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Public Act 097-0500


 

Public Act 0500 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0500
 
HB0248 EnrolledLRB097 05468 RLJ 45527 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The North Shore Sanitary District Act is amended
by changing Sections 3, 7, and 28 and by adding Section 30 as
follows:
 
    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
    Sec. 3. Election of trustees; terms. The corporate
authority of the North Shore Sanitary District shall consist of
5 trustees.
    Within 20 days after the adoption of the Act, as provided
in Section 1, the county governing body shall proceed to divide
the sanitary district into 5 wards for the purpose of electing
trustees. One trustee shall be elected for each ward on the
date of the next regular county election. In each sanitary
district organized pursuant to the provisions of this Act prior
to the effective date of this amendatory Act of 1975, one
trustee shall be elected for each ward on the date of the
regular county election in the year 1976. However, the
population in no one ward shall be less than 1/6 of the
population of the whole district and the territory in each of
the wards shall be composed of contiguous territory in as
compact form as practicable. A portion of each ward shall abut
the west shore of Lake Michigan and the boundaries of the
respective wards shall coincide with precinct boundaries and
the boundaries of existing municipalities as nearly as
practicable. In the year 1981, and every 10 years thereafter,
the sanitary district board of trustees shall reapportion the
district, so that the respective wards shall conform as nearly
as practicable with the above requirements as to population,
shape and territory.
    The trustees shall hold office respectively for 4 years
from the first Monday of May after their election and until
their successors are appointed and qualified, except that the
term of office of 2 of the trustees first elected shall be for
2 years. Which of the trustees first elected shall serve a term
of 2 years shall be determined by lot at their first meeting.
Notwithstanding the foregoing provisions, all
    All trustees elected from in 1994 through 2011 or
thereafter shall assume office on the first Monday in December
following the general election instead of the first Monday in
May of the following year. All trustees elected in 2012 or
thereafter shall assume office on the second Wednesday in
December following the general election.
    In the year 1982, and every 10 years thereafter, following
each decennial Federal census, all 5 trustees shall be elected.
Immediately following each decennial redistricting, the
sanitary district board of trustees shall divide the wards into
2 groups, one of which shall consist of 3 wards and the other
shall consist of 2 wards. Trustees from one group shall serve
terms of 4 years, 4 years and 2 years; and trustees from the
other group shall serve terms of 2 years, 4 years and 4 years.
    Each of the trustees, upon entering the duties of their
respective offices, shall execute a bond with security, in the
amount and form to be approved by the corporate authorities,
payable to the district, in the penal sum of not less than
$10,000.00, as directed by resolution or ordinance,
conditioned upon the faithful performance of the duties of the
office. Each bond shall be filed with and preserved by the
board secretary.
    When a vacancy exists in the office of trustees of any
sanitary district organized under the provisions of this Act,
the vacancy shall be filled by appointment by the president of
the sanitary district board of trustees, with the advice and
consent of the sanitary district board of trustees, until the
next regular election at which trustees of the sanitary
district are elected, and shall be made a matter of record in
the office of the county clerk in the county in which the
district is located.
    A majority of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day to day. No
trustee or employee of the district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by the district; nor in the
purchase of any real estate or other property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district. The
trustees have the power to provide and adopt a corporate seal
for the district.
(Source: P.A. 95-607, eff. 9-11-07.)
 
