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Public Act 099-0669 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Special Assessment Supplemental Bond and | ||||
Procedures Act is amended by changing Section 10 as follows:
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(50 ILCS 460/10)
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Sec. 10. Definitions. As used in this Act,
unless the | ||||
context or usage clearly indicates otherwise:
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"Governing body" means the legislative body, council, | ||||
board,
commission, trustees, or any other body by whatever name | ||||
it is
known having charge of the corporate affairs of a | ||||
governmental
unit.
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"Governmental unit" means a county, township, | ||||
municipality,
municipal corporation, unit of local government, | ||||
or a special
district, by whatever name known, authorized by | ||||
any special
assessment law to make local improvements by | ||||
special assessment.
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"Special assessment bond" means any instrument evidencing | ||||
the
obligation to pay money authorized or issued by or on | ||||
behalf of a
governmental unit under a special assessment law or | ||||
under this
Act, being payable from assessments made under a | ||||
special
assessment law, and when applicable, as supplemented by | ||||
this Act.
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"Special assessment law" means any law of the State of | ||
Illinois
authorizing governmental units to make local | ||
improvements payable
wholly or in part by special assessment, | ||
and includes, without
limitation, Division 2 of Article 9 of | ||
the Illinois Municipal
Code, Division 5-32 of Article 5 of the | ||
Counties Code, Section 21
of the North Shore Water Reclamation | ||
Sanitary District Act, Section 19 of the
Sanitary District Act | ||
of 1917, Sections 22a.1 through 22a.55 of
the Sanitary District | ||
Act of 1917, and Section 28 of the Sanitary
District Act of | ||
1936.
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"Special assessment proceeding" means the proceeding by | ||
any
governmental unit under a special assessment law to provide | ||
for
the making of a specific local improvement by special | ||
assessment.
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"Special assessment ordinance" means an ordinance, or when
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applicable a resolution, as provided for by any special
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assessment law by which the governing body institutes, calls | ||
for,
or provides for the making of a local improvement to be | ||
paid by
the imposition of a special assessment pursuant to such | ||
special
assessment law.
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"Supplemental Act Assessment Bonds" are those special | ||
assessment
bonds issued under Section 100 of this Act.
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"Voucher" means any voucher issued under a special | ||
assessment law
for work done in connection with the making of a | ||
local
improvement.
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(Source: P.A. 90-480, eff. 8-17-97.)
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Section 10. The North Shore Sanitary District Act is | ||
amended by changing Sections 0.1, 3, 4, and 11 and by adding | ||
Sections 0.5, 7.6, 7.7, 18.5, and 31 as follows:
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(70 ILCS 2305/0.1) (from Ch. 42, par. 276.99)
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Sec. 0.1.
This Act shall be known and may be cited as the | ||
"North Shore Water Reclamation
Sanitary District Act".
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(Source: P.A. 77-699.)
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(70 ILCS 2305/0.5 new) | ||
Sec. 0.5. Sanitary district references. On and after the | ||
date the sanitary district renames itself under Section 4 of | ||
this Act, any references to "sanitary district" in this Act | ||
shall mean "water reclamation district".
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(70 ILCS 2305/3) (from Ch. 42, par. 279)
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Sec. 3. Election of trustees; terms. The corporate | ||
authority of the North Shore Water Reclamation Sanitary | ||
District
shall consist of 5 trustees.
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Within 20 days after the adoption of the Act, as provided | ||
in Section
1, the county governing body shall proceed to divide | ||
the sanitary
district into 5 wards for the purpose of electing | ||
trustees. One trustee shall
be elected for each ward on the | ||
date of the next regular county election. In
each sanitary | ||
district organized pursuant to the provisions of this Act prior
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to the effective date of this amendatory Act of 1975, one | ||
trustee shall be
elected for each ward on the date of the | ||
regular county election in the year
1976. However, the | ||
population in no one ward shall be less than 1/6 of the
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population of the whole district and the territory in each of | ||
the wards
shall be composed of contiguous territory in as | ||
compact form as
practicable. A portion of each ward shall abut | ||
the west shore of Lake
Michigan and the boundaries of the | ||
respective wards shall coincide with
precinct boundaries and | ||
the boundaries of existing municipalities as
nearly as | ||
practicable. In the year 1981, and every 10 years thereafter,
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the sanitary district board of trustees shall reapportion the | ||
district, so that
the respective wards shall conform as nearly | ||
as practicable with the above
requirements as to population, | ||
shape and territory.
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All trustees
elected from 1994 through 2011 shall assume | ||
office on the first Monday in
December following the general | ||
election. All trustees elected in 2012 or thereafter shall | ||
assume office on the second Wednesday in December following the | ||
general election.
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In the year 1982, and every 10 years thereafter, following | ||
each
decennial Federal census, all 5 trustees shall be elected. | ||
Immediately
following each decennial redistricting, the | ||
sanitary district board of
trustees shall be randomly divided | ||
into 2 groups, one of which shall consist of 3
wards and the | ||
other shall consist of 2 wards. A random process shall again be |
used to determine which trustees from one group shall
serve | ||
terms of 4 years, 4 years and 2 years; and which trustees from | ||
the other group
shall serve terms of 2 years, 4 years and 4 | ||
years.
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Each of the trustees, upon entering the duties of their | ||
respective offices, shall execute a bond with security, in the | ||
amount and form to be approved by the corporate authorities, | ||
payable to the district, in the penal sum of not less than | ||
$250,000.00, as directed by resolution or ordinance, | ||
conditioned upon the faithful performance of the duties of the | ||
office. Each bond shall be filed with and preserved by the | ||
board secretary.
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When a vacancy exists in the office of trustees of any | ||
sanitary
district organized under the provisions of this Act, | ||
the vacancy shall
be filled by appointment by the president of | ||
the sanitary district board
of trustees, with the advice and | ||
consent of the sanitary district board of
trustees, until the | ||
next regular election at which trustees of the sanitary
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district are elected, and shall be made a matter of record in | ||
the office of the
county clerk in the county in which the | ||
district is located.
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A majority of the board of trustees shall constitute a | ||
quorum, but a
smaller number may adjourn from day to day. No | ||
trustee or employee of
the district shall be directly or | ||
indirectly interested in any
contract, work or business of the | ||
district, or the sale of any article,
the expense, price or |
consideration of which is paid by the district;
nor in the | ||
purchase of any real estate or other property belonging to
the | ||
district, or which shall be sold for taxes or assessments, or | ||
by
virtue of legal process at the suit of the district. The | ||
trustees have
the power to provide and adopt a corporate seal | ||
for the district.
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(Source: P.A. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
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(70 ILCS 2305/4) (from Ch. 42, par. 280)
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Sec. 4. Board of trustees; powers; compensation. The | ||
trustees shall
constitute a board of trustees for the district.
