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Public Act 92-0255
SB1506 Enrolled LRB9205181MWdvA
AN ACT concerning sanitary sewers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Section 7-1-18.5 as follows:
(65 ILCS 5/7-1-18.5 new)
Sec. 7-1-18.5. Maintenance of sanitary sewers. A
municipality located in a county with a population of
3,000,000 or more to which territory is annexed after the
effective date of this amendatory Act of the 92nd General
Assembly is responsible for the operation and maintenance of
any existing sanitary sewerage system serving the annexed
territory, unless the sanitary sewerage system is under the
jurisdiction of another unit of local government other than
the Metropolitan Water Reclamation District.
Section 10. The Metropolitan Water Reclamation District
Act is amended by changing Section 7f as follows:
(70 ILCS 2605/7f) (from Ch. 42, par. 326f)
Sec. 7f. Regulation of connecting sewerage systems.
(a) It shall be unlawful for any person to construct or
install any sewerage system that discharges sewage,
industrial wastes, or other wastes, directly or indirectly,
into the sewerage system of the sanitary district, unless a
written permit for the sewerage system has been granted by
the sanitary district acting through the general
superintendent. The sanitary district shall specify by
ordinance the changes, additions, or extensions to an
existing sewerage system that will require a permit. No
changes, additions, or extensions to any existing sewerage
systems discharging sewage, industrial wastes, or other
wastes into the sewerage system of the sanitary district,
that requires a permit, may be made until plans for the
changes, additions, or extensions have been submitted to and
a written permit obtained from the sanitary district acting
through the general superintendent; provided, however, that
this Section is not applicable in any municipality having a
population of more than 500,000.
(b) Sewerage systems shall be operated in accordance
with the ordinances of the sanitary district. The Board of
Commissioners of any sanitary district is authorized to
regulate, limit, extend, deny, or otherwise control any new
or existing connection, addition, or extension to any sewer
or sewerage system which directly or indirectly discharges
into the sanitary district sewerage system. The Board shall
adopt standards and specifications for construction,
operation, and maintenance. This Section shall not apply to
sewerage systems under the jurisdiction of any city, village,
or incorporated town having a population of 500,000 or more.
(c) The Board of Commissioners of any sanitary district
is hereby authorized to pass all necessary ordinances to
carry out the aforementioned powers. The ordinances may
provide for a civil penalty for each offense of not less than
$100 nor more than $1,000. Each day's continuance of the
violation shall be a separate offense. Hearings for
violations of the ordinances adopted by the Board of
Commissioners may be conducted by the Board of Commissioners
or its designee.
(d) Plans and specifications for any sewerage system
covered by this Act must be submitted to the sanitary
district before a written permit may be issued and the
construction of any sewerage system must be in accordance
with the plans and specifications. In case it is necessary
or desirable to make material changes in the plans or
specifications, the revised plans or specifications, together
with the reasons for the proposed changes, must be submitted
to the sanitary district for a supplemental written permit.
(e) The sanitary district, acting through the general
superintendent, may require any owner of a sewerage system
discharging into the sewerage system of the sanitary
district, to file with it complete plans of the whole or of
any part of the system and any other information and records
concerning the installation and operation of the system.
(f) The sanitary district, acting through the general
superintendent, may establish procedures for the review of
any plans, specifications, or other data relative to any
sewerage system, written permits for which are required by
this Act.
(g) The sanitary district, acting through the general
superintendent, may adopt and enforce rules and regulations
governing the issuance of permits and the method and manner
under which plans, specifications, or other data relative
thereto must be submitted for the sewerage systems or for
additions or changes to or extensions of the systems.
(h) After a hearing on an alleged violation of any such
ordinance, the Board may, in addition to any civil penalty
imposed, order any person found to have committed a violation
to reimburse the sanitary district for the costs of the
hearing, including any expenses incurred for inspection,
sampling, analysis, administrative costs, and court
reporter's and attorney's fees. The Board of Commissioners
may also require a person to achieve compliance with the
ordinance within a specified period of time. The
Administrative Review Law, and the rules adopted under that
Law, shall govern proceedings for the judicial review of
final orders of the Board of Commissioners issued under this
subsection.
(i) Civil penalties and costs imposed pursuant to 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 general superintendent, the person has failed
to comply with an order of the Board of Commissioners or the
relief is necessary to protect the sewerage system of the
sanitary district.
(j) The operation and maintenance of any existing
sanitary sewerage system serving territory that is annexed by
a municipality located in a county with a population of
3,000,000 or more after the effective date of this amendatory
Act of the 92nd General Assembly is the responsibility of the
municipality to which the territory is annexed, unless the
sanitary sewerage system is under the jurisdiction of another
unit of local government other than the District.
(Source: P.A. 90-354, eff. 8-8-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 10, 2001.
Approved August 03, 2001.
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