95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5187

 

Introduced , by Rep. Kathleen A. Ryg

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Metropolitan Water Reclamation District Act to change the titles of certain District managers and departments. Effective immediately.


LRB095 16256 HLH 42275 b

 

 

A BILL FOR

 

HB5187 LRB095 16256 HLH 42275 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Metropolitan Water Reclamation District Act
5 is amended by changing Sections 4, 4b, 4.2a, 4.7, 4.11, 4.13,
6 4.32, 4.38, 5.4, 5.5, 5.7, 7a, 7aa, 7f, 8, 8c, 8d, 11.1, 11.5,
7 11.6, 11.7, 11.8, 11.9, 11.10, 11.11, 11.12, 11.13, 11.14,
8 11.16, 11.17, 11.18, 11.20, 11.23, and 11.24 as follows:
 
9     (70 ILCS 2605/4)  (from Ch. 42, par. 323)
10     Sec. 4. The commissioners elected under this Act constitute
11 a board of commissioners for the district by which they are
12 elected, which board of commissioners is the corporate
13 authority of the sanitary district, and, in addition to all
14 other powers specified in this Act, shall establish the
15 policies and goals of the sanitary district. The executive
16 director general superintendent, in addition to all other
17 powers specified in this Act, shall manage and control all the
18 affairs and property of the sanitary district and shall
19 regularly report to the Board of Commissioners on the
20 activities of the sanitary district in executing the policies
21 and goals established by the board. At the regularly scheduled
22 meeting of odd numbered years following the induction of new
23 commissioners the board of commissioners shall elect from its

 

 

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1 own number a president and a vice-president to serve in the
2 absence of the president, and the chairman of the committee on
3 finance. The board shall provide by rule when a vacancy occurs
4 in the office of the president, vice-president, or the chairman
5 of the committee on finance and the manner of filling such
6 vacancy.
7     The board shall appoint from outside its own number the
8 executive director general superintendent and treasurer for
9 the district.
10     The executive director general superintendent must be a
11 resident of the sanitary district and a citizen of the United
12 States. He must be selected solely upon his administrative and
13 technical qualifications and without regard to his political
14 affiliations.
15     In the event of illness or other prolonged absence, death
16 or resignation creating a vacancy in the office of the
17 executive director general superintendent, or treasurer, the
18 board of commissioners may appoint an acting officer from
19 outside its own number, to perform the duties and
20 responsibilities of the office during the term of the absence
21 or vacancy.
22     The executive director general superintendent with the
23 advice and consent of the board of commissioners, shall appoint
24 the director of engineering, director of maintenance and
25 operations, director of human resources, director of
26 procurement and materials management, chief engineer, chief of

 

 

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1 maintenance and operations, director of personnel, purchasing
2 agent, clerk, general counsel, director of monitoring and
3 research, attorney, director of research and development, and
4 director of information technology. These constitute the heads
5 of the Department of Engineering, Maintenance and Operations,
6 Human Resources, Procurement and Materials Management,
7 Personnel, Purchasing, Finance, General Counsel, Monitoring
8 and Research, Law, Research and Development, and Information
9 Technology, respectively. No other departments or heads of
10 departments may be created without subsequent amendment to this
11 Act. All such department heads are under the direct supervision
12 of the executive director general superintendent.
13     The director of human resources personnel must be qualified
14 under Section 4.2a of this Act.
15     The director of procurement and materials management
16 purchasing agent must be selected in accordance with Section
17 11.16 of this Act.
18     In the event of illness or other prolonged absence, death
19 or resignation creating a vacancy in the office of director of
20 engineering, director of maintenance and operations, director
21 of human resources, director of procurement and materials
22 management, chief engineer, chief of maintenance and
23 operations, director of personnel, purchasing agent, clerk,
24 general counsel, director of monitoring and research,
25 attorney, director of research and development, or director of
26 information technology, the executive director general

 

 

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1 superintendent shall appoint an acting officer to perform the
2 duties and responsibilities of the office during the term of
3 the absence or vacancy. Any such officers appointed in an
4 acting capacity are under the direct supervision of the
5 executive director general superintendent.
6     All appointive officers and acting officers shall give bond
7 as may be required by the board.
8     The executive director general superintendent, treasurer,
9 acting executive director, general superintendent and acting
10 treasurer hold their offices at the pleasure of the board of
11 commissioners.
12     The acting director of engineering, acting director of
13 maintenance and operations, acting director of human
14 resources, acting director of procurement and materials
15 management chief engineer, acting chief of maintenance and
16 operations, acting purchasing agent, acting director of
17 personnel, acting clerk, acting general counsel attorney,
18 acting director of monitoring and research research and
19 development, and acting director of information technology
20 hold their offices at the pleasure of the executive director
21 general superintendent.
22     The director of engineering, director of maintenance and
23 operations, director of human resources, director of
24 procurement and materials management, chief engineer, chief of
25 maintenance and operations, director of personnel, purchasing
26 agent, clerk, general counsel, director of monitoring and

 

 

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1 research, attorney, director of research and development, and
2 director of information technology may be removed from office
3 for cause by the executive director general superintendent.
4 Prior to removal, such officers are entitled to a public
5 hearing before the executive director general superintendent
6 at which hearing they may be represented by counsel. Before the
7 hearing, the executive director general superintendent shall
8 notify the board of commissioners of the date, time, place and
9 nature of the hearing.
10     In addition to the general counsel attorney appointed by
11 the executive director general superintendent, the board of
12 commissioners may appoint from outside its own number an
13 attorney, or retain counsel, to advise the board of
14 commissioners with respect to its powers and duties and with
15 respect to legal questions and matters of policy for which the
16 board of commissioners is responsible.
17     The executive director general superintendent is the chief
18 administrative officer of the district, has supervision over
19 and is responsible for all administrative and operational
20 matters of the sanitary district including the duties of all
21 employees which are not otherwise designated by law, and is the
22 appointing authority as specified in Section 4.11 of this Act.
23     The board, through the budget process, shall set the
24 compensation of all the officers and employees of the sanitary
25 district. Any incumbent of the office of president may appoint
26 an administrative aide which appointment remains in force

 

 

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1 during his incumbency unless revoked by the president.
2     Effective upon the election in January, 1985 of the
3 president and vice-president of the board of commissioners and
4 the chairman of the committee on finance, the annual salary of
5 the president shall be $37,500 and shall be increased to
6 $39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
7 January, 1991, and $60,000 in January, 2001; the annual salary
8 of the vice-president shall be $35,000 and shall be increased
9 to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
10 in January, 1991, and $55,000 in January, 2001; the annual
11 salary of the chairman of the committee on finance shall be
12 $32,500 and shall be increased to $34,500 in January, 1987,
13 $36,500 in January, 1989, $45,000 in January, 1991, and $55,000
14 in January, 2001.
15     The annual salaries of the other members of the Board shall
16 be as follows:
17     For the three members elected in November, 1980, $26,500
18 per annum for the first two years of the term; $28,000 per
19 annum for the next two years of the term and $30,000 per annum
20 for the last two years.
21     For the three members elected in November, 1982, $28,000
22 per annum for the first two years of the term and $30,000 per
23 annum thereafter.
24     For members elected in November, 1984, $30,000 per annum.
25     For the three members elected in November, 1986, $32,000
26 for each of the first two years of the term, $34,000 for each

 

 

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1 of the next two years and $36,000 for the last two years;
2     For three members elected in November, 1988, $34,000 for
3 each of the first two years of the term and $36,000 for each
4 year thereafter.
5     For members elected in November, 1990, 1992, 1994, 1996, or
6 1998, $40,000.
7     For members elected in November, 2000 and thereafter,
8 $50,000.
9     Notwithstanding the other provisions of this Section, the
10 board, prior to January 1, 2007 and with a two-thirds vote, may
11 increase the annual rate of compensation at a separate flat
12 amount for each of the following: the president, the
13 vice-president, the chairman of the committee on finance, and
14 the other members; the increased annual rate of compensation
15 shall apply to all such officers and members whose terms as
16 members of the board commence after the increase in
17 compensation is adopted by the board.
18     The board of commissioners has full power to pass all
19 necessary ordinances, orders, rules, resolutions and
20 regulations for the proper management and conduct of the
21 business of the board of commissioners and the corporation and
22 for carrying into effect the object for which the sanitary
23 district is formed. All ordinances, orders, rules, resolutions
24 and regulations passed by the board of commissioners must,
25 before they take effect, be approved by the president of the
26 board of commissioners. If he approves thereof, he shall sign

 

 

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1 them, and such as he does not approve he shall return to the
2 board of commissioners with his objections in writing at the
3 next regular meeting of the board of commissioners occurring
4 after the passage thereof. Such veto may extend to any one or
5 more items or appropriations contained in any ordinance making
6 an appropriation, or to the entire ordinance. If the veto
7 extends to a part of such ordinance, the residue takes effect.
8 If the president of such board of commissioners fails to return
9 any ordinance, order, rule, resolution or regulation with his
10 objections thereto in the time required, he is deemed to have
11 approved it, and it takes effect accordingly. Upon the return
12 of any ordinance, order, rule, resolution, or regulation by the
13 president, the vote by which it was passed must be reconsidered
14 by the board of commissioners, and if upon such reconsideration
15 two-thirds of all the members agree by yeas and nays to pass
16 it, it takes effect notwithstanding the president's refusal to
17 approve thereof.
18     It is the policy of this State that all powers granted,
19 either expressly or by necessary implication, by this Act or
20 any other Illinois statute to the District may be exercised by
21 the District notwithstanding effects on competition. It is the
22 intention of the General Assembly that the "State action
23 exemption" to the application of federal antitrust statutes be
24 fully available to the District to the extent its activities
25 are authorized by law as stated herein.
26 (Source: P.A. 94-1069, eff. 11-29-06.)
 

 

 

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1     (70 ILCS 2605/4b)  (from Ch. 42, par. 323b)
2     Sec. 4b. The Governor shall appoint, by and with the advice
3 and consent of the Senate, a State Sanitary District Observer.
4 The term of the person first appointed shall expire on the
5 third Monday in January, 1969. If the Senate is not in session
6 when the first appointment is made, the Governor shall make a
7 temporary appointment as in the case of a vacancy. Thereafter
8 the term of office of the State Sanitary District Observer
9 shall be for 2 years commencing on the third Monday in January
10 of 1969 and each odd-numbered year thereafter. Any person
11 appointed to such office shall hold office for the duration of
12 his term and until his successor is appointed and qualified.
13     The State Sanitary District Observer must have a knowledge
14 of the principles of sanitary engineering. He shall be paid
15 from the State Treasury an annual salary of $15,000 or as set
16 by the Compensation Review Board, whichever is greater, and
17 shall also be reimbursed for necessary expenses incurred in the
18 performance of his duties.
19     The State Sanitary District Observer has the same right as
20 any Trustee or the Executive Director General Superintendent to
21 attend any meeting in connection with the business of The
22 Metropolitan Sanitary District of Greater Chicago. He shall
23 have access to all records and works of the District. He may
24 conduct inquiries and investigations into the efficiency and
25 adequacy of the operations of the District, including the

 

 

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1 effect of the operations of the District upon areas of the
2 State outside the boundaries of the District.
3     The State Sanitary District Observer shall report to the
4 Governor, the General Assembly, the Department of Natural
5 Resources, and the Environmental Protection Agency annually
6 and more frequently if requested by the Governor.
7     The requirement for reporting to the General Assembly shall
8 be satisfied by filing copies of the report with the Speaker,
9 the Minority Leader and the Clerk of the House of
10 Representatives and the President, the Minority Leader and the
11 Secretary of the Senate and the Legislative Research Unit, as
12 required by Section 3.1 of "An Act to revise the law in
13 relation to the General Assembly", approved February 25, 1874,
14 as amended, and filing such additional copies with the State
15 Government Report Distribution Center for the General Assembly
16 as is required under paragraph (t) of Section 7 of the State
17 Library Act.
18 (Source: P.A. 89-445, eff. 2-7-96.)
 
19     (70 ILCS 2605/4.2a)  (from Ch. 42, par. 323.2a)
20     Sec. 4.2a. There is created a Department of Human Resources
21 Personnel for the district, the executive officer of which is
22 the Director of Human Resources Personnel, hereinafter in this
23 Act called the Director. Any person appointed as the Director
24 shall have previously served in a responsible executive
25 capacity requiring knowledge of and experience in human

 

 

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1 resources personnel management to a degree commensurate with
2 that required in the human resources personnel administration
3 of the district.
4 (Source: Laws 1963, p. 2477.)
 
