terminate which date may be extended or abridged
by the Board |
10 | | of Trustees as in their judgment the circumstances require. A
|
11 | | full written account of any such emergency, together with a |
12 | | requisition for the
materials, supplies, labor or equipment |
13 | | required therefor shall be submitted
immediately upon |
14 | | completion and shall be open to public inspection for a
period |
15 | | of at least one year subsequent to the date of such emergency |
16 | | purchase.
Within 30 days after the passage of the resolution or |
17 | | ordinance declaring an
emergency
affecting the public health or |
18 | | safety, the municipality shall submit to the
Illinois
|
19 | | Environmental Protection Agency the full written account of any |
20 | | such emergency
along
with a copy of the resolution or ordinance |
21 | | declaring the emergency, in
accordance with
requirements as may |
22 | | be provided by rule.
|
23 | | To address operating emergencies not affecting the public |
24 | | health or safety,
the
Board of Trustees shall authorize, in |
25 | | writing, officials or employees of the
sanitary
district to |
26 | | purchase in the open market and without advertisement any |
|
| | SB2825 | - 26 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | supplies,
materials,
equipment, or services for immediate |
2 | | delivery to meet the bona fide operating
emergency, without |
3 | | filing a requisition or estimate therefor, in an amount not
in |
4 | | excess of
$100,000; provided that the Board of Trustees must be |
5 | | notified of the operating
emergency. A full, written account of |
6 | | each operating emergency and a
requisition for the
materials, |
7 | | supplies, equipment, and services required to meet the |
8 | | operating
emergency
must be immediately submitted by the |
9 | | officials or employees authorized to make
purchases to the
|
10 | | Board of
Trustees. The account must be available for public |
11 | | inspection for a period of
at least one
year after the date of |
12 | | the operating emergency purchase. The exercise of
authority |
13 | | with
respect to purchases for a bona fide operating emergency |
14 | | is not dependent on a
declaration of an operating emergency by |
15 | | the Board of Trustees.
|
16 | | The competitive bidding requirements of this Section do not |
17 | | apply to contracts, including contracts for both materials and |
18 | | services incidental thereto, for the repair or replacement of a |
19 | | sanitary district's treatment plant, sewers, equipment, or |
20 | | facilities damaged or destroyed as the result of a sudden or |
21 | | unexpected occurrence, including, but not limited to, a flood, |
22 | | fire, tornado, earthquake, storm, or other natural or man-made |
23 | | disaster, if the board of trustees determines in writing that |
24 | | the awarding of those contracts without competitive bidding is |
25 | | reasonably necessary for the sanitary district to maintain |
26 | | compliance with a permit issued under the National Pollution |
|
| | SB2825 | - 27 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | Discharge Elimination System (NPDES) or any successor system or |
2 | | with any outstanding order relating to that compliance issued |
3 | | by the United States Environmental Protection Agency, the |
4 | | Illinois Environmental Protection Agency, or the Illinois |
5 | | Pollution Control Board. The authority to issue contracts |
6 | | without competitive bidding
pursuant to this paragraph expires |
7 | | 6 months after the date of the
writing determining that the |
8 | | awarding of contracts without competitive bidding is |
9 | | reasonably necessary. |
10 | | No Trustee shall be interested, directly or indirectly, in |
11 | | any contract,
work or business of the municipality, or in the |
12 | | sale of any article, whenever
the expense, price or |
13 | | consideration of the contract work, business or sale is
paid |
14 | | either from the treasury or by any assessment levied by any |
15 | | Statute or
Ordinance. No Trustee shall be interested, directly |
16 | | or indirectly, in the
purchase of any property which (1) |
17 | | belongs to the municipality, or (2) is sold
for taxes or |
18 | | assessments of the municipality, or (3) is sold by virtue of |
19 | | legal
process in the suit of the municipality.
|
20 | | A contract for any work or other public improvement, to be |
21 | | paid for in
whole or in part by special assessment or special |
22 | | taxation, shall be entered
into and the
performance thereof |
23 | | controlled by the provisions of Division 2 of
Article 9 of the |
24 | | "Illinois Municipal Code", approved May 29, 1961, as
heretofore |
25 | | or hereafter amended, as near as may be. However, contracts
may |
26 | | be let for making proper and suitable connections between the |
|
| | SB2825 | - 28 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | mains
and outlets of the respective sanitary sewers in the |
2 | | district with any
conduit, conduits, main pipe or pipes that |
3 | | may be constructed by such
sanitary district.