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The board of trustees is the corporate authority of the | ||
district, and
shall exercise all the powers and manage and | ||
control all the affairs and
property of the district. The board | ||
shall elect a president and
vice-president from among their own | ||
number. In case of the death,
resignation, absence from the | ||
state, or other disability of the
president, the powers, duties | ||
and emoluments of the office of the
president shall devolve | ||
upon the vice-president, until the disability
is removed or | ||
until a successor to the president is appointed and chosen
in | ||
the manner provided in this Act. The board may select a | ||
secretary,
treasurer, executive director, and attorney, and | ||
may provide
by ordinance for the employment of other employees | ||
as
the board may deem necessary for the municipality. The board | ||
may appoint
such other officers and hire such employees to | ||
manage and control the
operations of the district as it deems |
necessary; provided, however, that the
board shall not employ | ||
an individual as a wastewater operator whose Certificate
of | ||
Technical Competency is suspended or revoked under rules | ||
adopted by the
Pollution Control Board under item (4) of | ||
subsection (a) of Section 13 of the
Environmental Protection | ||
Act. All employees
selected by the board shall hold their | ||
respective offices during the
pleasure of the board, and give | ||
such bond as may be required by the
board. The board may | ||
prescribe the duties and fix the compensation of
all the | ||
officers and employees of the sanitary district. However, the
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president of the board of trustees shall not receive more than | ||
$10,000 per
year and the other members of the board shall not | ||
receive more than $7,000
per year. However, beginning with the | ||
commencement of the new term of each
board member in 1993, the | ||
president shall not receive more than $11,000 per
year and each | ||
other member of the board shall not receive more than $8,000
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per year. Beginning with the commencement of the first new term | ||
after the effective date of this amendatory Act of the 95th | ||
General Assembly, the president of the board shall not receive | ||
more than $14,000 per year, and each other member of the board | ||
shall not receive more than $11,000 per year. The board of | ||
trustees has full power to pass all necessary
ordinances, rules | ||
and regulations for the proper management and conduct of
the | ||
business of the board and of the corporation, and for carrying | ||
into
effect the objects for which the sanitary district was | ||
formed. The
ordinances may provide for a fine for each offense |
of not less than $100 or
more than $1,000. Each day's | ||
continuance of a violation shall be a
separate offense. Fines | ||
under this Section are recoverable by the sanitary
district in | ||
a civil action. The sanitary district is authorized to apply
to | ||
the circuit court for injunctive relief or mandamus when, in | ||
the opinion
of the chief administrative officer, the relief is | ||
necessary
to protect the sewerage system of the sanitary | ||
district.
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The board of trustees shall have the authority to change | ||
the name of the District, by ordinance, to the North Shore | ||
Water Reclamation District. Any such name change shall not | ||
impair the legal status of any act by the sanitary district. If | ||
an ordinance is passed pursuant to this paragraph, all | ||
provisions of this Act shall apply to the newly renamed | ||
district . No rights, duties, or privilege of such sanitary | ||
district or of any person existing before the change of name | ||
shall be affected by the change in the name of the sanitary | ||
district. All proceedings pending in any court relating to such | ||
sanitary district may continue to final consummation under the | ||
name in which they were commenced .
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(Source: P.A. 98-162, eff. 8-2-13.)
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(70 ILCS 2305/7.6 new) | ||
Sec. 7.6. Rates for treatment and disposal of sewage and | ||
surface or ground water. The board of trustees shall have the | ||
authority by ordinance to establish, revise, and maintain rates |
or charges for the treatment and disposal of sewage and surface | ||
or ground water. Any user charge, industrial waste surcharge, | ||
or industrial cost recovery charge imposed by the sanitary | ||
district, together with all penalties, interest, and costs | ||
imposed in connection therewith, shall be liens against the | ||
real estate which receives the service or benefit for which the | ||
charges are being imposed; provided, however, such liens shall | ||
not attach to such real estate until such charges or rates have | ||
become delinquent as provided by the ordinance of the sanitary | ||
district and provided further, that nothing in this Section | ||
shall be construed to give the sanitary district a preference | ||
over the rights of any purchaser, mortgagee, judgment creditor, | ||
or other lien holder arising prior to the filing in the office | ||
of the recorder of the county in which real estate is located | ||
of notice of the lien, which notice shall consist of a sworn | ||
statement setting out (1) a description of the real estate for | ||
which the service or the benefit was rendered sufficient to | ||
identify the real estate, (2) the amount or amounts of money | ||
due for such service or benefit, and (3) the date or dates when | ||
such amount or amounts became delinquent. The sanitary district | ||
shall have the power to foreclose such lien in the same manner | ||
and with the same effect as in the foreclosure of mortgages on | ||
real estate. | ||
The assertion of liens against real estate by the sanitary | ||
district to secure payment of user charges, industrial waste | ||
surcharges, or industrial cost recovery charges imposed by the |
sanitary district as indicated in the previous paragraph shall | ||
be in addition to any other remedy or right of recovery which | ||
the sanitary district may have with respect to the collection | ||
or recovery of such charges imposed by the sanitary district. | ||
Judgment in a civil action brought by the sanitary district to | ||
recover or collect such charges shall not operate as a release | ||
and waiver of the lien upon the real estate for the amount of | ||
the judgment. Only satisfaction of the judgment or the filing | ||
of a release or satisfaction of lien shall release said lien. | ||
The lien for charges on account of services or benefits | ||
provided for in this Section and the rights created hereunder | ||
shall be in addition to the lien upon real estate created by | ||
and imposed for general real estate taxes. | ||
(70 ILCS 2305/7.7 new) | ||
Sec. 7.7. Discharge into sewers of the sanitary district. | ||
(a) As used in this Section: | ||
"Executive director" means the executive director of the | ||
sanitary district. | ||
"Industrial wastes" means all solids, liquids, or gaseous | ||
wastes resulting from any commercial, industrial, | ||
manufacturing, agricultural, trade, or business operation or | ||
process, or from the development, recovery, or processing of | ||
natural resources. | ||
"Other wastes" means decayed wood, sawdust, shavings, | ||
bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, |
and all other substances except sewage and industrial wastes. | ||
"Person" means any individual, firm, association, joint | ||
venture, sole proprietorship, company, partnership, estate | ||
copartnership, corporation, joint stock company, trust, school | ||
district, unit of local government, or private corporation | ||
organized or existing under the laws of this or any other state | ||
or country. | ||
"Sewage" means water-carried human wastes or a combination | ||
of water-carried wastes from residences, buildings, | ||
businesses, industrial establishments, institutions, or other | ||
places together with any ground, surface, storm, or other water | ||
that may be present. | ||
(b) It shall be unlawful for any person to discharge | ||
sewage, industrial waste, or other wastes into the sewerage | ||
system of the sanitary district or into any sewer tributary | ||
therewith, except upon the terms and conditions that the | ||
sanitary district might reasonably impose by way of ordinance, | ||
permit, rule, or regulation. | ||
The sanitary district, in addition to all other powers | ||
vested in it and in the interest of public health and safety, | ||
or as authorized by subsections (b) and (c) of Section 46 of | ||
the Environmental Protection Act, is hereby empowered to pass | ||
all ordinances, rules, or regulations necessary to implement | ||
this Section, including, but not limited to, the imposition of | ||
charges based on factors that influence the cost of treatment, | ||