5     (70 ILCS 2605/4.7)  (from Ch. 42, par. 323.7)
6     Sec. 4.7. All applicants for offices or places in said
7 classified civil service, except for the positions of director
8 of engineering, deputy director of monitoring and research,
9 deputy director of maintenance and operations, deputy chief
10 engineer, assistant director of engineering, assistant
11 director of maintenance and operations, chief engineers,
12 deputy general counsel, attorney, head assistant attorneys,
13 assistant director of monitoring and research, research and
14 development, assistant director of information technology,
15 assistant director of human resources, personnel, comptroller,
16 assistant treasurer, assistant director of procurement and
17 materials management, purchasing agent and laborers, shall be
18 subjected to examination, which shall be public and competitive
19 with limitations specified in the rules of the Director as to
20 residence, age, sex, health, habits, moral character and
21 qualifications to perform the duties of the office or place to
22 be filled, which qualifications shall be prescribed in advance
23 of such examination. Such examinations shall be practical in
24 their character, and shall relate to those matters which will
25 fairly test the relative capacity of the persons examined to

 

 

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1 discharge the duties of the position to which they seek to be
2 appointed, and may include tests of physical qualifications and
3 health and when appropriate, of manual skill. No question in
4 any examination shall relate to political or religious opinions
5 or affiliations. The Director shall control all examinations,
6 and may, whenever an examination is to take place, designate a
7 suitable number of persons to be special examiners and it shall
8 be the duty of such special examiners to conduct such
9 examinations as the Director may direct, and to make return and
10 report thereof to him; and he may at any time substitute any
11 other person in the place of any one so selected; and he may
12 himself, at any time, act as such special examiner, and without
13 appointing other special examiners. The Director shall, by
14 rule, provide for and shall hold sufficient number of
15 examinations to provide a sufficient number of eligibles on the
16 register for each grade of position in the classified civil
17 service, and if any place in the classified civil service shall
18 become vacant, to which there is no person eligible for
19 appointment, he shall hold an examination for such position and
20 repeat the same, if necessary, until a vacancy is filled in
21 accordance with the provisions of this Act.
22     Eligible registers shall remain in force for 3 years,
23 except the eligible register for laborers which shall remain in
24 force for 4 years and except the eligible registers for student
25 programs and entry level engineering positions which, in the
26 Director's discretion, may remain in force for one year.

 

 

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1     Examinations for an eligible list for each position in the
2 classified service above mentioned shall be held at least once
3 in 3 years and at least annually for student programs and entry
4 level engineering positions if the Director has limited the
5 duration of the registers for those positions to one year,
6 unless the Director determines that such examinations are not
7 necessary because no vacancy exists.
8     To help defray expenses of examinations, the sanitary
9 district may, but need not, charge a fee to each applicant who
10 desires to take a civil service examination provided for by
11 this Act. The amount of such fees shall be set by the corporate
12 authority of the sanitary district. Such fees shall be
13 deposited in the corporate fund of the district.
14 (Source: P.A. 94-1070, eff. 11-29-06.)
 
15     (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)
16     Sec. 4.11. Appointments. Whenever a position classified
17 under this Act is to be filled, except the positions of deputy
18 director of engineering, deputy director of monitoring and
19 research, deputy director of maintenance and operations, chief
20 engineer, assistant director of engineering, assistant
21 director of maintenance and operations, chief engineers,
22 deputy general counsel, attorney, head assistant attorneys,
23 assistant director of monitoring and research, research and
24 development, assistant director of information technology,
25 comptroller, assistant treasurer, assistant director of

 

 

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1 procurement and materials management, purchasing agent,
2 assistant director of human resources, personnel, and
3 laborers, the appointing officer shall make requisition upon
4 the Director, and the Director shall certify to him from the
5 register of eligibles for the position the names and addresses
6 (a) of the five candidates standing highest upon the register
7 of eligibles for the position, or (b) of the candidates within
8 the highest ranking group upon the register of eligibles if the
9 register is by categories such as excellent, well qualified,
10 and qualified, provided, however, that any certification shall
11 consist of at least 5 names, if available. The Director shall
12 certify names from succeeding categories in the order of
13 excellence of the categories until at least 5 names are
14 provided to the appointing officer. The appointing officer
15 shall notify the Director of each position to be filled
16 separately and shall fill the position by appointment of one of
17 the persons certified to him by the Director. Appointments
18 shall be on probation for a period to be fixed by the rules,
19 not exceeding one year. At any time during the period of
20 probation, the appointing officer with the approval of the
21 Director may discharge a person so certified and shall
22 forthwith notify the civil service board in writing of this
23 discharge. If a person is not discharged, his appointment shall
24 be deemed complete.
25     When there is no eligible list, the appointing officer may,
26 with the authority of the Director, make a temporary

 

 

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1 appointment to remain in force only until a permanent
2 appointment from an eligible register or list can be made in
3 the manner specified in the previous provisions of this
4 Section, and examinations to supply an eligible list therefor
5 shall be held and an eligible list established therefrom within
6 one year from the making of such appointment. The acceptance or
7 refusal by an eligible person of a temporary appointment does
8 not affect his standing on the register for permanent
9 appointment.
10     In employment of an essentially temporary and transitory
11 nature, the appointing officer may, with the authority of the
12 Director of Human Resources Personnel make temporary
13 appointments. No temporary appointment of an essentially
14 temporary and transitory nature may be granted for a period of
15 more than 119 consecutive or non-consecutive working days per
16 calendar year. The Director must include in his annual report,
17 and if required by the commissioners, in any special report, a
18 statement of all temporary authorities granted during the year
19 or period specified by the commissioners, together with a
20 statement of the facts in each case because of which the
21 authority was granted.
22     All laborers shall be appointed by the Executive Director
23 General Superintendent and shall be on probation for a period
24 to be fixed by the rules, not exceeding one year.
25     The positions of deputy director of engineering, deputy
26 director of monitoring and research, deputy director of

 

 

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1 maintenance and operations, chief engineer, assistant director
2 of engineering, assistant director of maintenance and
3 operations, chief engineers, deputy general counsel, attorney,
4 head assistant attorneys, assistant director of monitoring and
5 research, research and development, assistant director of
6 information technology, comptroller, assistant treasurer,
7 assistant director of procurement and materials management,
8 purchasing agent, and assistant director of human resources
9 personnel shall be appointed by the Executive Director General
10 Superintendent upon the recommendation of the respective
11 department head and shall be on probation for a period to be
12 fixed by the rules, not exceeding two years. At any time during
13 the period of probation, the Executive Director General
14 Superintendent on the recommendation of the department head
15 concerned, may discharge a person so appointed and he shall
16 forthwith notify the Civil Service Board in writing of such
17 discharge. If a person is not so discharged, his appointment
18 shall be deemed complete under the laws governing the
19 classified civil service.
20 (Source: P.A. 94-680, eff. 11-3-05; 95-345, eff. 1-1-08.)
 
21     (70 ILCS 2605/4.13)  (from Ch. 42, par. 323.13)
22     Sec. 4.13. The following offices and places of employment,
23 insofar as there are or may be such in the sanitary district,
24 shall not be included within the classified civil service: All
25 elective officers, the director of human resources, personnel,

 

 

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1 the clerk, treasurer, director of engineering, chief engineer,
2 general counsel, executive director, director of maintenance
3 and operations, director of procurement and materials
4 management, director of monitoring and research, attorney,
5 general superintendent, chief of maintenance and operation,
6 purchasing agent, director of research and development,
7 director of information technology, and secretary and
8 administrative aide to the president of the board of trustees,
9 members of the civil service board and special examiners
10 appointed by the civil service board and the secretaries to the
11 officers and individual trustees, and those employed for
12 periods not exceeding 5 years under any apprentice program,
13 training or intern programs funded wholly or in part by grants
14 from the State of Illinois or the United States of America.
15 Further, apprentices in a sanitary district apprenticeship
16 program for the trades shall not be included within the
17 classified civil service. Entry into a sanitary district
18 apprenticeship program for the trades shall be by lottery.
19 Graduates of a sanitary district apprenticeship program for the
20 trades shall be given additional points, in an amount to be
21 determined by the Director of Human Resources, Personnel, on
22 examinations for civil service journeymen positions in the
23 trades at the sanitary district.
24 (Source: P.A. 87-370; 87-1146.)
 
25     (70 ILCS 2605/4.32)  (from Ch. 42, par. 323.32)

 

 

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1     Sec. 4.32. Persons who were engaged in the military or
2 naval service of the United States during the years 1898, 1899,
3 1900, 1901, 1902, 1914, 1915, 1916, 1917, 1918, or 1919, any
4 time between September 16, 1940 and July 25, 1947, or any time
5 during the national emergency between June 25, 1950 and January
6 31, 1955, and who were honorably discharged therefrom, and all
7 persons who were engaged in such military or naval service
8 during any of said years, any time between September 16, 1940
9 and July 25, 1947, or any time during the national emergency
10 between June 25, 1950 and January 31, 1955, or any time from
11 August 5, 1964 until the date determined by the Congress of the
12 United States as the end of Viet Nam hostilities, or at any
13 time between August 6, 1990 and the date the Persian Gulf
14 Conflict ends as prescribed by Presidential proclamation or
15 order, who are now or may hereafter be on inactive or reserve
16 duty in such military or naval service, not including, however,
17 persons who were convicted by court-martial of disobedience of
18 orders, where such disobedience consisted in the refusal to
19 perform military service on the ground of alleged religious or
20 conscientious objections against war, shall be preferred for
21 appointments to offices, positions and places of employment in
22 the classified service of the District, provided they are found
23 to possess the business capacity necessary for the proper
24 discharge of the duties of such office, position, or place of
25 employment as determined by examination for original entrance.
26 The Director of Human Resources Personnel on certifying from

 

 

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1 any existing register of eligibles resulting from the holding
2 of an examination for original entrance or any register of
3 eligibles that may be hereafter created of persons who have
4 taken and successfully passed the examinations provided for in
5 this Act for original entrance commenced prior to September 1,
6 1949, shall place the name or names of such persons at the head
7 of any existing eligible register or list of eligibles that
8 shall be created under the provisions of this Act to be
9 certified for appointment. The Director of Human Resources
10 Personnel shall give preference for original appointment to
11 persons as hereinabove designated whose names appear on any
12 register of eligibles resulting from an examination for
13 original entrance held under the provisions of this Act and
14 commenced on or after September 1, 1949 by adding to the final
15 grade average which they received or will receive as the result
16 of any examination held for original entrance, five points. The
17 numerical result thus attained shall be applied by the Director
18 of Human Resources Personnel in determining the position of
19 such persons on any eligible list which has been created as the
20 result of any examination for original entrance commenced on or
21 after September 1, 1949 for purposes of preference in
22 certification and appointment from such eligible list.
23     Every certified Civil Service employee who was called to,
24 or who volunteered for, the military or naval service of the
25 United States at any time during the years specified in this
26 Act, or at any time between September 16, 1940 and July 25,

 

 

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1 1947 or any time during the national emergency between June 25,
2 1950 and January 31, 1955, or any time from August 5, 1964
3 until the date determined by Congress of the United States as
4 the end of Viet Nam hostilities, or at any time between August
5 6, 1990 and the date the Persian Gulf conflict ends as
6 prescribed by Presidential proclamation or order, and who were
7 honorably discharged therefrom or who are now or who may
8 hereafter be on inactive or reserve duty in such military or
9 naval service, not including, however, persons who were
10 convicted by court martial of disobedience of orders where such
11 disobedience consisted in the refusal to perform military
12 service on the ground of alleged religious or conscientious
13 objections against war, and whose names appear on existing
14 promotional eligible registers or any promotional eligible
15 register that may hereafter be created, as provided for by this
16 Act, shall be preferred for promotional appointment to civil
17 offices, positions and places of employment in the classified
18 civil service of the District coming under the provisions of
19 this Act.
20     The Director of Human Resources Personnel shall give
21 preference for promotional appointment to persons as
22 hereinabove designated whose names appear on existing
23 promotional eligible registers or promotional eligible
24 registers that may hereafter be created by adding to the final
25 grade average which they received or will receive as the result
26 of any promotional examination commencing prior to September 1,

 

 

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1 1949 three-fourths of one point for each 6 months or fraction
2 thereof of military or naval service not exceeding 48 months,
3 and by adding to the final grade average which they will
4 receive as the result of any promotional examination held
5 commencing on or after September 1, 1949 seven-tenths of one
6 point for each 6 months or fraction thereof of military or
7 naval service not exceeding 30 months. The numerical result
8 thus attained shall be applied by the Director of Human
9 Resources Personnel in determining the position of such persons
10 on any eligible list which has been created or will be created
11 as the result of any promotional examination held hereunder for
12 purposes of preference in certification and appointment from
13 such eligible list.
14     No person shall receive the preference for a promotional
15 appointment granted by this Section after he has received one
16 promotion from an eligible list on which he was allowed such
17 preference and which was prepared as a result of an examination
18 held on or after September 1, 1949.
19     No person entitled to preference or credit for military or
20 naval service hereunder shall be required to furnish evidence
21 or record of honorable discharge from the armed forces before
22 any examination held under the provisions of this Act but such
23 preference shall be given after the posting or publication of
24 the eligible list or register and before any certification or
25 appointments are made from the eligible register.
26 (Source: P.A. 86-324; 87-945.)
 

