Illinois General Assembly - Full Text of SB1954
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Full Text of SB1954  98th General Assembly

SB1954enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB1954 EnrolledLRB098 10296 OMW 40481 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The North Shore Sanitary District Act is amended
5by changing Sections 3, 4, 7, 7.1, 9, 11, and 20 as follows:
 
6    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
7    Sec. 3. Election of trustees; terms. The corporate
8authority of the North Shore Sanitary District shall consist of
95 trustees.
10    Within 20 days after the adoption of the Act, as provided
11in Section 1, the county governing body shall proceed to divide
12the sanitary district into 5 wards for the purpose of electing
13trustees. One trustee shall be elected for each ward on the
14date of the next regular county election. In each sanitary
15district organized pursuant to the provisions of this Act prior
16to the effective date of this amendatory Act of 1975, one
17trustee shall be elected for each ward on the date of the
18regular county election in the year 1976. However, the
19population in no one ward shall be less than 1/6 of the
20population of the whole district and the territory in each of
21the wards shall be composed of contiguous territory in as
22compact form as practicable. A portion of each ward shall abut
23the west shore of Lake Michigan and the boundaries of the

 

 

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1respective wards shall coincide with precinct boundaries and
2the boundaries of existing municipalities as nearly as
3practicable. In the year 1981, and every 10 years thereafter,
4the sanitary district board of trustees shall reapportion the
5district, so that the respective wards shall conform as nearly
6as practicable with the above requirements as to population,
7shape and territory.
8    All trustees elected from 1994 through 2011 shall assume
9office on the first Monday in December following the general
10election. All trustees elected in 2012 or thereafter shall
11assume office on the second Wednesday in December following the
12general election.
13    In the year 1982, and every 10 years thereafter, following
14each decennial Federal census, all 5 trustees shall be elected.
15Immediately following each decennial redistricting, the
16sanitary district board of trustees shall be randomly divided
17divide the wards into 2 groups, one of which shall consist of 3
18wards and the other shall consist of 2 wards. A random process
19shall again be used to determine which trustees Trustees from
20one group shall serve terms of 4 years, 4 years and 2 years;
21and which trustees from the other group shall serve terms of 2
22years, 4 years and 4 years.
23    Each of the trustees, upon entering the duties of their
24respective offices, shall execute a bond with security, in the
25amount and form to be approved by the corporate authorities,
26payable to the district, in the penal sum of not less than

 

 

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1$250,000.00, $10,000.00, as directed by resolution or
2ordinance, conditioned upon the faithful performance of the
3duties of the office. Each bond shall be filed with and
4preserved by the board secretary.
5    When a vacancy exists in the office of trustees of any
6sanitary district organized under the provisions of this Act,
7the vacancy shall be filled by appointment by the president of
8the sanitary district board of trustees, with the advice and
9consent of the sanitary district board of trustees, until the
10next regular election at which trustees of the sanitary
11district are elected, and shall be made a matter of record in
12the office of the county clerk in the county in which the
13district is located.
14    A majority of the board of trustees shall constitute a
15quorum, but a smaller number may adjourn from day to day. No
16trustee or employee of the district shall be directly or
17indirectly interested in any contract, work or business of the
18district, or the sale of any article, the expense, price or
19consideration of which is paid by the district; nor in the
20purchase of any real estate or other property belonging to the
21district, or which shall be sold for taxes or assessments, or
22by virtue of legal process at the suit of the district. The
23trustees have the power to provide and adopt a corporate seal
24for the district.
25(Source: P.A. 97-500, eff. 8-23-11.)
 