|
4 | | (Source: P.A. 98-162, eff. 8-2-13.)
|
5 | | (70 ILCS 2305/18.5 new) |
6 | | Sec. 18.5. Contracts. The sanitary district may enter into |
7 | | contracts with municipalities or other parties outside the |
8 | | sanitary district that may request service from the sanitary |
9 | | district at higher rates than the existing rates for like |
10 | | consumers within the sanitary district to allow the sanitary |
11 | | district to obtain a fair return to cover the costs of |
12 | | financing, constructing, operating, and maintaining its |
13 | | facilities. In the event that thereafter such rates are not |
14 | | agreed upon by the parties or are not otherwise provided for by |
15 | | contract, such rates shall be fixed and determined by the |
16 | | circuit court of Lake County after a petition has been filed |
17 | | with that court. |
18 | | (70 ILCS 2305/31 new) |
19 | | Sec. 31. Resource recovery. |
20 | | (a) As used in this Section: |
21 | | "Recovered resources" means any material produced by or |
22 | | extracted from the operation of sanitary district facilities, |
23 | | including, but not limited to: |
24 | | (1) solids, including solids from the digestion |
|
| | SB2825 | - 29 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | process, semi-solids, or liquid materials; |
2 | | (2) gases, including biogas, carbon dioxide, and |
3 | | methane; |
4 | | (3) nutrients; |
5 | | (4) algae; |
6 | | (5) treated effluent; and |
7 | | (6) thermal energy or hydropower. |
8 | | "Renewable energy facility" shall have the same meaning as |
9 | | a facility defined under Section 5 of the Renewable Energy |
10 | | Production District Act. |
11 | | "Renewable energy resources" means resources as defined |
12 | | under Section 1-10 of the Illinois Power Agency Act. |
13 | | "Resource recovery" means the recovery of material or |
14 | | energy from waste as defined under Section 3.435 of the |
15 | | Environmental Protection Act. |
16 | | (b) The General Assembly finds that: |
17 | | (1) technological advancements in wastewater treatment |
18 | | have resulted in the ability to capture recovered resources |
19 | | and produce renewable energy resources from material |
20 | | previously discarded; |
21 | | (2) the capture and beneficial reuse of recovered |
22 | | resources and the production of renewable energy resources |
23 | | serve a wide variety of environmental benefits including, |
24 | | but not limited to, improved water quality, reduction of |
25 | | greenhouse gases, reduction of carbon footprint, reduction |
26 | | of landfill usage, reduced usage of hydrocarbon-based |
|
| | SB2825 | - 30 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | fuels, return of nutrients to the food cycle, and reduced |
2 | | water consumption; |
3 | | (3) the sanitary district is a leader in the field of |
4 | | wastewater treatment and possesses the expertise and |
5 | | experience necessary to capture and beneficially reuse or |
6 | | prepare for beneficial reuse recovered resources, |
7 | | including renewable energy resources; and |
8 | | (4) the sanitary district has the opportunity and |
9 | | ability to change the approach to wastewater treatment from |
10 | | that of a waste material to be disposed of to one of a |
11 | | collection of resources to be recovered, reused, and sold, |
12 | | with the opportunity to provide the sanitary district with |
13 | | additional sources of revenue and reduce operating costs. |
14 | | (c) The sanitary district may sell or otherwise dispose of |
15 | | recovered resources or renewable energy resources resulting |
16 | | from the operation of sanitary district facilities, and may |
17 | | construct, maintain, finance, and operate such activities, |
18 | | facilities, and other works as are necessary for that purpose. |
19 | | (d) The sanitary district may take in materials which are |
20 | | used in the generation of usable products from recovered |
21 | | resources, or which increase the production of renewable energy |
22 | | resources, including, but not limited to, food waste, organic |
23 | | fraction of solid waste, commercial or industrial organic |
24 | | wastes, fats, oils, greases, and vegetable debris. |
25 | | (e) The authorizations granted to the sanitary district |
26 | | under this Section shall not be construed as modifying or |
|
| | SB2825 | - 31 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | limiting any other law or regulation. Any actions taken |
2 | | pursuant to the authorities granted in this Section must be in |
3 | | compliance with all applicable laws and regulations, |
4 | | including, but not limited to, the Environmental Protection |
5 | | Act, and rules adopted under that Act. |
6 | | Section 15. The Sanitary District Act of 1917 is amended by |
7 | | changing Section 17.1 as follows:
|
8 | | (70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)
|
9 | | Sec. 17.1. Acquiring district or municipal treatment |
10 | | works.