 

 

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1     (70 ILCS 2605/4.38)  (from Ch. 42, par. 323.38)
2     Sec. 4.38. Any person who first becomes employed under this
3 Act after December 31, 1987, or any former employee who returns
4 to employment after that date, must be domiciled within the
5 territorial boundaries of the sanitary district; provided that
6 an employee on probationary status shall not be required to be
7 domiciled within the territorial boundaries until 6 months
8 after successful completion of probation. Failure to comply
9 with the requirements of this Section shall be cause for
10 removal or discharge from employment.
11     The Director of Human Resources Personnel is authorized to
12 waive this requirement for any person assigned to a facility
13 located outside of the territorial boundaries.
14 (Source: P.A. 85-393.)
 
15     (70 ILCS 2605/5.4)  (from Ch. 42, par. 324n)
16     Sec. 5.4. The executive director general superintendent
17 shall prepare the budget for the district and shall submit the
18 proposed budget to the board of trustees which shall make such
19 changes as it deems desirable and shall approve the budget. The
20 content of the budget shall be substantially as follows:
21     (1) A budgetary message which sets forth the fiscal policy
22 of the district for the fiscal year, describing in connection
23 therewith the programs and the cost of performance to achieve
24 the objectives of the district relating to drainage, sewage

 

 

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1 collection, sewage treatment and solids disposals including
2 unit costs whenever ascertainable, in such a manner that
3 indirect cost to achieve such objectives will be set apart for
4 purpose of cost analysis. The message also should include a
5 general budget summary setting forth the aggregate figures of
6 the budget to show the balanced relationship between the total
7 proposed expenditures and the total anticipated receipts and
8 other means of financing the budget for the ensuing fiscal
9 year, contrasted with the actual receipt and disbursement
10 figures for the preceding year and the estimated figures for
11 the current year.
12     (2) The several estimates, statements, and other detail,
13 set forth in Section 5.3 of this Act.
14     (3) Complete drafts of the proposed appropriation
15 ordinance, tax levy ordinance, and other ordinances required to
16 give legal sanction to the appropriations when approved and
17 adopted by the board of trustees of the district.
18 (Source: P.A. 76-1910.)
 
19     (70 ILCS 2605/5.5)  (from Ch. 42, par. 324o)
20     Sec. 5.5. At least 60 days prior to the beginning of the
21 budget year, the heads of all departments of the district shall
22 prepare and submit to the executive director general
23 superintendent detailed estimates of expenditure requirements
24 with respect to the contributions each department or
25 organizational unit is expected to make in achieving approved

 

 

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1 program objectives for the budget year, compared with the
2 actual figures of the preceding year and the estimated figures
3 for the current year. The expenditure estimates must be in
4 detail and must be classified to set forth the data by funds,
5 organization units, objects, character, and functions
6 (activities) of expenditures in accordance with the
7 classification of expenditure accounts adopted, or hereafter
8 adopted, by the board of trustees. The detailed estimates of
9 expenditure shall be accompanied by written statements of
10 specific objectives to be achieved, the cost of achieving these
11 objectives and supporting work units and unit cost data
12 wherever applicable.
13     Within 15 days after the receipt of the department
14 expenditure estimates, the executive director general
15 superintendent shall prepare and submit to the board of
16 trustees a sufficient number of complete copies of the
17 departmental estimates of expenditures together with the
18 aggregate expenditure estimates in detail and his own estimate
19 of receipts of the district for the ensuing fiscal year. The
20 estimates of receipts must be in detail and must be classified
21 to show the receipts by funds, and the several sources of
22 receipts, including the proceeds to be derived from the sale of
23 bonds, or other property, and must be in accordance with the
24 classification of revenue accounts now or hereafter adopted by
25 the board of trustees.
26     The board of trustees shall review the estimates both of

 

 

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1 anticipated receipts and of anticipated expenditures, adding
2 to, altering, revising, increasing or decreasing the items of
3 the estimates as it deems necessary in view of the needs and
4 available and probable receipts of the district. The board of
5 trustees shall then prepare a tentative budget setting forth
6 the detailed estimates both of expenditures and receipts
7 together with all supporting schedules, summary statements,
8 drafts of the appropriation ordinance, tax levy ordinance and
9 other ordinances necessary to give effect to the budget, in the
10 form provided in Section 5.4 of this Act.
11 (Source: P.A. 76-1910.)
 
12     (70 ILCS 2605/5.7)  (from Ch. 42, par. 324q)
13     Sec. 5.7. The board of trustees of the district shall
14 consider the budget estimates as submitted to it by the
15 executive director general superintendent and may add to,
16 revise, alter, increase or decrease the items contained in the
17 budget. However, in no event may the total aggregate proposed
18 expenditures in the budget exceed the total estimated means of
19 financing the budget.
20     The board of trustees shall, before January first of the
21 budget year, adopt the budget which is effective on January
22 first of the budget year. The appropriation ordinance and tax
23 levy ordinance must be parts of the budget and must be adopted
24 as a part thereof by single action of the board of trustees.
25 The appropriation ordinance must be filed with and be a part of

 

 

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1 the tax levy ordinance, which tax levy ordinance need not
2 contain any further or additional specifications of purposes,
3 itemizations or details for which appropriations and the levy
4 are made. The board of trustees shall appropriate such sums of
5 money as may be necessary to defray all necessary expenses and
6 liabilities of the district to be paid by the board of trustees
7 or incurred during and until the time of the adoption and
8 effective date of the next annual appropriation ordinance under
9 this Section. The board of trustees shall appropriate such sums
10 of money as may be necessary to pay the principal and interest
11 on bonds. The board may not expend any money or incur any
12 indebtedness or liability on behalf of the district in excess
13 of the percentage and several amounts limited by law, when
14 applied to the last known assessment. The appropriation
15 ordinance must specify the several funds, organization units,
16 objects, character and functions (activities) for which such
17 appropriations are made, and the amount appropriated for each
18 fund, organization unit, object, character, and function
19 (activity). The receipts of the district as estimated in the
20 budget and as provided for by the tax levy ordinances and other
21 revenues and borrowing Acts or ordinances are applicable in the
22 amounts and according to the funds specified in the budget for
23 the purpose of meeting the expenditures authorized by the
24 appropriate ordinance. The vote of the board of trustees upon
25 the budget shall be taken by yeas and nays, and shall be
26 entered in the proceedings of the board of trustees.

 

 

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1     The appropriation ordinance may be amended at the next
2 regular meeting of the board of trustees occurring before
3 January first of the budget year and not less than 5 days after
4 the passage thereof in like manner as other ordinances. If any
5 items of appropriations contained therein are vetoed by the
6 president of the board, with recommendations for alterations or
7 changes therein, the adoption of such recommendations by a yea
8 and nay vote is the equivalent of an amendment of such annual
9 appropriation ordinance with like effect as if an amendatory
10 ordinance had been passed.
11     Such appropriation ordinance together with other parts of
12 the budget as the board of trustees desire must be published in
13 a newspaper of general circulation in the district and made
14 conveniently available for inspection by the public. Such
15 publication must be made after the date of passage of such
16 budget and before January 20 of the budget year, but the date
17 of publication does not affect the legality of the
18 appropriation ordinance or the tax levy ordinance or any other
19 ordinances necessary to give effect to the budget. Such
20 ordinances are effective on the first day of January of the
21 budget year.
22     The Clerk shall certify that such appropriation ordinance
23 as published is a true, accurate and complete copy of the
24 appropriation ordinance as passed and approved by the board of
25 trustees. The board of trustees shall also make public, by
26 publication or otherwise, at this time, the tax rate necessary

 

 

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1 or estimated to be necessary to finance the budget as adopted.
2     After adoption of the appropriation ordinance, the board of
3 trustees may not make any further or other appropriation prior
4 to the adoption or passage of the next succeeding annual
5 appropriation ordinance. The board has no power, either
6 directly or indirectly, to make any contract or to take any
7 action which adds to the total of district expenditures or
8 liabilities in any budget year any sum over and above the
9 amount provided for in the annual appropriation ordinance for
10 the budget year. However, the board of trustees has the power,
11 anything in this Act to the contrary notwithstanding, if after
12 the adoption of the appropriation ordinance (1) federal or
13 State grants or loans are accepted, (2) the voters approve a
14 bond ordinance for a particular purpose or the issuance of
15 bonds is otherwise authorized by law, or (3) duly authorized
16 bonds of the district remaining unissued and unsold have been
17 cancelled and any ordinance has been adopted by the board of
18 trustees under Section 9 of this Act authorizing the issuance
19 of bonds not exceeding in the aggregate the amount of bonds so
20 cancelled, to pass a supplemental appropriation ordinance (in
21 compliance with the provisions of this Act as to publication
22 and voting thereon by the board of trustees) making
23 appropriation, for the particular purpose only as set forth in
24 the ordinance, of the proceeds of the grants, loans, or bond
25 issue or any part thereof required to be expended during the
26 fiscal year. However, nothing herein contained prevents the

 

 

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1 board of trustees, by a concurring vote of two-thirds of all
2 the trustees (votes to be taken by yeas and nays and entered in
3 the proceeding of the board of trustees), from making any
4 expenditures or incurring any liability rendered necessary to
5 meet emergencies such as epidemics, flood, fire, unforeseen
6 damages or other catastrophes, happening after the annual
7 appropriation ordinance has been passed or adopted, nor does
8 anything herein deprive the board of trustees of the power to
9 provide for and cause to be paid from the district funds any
10 charge upon the district imposed by law without the action of
11 the board of trustees.
12 (Source: P.A. 90-655, eff. 7-30-98.)
 
13     (70 ILCS 2605/7a)  (from Ch. 42, par. 326a)
14     Sec. 7a. Discharge into sewers of a sanitary district.
15     (a) The terms used in this Section are defined as follows:
16     "Board of Commissioners" means the Board of Commissioners
17 of the sanitary district.
18     "Sewage" means water-carried human wastes or a combination
19 of water-carried wastes from residences, buildings,
20 businesses, industrial establishments, institutions, or other
21 places together with any ground, surface, storm, or other water
22 that may be present.
23     "Industrial Wastes" means all solids, liquids, or gaseous
24 wastes resulting from any commercial, industrial,
25 manufacturing, agricultural, trade, or business operation or

 

 

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1 process, or from the development, recovery, or processing of
2 natural resources.
3     "Other Wastes" means decayed wood, sawdust, shavings,
4 bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
5 and all other substances except sewage and industrial wastes.
6     "Person" means any individual, firm, association, joint
7 venture, sole proprietorship, company, partnership, estate
8 copartnership, corporation, joint stock company, trust, school
9 district, unit of local government, or private corporation
10 organized or existing under the laws of this or any other state
11 or country.
12     "Executive Director" "General Superintendent" means the
13 executive director general superintendent of the sanitary
14 district.
15     (b) It shall be unlawful for any person to discharge
16 sewage, industrial waste, or other wastes into the sewerage
17 system of a sanitary district or into any sewer connected
18 therewith, except upon the terms and conditions that the
19 sanitary district might reasonably impose by way of ordinance,
20 permit, or otherwise.
21     Any sanitary district, in addition to all other powers
22 vested in it and in the interest of public health and safety,
23 or as authorized by subsections (b) and (c) of Section 46 of
24 the Environmental Protection Act, is hereby empowered to pass
25 all ordinances, rules, or regulations necessary to implement
26 this Section, including but not limited to, the imposition of

 

 

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1 charges based on factors that influence the cost of treatment,
2 including strength and volume, and including the right of
3 access during reasonable hours to the premises of a person for
4 enforcement of adopted ordinances, rules, or regulations.
5     (c) Whenever the sanitary district acting through the
6 executive director general superintendent determines that
7 sewage, industrial wastes, or other wastes are being discharged
8 into the sewerage system and when, in the opinion of the
9 executive director general superintendent the discharge is in
10 violation of an ordinance, rules, or regulations adopted by the
11 Board of Commissioners under this Section governing industrial
12 wastes or other wastes, the executive director general
13 superintendent shall order the offending party to cease and
14 desist. The order shall be served by certified mail or
15 personally on the owner, officer, registered agent, or
16 individual designated by permit.
17     In the event the offending party fails or refuses to
18 discontinue the discharge within 90 days after notification of
19 the cease and desist order, the executive director general
20 superintendent may order the offending party to show cause
21 before the Board of Commissioners of the sanitary district why
22 the discharge should not be discontinued. A notice shall be
23 served on the offending party directing him, her, or it to show
24 cause before the Board of Commissioners why an order should not
25 be entered directing the discontinuance of the discharge. The
26 notice shall specify the time and place where a hearing will be

 

 