including strength and volume, and including the right of |
access during reasonable hours to the premises of a person for | ||
enforcement of adopted ordinances, rules, or regulations. | ||
(c) Whenever the sanitary district, acting through the | ||
executive director, determines that sewage, industrial wastes, | ||
or other wastes are being discharged into the sewerage system | ||
and when, in the opinion of the executive director, the | ||
discharge is in violation of an ordinance, rules, or | ||
regulations adopted by the board of trustees under this Section | ||
governing industrial wastes or other wastes, the executive | ||
director shall order the offending party to cease and desist. | ||
The order shall be served by certified mail or personally on | ||
the owner, officer, registered agent, or individual designated | ||
by permit. | ||
In the event the offending party fails or refuses to | ||
discontinue the discharge within 90 days after notification of | ||
the cease and desist order, the executive director may order | ||
the offending party to show cause before the board of trustees | ||
of the sanitary district why the discharge should not be | ||
discontinued. A notice shall be served on the offending party | ||
directing him, her, or it to show cause before the board of | ||
trustees why an order should not be entered directing the | ||
discontinuance of the discharge. The notice shall specify the | ||
time and place where a hearing will be held and shall be served | ||
personally or by registered or certified mail at least 10 days | ||
before the hearing; and, in the case of a unit of local | ||
government or a corporation, the service shall be upon an |
officer or agent thereof. After reviewing the evidence, the | ||
board of trustees may issue an order to the party responsible | ||
for the discharge, directing that within a specified period of | ||
time the discharge be discontinued. The board of trustees may | ||
also order the party responsible for the discharge to pay a | ||
civil penalty in an amount specified by the board of trustees | ||
that is not less than $1,000 nor more than $2,000 per day for | ||
each day of discharge of effluent in violation of this Act as | ||
provided in subsection (d). The board of trustees may also | ||
order the party responsible for the violation to pay court | ||
reporter costs and hearing officer fees in an amount not | ||
exceeding $3,000. | ||
(d) The board of trustees shall establish procedures for | ||
assessing civil penalties and issuing orders under subsection | ||
(c) as follows: | ||
(1) In making its orders and determinations, the board | ||
of trustees shall take into consideration all the facts and | ||
circumstances bearing on the activities involved and the | ||
assessment of civil penalties as shown by the record | ||
produced at the hearing. | ||
(2) The board of trustees shall establish a panel of | ||
one or more independent hearing officers to conduct all | ||
hearings on the assessment of civil penalties and issuance | ||
of orders under subsection (c). All hearing officers shall | ||
be attorneys licensed to practice law in this State. | ||
(3) The board of trustees shall promulgate procedural |
rules governing the proceedings, the assessment of civil | ||
penalties, and the issuance of orders. | ||
(4) All hearings shall be on the record, and testimony | ||
taken must be under oath and recorded stenographically. | ||
Transcripts so recorded must be made available to any | ||
member of the public or any party to the hearing upon | ||
payment of the usual charges for transcripts. At the | ||
hearing, the hearing officer may issue, in the name of the | ||
board of trustees, notices of hearing requesting the | ||
attendance and testimony of witnesses, the production of | ||
evidence relevant to any matter involved in the hearing, | ||
and may examine witnesses. | ||
(5) The hearing officer shall conduct a full and | ||
impartial hearing on the record, with an opportunity for | ||
the presentation of evidence and cross-examination of the | ||
witnesses. The hearing officer shall issue findings of | ||
fact, conclusions of law, a recommended civil penalty, and | ||
an order based solely on the record. The hearing officer | ||
may also recommend, as part of the order, that the | ||
discharge of industrial waste be discontinued within a | ||
specified time. | ||
(6) The findings of fact, conclusions of law, | ||
recommended civil penalty, and order shall be transmitted | ||
to the board of trustees along with a complete record of | ||
the hearing. | ||
(7) The board of trustees shall either approve or |
disapprove the findings of fact, conclusions of law, | ||
recommended civil penalty, and order. If the findings of | ||
fact, conclusions of law, recommended civil penalty, or | ||
order are rejected, the board of trustees shall remand the | ||
matter to the hearing officer for further proceedings. If | ||
the order is accepted by the board of trustees, it shall | ||
constitute the final order of the board of trustees. | ||
(8) The civil penalty specified by the board of | ||
trustees shall be paid within 35 days after the party on | ||
whom it is imposed receives a written copy of the order of | ||
the board of trustees, unless the person or persons to whom | ||
the order is issued seeks judicial review. | ||
(9) If a person seeks judicial review of the order | ||
assessing civil penalties, the person shall, within 35 days | ||
after the date of the final order, pay the amount of the | ||
civil penalties into an escrow account maintained by the | ||
sanitary district for that purpose or file a bond | ||
guaranteeing payment of the civil penalties if the civil | ||
penalties are upheld on review. | ||
(10) Civil penalties not paid by the times specified | ||
above shall be delinquent and subject to a lien recorded | ||
against the property of the person ordered to pay the | ||
penalty. The foregoing provisions for asserting liens | ||
against real estate by the sanitary district shall be in | ||
addition to any other remedy or right of recovery that the | ||
sanitary district may have with respect to the collection |
or recovery of penalties and charges imposed by the | ||
sanitary district. Judgment in a civil action brought by | ||
the sanitary district to recover or collect the charges | ||
shall not operate as a release and waiver of the lien upon | ||
the real estate for the amount of the judgment. Only | ||
satisfaction of the judgment or the filing of a release or | ||
satisfaction of lien shall release the lien. | ||
(e) The executive director may order a person to cease the | ||
discharge of industrial waste upon a finding by the executive | ||
director that the final order of the board of trustees entered | ||
after a hearing to show cause has been violated. The executive | ||
director shall serve the person with a copy of his or her order | ||
either by certified mail or personally by serving the owner, | ||
officer, registered agent, or individual designated by permit. | ||
The order of the executive director shall also schedule an | ||
expedited hearing before a hearing officer designated by the | ||
board of trustees for the purpose of determining whether the | ||
person has violated the final order of the board of trustees. | ||
The board of trustees shall adopt rules of procedure governing | ||
expedited hearings. In no event shall the hearing be conducted | ||
less than 7 days after service of the executive director's | ||
order. | ||
At the conclusion of the expedited hearing, the hearing | ||
officer shall prepare a report with his or her findings and | ||
recommendations and transmit it to the board of trustees. If | ||
the board of trustees, after reviewing the findings and |
recommendations, and the record produced at the hearing, | ||
determines that the person has violated the board of trustees' | ||
final order, the board of trustees may authorize the plugging | ||
of the sewer. The executive director shall give not less than | ||
10 days' written notice of the board of trustees' order to the | ||
owner, officer, registered agent, or individual designated by | ||
permit, as well as the owner of record of the real estate and | ||
other parties known to be affected, that the sewer will be | ||
plugged. | ||
The foregoing provision for plugging a sewer shall be in | ||
addition to any other remedy that the sanitary district may | ||
have to prevent violation of its ordinances and orders of its | ||
board of trustees. | ||
(f) A violation of the final order of the board of trustees | ||
shall be considered a nuisance. If any person discharges | ||
sewage, industrial wastes, or other wastes into any waters | ||
contrary to the final order of the board of trustees, the | ||
sanitary district, acting through the executive director, has | ||
the power to commence an action or proceeding in the circuit | ||
court in and for the county in which the sanitary district is | ||
located for the purpose of having the discharge stopped either | ||