 

 

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1    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
2    Sec. 4. Board of trustees; powers; compensation. The
3trustees shall constitute a board of trustees for the district.
4The board of trustees is the corporate authority of the
5district, and shall exercise all the powers and manage and
6control all the affairs and property of the district. The board
7shall elect a president and vice-president from among their own
8number. In case of the death, resignation, absence from the
9state, or other disability of the president, the powers, duties
10and emoluments of the office of the president shall devolve
11upon the vice-president, until the disability is removed or
12until a successor to the president is appointed and chosen in
13the manner provided in this Act. The board may select a
14secretary, treasurer, executive director, chief engineer,
15superintendent and attorney, and may provide by ordinance for
16the employment of such clerks and other employees as the board
17may deem necessary for the municipality. The board may appoint
18such other officers and hire such employees to manage and
19control the operations of the district as it deems necessary;
20provided, however, that the board shall not employ an
21individual as a wastewater operator whose Certificate of
22Technical Competency is suspended or revoked under rules
23adopted by the Pollution Control Board under item (4) of
24subsection (a) of Section 13 of the Environmental Protection
25Act. All employees selected by the board shall hold their
26respective offices during the pleasure of the board, and give

 

 

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1such bond as may be required by the board. The board may
2prescribe the duties and fix the compensation of all the
3officers and employees of the sanitary district. However, the
4president of the board of trustees shall not receive more than
5$10,000 per year and the other members of the board shall not
6receive more than $7,000 per year. However, beginning with the
7commencement of the new term of each board member in 1993, the
8president shall not receive more than $11,000 per year and each
9other member of the board shall not receive more than $8,000
10per year. Beginning with the commencement of the first new term
11after the effective date of this amendatory Act of the 95th
12General Assembly, the president of the board shall not receive
13more than $14,000 per year, and each other member of the board
14shall not receive more than $11,000 per year. The board of
15trustees has full power to pass all necessary ordinances, rules
16and regulations for the proper management and conduct of the
17business of the board and of the corporation, and for carrying
18into effect the objects for which the sanitary district was
19formed. The ordinances may provide for a fine for each offense
20of not less than $100 or more than $1,000. Each day's
21continuance of a violation shall be a separate offense. Fines
22under this Section are recoverable by the sanitary district in
23a civil action. The sanitary district is authorized to apply to
24the circuit court for injunctive relief or mandamus when, in
25the opinion of the chief administrative officer, the relief is
26necessary to protect the sewerage system of the sanitary

 

 

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1district.
2    The board of trustees shall have the authority to change
3the name of the District, by ordinance, to the North Shore
4Water Reclamation District. If an ordinance is passed pursuant
5to this paragraph, all provisions of this Act shall apply to
6the newly renamed district.
7(Source: P.A. 95-607, eff. 9-11-07.)
 
8    (70 ILCS 2305/7)  (from Ch. 42, par. 283)
9    Sec. 7. Powers of the board of trustees. The board of
10trustees of any sanitary district organized under this Act may
11provide for the treatment disposal of the sewage thereof and
12save and preserve the water supplied to the inhabitants of such
13district from contamination. For that purpose the board may
14construct and maintain an enclosed conduit or conduits, main
15pipes, wholly or partially submerged, buried or otherwise, and
16by means of pumps or otherwise cause such sewage to flow or to
17be forced through such conduit or conduits, pipe or pipes to
18and into any ditch or canal constructed and operated by any
19other sanitary district, after having first acquired the right
20so to do. Such board may provide for the drainage of such
21district by laying out, establishing, constructing and
22maintaining one or more channels, drains, ditches and outlets
23for carrying off and disposing of the drainage (including the
24sewage) of such district, together with such adjuncts and
25additions thereto as may be necessary or proper to cause such

 

 