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1 held and shall be served personally or by registered or
2 certified mail at least 10 days before the hearing; and in the
3 case of a unit of local government or a corporation the service
4 shall be upon an officer or agent thereof. After reviewing the
5 evidence, the Board of Commissioners may issue an order to the
6 party responsible for the discharge, directing that within a
7 specified period of time the discharge be discontinued. The
8 Board of Commissioners may also order the party responsible for
9 the discharge to pay a civil penalty in an amount specified by
10 the Board of Commissioners that is not less than $100 nor more
11 than $2,000 per day for each day of discharge of effluent in
12 violation of this Act as provided in subsection (d). The Board
13 of Commissioners may also order the party responsible for the
14 violation to pay court reporter costs and hearing officer fees
15 in a total amount not exceeding $3,000.
16     (d) The Board of Commissioners shall establish procedures
17 for assessing civil penalties and issuing orders under
18 subsection (c) as follows:
19         (1) In making its orders and determinations, the Board
20     of Commissioners shall take into consideration all the
21     facts and circumstances bearing on the activities involved
22     and the assessment of civil penalties as shown by the
23     record produced at the hearing.
24         (2) The Board of Commissioners shall establish a panel
25     of independent hearing officers to conduct all hearings on
26     the assessment of civil penalties and issuance of orders

 

 

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1     under subsection (c). The hearing officers shall be
2     attorneys licensed to practice law in this State.
3         (3) The Board of Commissioners shall promulgate
4     procedural rules governing the proceedings, the assessment
5     of civil penalties, and the issuance of orders.
6         (4) All hearings shall be on the record, and testimony
7     taken must be under oath and recorded stenographically.
8     Transcripts so recorded must be made available to any
9     member of the public or any party to the hearing upon
10     payment of the usual charges for transcripts. At the
11     hearing, the hearing officer may issue, in the name of the
12     Board of Commissioners, notices of hearing requesting the
13     attendance and testimony of witnesses and the production of
14     evidence relevant to any matter involved in the hearing and
15     may examine witnesses.
16         (5) The hearing officer shall conduct a full and
17     impartial hearing on the record, with an opportunity for
18     the presentation of evidence and cross-examination of the
19     witnesses. The hearing officer shall issue findings of
20     fact, conclusions of law, a recommended civil penalty, and
21     an order based solely on the record. The hearing officer
22     may also recommend, as part of the order, that the
23     discharge of industrial waste be discontinued within a
24     specified time.
25         (6) The findings of fact, conclusions of law,
26     recommended civil penalty, and order shall be transmitted

 

 

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1     to the Board of Commissioners along with a complete record
2     of the hearing.
3         (7) The Board of Commissioners shall either approve or
4     disapprove the findings of fact, conclusions of law,
5     recommended civil penalty, and order. If the findings of
6     fact, conclusions of law, recommended civil penalty, or
7     order are rejected, the Board of Commissioners shall remand
8     the matter to the hearing officer for further proceedings.
9     If the order is accepted by the Board of Commissioners, it
10     shall constitute the final order of the Board of
11     Commissioners.
12         (8) (Blank).
13         (9) The civil penalty specified by the Board of
14     Commissioners shall be paid within 35 days after the party
15     on whom it is imposed receives a written copy of the order
16     of the Board of Commissioners, unless the person or persons
17     to whom the order is issued seeks judicial review under
18     paragraph (8).
19         (10) If the respondent seeks judicial review of the
20     order assessing civil penalties, the respondent shall,
21     within 35 days after the date of the final order, pay the
22     amount of the civil penalties into an escrow account
23     maintained by the district for that purpose or file a bond
24     guaranteeing payment of the civil penalties if the civil
25     penalties are upheld on review.
26         (11) Civil penalties not paid by the times specified

 

 

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1     above shall be delinquent and subject to a lien recorded
2     against the property of the person ordered to pay the
3     penalty. The foregoing provisions for asserting liens
4     against real estate by the sanitary district shall be in
5     addition to and not in derogation of any other remedy or
6     right of recovery, in law or equity, that the sanitary
7     district may have with respect to the collection or
8     recovery of penalties and charges imposed by the sanitary
9     district. Judgment in a civil action brought by the
10     sanitary district to recover or collect the charges shall
11     not operate as a release and waiver of the lien upon the
12     real estate for the amount of the judgment. Only
13     satisfaction of the judgment or the filing of a release or
14     satisfaction of lien shall release the lien.
15     (e) The executive director general superintendent may
16 order a person to cease the discharge of industrial waste upon
17 a finding by the executive director general superintendent that
18 the final order of the Board of Commissioners entered after a
19 hearing to show cause has been violated. The executive director
20 general superintendent shall serve the person with a copy of
21 his or her order either by certified mail or personally by
22 serving the owner, officer, registered agent, or individual
23 designated by permit. The order of the executive director
24 general superintendent shall also schedule an expedited
25 hearing before a hearing officer designated by the Board of
26 Commissioners for the purpose of determining whether the

 

 

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1 company has violated the final order of the Board of
2 Commissioners. The Board of Commissioners shall adopt rules of
3 procedure governing expedited hearings. In no event shall the
4 hearing be conducted less than 7 days after receipt by the
5 person of the executive director's general superintendent's
6 order.
7     At the conclusion of the expedited hearing, the hearing
8 officer shall prepare a report with his or her findings and
9 recommendations and transmit it to the Board of Commissioners.
10 If the Board of Commissioners, after reviewing the findings and
11 recommendations, and the record produced at the hearings,
12 determines that the person has violated the Board of
13 Commissioner's final order, the Board of Commissioners may
14 authorize the plugging of the sewer. The executive director
15 general superintendent shall give not less than 10 days written
16 notice of the Board of Commissioner's order to the owner,
17 officer, registered agent, or individual designated by permit,
18 as well as the owner of record of the real estate and other
19 parties known to be affected, that the sewer will be plugged.
20     The foregoing provision for plugging a sewer shall be in
21 addition to and not in derogation of any other remedy, in law
22 or in equity, that the district may have to prevent violation
23 of its ordinances and orders of its Board of Commissioners.
24     (f) A violation of the final order of the Board of
25 Commissioners shall be considered a nuisance. If any person
26 discharges sewage, industrial wastes, or other wastes into any

 

 

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1 waters contrary to the final order of the Board of
2 Commissioners, the sanitary district acting through the
3 executive director general superintendent has the power to
4 commence an action or proceeding in the circuit court in and
5 for the county in which the sanitary district is located for
6 the purpose of having the discharge stopped either by mandamus
7 or injunction, or to remedy the violation in any manner
8 provided for in this Section.
9     The court shall specify a time, not exceeding 20 days after
10 the service of the copy of the complaint, in which the party
11 complained of must plead to the complaint, and in the meantime,
12 the party may be restrained. In case of default or after
13 pleading, the court shall immediately inquire into the facts
14 and circumstances of the case and enter an appropriate judgment
15 in respect to the matters complained of. Appeals may be taken
16 as in other civil cases.
17     (g) The sanitary district, acting through the executive
18 director general superintendent, has the power to commence an
19 action or proceeding for mandamus or injunction in the circuit
20 court ordering a person to cease its discharge, when, in the
21 opinion of the executive director general superintendent, the
22 person's discharge presents an imminent danger to the public
23 health, welfare, or safety, presents or may present an
24 endangerment to the environment, or threatens to interfere with
25 the operation of the sewerage system or a water reclamation
26 plant under the jurisdiction of the sanitary district. The

 

 

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1 initiation of a show cause hearing is not a prerequisite to the
2 commencement by the sanitary district of an action or
3 proceeding for mandamus or injunction in the circuit court. The
4 court shall specify a time, not exceeding 20 days after the
5 service of a copy of the petition, in which the party
6 complained of must answer the petition, and in the meantime,
7 the party may be restrained. In case of default in answer or
8 after answer, the court shall immediately inquire into the
9 facts and circumstances of the case and enter an appropriate
10 judgment order in respect to the matters complained of. An
11 appeal may be taken from the final judgment in the same manner
12 and with the same effect as appeals are taken from judgment of
13 the circuit court in other actions for mandamus or injunction.
14     (h) Whenever the sanitary district commences an action
15 under subsection (f) of this Section, the court shall assess a
16 civil penalty of not less than $1,000 nor more than $10,000 for
17 each day the person violates a Board order. Whenever the
18 sanitary district commences an action under subsection (g) of
19 this Section, the court shall assess a civil penalty of not
20 less than $1,000 nor more than $10,000 for each day the person
21 violates the ordinance. Each day's continuance of the violation
22 is a separate offense. The penalties provided in this Section
23 plus interest at the rate set forth in the Interest Act on
24 unpaid penalties, costs, and fees, imposed by the Board of
25 Commissioners under subsection (d), the reasonable costs to the
26 sanitary district of removal or other remedial action caused by

 

 

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1 discharges in violation of this Act, reasonable attorney's
2 fees, court costs, and other expenses of litigation together
3 with costs for inspection, sampling, analysis, and
4 administration related to the enforcement action against the
5 offending party are recoverable by the sanitary district in a
6 civil action.
7     (i) The Board of Commissioners may establish fees for late
8 filing of reports with the sanitary district required by an
9 ordinance governing discharges. The sanitary district shall
10 provide by certified mail a written notice of the fee
11 assessment that states the person has 30 days after the receipt
12 of the notice to request a conference with the executive
13 director's general superintendent's designee to discuss or
14 dispute the appropriateness of the assessed fee. Unless a
15 person objects to paying the fee for filing a report late by
16 timely requesting in writing a conference with a designee of
17 the executive director general superintendent, that person
18 waives his or her right to a conference and the sanitary
19 district may impose a lien recorded against the property of the
20 person for the amount of the unpaid fee.
21     If a person requests a conference and the matter is not
22 resolved at the conference, the person subject to the fee may
23 request an administrative hearing before an impartial hearing
24 officer appointed under subsection (d) to determine the
25 person's liability for and the amount of the fee.
26     If the hearing officer finds that the late filing fees are

 

 

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1 owed to the sanitary district, the sanitary district shall
2 notify the responsible person or persons of the hearing
3 officer's decision. If payment is not made within 30 days after
4 the notice, the sanitary district may impose a lien on the
5 property of the person or persons.
6     Any liens filed under this subsection shall apply only to
7 the property to which the late filing fees are related. A claim
8 for lien shall be filed in the office of the recorder of the
9 county in which the property is located. The filing of a claim
10 for lien by the district does not prevent the sanitary district
11 from pursuing other means for collecting late filing fees. If a
12 claim for lien is filed, the sanitary district shall notify the
13 person whose property is subject to the lien, and the person
14 may challenge the lien by filing an action in the circuit
15 court. The action shall be filed within 90 days after the
16 person receives the notice of the filing of the claim for lien.
17 The court shall hear evidence concerning the underlying reasons
18 for the lien only if an administrative hearing has not been
19 held under this subsection.
20     (j) If the provisions of any paragraph of this Section are
21 declared unconstitutional or invalid by the final decision of
22 any court of competent jurisdiction, the provisions of the
23 remaining paragraphs continue in effect.
24     (k) Nothing in this Section eliminates any of the powers
25 now granted to municipalities having a population of 500,000 or
26 more as to design, preparation of plans, and construction,

 

 

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1 maintenance, and operation of sewers and sewerage systems, or
2 for the control and elimination or prevention of the pollution
3 of their waters or waterways, in the Illinois Municipal Code or
4 any other Act of the State of Illinois.
5     (l) The provisions of the Administrative Review Law and all
6 amendments and rules adopted pursuant to that Law apply to and
7 govern all proceedings for the judicial review of final
8 administrative decisions of the Board of Commissioners in the
9 enforcement of any ordinance, rule, or regulation adopted under
10 this Act.
11 (Source: P.A. 90-354, eff. 8-8-97; 91-925, eff. 7-7-00.)
 
12     (70 ILCS 2605/7aa)  (from Ch. 42, par. 326aa)
13     Sec. 7aa. The sanitary district has the power and authority
14 to prevent the pollution of any waters from which a water
15 supply may be obtained by any city, town or village within the
16 district. The sanitary district acting through the executive
17 director general superintendent has the power to commence an
18 action or proceeding in the circuit court in and for the county
19 in which the district is located for the purpose of having the
20 pollution stopped and prevented either by mandamus or
21 injunction. The court shall specify a time, not exceeding 20
22 days after the service of the copy of the petition, in which
23 the party complained of must answer the petition, and in the
24 meantime, the party be restrained. In case of default in answer
25 or after answer, the court shall immediately inquire into the

 

 

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1 facts and circumstances of the case and enter an appropriate
2 judgment order in respect to the matters complained of. An
3 appeal may be taken from the final judgment in the same manner
4 and with the same effect as appeals are taken from judgments of
5 the circuit court in other actions for mandamus or injunction.
6 (Source: Laws 1967, p. 623.)
 
