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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-15007
(55 ILCS 5/5-15007) (from Ch. 34, par. 5-15007)
Sec. 5-15007.
General powers of county board.
In order to effect
the protection, reclamation or irrigation of the land and other property in
the county, and to protect the quality of the
environment and the quality of life from the adverse effects caused by the
improper storage, treatment or disposal of waste, and to accomplish all
other purposes of the county, the county board is authorized and empowered
to clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, water course, pond, lake, creek
or natural stream in the county; to fill up any abandoned or altered ditch,
drain, sewer, river, water course, pond, lake, creek or natural stream, and
to concentrate, divert or divide the flow of water in the county; to
construct and maintain main and lateral ditches, sewers, canals, levees,
dikes, dams, sluices, revetments, reservoirs, holding basins, floodways,
pumping stations and siphons, and any other works and improvement deemed
necessary to construct, preserve, operate or maintain the works or the
waste management systems in the county; to
construct or enlarge or cause to be constructed or enlarged any and all
bridges that may be needed in the county, to construct or elevate roadways
and streets; to construct any and all of said works and improvements
across, through or over any public highway, canal, railroad right of way,
track, grade, fill or cut, in the county; to remove or change the location
of any fence, building, railroad, canal, or other improvements in the
county; and shall have the right to hold, encumber, control, to acquire by
donation, purchase or condemnation, to construct, own, lease, use and sell
real and personal property, and any easement, riparian right, railroad
right of way, canal, cemetery, sluice, reservoir, holding basin, mill dam,
water power, wharf or franchise in the county for right of way, holding
basin or for any necessary purpose, or for material to be used in
constructing and maintaining said works and improvements, to replat or
subdivide land, open new roads, streets and alleys, or change the course of
an existing one.
The board shall have the power to produce, pump and sell waters so
collected and impounded to public or private users and may use such means
as are reasonably necessary in connection with such service.
The board shall also have the power to produce and sell any product
resulting from the storage, treatment and disposal of waste including but
not limited to the generation of steam, hot water, and electricity by
combustion, refuse-derived fuel (RDF), and any recycled or reused materials
withdrawn from a wastestream by the activities of the county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15008
(55 ILCS 5/5-15008) (from Ch. 34, par. 5-15008)
Sec. 5-15008.
Flow of streams and rivers.
The county board shall
supervise, regulate and control the flow within the boundaries of the county
of the waters of any river, stream or water course over and through any and
all dams and other obstructions, if any, now or hereafter existing or
constructed in, upon or along any such river, stream or water course; provided
however, that nothing in this Section contained shall empower any county to
abridge or in any manner curtail any vested water power rights or other rights.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15009
(55 ILCS 5/5-15009) (from Ch. 34, par. 5-15009)
Sec. 5-15009. Acquisition of lands and construction of
facilities. The county board shall have the power to
acquire land for any and all of the purposes herein specified by this
Division, and adopt and enforce ordinances for the
necessary protection of sources of water supply and shall also have power
to build dams and reservoirs for the storage of water, sink wells,
establish intakes and water gathering stations, build water purification
works, pumping stations, conduits, pipe lines, regulating works and all
appurtenances required for the production, development and delivery of
adequate, pure and wholesome water supplies into the distribution systems
of incorporated cities and villages and corporations and individuals in
unincorporated areas and is further empowered to build, operate and
maintain such works when and where necessary and to sell water to said
incorporated cities and villages and said corporations and individuals not
in incorporated cities and villages, by meter measurements and at rates
that will at least defray all fixed, maintenance and operating charges.
Profits may be used for the extension and improvements of the water works
system but not for any other function enumerated herein.
For the purpose of acquiring, constructing, extending or improving any
waterworks system, sewerage system or combined waterworks and sewerage
system, or for waste management, under this Division, or any property
necessary or appropriate therefor, any county has the right of eminent
domain within such county as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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55 ILCS 5/5-15010
(55 ILCS 5/5-15010) (from Ch. 34, par. 5-15010)
Sec. 5-15010.