by mandamus or injunction, or to remedy the violation in any | ||
manner provided for in this Section. | ||
The court shall specify a time, not exceeding 20 days after | ||
the service of the copy of the complaint, in which the party | ||
complained of must plead to the complaint, and in the meantime, |
the party may be restrained. In case of default or after | ||
pleading, the court shall immediately inquire into the facts | ||
and circumstances of the case and enter an appropriate judgment | ||
in respect to the matters complained of. Appeals may be taken | ||
as in other civil cases. | ||
(g) The sanitary district, acting through the executive | ||
director, has the power to commence an action or proceeding for | ||
mandamus or injunction in the circuit court ordering a person | ||
to cease its discharge, when, in the opinion of the executive | ||
director, the person's discharge presents an imminent danger to | ||
the public health, welfare, or safety; presents or may present | ||
an endangerment to the environment; or threatens to interfere | ||
with the operation of the sewerage system or a water | ||
reclamation plant under the jurisdiction of the sanitary | ||
district. The initiation of a show cause hearing is not a | ||
prerequisite to the commencement by the sanitary district of an | ||
action or proceeding for mandamus or injunction in the circuit | ||
court. The court shall specify a time, not exceeding 20 days | ||
after the service of a copy of the petition, in which the party | ||
complained of must answer the petition, and in the meantime, | ||
the party may be restrained. In case of default in answer or | ||
after answer, the court shall immediately inquire into the | ||
facts and circumstances of the case and enter an appropriate | ||
judgment order in respect to the matters complained of. An | ||
appeal may be taken from the final judgment in the same manner | ||
and with the same effect as appeals are taken from judgment of |
the circuit court in other actions for mandamus or injunction. | ||
(h) Whenever the sanitary district commences an action | ||
under subsection (f) of this Section, the court shall assess a | ||
civil penalty of not less than $1,000 nor more than $10,000 for | ||
each day the person violates the board of trustees' order. | ||
Whenever the sanitary district commences an action under | ||
subsection (g) of this Section, the court shall assess a civil | ||
penalty of not less than $1,000 nor more than $10,000 for each | ||
day the person violates the ordinance. Each day's continuance | ||
of the violation is a separate offense. The penalties provided | ||
in this Section plus interest at the rate set forth in the | ||
Interest Act on unpaid penalties, costs, and fees, imposed by | ||
the board of trustees under subsection (d); the reasonable | ||
costs to the sanitary district of removal or other remedial | ||
action caused by discharges in violation of this Act; | ||
reasonable attorney's fees; court costs; other expenses of | ||
litigation; and costs for inspection, sampling, analysis, and | ||
administration related to the enforcement action against the | ||
offending party are recoverable by the sanitary district in a | ||
civil action. | ||
(i) The board of trustees may establish fees for late | ||
filing of reports with the sanitary district required by an | ||
ordinance governing discharges. The sanitary district shall | ||
provide by certified mail a written notice of the fee | ||
assessment that states the person has 30 days after the receipt | ||
of the notice to request a conference with the executive |
director's designee to discuss or dispute the appropriateness | ||
of the assessed fee. Unless a person objects to paying the fee | ||
for filing a report late by timely requesting in writing a | ||
conference with a designee of the executive director, that | ||
person waives his or her right to a conference and the sanitary | ||
district may impose a lien recorded against the property of the | ||
person for the amount of the unpaid fee. | ||
If a person requests a conference and the matter is not | ||
resolved at the conference, the person subject to the fee may | ||
request an administrative hearing before an impartial hearing | ||
officer appointed under subsection (d) to determine the | ||
person's liability for and the amount of the fee.
If the | ||
hearing officer finds that the late filing fees are owed to the | ||
sanitary district, the sanitary district shall notify the | ||
responsible person or persons of the hearing officer's | ||
decision. If payment is not made within 30 days after the | ||
notice, the sanitary district may impose a lien on the property | ||
of the person or persons. | ||
Any liens filed under this subsection shall apply only to | ||
the property to which the late filing fees are related. A claim | ||
for lien shall be filed in the office of the recorder of the | ||
county in which the property is located. The filing of a claim | ||
for lien by the sanitary district does not prevent the sanitary | ||
district from pursuing other means for collecting late filing | ||
fees. If a claim for lien is filed, the sanitary district shall | ||
notify the person whose property is subject to the lien, and |
the person may challenge the lien by filing an action in the | ||
circuit court. The action shall be filed within 90 days after | ||
the person receives the notice of the filing of the claim for | ||
lien. The court shall hear evidence concerning the underlying | ||
reasons for the lien only if an administrative hearing has not | ||
been held under this subsection. | ||
(j) To be effective service under this Section, a demand or | ||
order sent by certified or registered mail to the last known | ||
address need not be received by the offending party. Service of | ||
the demand or order by registered or certified mail shall be | ||
deemed effective upon deposit in the United States mail with | ||
proper postage prepaid and addressed as provided in this | ||
Section. | ||
(k) The provisions of the Administrative Review Law and all | ||
amendments and rules adopted pursuant to that Law apply to and | ||
govern all proceedings for the judicial review of final | ||
administrative decisions of the board of trustees in the | ||
enforcement of any ordinance, rule, or regulation adopted under | ||
this Act. The cost of preparing the record on appeal shall be | ||
paid by the person seeking a review of an order or action | ||
pursuant to the Administrative Review Law. | ||
(l) The provisions of this Section are severable under | ||
Section 1.31 of the Statute on Statutes.
| ||
(70 ILCS 2305/11) (from Ch. 42, par. 287)
| ||
Sec. 11. Except as otherwise provided in this Section, all |
contracts
for purchases or sales by the municipality, the | ||
expense of which will exceed
the mandatory competitive bid | ||
threshold, shall be let to the
lowest responsible bidder | ||
therefor upon not less
than 14 days' public notice of the terms | ||
and conditions upon which the contract
is to be let, having | ||
been given by publication in a newspaper of general
circulation | ||
published in the district, and the board may reject any and all
| ||
bids and readvertise. In determining the lowest responsible | ||
bidder, the board
shall take into consideration the qualities | ||
and serviceability of the articles
supplied, their conformity | ||
with specifications, their suitability to the
requirements of | ||
the district, the availability of support services, the
| ||
uniqueness of the service, materials, equipment, or supplies as | ||
it applies to
network integrated computer systems, the | ||
compatibility of the service,
materials, equipment or supplies | ||
with existing equipment, and the delivery
terms. Contracts for | ||
services in excess of the mandatory competitive bid
threshold | ||
may, subject to the
provisions of this Section, be let by | ||
competitive bidding at the discretion of
the district board of | ||
trustees. All contracts for purchases or sales that
will not | ||
exceed the mandatory competitive bid threshold may be made in | ||
the open market without publication in a
newspaper as above | ||
provided, but whenever practical shall be based on at least
3 | ||
competitive bids. For purposes of this Section, the "mandatory | ||
competitive
bid threshold"
is a dollar amount equal to 0.1% of | ||
the total general fixed
assets of the district as reported in |
the most recent required audit report.
In
no event, however, | ||
shall the mandatory competitive bid threshold dollar amount
be | ||
less than $10,000, nor more than $40,000.
| ||
Cash, a cashier's check, a
certified check, or a bid
bond | ||
with adequate surety approved by the board of trustees as a | ||
deposit of
good faith, in a reasonable amount, but not in | ||
excess of 10% of the contract
amount, may be required of each | ||
bidder by the district on all bids involving
amounts in excess | ||
of the mandatory competitive bid threshold and, if so
required, | ||
the advertisement for bids shall so specify.