7     (70 ILCS 2605/7f)  (from Ch. 42, par. 326f)
8     Sec. 7f. Regulation of connecting sewerage systems.
9     (a) It shall be unlawful for any person to construct or
10 install any sewerage system that discharges sewage, industrial
11 wastes, or other wastes, directly or indirectly, into the
12 sewerage system of the sanitary district, unless a written
13 permit for the sewerage system has been granted by the sanitary
14 district acting through the executive director general
15 superintendent. The sanitary district shall specify by
16 ordinance the changes, additions, or extensions to an existing
17 sewerage system that will require a permit. No changes,
18 additions, or extensions to any existing sewerage systems
19 discharging sewage, industrial wastes, or other wastes into the
20 sewerage system of the sanitary district, that requires a
21 permit, may be made until plans for the changes, additions, or
22 extensions have been submitted to and a written permit obtained
23 from the sanitary district acting through the executive
24 director general superintendent; provided, however, that this
25 Section is not applicable in any municipality having a

 

 

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1 population of more than 500,000.
2     (b) Sewerage systems shall be operated in accordance with
3 the ordinances of the sanitary district. The Board of
4 Commissioners of any sanitary district is authorized to
5 regulate, limit, extend, deny, or otherwise control any new or
6 existing connection, addition, or extension to any sewer or
7 sewerage system which directly or indirectly discharges into
8 the sanitary district sewerage system. The Board shall adopt
9 standards and specifications for construction, operation, and
10 maintenance. This Section shall not apply to sewerage systems
11 under the jurisdiction of any city, village, or incorporated
12 town having a population of 500,000 or more.
13     (c) The Board of Commissioners of any sanitary district is
14 hereby authorized to pass all necessary ordinances to carry out
15 the aforementioned powers. The ordinances may provide for a
16 civil penalty for each offense of not less than $100 nor more
17 than $1,000. Each day's continuance of the violation shall be a
18 separate offense. Hearings for violations of the ordinances
19 adopted by the Board of Commissioners may be conducted by the
20 Board of Commissioners or its designee.
21     (d) Plans and specifications for any sewerage system
22 covered by this Act must be submitted to the sanitary district
23 before a written permit may be issued and the construction of
24 any sewerage system must be in accordance with the plans and
25 specifications. In case it is necessary or desirable to make
26 material changes in the plans or specifications, the revised

 

 

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1 plans or specifications, together with the reasons for the
2 proposed changes, must be submitted to the sanitary district
3 for a supplemental written permit.
4     (e) The sanitary district, acting through the executive
5 director general superintendent, may require any owner of a
6 sewerage system discharging into the sewerage system of the
7 sanitary district, to file with it complete plans of the whole
8 or of any part of the system and any other information and
9 records concerning the installation and operation of the
10 system.
11     (f) The sanitary district, acting through the executive
12 director general superintendent, may establish procedures for
13 the review of any plans, specifications, or other data relative
14 to any sewerage system, written permits for which are required
15 by this Act.
16     (g) The sanitary district, acting through the executive
17 director general superintendent, may adopt and enforce rules
18 and regulations governing the issuance of permits and the
19 method and manner under which plans, specifications, or other
20 data relative thereto must be submitted for the sewerage
21 systems or for additions or changes to or extensions of the
22 systems.
23     (h) After a hearing on an alleged violation of any such
24 ordinance, the Board may, in addition to any civil penalty
25 imposed, order any person found to have committed a violation
26 to reimburse the sanitary district for the costs of the

 

 

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1 hearing, including any expenses incurred for inspection,
2 sampling, analysis, administrative costs, and court reporter's
3 and attorney's fees. The Board of Commissioners may also
4 require a person to achieve compliance with the ordinance
5 within a specified period of time. The Administrative Review
6 Law, and the rules adopted under that Law, shall govern
7 proceedings for the judicial review of final orders of the
8 Board of Commissioners issued under this subsection.
9     (i) Civil penalties and costs imposed pursuant to this
10 Section are recoverable by the sanitary district in a civil
11 action. The sanitary district is authorized to apply to the
12 circuit court for injunctive relief or mandamus when, in the
13 opinion of the executive director general superintendent, the
14 person has failed to comply with an order of the Board of
15 Commissioners or the relief is necessary to protect the
16 sewerage system of the sanitary district.
17     (j) The operation and maintenance of any existing sanitary
18 sewerage system serving territory that is annexed by a
19 municipality located in a county with a population of 3,000,000
20 or more after the effective date of this amendatory Act of the
21 92nd General Assembly is the responsibility of the municipality
22 to which the territory is annexed, unless the sanitary sewerage
23 system is under the jurisdiction of another unit of local
24 government other than the District.
25 (Source: P.A. 92-255, eff. 8-3-01.)
 

 

 

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1     (70 ILCS 2605/8)  (from Ch. 42, par. 327)
2     Sec. 8. Except as otherwise in this Act provided, the
3 sanitary district may acquire by lease, purchase or otherwise
4 within or without its corporate limits, or by condemnation
5 within its corporate limits, any and all real and personal
6 property, right of way and privilege that may be required for
7 its corporate purposes. All moneys for the purchase and
8 condemnation of any property must be paid before possession is
9 taken, or any work done on the premises. In case of an appeal
10 from the Court in which the condemnation proceedings are
11 pending, taken by either party, whereby the amount of damages
12 is not finally determined, the amount of the judgment in the
13 court shall be deposited with the county treasurer of the
14 county in which the judgment is rendered, subject to the
15 payment of damages on orders signed by the judge whenever the
16 amount of damages is finally determined.
17     Upon recommendation of the executive director general
18 superintendent and upon the approval of the board of trustees
19 when any real or personal property, right of way or privilege
20 or any interest therein, or any part thereof of such sanitary
21 district is no longer required for the corporate purposes of
22 the sanitary district it may be sold, vacated or released. Such
23 sales, vacations, or releases may be made subject to such
24 conditions and the retention of such interest therein as may be
25 deemed for the best interest of such sanitary district as
26 recommended by the executive director general superintendent

 

 

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1 and approved by the board of trustees.
2     However, the sanitary district may enter into a lease of a
3 building or a part thereof, or acquire title to a building
4 already constructed or to be constructed, for the purpose of
5 securing office space for its administrative corporate
6 functions, the period of such lease not to exceed 15 years
7 except as authorized by the provisions of Section 8b of this
8 Act. In the event of the purchase of such property for
9 administrative corporate functions, the sanitary district may
10 execute a mortgage or other documents of indebtedness as may be
11 required for the unpaid balance, to be paid in not more than 15
12 annual installments. Annual installments on the mortgage or
13 annual payment on the lease shall be considered a current
14 corporate expense of the year in which they are to be paid, and
15 the amount of such annual installment or payment shall be
16 included in the Annual Appropriation and Corporate Tax Levy
17 Ordinances. Such expense may be incurred, notwithstanding the
18 provisions, if any applicable, contained in any other Sections
19 of this Act.
20     The sanitary district may dedicate to the public for
21 highway purposes any of its real property and the dedications
22 may be made subject to such conditions and the retention of
23 such interests therein as considered in the best interests of
24 the sanitary district by the board of trustees upon
25 recommendation of the executive director general
26 superintendent.

 

 

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1     The sanitary district may lease to others for any period of
2 time, not to exceed 99 years, upon the terms as its board of
3 trustees upon recommendation of the executive director general
4 superintendent may determine, any such real property,
5 right-of-way or privilege, or any interest therein or any part
6 thereof, which is in the opinion of the board of trustees and
7 executive director general superintendent of the sanitary
8 district no longer required for its corporate purposes or which
9 may not be immediately needed for such purposes. The leases may
10 contain such terms and conditions, including restrictions as to
11 permissible use of the real property, and retain such interests
12 therein as considered in the best interests of the sanitary
13 district by the board of trustees upon recommendation of the
14 executive director general superintendent. Negotiations and
15 execution of such leases and preparatory activities in
16 connection therewith must comply with Section 8c of this Act.
17 The sanitary district may grant easements and permits for the
18 use of any such real property, right-of-way, or privilege,
19 which will not in the opinion of the board of trustees and
20 executive director general superintendent of the sanitary
21 district interfere with the use thereof by the sanitary
22 district for its corporate purposes. Such easements and permits
23 may contain such conditions and retain such interests therein
24 as considered in the best interests of the sanitary district by
25 the board of trustees upon recommendation of the executive
26 director general superintendent.

 

 

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1     No sales, vacations, dedications for highway purposes, or
2 leases for periods in excess of 5 years, of the following
3 described real estate, may be made or granted by the sanitary
4 district without the approval in writing of the Director of
5 Natural Resources of the State of Illinois:
6     All the right-of-way of the Calumet-Sag Channel of the
7 sanitary district extending from the Little Calumet River near
8 Blue Island, Illinois, to the right-of-way of the main channel
9 of the sanitary district near Sag, Illinois.
10     Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
11 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
12 lying northeasterly of a tract of land leased to the Corn
13 Products Manufacturing Company from January 1, 1908, to
14 December 31, 2006; 1000 feet of Lot 141 lying southwesterly of
15 and adjoining the above mentioned leased tract measured
16 parallel with the main channel of the sanitary district; Lots
17 166, 168, 207, 208, and part of Lot 211 lying northeasterly of
18 a line 1500 feet southwesterly of the center line of Stephen
19 Street, Lemont, Illinois, and parallel with said street
20 measured parallel with said main channel; and Lot 212 of the
21 Sanitary District Trustees Subdivision of right-of-way from
22 the north and south center line of Section 30, Township 39
23 North, Range 14 East of the Third Principal Meridian, to Will
24 County line.
25     That part of the right-of-way of the main channel of the
26 sanitary district in Section 14, Township 37 North, Range 11

 

 

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1 East of the Third Principal Meridian, lying southerly of said
2 main channel, northerly of the Northerly Reserve Line of the
3 Illinois and Michigan Canal, and westerly of the Center line of
4 the old channel of the Des Plaines River.
5     That part of said main channel right-of-way in Section 35,
6 Township 37 North, Range 10 East of the Third Principal
7 Meridian, lying east of said main channel and south of a line
8 1,319.1 feet north of and parallel with the south line of said
9 Section 35.
10     That part of said main channel right-of-way in the
11 northeast quarter of the northwest quarter of Section 2,
12 Township 36 North, Range 10 East of the Third Principal
13 Meridian, lying east of said main channel.
14     That part of said main channel right-of-way lying south of
15 Ninth Street in Lockport, Illinois.
16     Notwithstanding any other law, if any surplus real estate
17 is located in an unincorporated territory and if that real
18 estate is contiguous to only one municipality, 60 days before
19 the sale of that real estate, the sanitary district shall
20 notify in writing the contiguous municipality of the proposed
21 sale. Prior to the sale of the real estate, the municipality
22 shall notify in writing the sanitary district that the
23 municipality will or will not annex the surplus real estate. If
24 the contiguous municipality will annex such surplus real
25 estate, then coincident with the completion of the sale of that
26 real estate by the sanitary district, that real estate shall be

 

 

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1 automatically annexed to the contiguous municipality.
2     All sales of real estate by the sanitary district must be
3 for cash, to the highest bidder upon open competitive bids, and
4 the proceeds of the sales may be used only for the construction
5 and equipment of sewage disposal plants, pumping stations and
6 intercepting sewers and appurtenances thereto, the acquisition
7 of sites and easements therefor, and the financing of the Local
8 Government Assistance Program established under Section 9.6c.
9     However, the sanitary district may:
10     (a) Remise, release, quit claim and convey, without the
11 approval of the Department of Natural Resources of the State of
12 Illinois acting by and through its Director, to the United
13 States of America without any consideration to be paid
14 therefor, in aid of the widening of the Calumet-Sag Channel of
15 the sanitary district by the United States of America, all
16 those certain lands, tenements and hereditaments of every kind
17 and nature of that portion of the established right-of-way of
18 the Calumet-Sag Channel lying east of the east line of Ashland
19 Avenue, in Blue Island, Illinois, and south of the center line
20 of the channel except such portion thereof as is needed for the
21 operation and maintenance of and access to the controlling
22 works lock of the sanitary district;
23     (b) Without the approval of the Department of Natural
24 Resources of the State of Illinois acting by and through its
25 Director, give and grant to the United States of America
26 without any consideration to be paid therefor the right,

 

 

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1 privilege and authority to widen the Calumet-Sag Channel and
2 for that purpose to enter upon and use in the work of such
3 widening and for the disposal of spoil therefrom all that part
4 of the right-of-way of the Calumet-Sag Channel owned by the
5 sanitary district lying south of the center line of the
6 Calumet-Sag Channel from its connection with the main channel
7 of the sanitary district to the east line of Ashland Avenue in
8 Blue Island, Illinois;
9     (c) Make alterations to any structure made necessary by
10 such widening and to construct, reconstruct or otherwise alter
11 the existing highway bridges of the sanitary district across
12 the Calumet-Sag Channel;
13     (d) Give and grant to the United States of America without
14 any consideration to be paid therefor the right to maintain the
15 widened Calumet-Sag Channel without the occupation or use of or
16 jurisdiction over any property of the sanitary district
17 adjoining and adjacent to such widened channel;
18     (e) Acquire by lease, purchase, condemnation or otherwise,
19 whatever land, easements or rights of way, not presently owned
20 by it, that may be required by the United States of America in
21 constructing the Calumet-Sag Navigation Project, as approved
22 in Public Law 525, 79th Congress, Second Session as described
23 in House Document No. 677 for widening and dredging the
24 Calumet-Sag Channel, in improving the Little Calumet River
25 between the eastern end of the Sag Channel and Turning Basin
26 No. 5, and in improving the Calumet River between Calumet

 

 

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1 Harbor and Lake Calumet;
2     (f) Furnish free of cost to the United States all lands,
3 easements, rights-of-way and soil disposal areas necessary for
4 the new work and for subsequent maintenance by the United
5 States;
6     (g) Provide for the necessary relocations of all utilities.
7     Whatever land acquired by the sanitary district may
8 thereafter be determined by the Board of Trustees upon
9 recommendation of the executive director general
10 superintendent as not being needed by the United States for the
11 purposes of constructing and maintaining the Calumet-Sag
12 Navigation Project as above described, shall be retained by the
13 sanitary district for its corporate purposes, or be sold, with
14 all convenient speed, vacated or released (but not leased) as
15 its Board of Trustees upon recommendation of the executive
16 director general superintendent may determine: All sales of
17 such real estate must be for cash, to the highest bidder upon
18 open, competitive bids, and the proceeds of the sales may be
19 used only for the purpose of paying principal and interest upon
20 the bonds authorized by this Act, and if no bonds are then
21 outstanding, for the purpose of paying principal and interest
22 upon any general obligation bonds of the sanitary district, and
23 for corporate purposes of the sanitary district. When the
24 proceeds are used to pay bonds and interest, proper abatement
25 shall be made in the taxes next extended for such bonds and
26 interest.