|
11 | | (a) After incorporation, any district organized under this |
12 | | Act may, in
accordance with this Act and an intergovernmental |
13 | | agreement with the sanitary
district being acquired or the |
14 | | municipality from whom the treatment works and
lines are to be |
15 | | acquired, acquire the territory, treatment works, lines,
|
16 | | appurtenances, and other property of (i) any sanitary district |
17 | | organized under
this Act, the Sanitary District Act of 1907, |
18 | | the North Shore Water Reclamation Sanitary District
Act, the |
19 | | Sanitary District Act of 1936, or the Metro-East Sanitary |
20 | | District Act
of 1974 or (ii) any municipality whose treatment |
21 | | works were established under
the Illinois Municipal Code or the |
22 | | Municipal Wastewater Disposal Zones Act,
regardless of whether |
23 | | that district or municipality is contiguous to the
acquiring |
24 | | sanitary district. The distance between the sanitary district |
|
| | SB2825 | - 32 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | being
acquired or municipality and the acquiring sanitary |
2 | | district, however, as
measured between the points on their |
3 | | corporate boundaries that are nearest to
each other, shall not |
4 | | exceed 20 miles. In the case of a municipality, only that
|
5 | | property used by the municipality for transport, treatment, and |
6 | | discharge of
wastewater and for disposal of sewage sludge shall |
7 | | be transferred to the
acquiring sanitary district.
|
8 | | (b) The board of trustees of the sanitary district being |
9 | | acquired, or
the corporate authorities of a municipality whose |
10 | | treatment works is being
acquired, shall, jointly with the |
11 | | board of trustees of the acquiring sanitary
district, petition |
12 | | the circuit court of the county containing all or the larger
|
13 | | portion of the sanitary district being acquired or the |
14 | | municipality to permit
the acquisition. The petition shall show |
15 | | the following:
|
16 | | (1) The reason for the acquisition.
|
17 | | (2) That there are no debts of the sanitary district |
18 | | being
acquired or municipality outstanding, or that there |
19 | | are sufficient funds on
hand or available to satisfy those |
20 | | debts.
|
21 | | (3) That no contract or federal or State permit or |
22 | | grant will be
impaired by the acquisition.
|
23 | | (4) That all assets and responsibilities of the |
24 | | sanitary district being
acquired or municipality, as they |
25 | | relate to wastewater treatment, have been
properly |
26 | | assigned to the acquiring sanitary district.
|
|
| | SB2825 | - 33 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (5) That the acquiring sanitary district will pay any |
2 | | court costs
incurred in connection with the petition.
|
3 | | (6) The boundaries of the acquired sanitary district or |
4 | | municipality as
of the date of the petition.
|
5 | | (c) Upon adequate notice, including appropriate notice to |
6 | | the Illinois
Environmental Protection Agency, the circuit |
7 | | court shall hold a hearing to
determine whether there is good |
8 | | cause for the acquisition by the acquiring
district and whether |
9 | | the allegations of the petition are true. If the court
finds |
10 | | that there is good cause and that the allegations are true, it |
11 | | shall
order the acquisition to proceed. If the court finds that |
12 | | there is not good
cause for the acquisition or that the |
13 | | allegations of the petition are not true,
the court shall |
14 | | dismiss the petition. In either event, the costs shall be taxed
|
15 | | against the acquiring sanitary district. The order shall be |
16 | | final. Separate or
joint appeals may be taken by any party |
17 | | affected by the order as in other civil
cases.
|
18 | | (d) If the court orders the acquisition contemplated in the |
19 | | petition,
there shall be no further appointments of trustees if |
20 | | the acquired agency
is a sanitary district. The trustees of the |
21 | | acquired sanitary district acting
at the time of the order |
22 | | shall close up the business affairs of the sanitary
district |
23 | | and make the necessary conveyances of title to the sanitary |
24 | | district
property in accordance with the intergovernmental |
25 | | agreement between the
acquiring and acquired sanitary |
26 | | districts. In the case of a municipality, the
governing body of |
|
| | SB2825 | - 34 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | the municipality shall make the necessary conveyances of
title |
2 | | to municipal property to the acquiring sanitary district in |
3 | | accordance
with the intergovernmental agreement between the |
4 | | municipality and the acquiring
sanitary district. The |
5 | | acquiring sanitary district's ordinances take effect in
the |
6 | | acquired territory upon entry of the order.