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1channels or outlets to accomplish the end for which they are
2designed, in a satisfactory manner, including pumps and pumping
3stations and the operation of the same. Such board shall
4provide suitable and modernly equipped sewage treatment
5disposal works or plants for the separation and treatment
6disposal of all solids and deleterious matter from the liquids,
7and shall treat and purify the residue of such sewage so that
8when it flows into any lake, it will not injuriously
9contaminate the waters thereof. The board shall adopt any
10feasible method to accomplish the object for which such
11sanitary district may be created, and may also provide means
12whereby the sanitary district may reach and procure supplies of
13water for diluting and flushing purposes. The board of trustees
14of any sanitary district formed under this Act may also enter
15into an agreement to sell, convey, or disburse treated
16wastewater to any public or private entity located within or
17outside of the boundaries of the sanitary district. Any use of
18treated wastewater by any public or private entity shall be
19subject to the orders of the Pollution Control Board. The
20agreement may not exceed 20 years.
21    Nothing set forth in this Section may be construed to
22empower, authorize or require such board of trustees to operate
23a system of water works for the purpose of furnishing or
24delivering water to any such municipality or to the inhabitants
25thereof without payment therefor at such rates as the board may
26determine. Nothing in this Act shall require a sanitary

 

 

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1district to extend service to any individual residence or other
2building within the district, and it is the intent of the
3Illinois General Assembly that any construction contemplated
4by this Section shall be restricted to construction of works
5and main or interceptor sewers, conduits, channels and similar
6facilities, but not individual service lines. Nothing in this
7Act contained authorizes the trustees to flow the sewage of
8such district into Lake Michigan. Any such plan for sewage
9disposal by any sanitary district organized hereunder is
10prohibited, unless such sewage has been treated and purified as
11provided in this Section, all laws of the Federal government
12relating to the pollution of navigable waters have been
13complied with, the approval of plans and constructions of
14outlets and connection with any of the streams or navigable
15bodies of water within or bordering upon the State has been
16obtained from the Department of Natural Resources of the State.
17The discharge of any sewage from any such district into any of
18the streams or navigable bodies of water within or bordering
19upon the State is subject to the orders of the Pollution
20Control Board. Nothing in this Act contained may be construed
21as superseding or in any manner limiting the provisions of the
22Environmental Protection Act.
23    After the construction of such sewage disposal plant, if
24the board finds that it will promote the prevention of
25pollution of waters of the State, such board of trustees may
26adopt ordinances or rules and regulations, prohibiting or

 

 

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1regulating the discharge to sewers of inadmissible wastes or
2substances toxic to biological wastewater treatment processes.
3Inadmissible wastes include those which create a fire or
4explosion hazard in the sewer or treatment works; those which
5will impair the hydraulic capacity of sewer systems; and those
6which in any quantity, create a hazard to people, sewer
7systems, treatment processes, or receiving waters. Substances
8that may be toxic to wastewater treatment processes include
9copper, chromium, lead, zinc, arsenic and nickel and any
10poisonous compounds such as cyanide or radioactive wastes which
11pass through wastewater treatment plants in hazardous
12concentrations and menace users of the receiving waters. Such
13ordinances or rules and regulations shall be effective
14throughout the sanitary district, in the incorporated areas as
15well as the unincorporated areas and all public sewers therein.
16(Source: P.A. 97-500, eff. 8-23-11.)
 
17    (70 ILCS 2305/7.1)  (from Ch. 42, par. 283.1)
18    Sec. 7.1. In providing works for the treatment disposal of
19industrial sewage, commonly called industrial wastes, whether
20the industrial sewage is disposed of in combination with
21municipal sewage or independently, the sanitary district has
22power to apportion and collect therefore, from the producer
23thereof, fair additional construction, maintenance and
24operating costs over and above those covered by normal taxes,
25and in case of dispute as to the fairness of such additional

 

 