    (70 ILCS 2305/7)  (from Ch. 42, par. 283)
    Sec. 7. Powers of the board of trustees. The board of
trustees of any sanitary district organized under this Act may
provide for the disposal of the sewage thereof and save and
preserve the water supplied to the inhabitants of such district
from contamination. For that purpose the board may construct
and maintain an enclosed conduit or conduits, main pipes,
wholly or partially submerged, buried or otherwise, and by
means of pumps or otherwise cause such sewage to flow or to be
forced through such conduit or conduits, pipe or pipes to and
into any ditch or canal constructed and operated by any other
sanitary district, after having first acquired the right so to
do. Such board may provide for the drainage of such district by
laying out, establishing, constructing and maintaining one or
more channels, drains, ditches and outlets for carrying off and
disposing of the drainage (including the sewage) of such
district, together with such adjuncts and additions thereto as
may be necessary or proper to cause such channels or outlets to
accomplish the end for which they are designed, in a
satisfactory manner, including pumps and pumping stations and
the operation of the same. Such board shall provide suitable
and modernly equipped sewage disposal works or plants for the
separation and disposal of all solids and deleterious matter
from the liquids, and shall treat and purify the residue of
such sewage so that when it flows into any lake, it will not
injuriously contaminate the waters thereof. The board shall
adopt any feasible method to accomplish the object for which
such sanitary district may be created, and may also provide
means whereby the sanitary district may reach and procure
supplies of water for diluting and flushing purposes. The board
of trustees of any sanitary district formed under this Act may
also enter into an agreement to sell, convey, or disburse
treated wastewater to any public or private entity located
within or outside of the boundaries of the sanitary district.
Any use of treated wastewater by any public or private entity
shall be subject to the orders of the Pollution Control Board.
The agreement may not exceed 20 years.
    Nothing set forth in this Section However, nothing herein
contained may be construed to empower, authorize or require
such board of trustees to operate a system of water works for
the purpose of furnishing or delivering water to any such
municipality or to the inhabitants thereof without payment
therefor at such rates as the board may determine. Nothing in
this Act shall require a sanitary district to extend service to
any individual residence or other building within the district,
and it is the intent of the Illinois General Assembly that any
construction contemplated by this Section shall be restricted
to construction of works and main or interceptor sewers,
conduits, channels and similar facilities, but not individual
service lines. Nothing in this Act contained authorizes the
trustees to flow the sewage of such district into Lake
Michigan. Any such plan for sewage disposal by any sanitary
district organized hereunder is prohibited, unless such sewage
has been treated and purified as provided in this Section, all
laws of the Federal government relating to the pollution of
navigable waters have been complied with, the approval of plans
and constructions of outlets and connection with any of the
streams or navigable bodies of water within or bordering upon
the State has been obtained from the Department of Natural
Resources of the State. The discharge of any sewage from any
such district into any of the streams or navigable bodies of
water within or bordering upon the State is subject to the
orders of the Pollution Control Board. Nothing in this Act
contained may be construed as superseding or in any manner
limiting the provisions of the Environmental Protection Act.
    After the construction of such sewage disposal plant, if
the board finds that it will promote the prevention of
pollution of waters of the State, such board of trustees may
adopt ordinances or rules and regulations, prohibiting or
regulating the discharge to sewers of inadmissible wastes or
substances toxic to biological wastewater treatment processes.
Inadmissible wastes include those which create a fire or
explosion hazard in the sewer or treatment works; those which
will impair the hydraulic capacity of sewer systems; and those
which in any quantity, create a hazard to people, sewer
systems, treatment processes, or receiving waters. Substances
that may be toxic to wastewater treatment processes include
copper, chromium, lead, zinc, arsenic and nickel and any
poisonous compounds such as cyanide or radioactive wastes which
pass through wastewater treatment plants in hazardous
concentrations and menace users of the receiving waters. Such
ordinances or rules and regulations shall be effective
throughout the sanitary district, in the incorporated areas as
well as the unincorporated areas and all public sewers therein.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (70 ILCS 2305/28)  (from Ch. 42, par. 296.8)
    Sec. 28. Annexation of contiguous territory. The board of
trustees of any sanitary district may annex any territory which
is not within the corporate limits of the sanitary district,
provided:
        (a) The territory is contiguous to the annexing
    sanitary district; and
        (b) The territory is served by the sanitary district or
    by a municipality with sanitary sewers that are connected
    and served by the sanitary district.
    The annexation shall be accomplished only by ordinance and
the ordinance shall include a description of the annexed
territory. A copy of the ordinance and a map of the annexed
territory certified as true and accurate by the clerk of the
annexing sanitary district shall be filed with the county clerk
of the county in which the annexed territory is located. The
new boundary shall extend to the far side of any adjacent
highway and shall include all of every highway within the area
annexed. These highways shall be considered to be annexed even
though not included in the legal description set forth in the
annexation ordinance.
    The territory to be annexed to the sanitary district shall
be considered to be contiguous to the sanitary district
notwithstanding that the territory to be annexed is divided by,
or that the territory to be annexed is separated from the
sanitary district by, one or more railroad rights-of-ways,
public easements, or properties owned by a public utility, a
forest preserve district, a public agency, or a not-for-profit
corporation.
(Source: P.A. 86-1191.)
 
    (70 ILCS 2305/30 new)
    Sec. 30. Claims for compensation. No claim for compensation
shall be made or action for damages filed against a sanitary
district formed under this Act on account of any damage to
property occurring on or after January 1, 2012, unless notice
in writing is filed with the secretary of the sanitary
district's board of trustees within 6 months after the
occurrence of the damage setting forth the following
information: (i) the name and residence address of the owner of
the property damaged, (ii) the property's location, and (iii)
the probable extent of the damage sustained.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011