Public Act 93-0500

HB3231 Enrolled                      LRB093 07787 BDD 07976 b

    AN ACT concerning sanitation.

    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
changing Sections 11-141-7 and 11-141-16 as follows:

    (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
    Sec. 11-141-7.  Powers.  The corporate authorities of any
municipality that owns and operates or that may hereafter own
and operate a sewerage system constructed or  acquired  under
the  provisions of any law of this state may make, enact, and
enforce all needful rules, regulations,  and  ordinances  for
the  improvement, care, and protection of its sewerage system
and any other sewer or sewerage system, located  outside  the
corporate  boundary  of the municipality and not owned by it,
that directly or indirectly connects with the  municipality's
sewerage  system,  which may be conducive to the preservation
of the public  health,  comfort,  and  convenience,  and  may
render  the  sewage  carried  in  the  sewerage system of the
municipality harmless in so far as it is reasonably  possible
to do so.
    The  corporate authorities of such a municipality may, by
ordinance, charge the inhabitants thereof  for  the  use  and
service  of its sewerage system whether by direct or indirect
connection  therewith  within  or   without   the   corporate
boundary, and to establish charges or rates for that purpose.
The  corporate  authorities  of  such  a  municipality may by
ordinance charge the users thereof, whether they be inside of
or outside of the municipality, for the use  and  service  of
its  sewerage system whether by direct or indirect connection
therewith, within or without the corporate boundary, and  may
establish charges or rates for that purpose, provided however
that  where  such users are residents of another municipality
with whom there is a contract for  use  and  service  of  the
sewerage  system, then such charges or rates shall be made in
accordance with the terms of the contract, either directly to
the users or  to  the  contracting  municipality  as  may  be
provided  by  the  provisions of the contract. In making such
rates and charges the municipality may provide for a rate  to
the  outside  users  in  excess  of  the  rate  fixed for the
inhabitants of said municipality as may be reasonable.  Where
bonds  are  issued  as  provided  in  Sections  11-141-2  and
11-141-3,  the corporate authorities shall establish rates or
charges as provided in this section,  and  these  charges  or
rates  shall  be  sufficient  at all times to pay the cost of
operation   and   maintenance,   to   provide   an   adequate
depreciation fund, and to pay the principal of  and  interest
upon  all  revenue  bonds  issued under Sections 11-141-2 and
11-141-3.
    A depreciation fund is a fund for  such  replacements  as
may  be  necessary  from  time  to  time  for  the  continued
effective   and   efficient  operation  of  the  system.  The
depreciation fund shall not be allowed to accumulate beyond a
reasonable amount necessary for that purpose, and  shall  not
be used for extensions to the system.
    Charges  or  rates  shall  be  established,  revised, and
maintained by ordinance and become payable as  the  corporate
authorities may determine by ordinance.
    Such charges or rates are liens upon the real estate upon
or  for  which  sewerage  service  is  supplied  whenever the
charges  or  rates  become  delinquent  as  provided  by  the
ordinance of the municipality fixing a  delinquency  date.  A
lien  is  created  under  the  preceding sentence only if the
municipality sends to the  owner  or  owners  of  record,  as
referenced  by  the  taxpayer's identification number, of the
real estate (i) a copy of each delinquency notice sent to the
person who is delinquent in paying the charges  or  rates  or
other  notice  sufficient  to  inform  the owner or owners of
record,  as  referenced  by  the  taxpayer's   identification