|
7 | | (e) The acquisition of any sanitary district by another |
8 | | sanitary
district or the acquisition of a treatment works from |
9 | | a municipality by
another sanitary district shall not affect |
10 | | the obligation of any bonds
issued or contracts entered into by |
11 | | the acquired sanitary district or
the municipality, nor |
12 | | invalidate the levy, extension, or collection of any
taxes or |
13 | | special assessments upon a property in the acquired sanitary |
14 | | district,
but all those bonds and contracts shall be |
15 | | discharged. The general obligation
indebtedness of the |
16 | | acquired sanitary district shall be paid from the proceeds
of |
17 | | continuing taxes and special assessments as provided in this |
18 | | Act.
|
19 | | All money remaining after the business affairs of the |
20 | | acquired sanitary
district or acquired treatment works of the |
21 | | municipality have been closed up
and all debts and obligations |
22 | | of the entities paid shall be paid to the
acquiring sanitary |
23 | | district in accordance with the intergovernmental agreement
|
24 | | between the parties.
|
25 | | (f) The board of trustees of the acquiring sanitary |
26 | | district required to
provide sewer service under this Act may |
|
| | SB2825 | - 35 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | levy and collect, for that purpose, a
tax on the taxable |
2 | | property within that district. The aggregate amount of the
tax |
3 | | shall be as provided in this Act.
|
4 | | (g) Any intergovernmental agreement entered into by the |
5 | | parties
under this Section shall provide for the imposition or |
6 | | continuance of a
user charge system in accordance with the |
7 | | acquiring district's ordinance,
the Illinois Environmental |
8 | | Protection Act, and the federal Clean Water Act.
|
9 | | (h) All courts shall take judicial notice of the |
10 | | acquisition of the
sanitary district being acquired or |
11 | | municipal treatment works by the acquiring
sanitary district.
|
12 | | (Source: P.A. 87-1060.)
|
13 | | Section 20. The Eminent Domain Act is amended by changing |
14 | | Section 15-5-15 as follows: |
15 | | (735 ILCS 30/15-5-15)
|
16 | | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 |
17 | | through 75. The following provisions of law may include express |
18 | | grants of the power to acquire property by condemnation or |
19 | | eminent domain: |
20 | | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport |
21 | | authorities; for public airport facilities.
|
22 | | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport |
23 | | authorities; for removal of airport hazards.
|
|
| | SB2825 | - 36 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
2 | | authorities; for reduction of the height of objects or |
3 | | structures.
|
4 | | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate |
5 | | airport authorities; for general purposes.
|
6 | | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority |
7 | | Act; Kankakee River Valley Area Airport Authority; for |
8 | | acquisition of land for airports.
|
9 | | (70 ILCS 200/2-20); Civic Center Code; civic center |
10 | | authorities; for grounds, centers, buildings, and parking.
|
11 | | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center |
12 | | Authority; for grounds, centers, buildings, and parking.
|
13 | | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan |
14 | | Exposition, Auditorium and Office Building Authority; for |
15 | | grounds, centers, buildings, and parking.
|
16 | | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center |
17 | | Authority; for grounds, centers, buildings, and parking.
|
18 | | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
19 | | Center Authority; for grounds, centers, buildings, and |
20 | | parking.
|
21 | | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
22 | | District Civic Center Authority; for grounds, centers, |
23 | | buildings, and parking.
|
24 | | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center |
25 | | Authority; for grounds, centers, buildings, and parking.
|
26 | | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
|
| | SB2825 | - 37 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | Center Authority; for grounds, centers, buildings, and |
2 | | parking.
|
3 | | (70 ILCS 200/60-30); Civic Center Code; Collinsville |
4 | | Metropolitan Exposition, Auditorium and Office Building |
5 | | Authority; for grounds, centers, buildings, and parking.
|
6 | | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic |
7 | | Center Authority; for grounds, centers, buildings, and |
8 | | parking.
|
9 | | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan |
10 | | Exposition, Auditorium and Office Building Authority; for |
11 | | grounds, centers, buildings, and parking.
|
12 | | (70 ILCS 200/80-15); Civic Center Code; DuPage County |
13 | | Metropolitan Exposition, Auditorium and Office Building |
14 | | Authority; for grounds, centers, buildings, and parking.