| ||
Contracts which by their nature are not adapted to award by | ||
competitive
bidding, including, without limitation, contracts | ||
for the services of
individuals, groups or firms possessing a | ||
high degree of professional skill
where the ability or fitness | ||
of the individual or organization plays an
important part, | ||
contracts for financial management services undertaken
| ||
pursuant to "An Act relating to certain investments of public | ||
funds by
public agencies", approved July 23, 1943, as now or | ||
hereafter amended,
contracts for the purchase or sale of | ||
utilities, contracts for commodities including supply | ||
contracts for natural gas and electricity, contracts for | ||
materials
economically procurable only from a single source of | ||
supply, contracts for services, supplies, materials, parts, or | ||
equipment which are available only from a single source or | ||
contracts for maintenance, repairs, OEM supplies, or OEM parts | ||
from the manufacturer or from a source authorized by the |
manufacturer, contracts for
the use, purchase, delivery, | ||
movement, or installation of
data processing equipment, | ||
software, or services and telecommunications and
interconnect | ||
equipment, software, or services, contracts for duplicating
| ||
machines and supplies, contracts for goods or services procured | ||
from another
governmental agency, purchases of equipment | ||
previously owned by an entity
other than the district itself, | ||
purchases of used equipment, purchases at auction or similar | ||
transactions which by their very nature are not suitable to | ||
competitive bids, and leases of real property where the | ||
sanitary
district is the lessee shall not be subject to the | ||
competitive bidding
requirements of this Section.
| ||
The District may use a design-build procurement method for | ||
any public project which shall not be subject to the | ||
competitive bidding requirements of this Section provided the | ||
Board of Trustees approves the contract for the public project | ||
by a vote of 4 of the 5 trustees. For the purposes of this | ||
Section, "design-build" means a delivery system that provides | ||
responsibility within a single contract for the furnishing of | ||
architecture, engineering, land surveying and related services | ||
as required, and the labor, materials, equipment, and other | ||
construction services for the project. | ||
In the case of an emergency affecting the public health or | ||
safety so declared
by the Board of Trustees of the municipality | ||
at a meeting thereof
duly convened, which declaration shall | ||
require the affirmative vote of four
of the five Trustees, and |
shall set forth the nature of the
danger to the public health | ||
or safety, contracts totaling not more than the
emergency | ||
contract cap
may be let to the extent necessary to
resolve such | ||
emergency
without public advertisement or competitive bidding.
| ||
For purposes of this Section, the dollar amount of an emergency | ||
contract shall not be less than $40,000,
nor more than | ||
$350,000.
The Resolution
or Ordinance in which such declaration | ||
is embodied shall fix the date upon
which such emergency shall | ||
terminate which date may be extended or abridged
by the Board | ||
of Trustees as in their judgment the circumstances require. A
| ||
full written account of any such emergency, together with a | ||
requisition for the
materials, supplies, labor or equipment | ||
required therefor shall be submitted
immediately upon | ||
completion and shall be open to public inspection for a
period | ||
of at least one year subsequent to the date of such emergency | ||
purchase.
Within 30 days after the passage of the resolution or | ||
ordinance declaring an
emergency
affecting the public health or | ||
safety, the municipality shall submit to the
Illinois
| ||
Environmental Protection Agency the full written account of any | ||
such emergency
along
with a copy of the resolution or ordinance | ||
declaring the emergency, in
accordance with
requirements as may | ||
be provided by rule.
| ||
To address operating emergencies not affecting the public | ||
health or safety,
the
Board of Trustees shall authorize, in | ||
writing, officials or employees of the
sanitary
district to | ||
purchase in the open market and without advertisement any |
supplies,
materials,
equipment, or services for immediate | ||
delivery to meet the bona fide operating
emergency, without | ||
filing a requisition or estimate therefor, in an amount not
in | ||
excess of
$100,000; provided that the Board of Trustees must be | ||
notified of the operating
emergency. A full, written account of | ||
each operating emergency and a
requisition for the
materials, | ||
supplies, equipment, and services required to meet the | ||
operating
emergency
must be immediately submitted by the | ||
officials or employees authorized to make
purchases to the
| ||
Board of
Trustees. The account must be available for public | ||
inspection for a period of
at least one
year after the date of | ||
the operating emergency purchase. The exercise of
authority | ||
with
respect to purchases for a bona fide operating emergency | ||
is not dependent on a
declaration of an operating emergency by | ||
the Board of Trustees.
| ||
The competitive bidding requirements of this Section do not | ||
apply to contracts, including contracts for both materials and | ||
services incidental thereto, for the repair or replacement of a | ||
sanitary district's treatment plant, sewers, equipment, or | ||
facilities damaged or destroyed as the result of a sudden or | ||
unexpected occurrence, including, but not limited to, a flood, | ||
fire, tornado, earthquake, storm, or other natural or man-made | ||
disaster, if the board of trustees determines in writing that | ||
the awarding of those contracts without competitive bidding is | ||
reasonably necessary for the sanitary district to maintain | ||
compliance with a permit issued under the National Pollution |
Discharge Elimination System (NPDES) or any successor system or | ||
with any outstanding order relating to that compliance issued | ||
by the United States Environmental Protection Agency, the | ||
Illinois Environmental Protection Agency, or the Illinois | ||
Pollution Control Board. The authority to issue contracts | ||
without competitive bidding
pursuant to this paragraph expires | ||
6 months after the date of the
writing determining that the | ||
awarding of contracts without competitive bidding is | ||
reasonably necessary. | ||
No Trustee shall be interested, directly or indirectly, in | ||
any contract,
work or business of the municipality, or in the | ||
sale of any article, whenever
the expense, price or | ||
consideration of the contract work, business or sale is
paid | ||
either from the treasury or by any assessment levied by any | ||
Statute or
Ordinance. No Trustee shall be interested, directly | ||
or indirectly, in the
purchase of any property which (1) | ||
belongs to the municipality, or (2) is sold
for taxes or | ||
assessments of the municipality, or (3) is sold by virtue of | ||
legal
process in the suit of the municipality.
| ||
A contract for any work or other public improvement, to be | ||
paid for in
whole or in part by special assessment or special | ||
taxation, shall be entered
into and the
performance thereof | ||
controlled by the provisions of Division 2 of
Article 9 of the | ||
"Illinois Municipal Code", approved May 29, 1961, as
heretofore | ||
or hereafter amended, as near as may be. However, contracts
may | ||
be let for making proper and suitable connections between the |
mains
and outlets of the respective sanitary sewers in the | ||
district with any
conduit, conduits, main pipe or pipes that | ||
may be constructed by such
sanitary district.
| ||
(Source: P.A. 98-162, eff. 8-2-13.)