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1construction, maintenance and operating costs, then the same
2shall be determined by an arbitration board of 3 engineers, one
3appointed by the sanitary district, one appointed by such
4producer or producers or their legal representatives, and the
5third to be appointed by the 2 engineers selected as above
6described. In the event the 2 engineers so selected fail to
7agree upon a third engineer then upon the petition of either of
8the parties the circuit judge shall appoint such third
9engineer. A decision of a majority of the arbitration board
10shall be binding on both parties and the cost of the services
11of the arbitration board shall be shared by both parties
12equally. Such decision is an administrative decision and is
13subject to judicial review as provided in the Administrative
14Review Law.
15    In providing works, including the main pipes referred to in
16Section 7, for the treatment disposal of raw sewage, in the
17manner provided in this Act, whether such sewage is treated
18disposed of in combination with municipal sewage or
19independently, the sanitary district has power to collect a
20fair and reasonable charge for connection to its system in
21addition to those charges covered by normal taxes, for the
22construction, expansion and extension of the works of the
23system, the charge to be assessed against new or additional
24users of the system and to be known as a connection charge.
25Such construction, expansion and extension of the works of the
26system shall include proposed or existing collector systems and

 

 

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1may, at the discretion of such district, include connections by
2individual properties. The charge for connection shall be
3determined by the district and may equal or exceed the actual
4cost to the district of the construction, expansion or
5extension of the works of the system required by the
6connection. The funds thus collected shall be used by the
7sanitary district for its general corporate purposes with
8primary application thereof being made by the necessary
9expansion of the works of the system to meet the requirements
10of the new users thereof.
11(Source: P.A. 85-480; 85-782.)
 
12    (70 ILCS 2305/9)  (from Ch. 42, par. 285)
13    Sec. 9. The corporation may borrow money for corporate
14purposes and may issue bonds therefor, but shall not become
15indebted, in any manner, or for any purpose, to an amount in
16the aggregate to exceed 4.50% 5.75% on the valuation of taxable
17property therein, to be ascertained by the last assessment for
18state and county taxes previous to the incurring of such
19indebtedness or, until January 1, 1983, if greater, the sum
20that is produced by multiplying the district's 1978 equalized
21assessed valuation by the debt limitation percentage in effect
22on January 1, 1979. Whenever the board of trustees of such
23district desires to issue bonds hereunder they shall certify
24the question to the proper election officials who shall submit
25the question at an election to be held in such district in

 

 

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1accordance with the general election law. In addition to the
2requirements of the general election law, the notice of
3election shall state the amount of bonds to be issued. The
4result of the election shall be entered upon the records of the
5district. If it shall appear that a majority of the voters
6voting at the election on the question shall have voted in
7favor of the issue of the bonds, the board of trustees shall
8order and direct the execution of the bonds for and on behalf
9of the district. All bonds issued hereunder shall mature in not
10exceeding 20 annual installments. The question shall be in
11substantially the following form:
12-------------------------------------------------------------
13    Proposition to issue bonds       YES
14of..... district to the       -------------------------------
15amount of..... dollars.             NO
16-------------------------------------------------------------
17    Provided that the corporation may borrow money for
18corporate purposes, and may issue bonds therefor, without
19holding an election or referendum upon the question, if the
20corporation or the board of trustees thereof has been directed
21by an order issued by the circuit court or by an administrative
22agency of the State of Illinois having jurisdiction to issue
23such order, to abate its discharge of untreated or inadequately
24treated sewage, and such borrowing is deemed necessary by the
25board of trustees of the Sanitary District to make possible
26compliance with such order. The amount of money that the

 

 

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1corporation may borrow to abate such sewage discharge shall be
2limited to that required for that purpose plus such reasonable
3future expansion as shall be approved by the court or an
4administrative agency of the State of Illinois having
5jurisdiction. The ordinance providing for such bonds shall set
6out the fact that such bonds are deemed necessary to make
7possible compliance with the order, and shall be published or
8posted in the manner provided in this Act for publication or
9posting of ordinances making appropriations. The ordinance
10shall be in full force and effect after its adoption and
11publication or posting, as herein provided, notwithstanding
12any provision in this Act or any other law to the contrary.
13(Source: P.A. 81-1489.)
 