|
15 | | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan |
16 | | Exposition, Auditorium and Office Building Authority; for |
17 | | grounds, centers, buildings, and parking.
|
18 | | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
19 | | Exposition, Auditorium and Office Building Authority; for |
20 | | grounds, centers, buildings, and parking.
|
21 | | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
22 | | Center Authority; for grounds, centers, buildings, and |
23 | | parking.
|
24 | | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic |
25 | | Center Authority; for grounds, centers, buildings, and |
26 | | parking.
|
|
| | SB2825 | - 38 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (70 ILCS 200/120-25); Civic Center Code; Jefferson County |
2 | | Metropolitan Exposition, Auditorium and Office Building |
3 | | Authority; for grounds, centers, buildings, and parking.
|
4 | | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County |
5 | | Civic Center Authority; for grounds, centers, buildings, |
6 | | and parking.
|
7 | | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham |
8 | | Metropolitan Exposition, Auditorium and Office Building |
9 | | Authority; for grounds, centers, buildings, and parking.
|
10 | | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center |
11 | | Authority; for grounds, centers, buildings, and parking.
|
12 | | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic |
13 | | Center Authority; for grounds, centers, buildings, and |
14 | | parking.
|
15 | | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan |
16 | | Civic Center Authority; for grounds, centers, buildings, |
17 | | and parking.
|
18 | | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
19 | | Authority; for grounds, centers, buildings, and parking.
|
20 | | (70 ILCS 200/165-35); Civic Center Code; Melrose Park |
21 | | Metropolitan Exposition Auditorium and Office Building |
22 | | Authority; for grounds, centers, buildings, and parking.
|
23 | | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan |
24 | | Exposition, Auditorium and Office Building Authorities; |
25 | | for general purposes.
|
26 | | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
|
| | SB2825 | - 39 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | Authority; for grounds, centers, buildings, and parking.
|
2 | | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center |
3 | | Authority; for grounds, centers, buildings, and parking.
|
4 | | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center |
5 | | Authority; for grounds, centers, buildings, and parking.
|
6 | | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center |
7 | | Authority; for grounds, centers, buildings, and parking.
|
8 | | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center |
9 | | Authority; for grounds, centers, buildings, and parking.
|
10 | | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center |
11 | | Authority; for grounds, centers, buildings, and parking.
|
12 | | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City |
13 | | Civic Center Authority; for grounds, centers, buildings, |
14 | | and parking.
|
15 | | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan |
16 | | Exposition, Auditorium and Office Building Authority; for |
17 | | grounds, centers, buildings, and parking.
|
18 | | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
19 | | Center Authority; for grounds, centers, buildings, and |
20 | | parking.
|
21 | | (70 ILCS 200/230-35); Civic Center Code; River Forest |
22 | | Metropolitan Exposition, Auditorium and Office Building |
23 | | Authority; for grounds, centers, buildings, and parking.
|
24 | | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center |
25 | | Authority; for grounds, centers, buildings, and parking.
|
26 | | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
|
| | SB2825 | - 40 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | Authority; for grounds, centers, buildings, and parking.
|
2 | | (70 ILCS 200/255-20); Civic Center Code; Springfield |
3 | | Metropolitan Exposition and Auditorium Authority; for |
4 | | grounds, centers, and parking.
|
5 | | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan |
6 | | Exposition, Auditorium and Office Building Authority; for |
7 | | grounds, centers, buildings, and parking.
|
8 | | (70 ILCS 200/265-20); Civic Center Code; Vermilion County |
9 | | Metropolitan Exposition, Auditorium and Office Building |
10 | | Authority; for grounds, centers, buildings, and parking.
|
11 | | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center |
12 | | Authority; for grounds, centers, buildings, and parking.
|
13 | | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic |
14 | | Center Authority; for grounds, centers, buildings, and |
15 | | parking.
|
16 | | (70 ILCS 200/280-20); Civic Center Code; Will County |
17 | | Metropolitan Exposition and Auditorium Authority; for |
18 | | grounds, centers, and parking.
|
19 | | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority |
20 | | Act; Metropolitan Pier and Exposition Authority; for |
21 | | general purposes, including quick-take power.
|
22 | | (70 ILCS 405/22.04); Soil and Water Conservation Districts Act; |
23 | | soil and water conservation districts; for general |
24 | | purposes.