| ||
(70 ILCS 2305/18.5 new) | ||
Sec. 18.5. Contracts. The sanitary district may enter into | ||
contracts with municipalities or other parties outside the | ||
sanitary district that may request service from the sanitary | ||
district at higher rates than the existing rates for like | ||
consumers within the sanitary district to allow the sanitary | ||
district to obtain a fair return to cover the costs of | ||
financing, constructing, operating, and maintaining its | ||
facilities. In the event that thereafter such rates are not | ||
agreed upon by the parties or are not otherwise provided for by | ||
contract, such rates shall be fixed and determined by the | ||
circuit court of Lake County after a petition has been filed | ||
with that court. | ||
(70 ILCS 2305/31 new) | ||
Sec. 31. Resource recovery. | ||
(a) As used in this Section: | ||
"Recovered resources" means any material produced by or | ||
extracted from the operation of sanitary district facilities, | ||
including, but not limited to: | ||
(1) solids, including solids from the digestion |
process, semi-solids, or liquid materials; | ||
(2) gases, including biogas, carbon dioxide, and | ||
methane; | ||
(3) nutrients; | ||
(4) algae; | ||
(5) treated effluent; and | ||
(6) thermal energy or hydropower. | ||
"Renewable energy facility" shall have the same meaning as | ||
a facility defined under Section 5 of the Renewable Energy | ||
Production District Act. | ||
"Renewable energy resources" means resources as defined | ||
under Section 1-10 of the Illinois Power Agency Act. | ||
"Resource recovery" means the recovery of material or | ||
energy from waste as defined under Section 3.435 of the | ||
Environmental Protection Act. | ||
(b) The General Assembly finds that: | ||
(1) technological advancements in wastewater treatment | ||
have resulted in the ability to capture recovered resources | ||
and produce renewable energy resources from material | ||
previously discarded; | ||
(2) the capture and beneficial reuse of recovered | ||
resources and the production of renewable energy resources | ||
serve a wide variety of environmental benefits including, | ||
but not limited to, improved water quality, reduction of | ||
greenhouse gases, reduction of carbon footprint, reduction | ||
of landfill usage, reduced usage of hydrocarbon-based |
fuels, return of nutrients to the food cycle, and reduced | ||
water consumption; | ||
(3) the sanitary district is a leader in the field of | ||
wastewater treatment and possesses the expertise and | ||
experience necessary to capture and beneficially reuse or | ||
prepare for beneficial reuse recovered resources, | ||
including renewable energy resources; and | ||
(4) the sanitary district has the opportunity and | ||
ability to change the approach to wastewater treatment from | ||
that of a waste material to be disposed of to one of a | ||
collection of resources to be recovered, reused, and sold, | ||
with the opportunity to provide the sanitary district with | ||
additional sources of revenue and reduce operating costs. | ||
(c) The sanitary district may sell or otherwise dispose of | ||
recovered resources or renewable energy resources resulting | ||
from the operation of sanitary district facilities, and may | ||
construct, maintain, finance, and operate such activities, | ||
facilities, and other works as are necessary for that purpose. | ||
(d) The sanitary district may take in materials which are | ||
used in the generation of usable products from recovered | ||
resources, or which increase the production of renewable energy | ||
resources, including, but not limited to, food waste, organic | ||
fraction of solid waste, commercial or industrial organic | ||
wastes, fats, oils, greases, and vegetable debris. | ||
(e) The authorizations granted to the sanitary district | ||
under this Section shall not be construed as modifying or |
limiting any other law or regulation. Any actions taken | ||
pursuant to the authorities granted in this Section must be in | ||
compliance with all applicable laws and regulations, | ||
including, but not limited to, the Environmental Protection | ||
Act, and rules adopted under that Act. | ||
Section 15. The Sanitary District Act of 1917 is amended by | ||
changing Section 17.1 as follows:
| ||
(70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)
| ||
Sec. 17.1. Acquiring district or municipal treatment | ||
works.
| ||
(a) After incorporation, any district organized under this | ||
Act may, in
accordance with this Act and an intergovernmental | ||
agreement with the sanitary
district being acquired or the | ||
municipality from whom the treatment works and
lines are to be | ||
acquired, acquire the territory, treatment works, lines,
| ||
appurtenances, and other property of (i) any sanitary district | ||
organized under
this Act, the Sanitary District Act of 1907, | ||
the North Shore Water Reclamation Sanitary District
Act, the | ||
Sanitary District Act of 1936, or the Metro-East Sanitary | ||
District Act
of 1974 or (ii) any municipality whose treatment | ||
works were established under
the Illinois Municipal Code or the | ||
Municipal Wastewater Disposal Zones Act,
regardless of whether | ||
that district or municipality is contiguous to the
acquiring | ||
sanitary district. The distance between the sanitary district |
being
acquired or municipality and the acquiring sanitary | ||
district, however, as
measured between the points on their | ||
corporate boundaries that are nearest to
each other, shall not | ||
exceed 20 miles. In the case of a municipality, only that
| ||
property used by the municipality for transport, treatment, and | ||
discharge of
wastewater and for disposal of sewage sludge shall | ||
be transferred to the
acquiring sanitary district.
| ||
(b) The board of trustees of the sanitary district being | ||
acquired, or
the corporate authorities of a municipality whose | ||
treatment works is being
acquired, shall, jointly with the | ||
board of trustees of the acquiring sanitary
district, petition | ||
the circuit court of the county containing all or the larger
| ||
portion of the sanitary district being acquired or the | ||
municipality to permit
the acquisition. The petition shall show | ||
the following:
| ||
(1) The reason for the acquisition.
| ||
(2) That there are no debts of the sanitary district | ||
being
acquired or municipality outstanding, or that there | ||
are sufficient funds on
hand or available to satisfy those | ||
debts.
| ||
(3) That no contract or federal or State permit or | ||
grant will be
impaired by the acquisition.
| ||
(4) That all assets and responsibilities of the | ||
sanitary district being
acquired or municipality, as they | ||
relate to wastewater treatment, have been
properly | ||
assigned to the acquiring sanitary district.
|
(5) That the acquiring sanitary district will pay any | ||
court costs
incurred in connection with the petition.
| ||
(6) The boundaries of the acquired sanitary district or | ||
municipality as
of the date of the petition.
| ||
(c) Upon adequate notice, including appropriate notice to | ||
the Illinois
Environmental Protection Agency, the circuit | ||
court shall hold a hearing to
determine whether there is good | ||
cause for the acquisition by the acquiring
district and whether | ||
the allegations of the petition are true. If the court
finds | ||
that there is good cause and that the allegations are true, it | ||
shall
order the acquisition to proceed. If the court finds that | ||
there is not good
cause for the acquisition or that the | ||
allegations of the petition are not true,
the court shall | ||
dismiss the petition. In either event, the costs shall be taxed
| ||
against the acquiring sanitary district. The order shall be | ||
final. Separate or
joint appeals may be taken by any party | ||
affected by the order as in other civil
cases.
| ||
(d) If the court orders the acquisition contemplated in the | ||
petition,
there shall be no further appointments of trustees if | ||
the acquired agency
is a sanitary district. The trustees of the | ||
acquired sanitary district acting
at the time of the order | ||
shall close up the business affairs of the sanitary
district | ||
and make the necessary conveyances of title to the sanitary | ||
district
property in accordance with the intergovernmental | ||
agreement between the
acquiring and acquired sanitary | ||
districts. In the case of a municipality, the
governing body of |
the municipality shall make the necessary conveyances of
title | ||
to municipal property to the acquiring sanitary district in | ||
accordance
with the intergovernmental agreement between the | ||
municipality and the acquiring
sanitary district. The | ||
acquiring sanitary district's ordinances take effect in
the | ||
acquired territory upon entry of the order.
| ||
(e) The acquisition of any sanitary district by another | ||
sanitary
district or the acquisition of a treatment works from | ||
a municipality by
another sanitary district shall not affect | ||
the obligation of any bonds
issued or contracts entered into by | ||
the acquired sanitary district or
the municipality, nor | ||
invalidate the levy, extension, or collection of any
taxes or | ||
special assessments upon a property in the acquired sanitary | ||
district,
but all those bonds and contracts shall be | ||
discharged. The general obligation
indebtedness of the | ||
acquired sanitary district shall be paid from the proceeds
of | ||
continuing taxes and special assessments as provided in this | ||
Act.
| ||
All money remaining after the business affairs of the | ||
acquired sanitary
district or acquired treatment works of the | ||
municipality have been closed up
and all debts and obligations | ||
of the entities paid shall be paid to the
acquiring sanitary | ||
district in accordance with the intergovernmental agreement
| ||
between the parties.
| ||
(f) The board of trustees of the acquiring sanitary | ||
district required to
provide sewer service under this Act may |
levy and collect, for that purpose, a
tax on the taxable | ||
property within that district. The aggregate amount of the
tax | ||
shall be as provided in this Act.
