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Public Act 097-0500 | ||||
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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 North Shore Sanitary District Act is amended | ||||
by changing Sections 3, 7, and 28 and by adding Section 30 as | ||||
follows:
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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 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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The trustees shall hold office respectively for 4 years | ||
from the
first Monday of May after their election and until | ||
their successors are
appointed and qualified, except that the | ||
term of office of 2 of the
trustees first elected shall be for | ||
2 years. Which of the trustees
first elected shall serve a term | ||
of 2 years shall be determined by lot
at their first meeting. | ||
Notwithstanding the foregoing provisions, all | ||
All trustees
elected from in 1994 through 2011 or | ||
thereafter shall assume office on the first Monday in
December | ||
following the general election instead of the first Monday in | ||
May of
the following year . 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 divide the wards into | ||
2 groups, one of which shall consist of 3
wards and the other |
shall consist of 2 wards. Trustees from one group shall
serve | ||
terms of 4 years, 4 years and 2 years; and 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 | ||
$10,000.00, 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. 95-607, eff. 9-11-07.)
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(70 ILCS 2305/7) (from Ch. 42, par. 283)
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Sec. 7. Powers of the board of trustees. The board of | ||
trustees of any sanitary district organized under
this Act may | ||
provide for the disposal of the sewage thereof and save and
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preserve the water supplied to the inhabitants of such district | ||
from
contamination.
For that purpose the board may construct | ||
and maintain an enclosed conduit
or conduits, main pipes, | ||
wholly or partially submerged, buried or otherwise,
and by | ||
means of pumps or otherwise cause such sewage to flow or to be | ||
forced
through such conduit or conduits, pipe or pipes to and | ||
into any ditch or
canal constructed and operated by any other | ||
sanitary district, after having
first acquired the right so to | ||
do. Such board may provide for the drainage
of such district by | ||
laying out, establishing, constructing and maintaining
one or | ||
more channels, drains, ditches and outlets for carrying off and
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disposing
of the drainage (including the sewage) of such | ||
district, together with such
adjuncts and additions thereto as | ||
may be necessary or proper to cause such
channels or outlets to | ||
accomplish the end for which they are designed, in
a |
satisfactory manner, including pumps and pumping
stations and | ||
the operation of the same. Such board shall provide suitable
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and modernly equipped sewage disposal works or plants for the | ||
separation
and disposal of all solids and deleterious matter | ||
from the liquids, and
shall treat and purify the residue of | ||
such sewage so that when it flows
into any lake, it will not | ||
injuriously contaminate the waters thereof. The
board shall | ||
adopt any feasible method to accomplish the object for which
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such sanitary district may be created, and may also provide | ||
means whereby
the sanitary district may reach and procure | ||
supplies of water for diluting
and flushing purposes. The board | ||
of trustees of any sanitary district formed under this Act may | ||
also enter into an agreement to sell, convey, or disburse | ||
treated wastewater to any public or private entity located | ||
within or outside of the boundaries of the sanitary district. | ||
Any use of treated wastewater by any public or private entity | ||
shall be subject to the orders of the Pollution Control Board. | ||
The agreement may not exceed 20 years. | ||
Nothing set forth in this Section However, nothing herein | ||
contained may be construed
to empower, authorize or require | ||
such board of trustees to operate a system
of water works for | ||
the purpose of furnishing or delivering water to any
such | ||
municipality or to the inhabitants thereof without payment | ||
therefor
at such rates as the board may determine. Nothing in | ||
this Act shall
require a sanitary district to extend service to | ||
any individual residence
or other building within the district, |
and it is the intent of the Illinois
General Assembly that any | ||
construction contemplated by this Section shall
be restricted | ||
to construction of works and main or interceptor sewers,
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conduits, channels and similar facilities, but not individual | ||
service
lines. Nothing in this Act contained
authorizes the | ||
trustees to flow the sewage of such district into Lake | ||
Michigan.
