| |
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 5/5-15004
(55 ILCS 5/5-15004) (from Ch. 34, par. 5-15004)
Sec. 5-15004.
Review by Northeastern Illinois Metropolitan Area
Planning Commission. Whenever any project contemplated under this
Division involves territory within the jurisdiction of the Northeastern
Illinois Metropolitan Area Planning Commission the plans for such project
shall be submitted to such Commission and to the regional planning commission
of the county in which located for their review and recommendations as to
its compliance with the plans of the respective planning agencies.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-15005
(55 ILCS 5/5-15005) (from Ch. 34, par. 5-15005)
Sec. 5-15005.
Tax levy.
In order to effectuate the purposes of
this Division, any such county may levy annually, in excess of
any other limit prescribed by law, a tax of not to exceed .02% of the
value, as equalized or assessed by the Department of Revenue, on all
taxable property in such county, such tax to be levied and collected in
like manner with the general taxes of such county, and when collected shall
be paid into a special fund in the county treasury.
This tax shall not be levied in any county until the question of its
adoption is submitted to the electors thereof and approved by a majority
of those voting on the question. This question may be submitted at any election
held in the county after the adoption of a resolution by the county board
providing for the submission of the question of the adoption hereof to
the electors of the county. The county board shall certify the resolution
and proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the levy of
such tax, it may thereafter be levied in such county for each succeeding year.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-15006
(55 ILCS 5/5-15006) (from Ch. 34, par. 5-15006)
Sec. 5-15006.
Exercise of powers.
The powers
granted in this Division relative to waterworks systems
and sewerage systems shall be exercised only in
areas which do not have available similar services provided by another
governmental unit, unless requested by such governmental unit pursuant
to an ordinance or a resolution passed by its governing body. After such
ordinance or resolution has been adopted it shall be published at least
once in a newspaper having a general circulation in such governmental
unit. The publication of the ordinance or resolution shall be accompanied
by a notice of the (1) specific number of voters required to sign a petition
requesting the question of the exercise of such powers by the county within
such governmental unit to be submitted to the electors; (2) the time in
which such petition must be filed; and (3) the date of the prospective
referendum. The clerk of the governmental unit shall provide a petition
form to any individual requesting one.
If no petition is filed with the clerk of such governmental unit, as
hereinafter provided in this section, within 15 days after the
publication of the ordinance or resolution, the ordinance or resolution
shall be in effect after the expiration of that 15-day period, but if
within that 15-day period a petition is filed with the clerk of the
governmental unit, signed by 300 legal voters or by one fifth of all the
legal voters residing within the limits of the governmental unit,
whichever is less, asking that the question of the exercise of such
powers by the county within such governmental unit, as provided in the
ordinance or resolution, be submitted to the legal voters of the
governmental unit, the governing body of the governmental unit, by
ordinance, shall provide for a referendum within such governmental unit
on the question of the exercise of such powers therein by the county.
The clerk shall certify the ordinance or resolution and the question to
the proper election officials who shall submit the proposition at an election
in accordance with the general election law.
However, an incidental duplication of functions shall not impair or
prevent the primary exercise of the powers herein conferred.
Any county exercising the powers granted by this Division relative to waste
management, shall do so only after adopting a solid waste management
plan as that term is described in the Local Solid Waste Disposal Act, as
now or hereafter amended. All powers, other than those relative to water
works systems and sewerage systems granted by this Division, may be
exercised throughout the county, without exception; provided that a
municipality which is located in 2 or more counties, one of which is a home
rule county, may, by ordinance, sever itself from county jurisdiction
relative to waste management if the municipality is a member of a Municipal
Joint Action Agency formed prior to June 15, 1988 pursuant to Section 3.2
of the Intergovernmental Cooperation Act.
(Source: P.A. 86-962.)
|
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.)
|
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.)
|
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.)
|
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.)
|
55 ILCS 5/5-15011
(55 ILCS 5/5-15011) (from Ch. 34, par. 5-15011)
Sec. 5-15011.
Construction and maintenance of sewers.
Every
such county is authorized to construct, maintain, alter and
extend its sewers, pipelines, channels, ditches and drains along, upon,
under and across any highway, street, alley or public ground in the State
as a proper use of highways, but so as not to incommode the public use
thereof, and the right and authority are granted to any such county to
construct, maintain and operate any conduits, mainpipe or pipes, wholly or
partially submerged, buried, or otherwise, in, upon and along any of the
lands owned by the State and under any of the public waters therein;
provided, that the extent and location of the lands and waters so to be
used and appropriated shall be approved in writing by the appropriate
State agency: And provided further, that the
rights, permission and authority hereby granted shall be subject to all
public rights of commerce and navigation, and to the authority of the
United States in behalf of such public rights and also to the right of the
State to regulate and control fishing in the public waters.
(Source: P.A. 92-85, eff. 7-12-01.)
|
55 ILCS 5/5-15012
(55 ILCS 5/5-15012) (from Ch. 34, par. 5-15012)
Sec. 5-15012.
Contracts with federal agencies.
Whenever
there shall be located within any such county, any United States
military post, reservation or station, or any naval station, or
other federal enclave, the county board is authorized to enter
into contracts or agreements with the appropriate authorities
of the United States, permitting either party to the contract
to connect with and use any conduits, channels, pipes or
facilities, and to use any other structures or work installed
by the other party to the contract.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-15013
(55 ILCS 5/5-15013) (from Ch. 34, par. 5-15013)
Sec. 5-15013.