number,  that the charges or rates have become delinquent and
(ii) a notice that unpaid charges or rates may create a  lien
on   the   real  estate  under  this  Section.  However,  the
municipality  has  no  preference  over  the  rights  of  any
purchaser, mortgagee, judgment creditor, or other lien holder
arising prior to the filing of the notice of such a  lien  in
the  office  of the recorder of the county in which such real
estate is located, or in  the  office  of  the  registrar  of
titles  of such county if the property affected is registered
under "An Act concerning land titles", approved May 1,  1897,
as  amended.  This  notice shall consist of a sworn statement
setting out (1) a description of such real estate  sufficient
for  the  identification thereof, (2) the amount of money due
for such sewerage service, and (3) the date when such  amount
became  delinquent. The municipality shall send a copy of the
notice of the lien to the owner or owners of  record  of  the
real  estate,  as referenced by the taxpayer's identification
number. The municipality has the power to foreclose this lien
in the same manner  and  with  the  same  effect  as  in  the
foreclosure of mortgages on real estate.
    Except in counties with a population of more than 250,000
where the majority of the municipal sewerage system users are
located  outside  of the municipality's corporate limits, the
payment of delinquent charges for  sewerage  service  to  any
premises  may  be  enforced by discontinuing either the water
service or the sewerage service to that premises, or both.  A
rate  or  charge  is  delinquent  if  it is more than 30 days
overdue.  Any public or municipal  corporation  or  political
subdivision  of  the  State  furnishing  water  service  to a
premises (i) shall discontinue that  service  upon  receiving
written  notice  from  the  municipality  providing  sewerage
service  that  payment  of  the  rate  or charge for sewerage
service to the premises has become delinquent and (ii)  shall
not  resume  water  service  until receiving a similar notice
that the  delinquency  has  been  removed.  The  provider  of
sewerage  service  shall not request discontinuation of water
service before sending a notice of  the  delinquency  to  the
sewer user and affording the user an opportunity to be heard.
An  investor-owned  public  utility  providing  water service
within a municipality  that  provides  sewerage  service  may
contract  with  the municipality to discontinue water service
to a premises with respect to which the payment of a rate  or
charge  for  sewerage  service  has  become  delinquent.  The
municipality  shall  reimburse  the  privately  owned  public
utility,  public  or  municipal  corporation,  or   political
subdivision  of  the  State  for  the  reasonable cost of the
discontinuance and the resumption of water service, any  lost
water  service revenues, and the costs of discontinuing water
service. The municipality shall indemnify the privately owned
public utility, public or municipal corporation, or political
subdivision  of  the  State  for  any  judgment  and  related
attorney's  fees  resulting  from  an  action  based  on  any
provision of this paragraph.
    The municipality also has the power, from time  to  time,
to  sue  the  occupant or user of that real estate in a civil
action to recover money due for  sewerage  services,  plus  a
reasonable attorney's fee, to be fixed by the court. However,
whenever  a  judgment  is entered in such a civil action, the
foregoing provisions in this section with respect  to  filing
sworn  statements  of such delinquencies in the office of the
recorder and creating a lien against the  real  estate  shall
not  be  effective  as  to  the charges sued upon and no lien
shall exist  thereafter  against  the  real  estate  for  the
delinquency.  Judgment  in  such a civil action operates as a
release and waiver of the lien upon the real estate  for  the
amount of the judgment.
(Source: P.A. 87-1197.)