|
25 | | (70 ILCS 410/10 and 410/12); Conservation District Act; |
26 | | conservation districts; for open space, wildland, scenic |
|
| | SB2825 | - 41 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | roadway, pathway, outdoor recreation, or other |
2 | | conservation benefits.
|
3 | | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center |
4 | | Redevelopment Commission Act; Chanute-Rantoul National |
5 | | Aviation Center Redevelopment Commission; for general |
6 | | purposes. |
7 | | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; |
8 | | Fort Sheridan Redevelopment Commission; for general |
9 | | purposes or to carry out comprehensive or redevelopment |
10 | | plans.
|
11 | | (70 ILCS 520/8); Southwestern Illinois Development Authority |
12 | | Act; Southwestern Illinois Development Authority; for |
13 | | general purposes, including quick-take power.
|
14 | | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; |
15 | | drainage districts; for general purposes.
|
16 | | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; |
17 | | corporate authorities; for construction and maintenance of |
18 | | works.
|
19 | | (70 ILCS 705/10); Fire Protection District Act; fire protection |
20 | | districts; for general purposes.
|
21 | | (70 ILCS 750/20); Flood Prevention District Act; flood |
22 | | prevention districts; for general purposes. |
23 | | (70 ILCS 805/6); Downstate Forest Preserve District Act; |
24 | | certain forest preserve districts; for general purposes.
|
25 | | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
26 | | certain forest preserve districts; for recreational and |
|
| | SB2825 | - 42 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | cultural facilities.
|
2 | | (70 ILCS 810/8); Cook County Forest Preserve District Act; |
3 | | Forest Preserve District of Cook County; for general |
4 | | purposes.
|
5 | | (70 ILCS 810/38); Cook County Forest Preserve District Act; |
6 | | Forest Preserve District of Cook County; for recreational |
7 | | facilities.
|
8 | | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital |
9 | | districts; for hospitals or hospital facilities.
|
10 | | (70 ILCS 915/3); Illinois Medical District Act; Illinois |
11 | | Medical District Commission; for general purposes.
|
12 | | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois |
13 | | Medical District Commission; quick-take power for the |
14 | | Illinois State Police Forensic Science Laboratory |
15 | | (obsolete).
|
16 | | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; |
17 | | tuberculosis sanitarium districts; for tuberculosis |
18 | | sanitariums.
|
19 | | (70 ILCS 925/20); Mid-Illinois
Medical District Act; |
20 | | Mid-Illinois
Medical District; for general purposes.
|
21 | | (70 ILCS 930/20); Mid-America Medical District Act; |
22 | | Mid-America Medical District Commission; for general |
23 | | purposes. |
24 | | (70 ILCS 935/20); Roseland Community Medical District Act; |
25 | | medical district; for general purposes. |
26 | | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
|
| | SB2825 | - 43 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | abatement districts; for general purposes.
|
2 | | (70 ILCS 1105/8); Museum District Act; museum districts; for |
3 | | general purposes.
|
4 | | (70 ILCS 1205/7-1); Park District Code; park districts; for |
5 | | streets and other purposes.
|
6 | | (70 ILCS 1205/8-1); Park District Code; park districts; for |
7 | | parks.
|
8 | | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park |
9 | | districts; for airports and landing fields.
|
10 | | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park |
11 | | districts; for State land abutting public water and certain |
12 | | access rights.
|
13 | | (70 ILCS 1205/11.1-3); Park District Code; park districts; for |
14 | | harbors.
|
15 | | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; |
16 | | park districts; for street widening.
|
17 | | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control |
18 | | Act; park districts; for parks, boulevards, driveways, |
19 | | parkways, viaducts, bridges, or tunnels.
|
20 | | (70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; |
21 | | park districts; for boulevards or driveways.
|
22 | | (70 ILCS 1290/1); Park District Aquarium and Museum Act; |
23 | | municipalities or park districts; for aquariums or |
24 | | museums.
|
25 | | (70 ILCS 1305/2); Park District Airport Zoning Act; park |
26 | | districts; for restriction of the height of structures.
|
|
| | SB2825 | - 44 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (70 ILCS 1310/5); Park District Elevated Highway Act; park |
2 | | districts; for elevated highways.
|
3 | | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park |
4 | | District; for parks and other purposes.
|
5 | | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park |
6 | | District; for parking lots or garages.
|
7 | | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park |
8 | | District; for harbors.
|
9 | | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation |
10 | | Act; Lincoln Park Commissioners; for land and interests in |
11 | | land, including riparian rights.