14    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
15    Sec. 11. Except as otherwise provided in this Section, all
16contracts for purchases or sales by the municipality, the
17expense of which will exceed the mandatory competitive bid
18threshold, shall be let to the lowest responsible bidder
19therefor upon not less than 14 days' public notice of the terms
20and conditions upon which the contract is to be let, having
21been given by publication in a newspaper of general circulation
22published in the district, and the board may reject any and all
23bids and readvertise. In determining the lowest responsible
24bidder, the board shall take into consideration the qualities
25and serviceability of the articles supplied, their conformity

 

 

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

 

 

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1    Contracts which by their nature are not adapted to award by
2competitive bidding, including, without limitation, contracts
3for the services of individuals, groups or firms possessing a
4high degree of professional skill where the ability or fitness
5of the individual or organization plays an important part,
6contracts for financial management services undertaken
7pursuant to "An Act relating to certain investments of public
8funds by public agencies", approved July 23, 1943, as now or
9hereafter amended, contracts for the purchase or sale of
10utilities, contracts for commodities including supply
11contracts for natural gas and electricity, contracts for
12materials economically procurable only from a single source of
13supply, contracts for services, supplies, materials, parts, or
14equipment which are available only from a single source or
15contracts for maintenance, repairs, OEM supplies, or OEM parts
16from the manufacturer or from a source authorized by the
17manufacturer, contracts for the use, purchase, delivery,
18movement, or installation of data processing equipment,
19software, or services and telecommunications and interconnect
20equipment, software, or services, contracts for duplicating
21machines and supplies, contracts for goods or services procured
22from another governmental agency, purchases of equipment
23previously owned by an entity other than the district itself,
24purchases of used equipment, purchases at auction or similar
25transactions which by their very nature are not suitable to
26competitive bids, and leases of real property where the

 

 

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1sanitary district is the lessee shall not be subject to the
2competitive bidding requirements of this Section.
3    The District may use a design-build procurement method for
4any public project which shall not be subject to the
5competitive bidding requirements of this Section provided the
6Board of Trustees approves the contract for the public project
7by a vote of 4 of the 5 trustees. For the purposes of this
8Section, "design-build" means a delivery system that provides
9responsibility within a single contract for the furnishing of
10architecture, engineering, land surveying and related services
11as required, and the labor, materials, equipment, and other
12construction services for the project.
13    In the case of an emergency affecting the public health or
14safety so declared by the Board of Trustees of the municipality
15at a meeting thereof duly convened, which declaration shall
16require the affirmative vote of four of the five Trustees
17elected, and shall set forth the nature of the danger to the
18public health or safety, contracts totaling not more than the
19emergency contract cap may be let to the extent necessary to
20resolve such emergency without public advertisement or
21competitive bidding. For purposes of this Section, the dollar
22amount of an emergency contract shall not "emergency contract
23cap" is a dollar amount equal to 0.4% of the total general
24fixed assets of the district as reported in the most recent
25required audit report. In no event, however, shall the
26emergency contract cap dollar amount be less than $40,000, nor

 

 

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1more than $350,000 $250,000. The Resolution or Ordinance in
2which such declaration is embodied shall fix the date upon
3which such emergency shall terminate which date may be extended
4or abridged by the Board of Trustees as in their judgment the
5circumstances require. A full written account of any such
6emergency, together with a requisition for the materials,
7supplies, labor or equipment required therefor shall be
8submitted immediately upon completion and shall be open to
9public inspection for a period of at least one year subsequent
10to the date of such emergency purchase. Within 30 days after
11the passage of the resolution or ordinance declaring an
12emergency affecting the public health or safety, the
13municipality shall submit to the Illinois Environmental
14Protection Agency the full written account of any such
15emergency along with a copy of the resolution or ordinance
16declaring the emergency, in accordance with requirements as may
17be provided by rule.
18    To address operating emergencies not affecting the public
19health or safety, the Board of Trustees shall authorize, in
20writing, officials or employees of the sanitary district to
21purchase in the open market and without advertisement any
22supplies, materials, equipment, or services for immediate
23delivery to meet the bona fide operating emergency, without
24filing a requisition or estimate therefor, in an amount not in
25excess of $100,000; provided that the Board of Trustees must be
26notified of the operating emergency. A full, written account of