    (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
    Sec.  11-141-16.  Powers;  particular locality.  If after
the  public  hearing  the  corporate   authorities   of   the
municipality   adopt   a   resolution  to  proceed  with  the
construction or acquisition of  the  project,  the  corporate
authorities  may  make  and  enforce  all  needful  rules and
regulations in connection with the construction, acquisition,
improvement,  or  extension,  and  with  the  management  and
maintenance of the project to be constructed or acquired. The
corporate authorities also may establish the rate  or  charge
to  each  user  of  the  sewerage  system  or  improvement or
extension at a rate which  will  be  sufficient  to  pay  the
principal  and  interest of any bonds, issued to pay the cost
thereof,  maintenance,   and   operation   of   the   system,
improvement,   or  extension  and  may  provide  an  adequate
depreciation  fund  therefor.  Charges  or  rates  shall   be
established,  revised, and maintained by ordinance and become
payable  as  the  corporate  authorities  may  determine   by
ordinance.  Such  charges  or  rates  are liens upon the real
estate  upon  or  for  which  sewerage  service  is  supplied
whenever the charges or rates become delinquent  as  provided
by  the  ordinance  of  the municipality fixing a delinquency
date. A lien is created under the preceding sentence only  if
the  municipality  sends  to the owner or owners of record of
the  real   estate,   as   referenced   by   the   taxpayer's
identification  number, (i) a copy of each delinquency notice
sent to the person who is delinquent in paying the charges or
rates or other notice  sufficient  to  inform  the  owner  or
owners   of   record,   as   referenced   by  the  taxpayer's
identification number, that the charges or rates have  become
delinquent and (ii) a notice that unpaid charges or rates may
create a lien on the real estate under this Section. However,
the  municipality  has  no  preference over the rights of any
purchaser, mortgagee, judgment creditor, or other lien holder
arising prior to the filing of the notice of such a  lien  in
the  office  of the recorder of the county in which such real
estate is located or in the office of the registrar of titles
of such county if the property affected is  registered  under
"An  Act  concerning  land  titles", approved May 1, 1897, as
amended. This notice  shall  consist  of  a  sworn  statement
setting  out (1) a description of such real estate sufficient
for the identification thereof, (2) the amount of  money  due
for  such sewerage service, and (3) the date when such amount
became delinquent, (4) the owner of record of  the  premises.
The  municipality shall send a copy of the notice of the lien
to the owner or owners of  record  of  the  real  estate,  as
referenced  by  the  taxpayer's  identification  number.  The
municipality  may  foreclose this lien in the same manner and
with the same effect as in the foreclosure  of  mortgages  on
real estate.
    Except in counties with a population of more than 250,000
where the majority of the municipal sewerage system users are
located  outside  of the municipality's corporate limits, the
payment of delinquent charges for  sewerage  service  to  any
premises  may  be  enforced by discontinuing either the water
service or the sewerage service to that premises, or both.  A
rate  or  charge  is  delinquent  if  it is more than 30 days
overdue.  Any public or municipal  corporation  or  political
subdivision  of  the  State  furnishing  water  service  to a
premises (i) shall discontinue that  service  upon  receiving
written  notice  from  the  municipality  providing  sewerage
service  that  payment  of  the  rate  or charge for sewerage
service to the premises has become delinquent and (ii)  shall
not  resume  water  service  until receiving a similar notice
that the  delinquency  has  been  removed.  The  provider  of
sewerage  service  shall not request discontinuation of water
service before sending a notice of  the  delinquency  to  the
sewer user and affording the user an opportunity to be heard.
An  investor-owned  public  utility  providing  water service
within a municipality  that  provides  sewerage  service  may
contract  with  the municipality to discontinue water service
to a premises with respect to which the payment of a rate  or
charge  for  sewerage  service  has  become  delinquent.  The
municipality  shall  reimburse  the  privately  owned  public
utility,  public  or  municipal  corporation,  or   political
subdivision  of  the  State  for  the  reasonable cost of the
discontinuance and the resumption of water service, any  lost
water  service revenues, and the costs of discontinuing water
service. The municipality shall indemnify the privately owned
public utility, public or municipal corporation, or political
subdivision  of  the  State  for  any  judgment  and  related
attorney's  fees  resulting  from  an  action  based  on  any
provision of this paragraph.
    The municipality also may, from time  to  time,  sue  the
occupant  or  user  of  the  real estate in a civil action to
recover  the  money  due  for  sewerage  services,   plus   a
reasonable attorney's fee, to be fixed by the court. However,
whenever  a  judgment  is entered in such a civil action, the
foregoing provision in this section with  respect  to  filing
sworn  statements  of such delinquencies in the office of the
recorder and creating a lien against the  real  estate  shall
not  be  effective  as  to  the charges sued upon and no lien
shall exist thereafter  against  the  real  estate  for  that
delinquency.  Judgment  in  such a civil action operates as a
release and waiver of the lien upon the real estate  for  the
amount  of  the judgment. The charge provided in this section
to be made against each user of an improvement  or  extension
shall be in addition to the charge, if any, made of all users
of  the  system  under  Section  11-141-7  and  shall be kept
separate and distinct therefrom.
    This amendatory Act  of  1975  is  not  a  limit  on  any
municipality which is a home rule unit.
(Source: P.A. 87-1197.)