|
12 | | (70 ILCS 1801/30); Alexander-Cairo Port District Act; |
13 | | Alexander-Cairo Port District; for general purposes. |
14 | | (70 ILCS 1805/8); Havana Regional Port District Act; Havana |
15 | | Regional Port District; for general purposes.
|
16 | | (70 ILCS 1810/7); Illinois International Port District Act; |
17 | | Illinois International Port District; for general |
18 | | purposes.
|
19 | | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; |
20 | | Illinois Valley Regional Port District; for general |
21 | | purposes.
|
22 | | (70 ILCS 1820/4); Jackson-Union Counties Regional Port |
23 | | District Act; Jackson-Union Counties Regional Port |
24 | | District; for removal of airport hazards or reduction of |
25 | | the height of objects or structures.
|
26 | | (70 ILCS 1820/5); Jackson-Union Counties Regional Port |
|
| | SB2825 | - 45 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | District Act; Jackson-Union Counties Regional Port |
2 | | District; for general purposes.
|
3 | | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet |
4 | | Regional Port District; for removal of airport hazards.
|
5 | | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet |
6 | | Regional Port District; for reduction of the height of |
7 | | objects or structures.
|
8 | | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet |
9 | | Regional Port District; for removal of hazards from ports |
10 | | and terminals.
|
11 | | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet |
12 | | Regional Port District; for general purposes.
|
13 | | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; |
14 | | Kaskaskia Regional Port District; for removal of hazards |
15 | | from ports and terminals.
|
16 | | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; |
17 | | Kaskaskia Regional Port District; for general purposes.
|
18 | | (70 ILCS 1831/30); Massac-Metropolis Port District Act; |
19 | | Massac-Metropolis Port District; for general purposes. |
20 | | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. |
21 | | Carmel Regional Port District; for removal of airport |
22 | | hazards.
|
23 | | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. |
24 | | Carmel Regional Port District; for reduction of the height |
25 | | of objects or structures.
|
26 | | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
|
| | SB2825 | - 46 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | Carmel Regional Port District; for general purposes.
|
2 | | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port |
3 | | District; for general purposes. |
4 | | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca |
5 | | Regional Port District; for removal of airport hazards.
|
6 | | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca |
7 | | Regional Port District; for reduction of the height of |
8 | | objects or structures.
|
9 | | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca |
10 | | Regional Port District; for general purposes.
|
11 | | (70 ILCS 1850/4); Shawneetown Regional Port District Act; |
12 | | Shawneetown Regional Port District; for removal of airport |
13 | | hazards or reduction of the height of objects or |
14 | | structures.
|
15 | | (70 ILCS 1850/5); Shawneetown Regional Port District Act; |
16 | | Shawneetown Regional Port District; for general purposes.
|
17 | | (70 ILCS 1855/4); Southwest Regional Port District Act; |
18 | | Southwest Regional Port District; for removal of airport |
19 | | hazards or reduction of the height of objects or |
20 | | structures.
|
21 | | (70 ILCS 1855/5); Southwest Regional Port District Act; |
22 | | Southwest Regional Port District; for general purposes. |
23 | | (70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City |
24 | | Regional Port District; for removal of airport hazards.
|
25 | | (70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City |
26 | | Regional Port District; for the development of facilities.
|
|
| | SB2825 | - 47 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (70 ILCS 1863/11); Upper Mississippi River International Port |
2 | | District Act; Upper Mississippi River International Port |
3 | | District; for general purposes. |
4 | | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port |
5 | | District; for removal of airport hazards.
|
6 | | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port |
7 | | District; for restricting the height of objects or |
8 | | structures.
|
9 | | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port |
10 | | District; for the development of facilities.
|
11 | | (70 ILCS 1870/8); White County Port District Act; White County |
12 | | Port District; for the development of facilities.
|
13 | | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad |
14 | | Terminal Authority (Chicago); for general purposes.
|
15 | | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority |
16 | | Act; Grand Avenue Railroad Relocation Authority; for |
17 | | general purposes, including quick-take power (now |
18 | | obsolete). |
19 | | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act; |
20 | | Elmwood Park Grade Separation Authority; for general |
21 | | purposes.
|
22 | | (70 ILCS 2105/9b); River Conservancy Districts Act; river |
23 | | conservancy districts; for general purposes.
|
24 | | (70 ILCS 2105/10a); River Conservancy Districts Act; river |
25 | | conservancy districts; for corporate purposes.