| ||
(g) Any intergovernmental agreement entered into by the | ||
parties
under this Section shall provide for the imposition or | ||
continuance of a
user charge system in accordance with the | ||
acquiring district's ordinance,
the Illinois Environmental | ||
Protection Act, and the federal Clean Water Act.
| ||
(h) All courts shall take judicial notice of the | ||
acquisition of the
sanitary district being acquired or | ||
municipal treatment works by the acquiring
sanitary district.
| ||
(Source: P.A. 87-1060.)
| ||
Section 20. The Eminent Domain Act is amended by changing | ||
Section 15-5-15 as follows: | ||
(735 ILCS 30/15-5-15)
| ||
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | ||
through 75. The following provisions of law may include express | ||
grants of the power to acquire property by condemnation or | ||
eminent domain: | ||
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | ||
authorities; for public airport facilities.
| ||
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | ||
authorities; for removal of airport hazards.
|
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport | ||
authorities; for reduction of the height of objects or | ||
structures.
| ||
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate | ||
airport authorities; for general purposes.
| ||
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority | ||
Act; Kankakee River Valley Area Airport Authority; for | ||
acquisition of land for airports.
| ||
(70 ILCS 200/2-20); Civic Center Code; civic center | ||
authorities; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | ||
Exposition, Auditorium and Office Building Authority; for | ||
grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park | ||
District Civic Center Authority; for grounds, centers, | ||
buildings, and parking.
| ||
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/60-30); Civic Center Code; Collinsville | ||
Metropolitan Exposition, Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | ||
Exposition, Auditorium and Office Building Authority; for | ||
grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/80-15); Civic Center Code; DuPage County | ||
Metropolitan Exposition, Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | ||
Exposition, Auditorium and Office Building Authority; for | ||
grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan | ||
Exposition, Auditorium and Office Building Authority; for | ||
grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
|
(70 ILCS 200/120-25); Civic Center Code; Jefferson County | ||
Metropolitan Exposition, Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | ||
Civic Center Authority; for grounds, centers, buildings, | ||
and parking.
| ||
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | ||
Metropolitan Exposition, Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | ||
Civic Center Authority; for grounds, centers, buildings, | ||
and parking.
| ||
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/165-35); Civic Center Code; Melrose Park | ||
Metropolitan Exposition Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | ||
Exposition, Auditorium and Office Building Authorities; | ||
for general purposes.
| ||
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | ||
Civic Center Authority; for grounds, centers, buildings, | ||
and parking.
| ||
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | ||
Exposition, Auditorium and Office Building Authority; for | ||
grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/230-35); Civic Center Code; River Forest | ||
Metropolitan Exposition, Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/255-20); Civic Center Code; Springfield | ||
Metropolitan Exposition and Auditorium Authority; for | ||
grounds, centers, and parking.
| ||
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | ||
Exposition, Auditorium and Office Building Authority; for | ||
grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/265-20); Civic Center Code; Vermilion County | ||
Metropolitan Exposition, Auditorium and Office Building | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | ||
Authority; for grounds, centers, buildings, and parking.
| ||
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | ||
Center Authority; for grounds, centers, buildings, and | ||
parking.
| ||
(70 ILCS 200/280-20); Civic Center Code; Will County | ||
Metropolitan Exposition and Auditorium Authority; for | ||
grounds, centers, and parking.
| ||
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority | ||
Act; Metropolitan Pier and Exposition Authority; for | ||
general purposes, including quick-take power.
| ||
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act; | ||
soil and water conservation districts; for general | ||
purposes.
| ||
(70 ILCS 410/10 and 410/12); Conservation District Act; | ||
conservation districts; for open space, wildland, scenic |
roadway, pathway, outdoor recreation, or other | ||
conservation benefits.
| ||
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center | ||
Redevelopment Commission Act; Chanute-Rantoul National | ||
Aviation Center Redevelopment Commission; for general | ||
purposes. | ||
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | ||
Fort Sheridan Redevelopment Commission; for general | ||
purposes or to carry out comprehensive or redevelopment | ||
plans.
| ||
(70 ILCS 520/8); Southwestern Illinois Development Authority | ||
Act; Southwestern Illinois Development Authority; for | ||
general purposes, including quick-take power.
| ||
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | ||
drainage districts; for general purposes.
| ||
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | ||
corporate authorities; for construction and maintenance of | ||
works.
| ||
(70 ILCS 705/10); Fire Protection District Act; fire protection | ||
districts; for general purposes.
| ||
(70 ILCS 750/20); Flood Prevention District Act; flood | ||
prevention districts; for general purposes. | ||
(70 ILCS 805/6); Downstate Forest Preserve District Act; | ||
certain forest preserve districts; for general purposes.
| ||
(70 ILCS 805/18.8); Downstate Forest Preserve District Act; | ||
certain forest preserve districts; for recreational and |
cultural facilities.
| ||
(70 ILCS 810/8); Cook County Forest Preserve District Act; | ||
Forest Preserve District of Cook County; for general | ||
purposes.
| ||
(70 ILCS 810/38); Cook County Forest Preserve District Act; | ||
Forest Preserve District of Cook County; for recreational | ||
facilities.
| ||
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital | ||
districts; for hospitals or hospital facilities.
| ||
(70 ILCS 915/3); Illinois Medical District Act; Illinois | ||
Medical District Commission; for general purposes.
| ||
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois | ||
Medical District Commission; quick-take power for the | ||
Illinois State Police Forensic Science Laboratory | ||
(obsolete).
| ||
(70 ILCS 920/5); Tuberculosis Sanitarium District Act; | ||
tuberculosis sanitarium districts; for tuberculosis | ||
sanitariums.
| ||
(70 ILCS 925/20); Mid-Illinois
Medical District Act; | ||
Mid-Illinois
Medical District; for general purposes.
| ||
(70 ILCS 930/20); Mid-America Medical District Act; | ||
Mid-America Medical District Commission; for general | ||
purposes. | ||
(70 ILCS 935/20); Roseland Community Medical District Act; | ||
medical district; for general purposes. | ||
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
abatement districts; for general purposes.
| ||
(70 ILCS 1105/8); Museum District Act; museum districts; for | ||
general purposes.
| ||
(70 ILCS 1205/7-1); Park District Code; park districts; for | ||
streets and other purposes.
| ||
(70 ILCS 1205/8-1); Park District Code; park districts; for | ||
parks.
| ||
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | ||
districts; for airports and landing fields.
| ||
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | ||
districts; for State land abutting public water and certain | ||
access rights.
| ||
(70 ILCS 1205/11.1-3); Park District Code; park districts; for | ||
harbors.
| ||
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | ||
park districts; for street widening.
| ||
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control | ||
Act; park districts; for parks, boulevards, driveways, | ||
parkways, viaducts, bridges, or tunnels.
| ||
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; | ||
park districts; for boulevards or driveways.
| ||
(70 ILCS 1290/1); Park District Aquarium and Museum Act; | ||
municipalities or park districts; for aquariums or | ||
museums.
| ||
(70 ILCS 1305/2); Park District Airport Zoning Act; park | ||
districts; for restriction of the height of structures.
|
(70 ILCS 1310/5); Park District Elevated Highway Act; park | ||
districts; for elevated highways.
| ||
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park | ||
District; for parks and other purposes.
| ||
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | ||
District; for parking lots or garages.
| ||
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | ||
District; for harbors.
| ||
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | ||
Act; Lincoln Park Commissioners; for land and interests in | ||
land, including riparian rights.
