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92nd General Assembly

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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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