|
26 | | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
|
| | SB2825 | - 48 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | districts; for corporate purposes.
|
2 | | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary |
3 | | districts; for improvements and works.
|
4 | | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary |
5 | | districts; for access to property.
|
6 | | (70 ILCS 2305/8); North Shore Water Reclamation Sanitary |
7 | | District Act; North Shore Water Reclamation Sanitary |
8 | | District; for corporate purposes.
|
9 | | (70 ILCS 2305/15); North Shore Water Reclamation Sanitary |
10 | | District Act; North Shore Water Reclamation Sanitary |
11 | | District; for improvements.
|
12 | | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary |
13 | | District of Decatur; for carrying out agreements to sell, |
14 | | convey, or disburse treated wastewater to a private entity.
|
15 | | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary |
16 | | districts; for corporate purposes.
|
17 | | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary |
18 | | districts; for improvements.
|
19 | | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of |
20 | | 1917; sanitary districts; for waterworks.
|
21 | | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
22 | | districts; for public sewer and water utility treatment |
23 | | works.
|
24 | | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary |
25 | | districts; for dams or other structures to regulate water |
26 | | flow.
|
|
| | SB2825 | - 49 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; |
2 | | Metropolitan Water Reclamation District; for corporate |
3 | | purposes.
|
4 | | (70 ILCS 2605/16); Metropolitan Water Reclamation District |
5 | | Act; Metropolitan Water Reclamation District; quick-take |
6 | | power for improvements.
|
7 | | (70 ILCS 2605/17); Metropolitan Water Reclamation District |
8 | | Act; Metropolitan Water Reclamation District; for bridges.
|
9 | | (70 ILCS 2605/35); Metropolitan Water Reclamation District |
10 | | Act; Metropolitan Water Reclamation District; for widening |
11 | | and deepening a navigable stream.
|
12 | | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary |
13 | | districts; for corporate purposes.
|
14 | | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary |
15 | | districts; for improvements.
|
16 | | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; |
17 | | sanitary districts; for drainage systems.
|
18 | | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
19 | | districts; for dams or other structures to regulate water |
20 | | flow.
|
21 | | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
22 | | districts; for water supply.
|
23 | | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
24 | | districts; for waterworks.
|
25 | | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; |
26 | | Metro-East Sanitary District; for corporate purposes.
|
|
| | SB2825 | - 50 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; |
2 | | Metro-East Sanitary District; for access to property.
|
3 | | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary |
4 | | districts; for sewerage systems.
|
5 | | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; |
6 | | Illinois Sports Facilities Authority; quick-take power for |
7 | | its corporate purposes (obsolete).
|
8 | | (70 ILCS 3405/16); Surface Water Protection District Act; |
9 | | surface water protection districts; for corporate |
10 | | purposes.
|
11 | | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago |
12 | | Transit Authority; for transportation systems.
|
13 | | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago |
14 | | Transit Authority; for general purposes.
|
15 | | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago |
16 | | Transit Authority; for general purposes, including |
17 | | railroad property.
|
18 | | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
19 | | local mass transit districts; for general purposes.
|
20 | | (70 ILCS 3615/2.13); Regional Transportation Authority Act; |
21 | | Regional Transportation Authority; for general purposes.
|
22 | | (70 ILCS 3705/8 and 3705/12); Public Water District Act; public |
23 | | water districts; for waterworks.
|
24 | | (70 ILCS 3705/23a); Public Water District Act; public water |
25 | | districts; for sewerage properties.
|
26 | | (70 ILCS 3705/23e); Public Water District Act; public water |
|
| | SB2825 | - 51 - | LRB099 20674 AWJ 45292 b |
|
|
1 | | districts; for combined waterworks and sewerage systems.
|
2 | | (70 ILCS 3715/6); Water Authorities Act; water authorities; for |
3 | | facilities to ensure adequate water supply.
|
4 | | (70 ILCS 3715/27); Water Authorities Act; water authorities; |
5 | | for access to property.
|
6 | | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library |
7 | | trustees; for library buildings.
|
8 | | (75 ILCS 16/30-55.80); Public Library District Act of 1991; |
9 | | public library districts; for general purposes.
|
10 | | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate |
11 | | authorities of city or park district, or board of park |
12 | | commissioners; for free public library buildings.
|
13 | | (Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; |
14 | | incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.
|