 

 

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

 

 

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1without competitive bidding pursuant to this paragraph expires
26 months after the date of the writing determining that the
3awarding of contracts without competitive bidding is
4reasonably necessary.
5    No Trustee shall be interested, directly or indirectly, in
6any contract, work or business of the municipality, or in the
7sale of any article, whenever the expense, price or
8consideration of the contract work, business or sale is paid
9either from the treasury or by any assessment levied by any
10Statute or Ordinance. No Trustee shall be interested, directly
11or indirectly, in the purchase of any property which (1)
12belongs to the municipality, or (2) is sold for taxes or
13assessments of the municipality, or (3) is sold by virtue of
14legal process in the suit of the municipality.
15    A contract for any work or other public improvement, to be
16paid for in whole or in part by special assessment or special
17taxation, shall be entered into and the performance thereof
18controlled by the provisions of Division 2 of Article 9 of the
19"Illinois Municipal Code", approved May 29, 1961, as heretofore
20or hereafter amended, as near as may be. However, contracts may
21be let for making proper and suitable connections between the
22mains and outlets of the respective sanitary sewers in the
23district with any conduit, conduits, main pipe or pipes that
24may be constructed by such sanitary district.
25(Source: P.A. 95-607, eff. 9-11-07; 96-49, eff. 1-1-10.)
 

 

 

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1    (70 ILCS 2305/20)  (from Ch. 42, par. 296)
2    Sec. 20. (a) The board of trustees of any such sanitary
3district shall have power and authority to prevent the
4pollution of any waters from which a water supply may be
5obtained by any city, town or village within said district, and
6shall have the right and power to appoint and support a
7sufficient police force, the members of which may have and
8exercise police powers over the territory within such drainage
9district, and over the waters from which said water supply may
10be obtained, for a distance of three miles from the shore
11thereof, for the purpose of preventing the pollution of said
12waters, and any interference with any of the property of such
13drainage district; but such police officers when acting within
14the limits of any such city, town or village, shall act in aid
15of the regular police force thereof, and shall then be subject
16to the direction of its chief of police, city or village
17marshals or other head thereof: Provided, that in so doing they
18shall not be prevented or hindered from executing the orders
19and authority of said board of trustees of such drainage
20district: Provided, further, that before compelling a change in
21any method of disposal of sewage so as to prevent the said
22pollution of any water, the board of trustees of such district
23shall first provide some other method of sewage treatment
24disposal.
25    (b) The board of trustees of any sanitary district
26organized under this Act is authorized to apply to the circuit

 

 

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1court for injunctive relief or mandamus when, in the opinion of
2the board of trustees, such relief is necessary to prevent the
3pollution of any waters from which a water supply may be
4obtained by any municipality within the district.
5    (c) The sanitary district shall have the power and
6authority to prevent the pollution of any waters from which a
7water supply may be obtained by any city, town or village. The
8sanitary district, acting through the chief administrative
9officer of such sanitary district, shall have the power to
10commence an action or proceeding in the circuit court in and
11for the county in which the district is located for the purpose
12of having the pollution stopped and prevented either by
13mandamus or injunction. The court shall specify a time, not
14exceeding 20 days after the service of the copy of the
15petition, in which the party complained of must answer the
16petition, and in the meantime, the party be restrained. In case
17of default in answer or after answer, the court shall
18immediately inquire into the facts and circumstances of the
19case and enter an appropriate order in respect to the matters
20complained of. An appeal may be taken in the same manner and
21with the same effect as appeals are taken in other actions for
22mandamus or injunction.
23(Source: P.A. 85-1136.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.