Disposal of sewage, refuse and wastes; service
contracts. The county board shall have authority to control and regulate
the disposal of sewage, refuse, and any other wastes from any premises
within the borders of the county, except with respect to waste management in a
municipality that has severed itself from county jurisdiction under Section
5-15006, and to this end may adopt suitable ordinances.
An owner of property (i) who is denied a permit for an individual
sewerage disposal system and (ii) who on or after January 1, 1976, had been
granted permission for an individual sewerage disposal system by the
issuance of a permit, letter, or other written approval, whether expressed
or implied, by an appropriate governmental entity with jurisdiction for
individual sewerage disposal systems may reapply for a permit and be
reviewed and the permit issued using the standards in effect at the time
the original permission was given.
For the purpose of controlling and regulating the disposal of wastes
throughout the county, the county board may appoint a county solid waste
committee to develop and implement a solid waste management plan. The
committee shall be composed of members of the county board and
representatives of the municipalities throughout the county.
The county solid waste committee shall adopt by-laws,
by a majority vote of the county and municipal members, to govern the
functions of the committee and its subcommittees. Any
resolution establishing a county solid waste committee or any amendment
to that resolution shall be adopted by 2/3 of the county
board members present and voting at the session in which the resolution is
considered. This Section shall apply to any resolution establishing a solid
waste committee approved any time after March 1, 1987.
The county is authorized to prepare a solid waste management plan,
as that term is described by the Local Solid Waste Disposal Act. After the
preparation of the plan, the county board shall hold hearings on the plan and
shall afford interested persons an opportunity to be heard. The hearing shall
be held in the county seat. Notice of any hearing shall be published at least
15 days in advance of the hearing in a newspaper of general circulation
published in the county. The notice shall state the time and place of the
hearing and the place where copies of the proposed plan will be accessible for
examination by interested parties. Within 30 days after the hearing the county
board may approve the plan.
The county board is further authorized to adopt any procedures necessary
to implement the plan and provide by ordinance, license, contract, or
other means that the methods of disposal of solid waste shall be the
exclusive methods of disposal to be allowed anywhere within the borders of
the county, notwithstanding the fact that competition may be displaced or
that the ordinance, license, contract, or other measure may have an
anti-competitive effect. Notwithstanding the granted authority, the
county shall not have the authority to control or regulate the collection
of waste within the corporate boundaries of any municipality.
The county is authorized to construct or purchase and operate a
waterworks system, a sewerage system, a combined waterworks and
sewerage system, or a waste management system to improve or
extend any such system so acquired from
time to time, as provided in this Division. The county may furnish water,
sewerage service, combined water and sewerage service, or waste
management service to individuals, municipal corporations, or other
corporations, and may impose and collect charges or rates for furnishing
water, sewerage service, combined water and sewerage service, or waste
management service, as provided in this Division. Any county that owns and
operates or may hereafter own and operate a waterworks system, a
sewerage system, a combined waterworks and sewerage system, or a waste
management system may enter into and perform contracts, whether long-term
or short-term, with any municipal, public utility, or other corporation or
any person or firm for the furnishing by the county of water, sewerage
service, combined water and sewerage service, or waste management service.
The contracts may provide for periodic payments to the
county of a share of the amounts necessary to pay or provide for the
expenses of operation and maintenance of the waterworks system, sewerage
system, combined waterworks and sewerage system, or waste
management system (including insurance), to pay the principal of and
interest on any revenue bonds issued under this Division, to provide an
adequate depreciation fund as provided in this Division, and to maintain other
reserves and sinking funds as may be deemed necessary or desirable by the
county for the payment of the bonds or the extension or improvement of the
waterworks properties, sewerage facilities, combined waterworks and sewerage
system, or waste management system, as the case may be. Any
county may also enter into and perform contracts, whether long-term or
short-term, with any such corporation, person, or firm for the leasing,
management, or operation of a waterworks system, a sewerage system, a
combined waterworks and sewerage system, or a waste management system.
(Source: P.A. 86-962; 86-1191; 87-1049.)
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