Any such plan for sewage disposal by any sanitary | ||
district organized hereunder
is prohibited, unless such sewage | ||
has been treated and purified as provided
in this Section, all | ||
laws of the Federal government relating to the pollution
of | ||
navigable waters have been complied with, the approval of plans | ||
and
constructions of outlets and connection with any of the | ||
streams or navigable
bodies of water within or bordering upon | ||
the State has been obtained from the
Department of Natural | ||
Resources of the State. The
discharge
of any sewage from any | ||
such district into any of the streams or navigable
bodies of | ||
water within or bordering upon the State is subject to the | ||
orders
of the Pollution Control Board. Nothing in this Act | ||
contained may be construed
as superseding or in any manner | ||
limiting the provisions of the Environmental
Protection Act.
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After the construction of such sewage disposal plant, if | ||
the board finds
that it will promote the prevention of | ||
pollution of waters of the State,
such board of trustees may | ||
adopt ordinances or rules and regulations,
prohibiting
or | ||
regulating the discharge to sewers of inadmissible wastes or | ||
substances
toxic to biological wastewater treatment processes. |
Inadmissible wastes
include those which create a fire or | ||
explosion hazard in the sewer or treatment
works; those which | ||
will impair the hydraulic capacity of sewer systems;
and those | ||
which in any quantity, create a hazard to people, sewer | ||
systems,
treatment processes, or receiving waters. Substances | ||
that may be toxic to
wastewater treatment processes include | ||
copper, chromium, lead, zinc, arsenic
and nickel and any | ||
poisonous compounds such as cyanide or radioactive wastes
which | ||
pass through wastewater treatment plants in hazardous | ||
concentrations
and menace users of the receiving waters. Such | ||
ordinances or rules and
regulations shall be effective | ||
throughout the sanitary district, in the
incorporated areas as | ||
well as the
unincorporated areas and all public sewers therein.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 2305/28) (from Ch. 42, par. 296.8)
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Sec. 28. Annexation of contiguous territory. The board of | ||
trustees of any sanitary district may annex any
territory which | ||
is not within the corporate limits of the sanitary
district, | ||
provided:
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(a) The territory is contiguous to the annexing | ||
sanitary district; and
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(b) The territory is served by the sanitary district or | ||
by a
municipality with sanitary sewers that are connected | ||
and served by the
sanitary district.
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The annexation shall be accomplished only by ordinance and |
the ordinance
shall include a description of the annexed | ||
territory. A copy of the
ordinance and a map of the annexed | ||
territory certified as true and accurate
by the clerk of the | ||
annexing sanitary district shall be filed with the
county clerk | ||
of the county in which the annexed territory is located.
The | ||
new boundary shall extend to the far side of any adjacent | ||
highway and
shall include all of every highway within the area | ||
annexed. These highways
shall be considered to be annexed even | ||
though not included in the legal
description set forth in the | ||
annexation ordinance. | ||
The territory to be annexed to the sanitary district shall | ||
be considered to be contiguous to the sanitary district | ||
notwithstanding that the territory to be annexed is divided by, | ||
or that the territory to be annexed is separated from the | ||
sanitary district by, one or more railroad rights-of-ways, | ||
public easements, or properties owned by a public utility, a | ||
forest preserve district, a public agency, or a not-for-profit | ||
corporation.
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(Source: P.A. 86-1191.)
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(70 ILCS 2305/30 new) | ||
Sec. 30. Claims for compensation. No claim for compensation | ||
shall be made or action for damages filed against a sanitary | ||
district formed under this Act on account of any damage to | ||
property occurring on or after January 1, 2012, unless notice | ||
in writing is filed with the secretary of the sanitary |
district's board of trustees within 6 months after the | ||
occurrence of the damage setting forth the following | ||
information: (i) the name and residence address of the owner of | ||
the property damaged, (ii) the property's location, and (iii) | ||
the probable extent of the damage sustained.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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