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90_HB2716ham001
LRB9009379PTbdam
1 AMENDMENT TO HOUSE BILL 2716
2 AMENDMENT NO. . Amend House Bill 2716 by replacing
3 the title with the following:
4 "AN ACT concerning sanitation."; and
5 by inserting immediately below Section 5 the following:
6 "Section 10. The Sanitary District Revenue Bond Act is
7 amended by changing Sections 1 and 7 as follows:
8 (70 ILCS 3010/1) (from Ch. 42, par. 319.1)
9 Sec. 1. When used in this Act:
10 "Sewerage system" means and includes any or all of the
11 following: a sewage treatment plant or plants, collecting,
12 intercepting and outlet sewers, force mains, conduits,
13 lateral sewers and extensions, pumping stations, ejector
14 stations, and all other appurtenances, extensions, or
15 improvements necessary or useful and convenient for the
16 collection, treatment, and disposal, in a sanitary manner, of
17 sewage and industrial wastes. The term also includes the
18 disconnection of storm water drains and constructing outlets
19 therefor, where, in any case, such work is necessary to
20 relieve existing sanitary sewers of storm water loads, in
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1 order to permit the efficient operation of such sanitary
2 sewers for collection, treatment, and disposal of sewage and
3 industrial wastes.
4 "Sanitary district" means a sanitary district organized
5 and created under any of the laws of the State of Illinois
6 having a population of less than 500,000 and also means a
7 sanitary district organized under the North Shore Sanitary
8 District Act and any drainage district which comes within the
9 terms of "An Act relating to drainage districts that collect
10 and convey sewage and other wastes through long, continued
11 and common usage of district drainage facilities", enacted by
12 the 73rd General Assembly.
13 "Board of trustees" means the board of trustees of a
14 sanitary district or the commissioners of a drainage
15 district.
16 "Municipality" means a city, village, or incorporated
17 town in the State of Illinois having a population of less
18 than 500,000.
19 "Corporate authorities" means the city council or similar
20 body of cities and the board of trustees or similar body of
21 villages or incorporated towns.
22 (Source: Laws 1963, p. 2986.)
23 (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
24 Sec. 7. The board of trustees of any sanitary district
25 that owns and operates or that may hereafter own and operate
26 a sewerage system constructed or acquired under the
27 provisions of any law of this State has the power to make,
28 enact, and enforce all needful rules and regulations in the
29 construction, acquisition, improvement, extension,
30 management, and maintenance of its sewerage system and for
31 the use thereof. The board of trustees of such a sanitary
32 district also has the power to make, enact, and enforce all
33 needful rules, regulations, and ordinances for the
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1 improvement, care, and protection of its sewerage system,
2 which may be conducive to the preservation of the public
3 health, comfort, and convenience, and to render the sewage of
4 the sanitary district harmless in so far as it is reasonably
5 possible to do so.
6 The board of trustees of such a sanitary district has the
7 power, by ordinance, to charge the inhabitants thereof for
8 the use and service of its sewerage system and to establish
9 charges or rates for that purpose. Where bonds are issued as
10 provided in sections 2 and 3 of this Act, the board of
11 trustees shall establish rates or charges as provided in this
12 section, and these charges or rates shall be sufficient at
13 all times to pay the cost of operation and maintenance, to
14 provide an adequate depreciation fund, and to pay the
15 principal of and interest upon all revenue bonds issued under
16 sections 2 and 3 hereof.
17 A depreciation fund is a fund for such replacements as
18 may be necessary from time to time for the continued
19 effective and efficient operation of the system. The
20 depreciation fund shall not be allowed to accumulate beyond a
21 reasonable amount necessary for that purpose, and shall not
22 be used for extensions to the system.