 

 

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1 (Source: P.A. 95-604, eff. 9-11-07.)
 
2     (70 ILCS 2605/8c)  (from Ch. 42, par. 327c)
3     Sec. 8c. Every lease of property no longer or not
4 immediately required for corporate purposes of a sanitary
5 district, from such district to others for a term not to exceed
6 99 years, in accordance with Section 8 of this Act, shall be
7 negotiated, created and executed in the following manner:
8         (1) Notice of such proposed leasing shall be published
9     for 3 consecutive weeks in a newspaper of general
10     circulation published in such sanitary district, if any,
11     and otherwise in the county containing such district.
12         (2) Prior to receipt of bids for the lease under this
13     Section, the fair market value of every parcel of real
14     property to be leased must be determined by 2 professional
15     appraisers who are members of the American Institute of
16     Real Estate Appraisers or a similar, equivalently
17     recognized professional organization. The sanitary
18     district acting through the executive director general
19     superintendent may select and engage an additional
20     appraiser for such determination of fair market value.
21     Every appraisal report must contain an affidavit
22     certifying the absence of any collusion involving the
23     appraiser and relating to the lease of such property.
24         (3) No lease may be awarded unless the bid of such
25     highest responsible bidder provides for an annual rental

 

 

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1     payment to the sanitary district of at least 6% of the
2     parcel's fair market value determined under this Section,
3     provided however, if the sanitary district determines that
4     a parcel contains a special development impediment,
5     defined as any condition that constitutes a material
6     impediment to the development or lease of a parcel, and
7     includes, but is not limited to: environmental
8     contamination, obsolescence, or advanced disrepair of
9     improvements or structures, or accumulation of large
10     quantities of non-indigenous materials, the sanitary
11     district may establish a minimum acceptable initial annual
12     rental of less than 6% of the parcel's fair market value
13     for the initial 10 years of the lease. In no event will the
14     annual rental payment for each 10-year period after the
15     initial 10 years of the lease be less than the 6% of the
16     parcel's fair market value determined under this Section.
17     Every lease must be awarded to the highest responsible
18     bidder (including established commercial or industrial
19     concerns and financially responsible individuals) upon
20     free and open competitive bids. In determining the
21     responsibility of any bidder, the sanitary district may
22     consider, in addition to financial responsibility, any
23     past records of transactions with the bidder and any other
24     pertinent factors, including but not limited to, the
25     bidder's performance or past record with respect to any
26     lease, use, occupancy, or trespass of sanitary district or

 

 

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1     other lands.
2         (4) Prior to acceptance of the bid of the highest
3     responsible bidder and before execution of the lease the
4     bidder shall submit to the board of commissioners and
5     executive director general superintendent, for
6     incorporation in the lease, a detailed plan and description
7     of improvements to be constructed upon the leased property,
8     the time within which the improvements will be completed,
9     and the intended uses of the leased property. If there is
10     more than one responsible bid, the board of commissioners
11     may authorize and direct the executive director general
12     superintendent to solicit from the 2 highest responsible
13     bidders written amendments to their prior bids, increasing
14     their rental bid proposal by at least 5% in excess of their
15     prior written bid, or otherwise amending the financial
16     terms of their bid so as to maximize the financial return
17     to the sanitary district during the term of the proposed
18     lease. Upon the executive director's general
19     superintendent's tentative agreement with one or more
20     amended bids, the bids may be submitted to the board of
21     commissioners with the recommendation of the executive
22     director general superintendent for acceptance of one or
23     rejection of all. The amendments may not result in a
24     diminution of the terms of the transaction and must result
25     in an agreement that is equal to or greater in value than
26     the highest responsible bid initially received.

 

 

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1         (5) The execution of such lease must be contemporaneous
2     to the execution by the lessee, each member of the board of
3     commissioners and the executive director general
4     superintendent of an affidavit certifying the absence of
5     any collusion involving the lessee, the members and the
6     executive director general superintendent and relating to
7     such lease.
8         (6) No later than 30 days after the effective date of
9     the lease, the lessee must deliver to the sanitary district
10     a certified statement of the County Assessor, Township
11     Assessor or the county clerk of the county wherein the
12     property is situated that such property is presently
13     contained in the official list of lands and lots to be
14     assessed for taxes for the several towns or taxing
15     districts in his county.
16         (7) Such lease may be subject to annual adjustments
17     based on changes in the Consumer Price Index published by
18     the United States Department of Labor, Bureau of Labor
19     Statistics, or some other well known economic governmental
20     activity index. Any lease, the term of which will extend
21     for 15 years or more, shall provide for a redetermination
22     of the fair market value (independent of improvements to
23     the property subsequent to the effective date of the lease)
24     after the initial 10 years and every 10 years thereafter,
25     in the manner set forth in paragraph (2) of this Section,
26     which redetermination shall be referred to as the decennial

 

 

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1     adjustment. Where the property rental is less than 6% of
2     fair market value due to the existence of a special
3     development impediment, the first decennial adjustment
4     shall not occur until the twentieth year of the lease. Such
5     redetermination shall be as of the first day of each
6     succeeding 10 year period, and annual rental payments shall
7     be adjusted so that the ratio of annual rental to fair
8     market value shall be the same as that ratio for the first
9     year of the preceding 10 year period. The decennial
10     adjustment shall not exceed 100% of the rental in effect on
11     the last day of the preceding 10-year period, except when
12     the property rental is less than 6% of fair market value
13     due to the existence of a special development impediment,
14     in which case, the decennial adjustment shall not be so
15     limited until the twentieth year of the lease. The rental
16     payment for the first year of the new 10 year period may be
17     subject to Consumer Price Index or other allowable index
18     adjustments for each of the next 9 years, or until the end
19     of the lease term if there are less than 9 years remaining.
20         (8) A sanitary district may require compensation to be
21     paid in addition to rent, based on a reasonable percentage
22     of revenues derived from a lessee's business operations on
23     the leasehold premises or subleases, or may require
24     additional compensation from the lessee or any sublessee in
25     the form of services, including but not limited to solid
26     waste disposal; provided, however, that such additional

 

 

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1     compensation shall not be considered in determining the
2     highest responsible bid, said highest responsible bid to be
3     determined only on the initial annual rental payment as set
4     forth in paragraph (3) of this Section.
5         (9) No assignment of such lease or sublease of such
6     property is effective unless approved in writing by the
7     executive director general superintendent and the board of
8     commissioners of the sanitary district. The district may
9     consider, for any assignment or sublease, all pertinent
10     factors including the assignee's or sublessee's
11     responsibility in accordance with subparagraph (3) of this
12     Section. The sanitary district may also condition its
13     consent upon the redetermination of the annual rental
14     required to be paid under any lease initially executed on
15     or before January 1, 1983, for which the annual rent being
16     paid thereunder is less than 6% of the current appraised
17     fair market value of the leased property. The
18     redetermination of any annual rental under this Section
19     shall be consistent with the requirements of subparagraphs
20     (2) and (3) of this Section. No assignment or sublease is
21     effective if the assignee or sublessee is a trust
22     constituted by real property of which the trustee has title
23     but no power of management or control, unless the identity
24     of the beneficiaries of the trust is revealed, upon demand,
25     to the executive director general superintendent and the
26     board of commissioners of the sanitary district.

 

 

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1         (10) Failure by the lessee to comply with a provision
2     in the lease relating to improvements upon the leased
3     property or any other provision constitutes grounds for
4     forfeiture of the lease, and upon such failure the sanitary
5     district acting through the executive director general
6     superintendent shall serve the lessee with a notice to
7     terminate the lease and deliver possession of the property
8     to the sanitary district within a particular period.
9         (11) If the executive director general superintendent
10     and the board of commissioners conclude that it would be in
11     the public interest, said sanitary district may lease
12     without complying with the prior provisions of this
13     Section, in accordance with an Act concerning "Transfer of
14     Real Estate between Municipal Corporations", approved July
15     2, 1925, as amended, to the following, upon such terms as
16     may be mutually agreeable: (a) the United States of America
17     and the State of Illinois, County of Cook, any municipal
18     corporation, with provisions that the property is to be
19     applied exclusively for public recreational purposes or
20     other public purposes; (b) any academic institution of
21     learning which has been in existence for 5 years prior to
22     said lease, provided that such lease limit the
23     institution's use of the leased land to only those purposes
24     relating to the operation of such institution's academic or
25     physical educational programs; or (c) any lease involving
26     land located in a county with a population of 100,000 or

 

 

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1     less and which is leased solely for agricultural or
2     commercial recreational uses. Any lease issued in
3     accordance with this paragraph shall contain the
4     provisions that such lease is terminable in accordance with
5     service of a one-year notice to terminate after
6     determination by the board of commissioners and the
7     executive director general superintendent that such
8     property (or part thereof) has become essential to the
9     corporate purposes of the sanitary district.
10 (Source: P.A. 95-604, eff. 9-11-07.)
 
11     (70 ILCS 2605/8d)
12     Sec. 8d. Transfer of certain real property. The Board of
13 Commissioners of the District, upon its determination that all
14 or part of the prism of the relocated North Branch of the
15 Chicago River, between the north right-of-way line of Belmont
16 Avenue (on the south) and the south right-of-way line of
17 Lawrence Avenue (on the north) in Chicago, Cook County,
18 Illinois, is no longer needed for its corporate purposes, and
19 that disposition thereof is in the best interests of the
20 District, with the recommendation of its Executive Director
21 General Superintendent, may convey for fair market value,
22 directly to owners of real property immediately adjacent
23 thereto, such interest in the channel prism as the Board of
24 Commissioners may deem appropriate, by direct negotiation with
25 the adjacent real property owners and without competitive

 

 

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1 bidding, but otherwise subject to all laws, ordinances, and
2 rules applicable to the disposition of surplus real property by
3 the District, upon whatever terms the Board of Commissioners
4 deems appropriate, but subject to the following conditions:
5         (1) The adjacent owner has constructed a dock, patio,
6     terrace, or other nonhabitable recreational structure
7     within the channel prism and adjacent to the owner's
8     personal residence.
9         (2) The structure has been constructed and used before
10     the effective date of this amendatory Act of 1994.
11         (3) The structure is an appurtenance to the personal
12     residence of the owner of the adjacent real property and is
13     used solely for noncommercial personal recreational
14     activities.
15         (4) The structure is otherwise in compliance with all
16     applicable laws, ordinances, rules, and policies of any
17     governmental body having jurisdiction of the real estate,
18     the parties involved with the structure, or the activity of
19     any of the parties involved.
20         (5) The Director of Engineering Chief Engineer and the
21     Director Chief of the Maintenance and Operations
22     Department of the District have determined that the
23     structure will not interfere with the District's execution
24     of its corporate purposes or functions and that the
25     existence of the structure will not hamper or obstruct the
26     hydraulic flows in the channel prism.

 

 

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1         (6) No expansion, extension, or enlargement of the
2     structure is permitted after the date of conveyance of the
3     channel prism segment by the District to the adjacent real
4     property owner.
5 (Source: P.A. 88-572, eff. 8-11-94.)
 