| ||
(70 ILCS 1801/30); Alexander-Cairo Port District Act; | ||
Alexander-Cairo Port District; for general purposes. | ||
(70 ILCS 1805/8); Havana Regional Port District Act; Havana | ||
Regional Port District; for general purposes.
| ||
(70 ILCS 1810/7); Illinois International Port District Act; | ||
Illinois International Port District; for general | ||
purposes.
| ||
(70 ILCS 1815/13); Illinois Valley Regional Port District Act; | ||
Illinois Valley Regional Port District; for general | ||
purposes.
| ||
(70 ILCS 1820/4); Jackson-Union Counties Regional Port | ||
District Act; Jackson-Union Counties Regional Port | ||
District; for removal of airport hazards or reduction of | ||
the height of objects or structures.
| ||
(70 ILCS 1820/5); Jackson-Union Counties Regional Port |
District Act; Jackson-Union Counties Regional Port | ||
District; for general purposes.
| ||
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | ||
Regional Port District; for removal of airport hazards.
| ||
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | ||
Regional Port District; for reduction of the height of | ||
objects or structures.
| ||
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | ||
Regional Port District; for removal of hazards from ports | ||
and terminals.
| ||
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | ||
Regional Port District; for general purposes.
| ||
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | ||
Kaskaskia Regional Port District; for removal of hazards | ||
from ports and terminals.
| ||
(70 ILCS 1830/14); Kaskaskia Regional Port District Act; | ||
Kaskaskia Regional Port District; for general purposes.
| ||
(70 ILCS 1831/30); Massac-Metropolis Port District Act; | ||
Massac-Metropolis Port District; for general purposes. | ||
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. | ||
Carmel Regional Port District; for removal of airport | ||
hazards.
| ||
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. | ||
Carmel Regional Port District; for reduction of the height | ||
of objects or structures.
| ||
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
Carmel Regional Port District; for general purposes.
| ||
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | ||
District; for general purposes. | ||
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | ||
Regional Port District; for removal of airport hazards.
| ||
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | ||
Regional Port District; for reduction of the height of | ||
objects or structures.
| ||
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | ||
Regional Port District; for general purposes.
| ||
(70 ILCS 1850/4); Shawneetown Regional Port District Act; | ||
Shawneetown Regional Port District; for removal of airport | ||
hazards or reduction of the height of objects or | ||
structures.
| ||
(70 ILCS 1850/5); Shawneetown Regional Port District Act; | ||
Shawneetown Regional Port District; for general purposes.
| ||
(70 ILCS 1855/4); Southwest Regional Port District Act; | ||
Southwest Regional Port District; for removal of airport | ||
hazards or reduction of the height of objects or | ||
structures.
| ||
(70 ILCS 1855/5); Southwest Regional Port District Act; | ||
Southwest Regional Port District; for general purposes. | ||
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City | ||
Regional Port District; for removal of airport hazards.
| ||
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City | ||
Regional Port District; for the development of facilities.
|
(70 ILCS 1863/11); Upper Mississippi River International Port | ||
District Act; Upper Mississippi River International Port | ||
District; for general purposes. | ||
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | ||
District; for removal of airport hazards.
| ||
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | ||
District; for restricting the height of objects or | ||
structures.
| ||
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | ||
District; for the development of facilities.
| ||
(70 ILCS 1870/8); White County Port District Act; White County | ||
Port District; for the development of facilities.
| ||
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | ||
Terminal Authority (Chicago); for general purposes.
| ||
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority | ||
Act; Grand Avenue Railroad Relocation Authority; for | ||
general purposes, including quick-take power (now | ||
obsolete). | ||
(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act; | ||
Elmwood Park Grade Separation Authority; for general | ||
purposes.
| ||
(70 ILCS 2105/9b); River Conservancy Districts Act; river | ||
conservancy districts; for general purposes.
| ||
(70 ILCS 2105/10a); River Conservancy Districts Act; river | ||
conservancy districts; for corporate purposes.
| ||
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
districts; for corporate purposes.
| ||
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | ||
districts; for improvements and works.
| ||
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | ||
districts; for access to property.
| ||
(70 ILCS 2305/8); North Shore Water Reclamation Sanitary | ||
District Act; North Shore Water Reclamation Sanitary | ||
District; for corporate purposes.
| ||
(70 ILCS 2305/15); North Shore Water Reclamation Sanitary | ||
District Act; North Shore Water Reclamation Sanitary | ||
District; for improvements.
| ||
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | ||
District of Decatur; for carrying out agreements to sell, | ||
convey, or disburse treated wastewater to a private entity.
| ||
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | ||
districts; for corporate purposes.
| ||
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | ||
districts; for improvements.
| ||
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | ||
1917; sanitary districts; for waterworks.
| ||
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary | ||
districts; for public sewer and water utility treatment | ||
works.
| ||
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | ||
districts; for dams or other structures to regulate water | ||
flow.
|
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | ||
Metropolitan Water Reclamation District; for corporate | ||
purposes.
| ||
(70 ILCS 2605/16); Metropolitan Water Reclamation District | ||
Act; Metropolitan Water Reclamation District; quick-take | ||
power for improvements.
| ||
(70 ILCS 2605/17); Metropolitan Water Reclamation District | ||
Act; Metropolitan Water Reclamation District; for bridges.
| ||
(70 ILCS 2605/35); Metropolitan Water Reclamation District | ||
Act; Metropolitan Water Reclamation District; for widening | ||
and deepening a navigable stream.
| ||
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | ||
districts; for corporate purposes.
| ||
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | ||
districts; for improvements.
| ||
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; | ||
sanitary districts; for drainage systems.
| ||
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary | ||
districts; for dams or other structures to regulate water | ||
flow.
| ||
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary | ||
districts; for water supply.
| ||
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary | ||
districts; for waterworks.
| ||
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | ||
Metro-East Sanitary District; for corporate purposes.
|
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | ||
Metro-East Sanitary District; for access to property.
| ||
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary | ||
districts; for sewerage systems.
| ||
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | ||
Illinois Sports Facilities Authority; quick-take power for | ||
its corporate purposes (obsolete).
| ||
(70 ILCS 3405/16); Surface Water Protection District Act; | ||
surface water protection districts; for corporate | ||
purposes.
| ||
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago | ||
Transit Authority; for transportation systems.
| ||
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago | ||
Transit Authority; for general purposes.
| ||
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago | ||
Transit Authority; for general purposes, including | ||
railroad property.
| ||
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; | ||
local mass transit districts; for general purposes.
| ||
(70 ILCS 3615/2.13); Regional Transportation Authority Act; | ||
Regional Transportation Authority; for general purposes.
| ||
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public | ||
water districts; for waterworks.
| ||
(70 ILCS 3705/23a); Public Water District Act; public water | ||
districts; for sewerage properties.
| ||
(70 ILCS 3705/23e); Public Water District Act; public water |
districts; for combined waterworks and sewerage systems.
| ||
(70 ILCS 3715/6); Water Authorities Act; water authorities; for | ||
facilities to ensure adequate water supply.
| ||
(70 ILCS 3715/27); Water Authorities Act; water authorities; | ||
for access to property.
| ||
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library | ||
trustees; for library buildings.
| ||
(75 ILCS 16/30-55.80); Public Library District Act of 1991; | ||
public library districts; for general purposes.
| ||
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | ||
authorities of city or park district, or board of park | ||
commissioners; for free public library buildings.
| ||
(Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; | ||
incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|