23 Charges or rates shall be established, revised, and
24 maintained by ordinance and become payable as the board of
25 trustees may determine by ordinance. Such charges or rates
26 shall be liens upon the real estate upon or for which
27 sewerage service is supplied; provided, however, such liens
28 shall not attach to such real estate until such charges or
29 rates have become delinquent as provided by the ordinance of
30 the sanitary district fixing a delinquency date. A lien is
31 created under the preceding sentence only if the sanitary
32 district sends to the owner or owners of record of the real
33 estate, as referenced by the taxpayer's identification
34 number, (i) a copy of each delinquency notice sent to the
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1 person who is delinquent in paying the charges or rates or
2 other notice sufficient to inform the owner or owners of
3 record, as referenced by the taxpayer's identification
4 number, that the charges or rates have become delinquent and
5 (ii) a notice that unpaid charges or rates may create a lien
6 on the real estate under this Section. Nothing in this
7 Section shall be construed to give the sanitary district a
8 preference over the rights of any purchaser, mortgagee,
9 judgment creditor or other lien holder arising prior to the
10 filing in the office of the recorder of the county in which
11 such real estate is located, or in the office of the
12 registrar of titles of such county if the property affected
13 is registered under the Torrens System, of notice of said
14 lien. The notice shall consist of a sworn statement setting
15 out (1) a description of the real estate sufficient for the
16 identification thereof, upon or for which the sewerage
17 service was supplied, (2) the amount or amounts of money due
18 for such sewerage service, and (3) the date or dates when
19 such amount or amounts became delinquent. The sanitary
20 district shall send a copy of the notice of the lien to the
21 owner or owners of record of the real estate, as referenced
22 by the taxpayer's identification number. The sanitary
23 district shall have the power to foreclose such lien in like
24 manner and with like effect as in the foreclosure of
25 mortgages on real estate.
26 The payment of delinquent charges for sewerage service to
27 any premises may be enforced by discontinuing either the
28 water service or the sewerage service to that premises, or
29 both. A rate or charge is delinquent if it is more than 30
30 days overdue. Any public or municipal corporation or
31 political subdivision of the State furnishing water service
32 to a premises (i) shall discontinue that service upon
33 receiving written notice from the sanitary district in which
34 the premises lies that payment of the rate or charge for
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1 sewerage service to the premises has become delinquent and
2 (ii) shall not resume water service until receiving a similar
3 notice that the delinquency has been removed. The provider of
4 sewerage service shall not request discontinuation of water
5 service before sending a notice of the delinquency to the
6 sewer user and affording the user an opportunity to be heard.
7 The sanitary district shall reimburse the public or municipal
8 corporation or political subdivision of the State for the
9 reasonable cost of the discontinuance and the resumption of
10 water service. The sanitary district may contract with any
11 privately owned public utility for the discontinuance of
12 water service to a premises with respect to which the payment
13 of a rate or charge for sewerage service has become
14 delinquent. The sanitary district shall reimburse the water
15 service provider for any lost water service revenues and the
16 costs of discontinuing water service, and shall indemnify the
17 water service provider for any judgment and related
18 attorney's fees resulting from an action based on any
19 provision of this paragraph.
20 The sanitary district also has the power, from time to
21 time, to sue the owner, occupant or user of that real estate,
22 or a person receiving any direct or indirect benefit from
23 such services, in a civil action to recover money due for
24 sewerage services, plus a reasonable attorney's fee, to be
25 fixed by the court; provided, however, that the sanitary
26 district shall give notice of its intention to bring such
27 action to the owner of record by regular mail not less than 7
28 days prior to filing such civil action.
29 Judgment in a civil action brought by the sanitary
30 district to recover or collect such charges shall not operate
31 as a release or waiver of the lien upon the real estate for
32 the amount of the judgment. Only satisfaction of the
33 judgment or the filing of a release and satisfaction of lien
34 shall release said lien. The lien for charges on account of
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1 services or benefits provided for in this Section and the
2 rights created hereunder shall be in addition to and not in
3 derogation of the lien upon real estate created by and
4 imposed for general real estate taxes.
5 (Source: P.A. 87-1197.)."