(70 ILCS 3720/0.01)
Service to areas with contaminated or tainted water.
(a) Notwithstanding the terms of a water supply contract existing on the
effective date of this amendatory Act of the 93rd General Assembly, a
municipality with a water supply contract with a county water commission must
provide water to territories outside that municipality, provided that the
to be served currently receives well water that
The home county board must find that the water supply in such territory is
contaminated such that the health of persons served in that territory is likely
to be adversely affected now or in the future.
The county water commission shall determine which municipality in the home
county is most
supplying water to the territory with the contaminated wells within 30 days of
a county board finding that there is a tainted or contaminated water supply.
The municipality shall provide access to water for such
territory no later than 90 days after the county water commission has
resolution that the municipality is the most appropriate municipality for
providing access to water for the territory. "Access to water" includes access
through the municipal main, but the municipality need not otherwise provide
infrastructure to deliver water from the municipal main. The municipality may
water to such territory at a rate higher than the rate charged to municipal
customers, in accordance with existing law.
(b) Unless otherwise provided by law, property in unincorporated territory
receiving water pursuant to subsection (a) of this Section
shall not be annexed without consent of the
owner of the property. A municipality's furnishing water pursuant to
subsection (a) of this Section
may not be conditioned on an agreement to annex. "Owner" for the
purpose of this subsection is any person or persons in title, or in the case of
property owned in trust, having the beneficial ownership of such property, who
owned the property on the date water is first so received pursuant to
subsection (a) of this Section.
Upon transfer of ownership of such property, the municipality may annex it by
(c) This amendatory Act of the 93rd General Assembly is a
subsection (i) of Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions exercised by the
(Source: P.A. 93-226, eff. 7-22-03.)