Approval of plans as prerequisite to commencement of
works. Before any work is commenced under the provisions of this Division
the plans therefor shall be submitted to, and approved by the Department of
Natural Resources and by the Environmental Protection
Agency of the State of Illinois, or by any other designated reviewing State
agency.
(Source: P.A. 89-445, eff. 2-7-96.)
|
55 ILCS 5/5-15014
(55 ILCS 5/5-15014) (from Ch. 34, par. 5-15014)
Sec. 5-15014.
Flood control.
The county board may cooperate and enter
into agreements with the proper agencies of the United States Government,
municipal corporations of this State, political subdivisions and persons
and associations, for the formulation of plans, and for the construction of
any and all improvements for the control of destructive floods, and for the
conservation, regulation, development and utilization of water, waterways
and water resources, or other purposes of this Division. Such
agreements may assign to the several cooperating agencies particular
projects or portions of projects for the purposes herein stated and may
provide for joint understandings for said purposes and for contribution to
execute any works agreed upon with any other of the above mentioned
agencies in the State of Illinois to carry out the provisions of this
Division.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-15015
(55 ILCS 5/5-15015) (from Ch. 34, par. 5-15015)
Sec. 5-15015.
Pollution of streams.
The county board shall have
authority to prevent pollution of any stream or any other body of water
within the county and to cause any and all parties, persons, firms and
corporations to cease any and all pollution of any such streams or body of
water within such county; provided that the authority of the Pollution
Control Board of the State of Illinois shall not be superseded.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-15016
(55 ILCS 5/5-15016) (from Ch. 34, par. 5-15016)
Sec. 5-15016.
Groundwater protection.
The county board of any county
which is served by a community water supply well may perform a groundwater
protection needs assessment, and may by ordinance adopt a minimum or
maximum setback zone around a wellhead pursuant to Sections 14.2, 14.3,
14.4 and 17.1 of the Environmental Protection Act.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-15017
(55 ILCS 5/5-15017) (from Ch. 34, par. 5-15017)
Sec. 5-15017.
Revenue bonds.
In order to pay the cost of the
construction, acquisition by condemnation, purchase or otherwise of any
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the
improvement or extension from time to time thereof, including engineering,
inspection, legal and financial fees and costs, working capital, interest
on such bonds during construction and for a reasonable period thereafter,
establishment of reserves to secure such bonds and all other expenditures
of such county incidental and necessary or convenient thereto, the county
board may issue and sell revenue bonds payable solely from the income and
revenue derived from the operation of the waterworks properties, or sewage
facilities, or a combination thereof, or waste management facilities,
as the case may be, and may also from
time to time issue revenue bonds for the purpose of paying, refunding
or redeeming revenue bonds before, after or at their maturity, including
paying redemption premiums or interest accruing or to accrue on the bonds
being paid or redeemed or for paying any other costs in connection with
any such payment or redemption. All such bonds shall be authorized by
ordinance to be adopted by the board, which shall be separate and distinct
as applies to waterworks properties and as applied to sewage facilities
except where the system is combined. Such bonds shall bear such date or
dates, mature at such time or serially at such times not exceeding 40 years
from their respective dates, may bear interest at such rate or rates not
exceeding the maximum rate established in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as from time to time in effect, may be in
such form, may carry such registration privileges, may be executed in such
manner, may be payable at such place or places, may be subject to
redemption in such manner, and upon such terms with or without premium as
is stated on the face thereof, and may be executed in such manner by such
officers, and may contain such terms and covenants, all as provided by the
ordinance authorizing the issue.
Such bonds shall be sold in such manner as the board shall determine,
and if issued to bear interest at the maximum rate specified in this
Section shall be sold for not less than par and accrued interest; however,
the selling price of any bonds bearing less than such maximum rate,
shall be such that the interest cost of the money received from the sale of
the bonds shall not exceed such maximum rate, computed to absolute
maturity, according to standard tables of bond values.
Notwithstanding the form or tenor thereof, and in the absence of
expressed recitals on the face thereof that the bonds are non-negotiable,
all such bonds shall be negotiable instruments.
To secure payment of any and all such bonds such ordinance shall set
forth the covenants and undertakings of the county in connection with the
issuance thereof, and the issuance of additional bonds payable from the
revenues or income to be derived from the operation of the waterworks
properties or sewage facilities, or waste management facilities, as the
case may be, as well as the use and operation thereof, and for the use and
disposition for waterworks, and sewerage, and waste management purposes of
investment earnings on funds and accounts created with respect to the revenue bonds.
In case any officer whose signature appears on the bond or coupons
attached thereto shall cease to be such officer before the delivery of the
bonds to the purchaser, such signature shall nevertheless be valid and
sufficient for all purposes to the same effect as if he had remained in
office until the delivery of the bonds.
Under no circumstances shall any bonds issued or any other obligation,
except as set forth in Section 5-15003, incurred
pursuant to the provisions of this Division be or become an
indebtedness or an obligation of the county payable from taxes and shall
not in any event constitute an indebtedness of such county within the
meaning of the constitutional provisions or limitations, and such fact
shall be plainly stated on the face of each bond.
(Source: P.A. 86-962.)
|
|
|
|