6     (70 ILCS 2605/11.5)  (from Ch. 42, par. 331.5)
7     Sec. 11.5. In the event of an emergency affecting the
8 public health or safety, so declared by action of the board of
9 trustees, which declaration shall describe the nature of the
10 injurious effect upon the public health or safety, contracts
11 may be let to the extent necessary to resolve such emergency
12 without public advertisement. The declaration shall fix the
13 date upon which such emergency shall terminate. The date may be
14 extended or abridged by the board of trustees as in its
15 judgment the circumstances require.
16     The executive director general superintendent appointed in
17 accordance with Section 4 of this Act shall authorize in
18 writing and certify to the director of procurement and
19 materials management purchasing agent those officials or
20 employees of the several departments of the sanitary district
21 who may purchase in the open market without filing a
22 requisition or estimate therefor, and without advertisement,
23 any supplies, materials, equipment or services, for immediate
24 delivery to meet bona fide operating emergencies where the
25 amount thereof is not in excess of $25,000; provided, that the

 

 

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1 director of procurement and materials management purchasing
2 agent shall be notified of such emergency. A full written
3 account of any such emergency together with a requisition for
4 the materials, supplies, equipment or services required
5 therefor shall be submitted immediately by the requisitioning
6 agent to the executive director general superintendent and such
7 report and requisition shall be submitted to the director of
8 procurement and materials management purchasing agent and
9 shall be open to public inspection for a period of at least one
10 year subsequent to the date of such emergency purchase. The
11 exercise of authority in respect to purchases for such bona
12 fide operating emergencies shall not be dependent upon a
13 declaration of emergency by the board of trustees under the
14 first paragraph of this Section.
15 (Source: P.A. 83-518.)
 
16     (70 ILCS 2605/11.6)  (from Ch. 42, par. 331.6)
17     Sec. 11.6. The head of each department shall notify the
18 director of procurement and materials management purchasing
19 agent of those officers and employees authorized to sign
20 requests for purchases. Requests for purchases shall be void
21 unless executed by an authorized officer or employee and
22 approved by the director of procurement and materials
23 management purchasing agent. Requests for purchases may be
24 executed, approved and signed manually or electronically.
25     Officials and employees making requests for purchases

 

 

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1 shall not split or otherwise partition for the purpose of
2 evading the competitive bidding requirements of this Act, any
3 undertaking involving amounts in excess of the mandatory
4 competitive bid threshold.
5 (Source: P.A. 92-195, eff. 1-1-02.)
 
6     (70 ILCS 2605/11.7)  (from Ch. 42, par. 331.7)
7     Sec. 11.7. All proposals to award purchase orders or
8 contracts involving amounts in excess of the mandatory
9 competitive bid threshold shall be published at least 12
10 calendar days in advance of the date announced for the
11 receiving of bids, in a secular English language newspaper of
12 general circulation in said sanitary district and shall be
13 posted simultaneously on readily accessible bulletin boards in
14 the principal office of the sanitary district. Nothing
15 contained in this section shall be construed to prohibit the
16 placing of additional advertisements in recognized trade
17 journals. Advertisements for bids shall describe the character
18 of the proposed contract or agreement in sufficient detail
19 either in the advertisement itself or by reference to plans,
20 specifications or other detail on file at the time of
21 publication of the first announcement, to enable the bidders to
22 know what their obligation will be. The advertisement shall
23 also state the date, time and place assigned for the opening of
24 bids. No bids shall be received at any time subsequent to the
25 time indicated in the announcement; however, an extension of

 

 

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1 time may be granted for the opening of such bids upon
2 publication in the same newspaper of general circulation in
3 said sanitary district stating the date to which bid opening
4 has been extended. The time of the extended bid opening shall
5 not be less than 5 days after publication, Sundays and legal
6 holidays excluded.
7     Cash, cashier's check or a certified check payable to the
8 clerk and drawn upon a bank, as a deposit of good faith, in a
9 reasonable amount not in excess of 10% of the contract amount,
10 may be required of each bidder by the director of procurement
11 and materials management purchasing agent on all bids involving
12 amounts in excess of the mandatory competitive bid threshold.
13 If a deposit is required, the advertisement for bids shall so
14 specify. Instead of a deposit, the director of procurement and
15 materials management purchasing agent may allow the use of a
16 bid bond if the bond is issued by a surety company that is
17 listed in the Federal Register and is authorized to do business
18 in the State of Illinois.
19 (Source: P.A. 92-195, eff. 1-1-02.)
 
20     (70 ILCS 2605/11.8)  (from Ch. 42, par. 331.8)
21     Sec. 11.8. Any agreement or collusion among bidders or
22 prospective bidders in restraint of freedom of competition by
23 agreement to bid a fixed price, or otherwise, shall render the
24 bids of such bidder void. Each bidder shall accompany his bid
25 with a sworn statement, or otherwise swear or affirm, that he

 

 

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1 has not been a party to any such agreement or collusion. Any
2 disclosure in advance of the opening of bids, on the terms of
3 the bids submitted in response to an advertisement, made or
4 permitted by the director of procurement and materials
5 management purchasing agent or any officer or employee of said
6 sanitary district shall render the proceedings void and shall
7 require re-advertisement and re-award.
8 (Source: Laws 1963, p. 2498.)
 
9     (70 ILCS 2605/11.9)  (from Ch. 42, par. 331.9)
10     Sec. 11.9. All sealed bids shall be publicly opened by the
11 director of procurement and materials management purchasing
12 agent, or his designee, and such bids shall be open to public
13 inspection for a period of at least 48 hours before award is
14 made; provided, this provision shall not apply to the sale of
15 bonds, tax anticipation warrants or other financial
16 obligations of the sanitary district.
17 (Source: Laws 1963, p. 2498.)
 
18     (70 ILCS 2605/11.10)  (from Ch. 42, par. 331.10)
19     Sec. 11.10. Every contract or purchase order involving
20 amounts in excess of the mandatory competitive bid threshold
21 shall be signed by the president or other duly authorized
22 officer of the board of commissioners, by the executive
23 director general superintendent, by the clerk and by the
24 director of procurement and materials management purchasing

 

 

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1 agent. Each bid with the name of the bidder shall be entered
2 upon a record which shall be open to public inspection in the
3 office of the director of procurement and materials management
4 purchasing agent. After the award is made, the bids shall be
5 entered in the official records of the board of commissioners.
6     All purchase orders or contracts involving amounts that
7 will not exceed the mandatory competitive bid threshold shall
8 be let by the director of procurement and materials management
9 purchasing agent. They shall be signed by the director of
10 procurement and materials management purchasing agent and the
11 clerk. All records pertaining to such awards shall be open to
12 public inspection for a period of at least one year subsequent
13 to the date of the award.
14     An official copy of each awarded purchase order or contract
15 together with all necessary attachments thereto, including
16 assignments and written consent of the director of procurement
17 and materials management purchasing agent shall be retained by
18 the director of procurement and materials management
19 purchasing agent in an appropriate file open to the public for
20 such period of time after termination of contract during which
21 action against the municipality might ensue under applicable
22 laws of limitation. Certified copies of all completed contracts
23 and purchase orders shall be filed with the clerk. After the
24 appropriate period, purchase orders, contracts and attachments
25 in the clerk's possession may be destroyed by direction of the
26 director of procurement and materials management purchasing

 

 

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1 agent.
2     The provisions of this Act are not applicable to joint
3 purchases of personal property, supplies and services made by
4 governmental units in accordance with Sections 1 through 5 of
5 "An Act authorizing certain governmental units to purchase
6 personal property, supplies and services jointly," approved
7 August 15, 1961.
8 (Source: P.A. 92-195, eff. 1-1-02.)
 
9     (70 ILCS 2605/11.11)  (from Ch. 42, par. 331.11)
10     Sec. 11.11. In determining the responsibility of any
11 bidder, the director of procurement and materials management
12 purchasing agent may take into account, in addition to
13 financial responsibility, past records of transactions with
14 the bidder, experience, adequacy of equipment, ability to
15 complete performance within a specific time and other pertinent
16 factors, including but not limited to whether the equipment or
17 material is manufactured in North America.
18 (Source: P.A. 87-762.)
 
19     (70 ILCS 2605/11.12)  (from Ch. 42, par. 331.12)
20     Sec. 11.12. Any and all bids received in response to an
21 advertisement may be rejected by the director of procurement
22 and materials management purchasing agent if the bidders are
23 not deemed responsible, or the character or quality of the
24 services, supplies, materials, equipment or labor do not

 

 

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1 conform to requirements, or if the public interest may be
2 better served thereby.
3 (Source: Laws 1963, p. 2498.)
 
4     (70 ILCS 2605/11.13)  (from Ch. 42, par. 331.13)
5     Sec. 11.13. Bond, with sufficient sureties, in such amount
6 as shall be deemed adequate by the director of procurement and
7 materials management purchasing agent not only to insure
8 performance of the contract in the time and manner specified in
9 said contract but also to save, indemnify and keep harmless the
10 sanitary district against all liabilities, judgments, costs
11 and expenses which may in anywise accrue against said sanitary
12 district in consequence of the granting of the contract or
13 execution thereof shall be required for all contracts relative
14 to construction, rehabilitation or repair of any of the works
15 of the sanitary district and may be required of each bidder
16 upon all other contracts in excess of the mandatory competitive
17 bid threshold when, in the opinion of the director of
18 procurement and materials management purchasing agent, the
19 public interest will be better served thereby.
20     In accordance with the provisions of "An Act in relation to
21 bonds of contractors entering into contracts for public
22 construction", approved June 20, 1931, as amended, all
23 contracts for construction work, to which the sanitary district
24 is a party, shall require that the contractor furnish bond
25 guaranteeing payment for materials and labor utilized in the

 

 

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1 contract.
2 (Source: P.A. 92-195, eff. 1-1-02.)
 
3     (70 ILCS 2605/11.14)  (from Ch. 42, par. 331.14)
4     Sec. 11.14. No contract to which the sanitary district is a
5 party shall be assigned by the successful bidder without the
6 written consent of the director of procurement and materials
7 management purchasing agent. In no event shall a contract or
8 any part thereof be assigned to a bidder who has been declared
9 not to be a responsible bidder in the consideration of bids
10 submitted upon the particular contract.
11 (Source: Laws 1963, p. 2498.)
 
12     (70 ILCS 2605/11.16)  (from Ch. 42, par. 331.16)
13     Sec. 11.16. The executive director general superintendent,
14 with the advice and consent of the board of trustees, shall
15 appoint the director of procurement and materials management
16 purchasing agent. Any person appointed as the director of
17 procurement and materials management purchasing agent must
18 have served at least 5 years in a responsible executive
19 capacity requiring knowledge and experience in large scale
20 purchasing activities.
21     In making the appointment, the president shall appoint an
22 advisory committee consisting of 5 persons, one of whom shall
23 be the executive director general superintendent, which
24 advisory board shall submit not fewer than 3 names to the

 

 

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1 general superintendent for the appointment. The executive
2 director general superintendent shall make the appointment
3 from nominees submitted by the Advisory Committee after giving
4 due consideration to each nominee's executive experience and
5 his ability to properly and effectively discharge the duties of
6 the director of procurement and materials management
7 purchasing agent.
8     The director of procurement and materials management
9 purchasing agent may be removed for cause by the executive
10 director general superintendent. He is entitled to a public
11 hearing before the executive director general superintendent
12 prior to such anticipated removal. The director of procurement
13 and materials management purchasing agent is entitled to
14 counsel of his own choice. The executive director general
15 superintendent shall notify the board of trustees of the date,
16 time, place and nature of each hearing and he shall invite the
17 board to appear at each hearing.
18 (Source: Laws 1967, p. 623.)
 
19     (70 ILCS 2605/11.17)  (from Ch. 42, par. 331.17)
20     Sec. 11.17. Powers of director of procurement and materials
21 management purchasing agent. The director of procurement and
22 materials management purchasing agent shall: (a) adopt,
23 promulgate and from time to time revise rules and regulations
24 for the proper conduct of his office; (b) constitute the agent
25 of the sanitary district in contracting for labor, materials,

 

 

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1 services, or work, the purchase, lease or sale of personal
2 property, materials, equipment or supplies in conformity with
3 this Act; (c) open all sealed bids; (d) determine the lowest or
4 highest responsible bidder, as the case may be; (e) enforce
5 written specifications describing standards established
6 pursuant to this Act; (f) operate or require such physical,
7 chemical or other tests as may be necessary to insure
8 conformity to such specifications with respect to quality of
9 materials; (g) exercise or require such control as may be
10 necessary to insure conformity to contract provisions with
11 respect to quantity; (h) distribute or cause to be distributed,
12 to the various requisitioning agencies of such sanitary
13 district such supplies, materials or equipment, as may be
14 purchased by him; (i) transfer materials, supplies, and
15 equipment to or between the various requisitioning agencies and
16 to trade in, sell, donate, or dispose of any materials,
17 supplies, or equipment that may become surplus, obsolete, or
18 unusable; except that materials, supplies, and equipment may be
19 donated only to not-for-profit institutions; (j) control and
20 maintain adequate inventories and inventory records of all
21 stocks of materials, supplies and equipment of common usage
22 contained in any central or principal storeroom, stockyard or
23 warehouse of the sanitary district; (k) assume such related
24 activities as may be assigned to him from time to time by the
25 board of trustees; and (m) submit to the board of trustees an
26 annual report describing the activities of his office. The

 

 

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1 report shall be placed upon the official records of the
2 sanitary district or given comparable public distribution.
3 (Source: P.A. 90-780, eff. 8-14-98.)
 