    Section  10.  The  Sanitary  District Revenue Bond Act is
amended by changing Section 7 as follows:

    (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
    Sec. 7. The board of trustees of  any  sanitary  district
that  owns and operates or that may hereafter own and operate
a  sewerage  system  constructed  or   acquired   under   the
provisions  of  any  law of this State has the power to make,
enact, and enforce all needful rules and regulations  in  the
construction,     acquisition,     improvement,    extension,
management, and maintenance of its sewerage  system  and  for
the  use  thereof.  The  board of trustees of such a sanitary
district also has the power to make, enact, and  enforce  all
needful   rules,   regulations,   and   ordinances   for  the
improvement, care, and protection  of  its  sewerage  system,
which  may  be  conducive  to  the preservation of the public
health, comfort, and convenience, and to render the sewage of
the sanitary district harmless in so far as it is  reasonably
possible to do so.
    The board of trustees of such a sanitary district has the
power,  by  ordinance,  to charge the inhabitants thereof for
the use and service of its sewerage system and  to  establish
charges  or rates for that purpose. Where bonds are issued as
provided in Sections 2 and  3  of  this  Act,  the  board  of
trustees shall establish rates or charges as provided in this
section,  and  these  charges or rates shall be sufficient at
all times to pay the cost of operation  and  maintenance,  to
provide  an  adequate  depreciation  fund,  and  to  pay  the
principal of and interest upon all revenue bonds issued under
Sections 2 and 3 hereof.
    A  depreciation  fund  is a fund for such replacements as
may  be  necessary  from  time  to  time  for  the  continued
effective  and  efficient  operation  of  the   system.   The
depreciation fund shall not be allowed to accumulate beyond a
reasonable  amount  necessary for that purpose, and shall not
be used for extensions to the system.
    Charges or  rates  shall  be  established,  revised,  and
maintained  by  ordinance  and become payable as the board of
trustees may determine by ordinance. Such  charges  or  rates
shall  be  liens  upon  the  real  estate  upon  or for which
sewerage service is supplied; provided, however,  such  liens
shall  not  attach  to such real estate until such charges or
rates have become delinquent as provided by the ordinance  of
the  sanitary  district  fixing a delinquency date. A lien is
created under the preceding sentence  only  if  the  sanitary
district  sends  to the owner or owners of record of the real
estate,  as  referenced  by  the  taxpayer's   identification
number,  (i)  a  copy  of each delinquency notice sent to the
person who is delinquent in paying the charges  or  rates  or
other  notice  sufficient  to  inform  the owner or owners of
record,  as  referenced  by  the  taxpayer's   identification
number,  that the charges or rates have become delinquent and
(ii) a notice that unpaid charges or rates may create a  lien
on  the  real  estate  under  this  Section.  Nothing in this
Section shall be construed to give the  sanitary  district  a
preference  over  the  rights  of  any  purchaser, mortgagee,
judgment creditor or other lien holder arising prior  to  the
filing  in  the office of the recorder of the county in which
such real  estate  is  located,  or  in  the  office  of  the
registrar  of  titles of such county if the property affected
is registered under the Torrens System,  of  notice  of  said
lien.   The notice shall consist of a sworn statement setting
out (1) a description of the real estate sufficient  for  the
identification  thereof,  upon  or  for  which  the  sewerage
service  was supplied, (2) the amount or amounts of money due
for such sewerage service, and (3) the  date  or  dates  when
such  amount  or  amounts  became  delinquent.  The  sanitary
district  shall  send a copy of the notice of the lien to the
owner or owners of record of the real estate,  as  referenced
by   the   taxpayer's  identification  number.  The  sanitary
district shall have the power to foreclose such lien in  like
manner  and  with  like  effect  as  in  the  foreclosure  of
mortgages on real estate.
    The payment of delinquent charges for sewerage service to
any  premises  may  be  enforced  by discontinuing either the
water service or the sewerage service to  that  premises,  or
both.   A  rate or charge is delinquent if it is more than 30
days  overdue.   Any  public  or  municipal  corporation   or
political  subdivision  of the State furnishing water service
to  a  premises  (i)  shall  discontinue  that  service  upon
receiving written notice from the sanitary district in  which
the  premises  lies  that  payment  of the rate or charge for
sewerage service to the premises has  become  delinquent  and
(ii) shall not resume water service until receiving a similar
notice that the delinquency has been removed. The provider of
sewerage  service  shall not request discontinuation of water
service before sending a notice of  the  delinquency  to  the
sewer user and affording the user an opportunity to be heard.
The sanitary district shall reimburse the public or municipal
corporation  or  political  subdivision  of the State for the
reasonable cost of the discontinuance and the  resumption  of
water  service.   The sanitary district may contract with any
privately owned public  utility  for  the  discontinuance  of
water service to a premises with respect to which the payment
of   a  rate  or  charge  for  sewerage  service  has  become
delinquent. The sanitary district shall reimburse  the  water
service  provider for any lost water service revenues and the
costs of discontinuing water service, and shall indemnify the
water  service  provider  for  any   judgment   and   related
attorney's  fees  resulting  from  an  action  based  on  any
provision of this paragraph.
    The  sanitary  district  also has the power, from time to
time, to sue the owner, occupant or user of that real estate,
or a person receiving any direct  or  indirect  benefit  from
such  services,  in  a  civil action to recover money due for
sewerage services, plus a reasonable attorney's  fee,  to  be
fixed  by  the  court;  provided,  however, that the sanitary
district shall give notice of its  intention  to  bring  such
action to the owner of record by regular mail not less than 7
days prior to filing such civil action.
    Judgment  in  a  civil  action  brought  by  the sanitary
district to recover or collect such charges shall not operate
as a release or waiver of the lien upon the real  estate  for
the  amount  of  the  judgment.   Only  satisfaction  of  the
judgment  or the filing of a release and satisfaction of lien
shall release said lien.  The lien for charges on account  of
services  or  benefits  provided  for in this Section and the
rights created hereunder shall be in addition to and  not  in
derogation  of  the  lien  upon  real  estate  created by and
imposed for general real estate taxes.
(Source: P.A. 87-1197.)