4     (70 ILCS 2605/11.18)  (from Ch. 42, par. 331.18)
5     Sec. 11.18. The board of trustees is expressly authorized
6 to establish a revolving fund to enable the director of
7 procurement and materials management purchasing agent to
8 purchase items of common usage in advance of immediate need.
9 The revolving fund shall be reimbursed from appropriations of
10 the using agencies. No officer or employee of a sanitary
11 district organized pursuant to this Act shall be financially
12 interested, directly or indirectly, in any bid, purchase order,
13 lease or contract to which such sanitary district is a party.
14 For purposes of this Section an officer or employee of the
15 sanitary district is deemed to have a direct financial interest
16 in a bid, purchase order, lease or contract with the district,
17 if the officer or employee is employed by the district and is
18 simultaneously employed by a person or corporation that is a
19 party to any bid, purchase order, lease or contract with the
20 sanitary district.
21     Any officer or employee convicted of a violation of this
22 section shall forfeit his office or employment and in addition
23 shall be guilty of a Class 4 felony.
24 (Source: P.A. 77-2408.)
 

 

 

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1     (70 ILCS 2605/11.20)  (from Ch. 42, par. 331.20)
2     Sec. 11.20. There shall be a board of standardization,
3 composed of the director of procurement and materials
4 management purchasing agent of the sanitary district who shall
5 be chairman, and 4 other members who shall be appointed by the
6 president of the board of trustees of the sanitary district.
7 The members shall be responsible heads of a major office or
8 department of the sanitary district and shall receive no
9 compensation for their services on the board. The board shall
10 meet at least once each 3 calendar months upon notification by
11 the chairman at least 5 days in advance of the date announced
12 for such meeting. Official action of the board shall require
13 the vote of a majority of all members of the board. The
14 chairman shall cause to be prepared a report describing the
15 proceedings of each meeting. The report shall be transmitted to
16 each member and shall be made available to the president and
17 board of trustees of such sanitary district within 5 days
18 subsequent to the date of the meeting and all such reports
19 shall be open to public inspection, excluding Sundays and legal
20 holidays.
21     The board of standardization shall: (a) classify the
22 requirements of the sanitary district, including the
23 departments, offices and other boards thereof, with respect to
24 supplies, materials and equipment; (b) adopt as standards, the
25 smallest numbers of the various qualities, sizes and varieties
26 of such supplies, materials and equipment as may be consistent

 

 

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1 with the efficient operation of the sanitary district; and (c)
2 prepare, adopt, promulgate, and from time to time revise,
3 written specifications describing such standards.
4     Specifications describing in detail the physical, chemical
5 and other characteristics of supplies, material or equipment to
6 be acquired by purchase order or contract shall be prepared by
7 the board of standardization. However, all specifications
8 pertaining to the construction, alteration, rehabilitation or
9 repair of any real property of such sanitary district shall be
10 prepared by the engineering agency engaged in the design of
11 such construction, alteration, rehabilitation or repair, prior
12 to approval by the director of procurement and materials
13 management purchasing agent. The specification shall form a
14 part of the purchase order or contract, and the performance of
15 all such contracts shall be supervised by the engineering
16 agency designated in the contracts.
17     In the preparation or revision of standard specifications
18 the board of standardization shall solicit the advice,
19 assistance and cooperation of the several requisitioning
20 agencies and shall be empowered to consult such public or
21 non-public laboratory or technical services as may be deemed
22 expedient. After adoption, each standard specification shall,
23 until rescinded, apply alike in terms and effect to every
24 purchase order or contract for the purchase of any commodity,
25 material, supply or equipment. The specifications shall be made
26 available to the public upon request.

 

 

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1 (Source: P.A. 87-1125.)
 
2     (70 ILCS 2605/11.23)  (from Ch. 42, par. 331.23)
3     Sec. 11.23. The comptroller of the sanitary district shall
4 conduct audits of all expenditures incident to all purchase
5 orders and contracts awarded by the director of procurement and
6 materials management purchasing agent. The comptroller shall
7 report the results of such audits to the president and board of
8 trustees.
9 (Source: Laws 1963, p. 2498.)
 
10     (70 ILCS 2605/11.24)  (from Ch. 42, par. 331.24)
11     Sec. 11.24. (a) A person or business entity shall be
12 disqualified from doing business with The Metropolitan
13 Sanitary District of Greater Chicago for a period of 5 years
14 from the date of conviction or entry of a plea or admission of
15 guilt, if that person or business entity:
16     1. has been convicted of an act of bribery or attempting to
17 bribe an officer or employee of the federal government or of a
18 unit of any state or local government or school district in
19 that officer's or employee's official capacity; or
20     2. has been convicted of an act of bid-rigging or
21 attempting to rig bids as defined in the Federal Sherman
22 Anti-Trust Act and Clayton Act; or
23     3. has been convicted of bid-rigging or attempting to rig
24 bids under the laws of the State of Illinois or any other

 

 

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1 state; or
2     4. has been convicted of an act of price-fixing or
3 attempting to fix prices as defined by the Federal Sherman
4 Anti-Trust Act and Clayton Act; or
5     5. has been convicted of price-fixing or attempting to fix
6 prices under the laws of the State of Illinois or any other
7 state; or
8     6. has been convicted of defrauding or attempting to
9 defraud the Federal government or a unit of any state or local
10 government or school district; or
11     7. has made an admission of guilt of such conduct as set
12 forth in subsections 1 through 6 above, which admission is a
13 matter of record, whether or not such person or business entity
14 was subject to prosecution for the offense or offenses admitted
15 to; or
16     8. has entered a plea of nolo contendere to charges of
17 bribery, price-fixing, bid-rigging, or fraud as set forth in
18 subsections 1 through 6 above.
19     (b) "Business entity" as used in this section means a
20 corporation, partnership, trust, association, unincorporated
21 business or individually owned business.
22     (c) A business entity shall be disqualified if the
23 following persons are convicted of, have made an admission of
24 guilt, or enter a plea of nolo contendere to a disqualifying
25 act described in paragraph (a), subsections 1 through 6,
26 regardless of whether or not the disqualifying act was

 

 

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1 committed on behalf or for the benefit of such business entity:
2     (1) a person owning or controlling, directly or indirectly,
3 20% or more of its outstanding shares; or
4     (2) a member of its board of directors; or
5     (3) an agent, officer or employee of such business entity.
6     (d) Disqualification Procedure. After bids are received,
7 whether in response to a solicitation for bids or public
8 advertising for bids, if it shall come to the attention of the
9 director of procurement and materials management purchasing
10 agent that a bidder has been convicted, made an admission of
11 guilt, a plea of nolo contendere, or otherwise falls within one
12 or more of the categories set forth in paragraphs (a), (b) or
13 (c) of this Section, the director of procurement and materials
14 management purchasing agent shall notify the bidder by
15 certified mail, return receipt requested, that such bidder is
16 disqualified from doing business with the Sanitary District.
17 The notice shall specify the reasons for disqualification.
18     (e) Review Board. A review board consisting of 3
19 individuals shall be appointed by the Executive Director
20 General Superintendent of the Sanitary District. The board
21 shall select a chairman from its own members. A majority of the
22 members shall constitute a quorum and all matters coming before
23 the board shall be determined by a majority. All members of the
24 review board shall serve without compensation, but shall be
25 reimbursed actual expenses.
26     (f) Review. The director of procurement and materials

 

 

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1 management's purchasing agent's determination of
2 disqualification shall be final as of the date of the notice of
3 disqualification unless, within 10 calendar days thereafter,
4 the disqualified bidder files with the director of procurement
5 and materials management purchasing agent a notice of appeal.
6 The notice of appeal shall specify the exceptions to the
7 director of procurement and materials management's purchasing
8 agent's determination and shall include a request for a
9 hearing, if one is desired. Upon receipt of the notice of
10 appeal, the director of procurement and materials management
11 purchasing agent shall provide a copy to each member of the
12 review board. If the notice does not contain a request for a
13 hearing, the director of procurement and materials management
14 purchasing agent may request one within 5 days after receipt of
15 the notice of appeal. If a hearing is not requested, the review
16 board may, but need not, hold a hearing.
17     If a hearing is not requested, the review board, unless it
18 decides to hold a hearing, shall review the notice of
19 disqualification, the notice of appeal and any other supporting
20 documents which may be filed by either party. Within 15 days
21 after the notice of appeal is filed, the review board shall
22 either affirm or reverse the director of procurement and
23 materials management's purchasing agent's determination of
24 disqualification and shall transmit a copy to each party by
25 certified mail, return receipt requested.
26     If there is a hearing, the hearing shall commence within 15

 

 

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1 days after the filing of the notice of appeal. A notice of
2 hearing shall be transmitted to the director of procurement and
3 materials management purchasing agent and the disqualified
4 bidder not later than 12 calendar days prior to the hearing
5 date, by certified mail, return receipt requested.
6     Evidence shall be limited to the factual issues involved.
7 Either party may present evidence and persons with relevant
8 information may testify, under oath, before a certified
9 reporter. Strict rules of evidence shall not apply to the
10 proceedings, but the review board shall strive to elicit the
11 facts fully and in credible form. The disqualified bidder may
12 be represented by an attorney.
13     Within 10 calendar days after the conclusion of the
14 hearing, the review board shall make a finding as to whether or
15 not the reasons given in the director of procurement and
16 materials management's purchasing agent's notice of
17 disqualification apply to the bidder, and an appropriate order
18 shall be entered. A copy of the order shall be transmitted to
19 the director of procurement and materials management
20 purchasing agent and the bidder by certified mail, return
21 receipt requested.
22     (g) All final decisions of the review board shall be
23 subject to review under the Administrative Review Law.
24     (h) Notwithstanding any other provision of this section to
25 the contrary, the Sanitary District may do business with any
26 person or business entity when it is determined by the director

 

 

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1 of procurement and materials management purchasing agent to be
2 in the best interest of the Sanitary District, such as, but not
3 limited to contracts for materials or services economically
4 procurable only from a single source.
5 (Source: P.A. 83-1539.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     70 ILCS 2605/4 from Ch. 42, par. 323
4     70 ILCS 2605/4b from Ch. 42, par. 323b
5     70 ILCS 2605/4.2a from Ch. 42, par. 323.2a
6     70 ILCS 2605/4.7 from Ch. 42, par. 323.7
7     70 ILCS 2605/4.11 from Ch. 42, par. 323.11
8     70 ILCS 2605/4.13 from Ch. 42, par. 323.13
9     70 ILCS 2605/4.32 from Ch. 42, par. 323.32
10     70 ILCS 2605/4.38 from Ch. 42, par. 323.38
11     70 ILCS 2605/5.4 from Ch. 42, par. 324n
12     70 ILCS 2605/5.5 from Ch. 42, par. 324o
13     70 ILCS 2605/5.7 from Ch. 42, par. 324q
14     70 ILCS 2605/7a from Ch. 42, par. 326a
15     70 ILCS 2605/7aa from Ch. 42, par. 326aa
16     70 ILCS 2605/7f from Ch. 42, par. 326f
17     70 ILCS 2605/8 from Ch. 42, par. 327
18     70 ILCS 2605/8c from Ch. 42, par. 327c
19     70 ILCS 2605/8d
20     70 ILCS 2605/11.5 from Ch. 42, par. 331.5
21     70 ILCS 2605/11.6 from Ch. 42, par. 331.6
22     70 ILCS 2605/11.7 from Ch. 42, par. 331.7
23     70 ILCS 2605/11.8 from Ch. 42, par. 331.8
24     70 ILCS 2605/11.9 from Ch. 42, par. 331.9
25     70 ILCS 2605/11.10 from Ch. 42, par. 331.10

 

 

HB5187 - 84 - LRB095 16256 HLH 42275 b

1     70 ILCS 2605/11.11 from Ch. 42, par. 331.11
2     70 ILCS 2605/11.12 from Ch. 42, par. 331.12
3     70 ILCS 2605/11.13 from Ch. 42, par. 331.13
4     70 ILCS 2605/11.14 from Ch. 42, par. 331.14
5     70 ILCS 2605/11.16 from Ch. 42, par. 331.16
6     70 ILCS 2605/11.17 from Ch. 42, par. 331.17
7     70 ILCS 2605/11.18 from Ch. 42, par. 331.18
8     70 ILCS 2605/11.20 from Ch. 42, par. 331.20
9     70 ILCS 2605/11.23 from Ch. 42, par. 331.23
10     70 ILCS 2605/11.24 from Ch. 42, par. 331.24