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Public Act 100-0031


 

Public Act 0031 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0031
 
HB3010 EnrolledLRB100 09263 AWJ 19420 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 Water Reclamation District Act
is amended by changing Sections 3, 7, 7.7, and 28 as follows:
 
    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
    Sec. 3. Election of trustees; terms. The corporate
authority of the North Shore Water Reclamation 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.
    All trustees elected from 1994 through 2011 shall assume
office on the first Monday in December following the general
election. 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 be randomly divided
into 2 groups, one of which shall consist of 3 wards and the
other shall consist of 2 wards. A random process shall again be
used to determine which trustees from one group shall serve
terms of 4 years, 4 years and 2 years; and which 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
$250,000.00, 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 of an individual of
the same political party as that of the trustee who vacated the
seat 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. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
 
    (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 treatment 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 treatment works or plants for the
separation and treatment 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 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, barium,
cadmium, mercury, selenium, silver, 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. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
 
    (70 ILCS 2305/7.7)
    Sec. 7.7. Discharge into sewers of the sanitary district.
    (a) As used in this Section:
    "Executive director" means the executive director of the
sanitary district.
    "Industrial wastes" means all solids, liquids, or gaseous
wastes resulting from any commercial, industrial,
manufacturing, agricultural, trade, or business operation or
process, or from the development, recovery, or processing of
natural resources.
    "Other wastes" means decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
and all other substances except sewage and industrial wastes.
    "Person" means any individual, firm, association, joint
venture, sole proprietorship, company, partnership, estate
copartnership, corporation, joint stock company, trust, school
district, unit of local government, or private corporation
organized or existing under the laws of this or any other state
or country.
    "Sewage" means water-carried human wastes or a combination
of water-carried wastes from residences, buildings,
businesses, industrial establishments, institutions, or other
places together with any ground, surface, storm, or other water
that may be present.
    (b) It shall be unlawful for any person to discharge
effluent, gaseous wastes, sewage, industrial wastes waste, or
other wastes into the sewerage system of the sanitary district
or into any sewer tributary therewith, except upon the terms
and conditions that the sanitary district might reasonably
impose by way of ordinance, permit, rule, or regulation.
    The sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
or as authorized by subsections (b) and (c) of Section 46 of
the Environmental Protection Act, is hereby empowered to pass
all ordinances, rules, or regulations necessary to implement
this Section, including, but not limited to, the imposition of
charges based on factors that influence the cost of treatment,
including strength and volume, and including the right of
access during reasonable hours to the premises of a person for
enforcement of adopted ordinances, rules, or regulations.
    (c) Whenever the sanitary district, acting through the
executive director, determines that effluent, gaseous wastes,
sewage, industrial wastes, or other wastes are being discharged
into the sewerage system and when, in the opinion of the
executive director, the discharge is in violation of an
ordinance, rules, or regulations adopted by the board of
trustees under this Section governing the discharge industrial
wastes or other wastes, the executive director shall order the
offending party to cease and desist. The order shall be served
by certified mail or personally on the owner, officer,
registered agent, or individual designated by permit.
    In the event the offending party fails or refuses to
discontinue the discharge within 90 days after notification of
the cease and desist order, the executive director may order
the offending party to show cause before the board of trustees
of the sanitary district why the discharge should not be
discontinued. A notice shall be served on the offending party
directing him, her, or it to show cause before the board of
trustees why an order should not be entered directing the
discontinuance of the discharge. The notice shall specify the
time and place where a hearing will be held and shall be served
personally or by registered or certified mail at least 10 days
before the hearing; and, in the case of a unit of local
government or a corporation, the service shall be upon an
officer or agent thereof. After reviewing the evidence, the
board of trustees may issue an order to the party responsible
for the discharge, directing that within a specified period of
time the discharge be discontinued. The board of trustees may
also order the party responsible for the discharge to pay a
civil penalty in an amount specified by the board of trustees
that is not less than $1,000 nor more than $2,000 per day for
each day of discharge of effluent, gaseous wastes, sewage,
industrial wastes, or other wastes in violation of this Act as
provided in subsection (d). The board of trustees may also
order the party responsible for the violation to pay court
reporter costs and hearing officer fees in an amount not
exceeding $3,000.
    (d) The board of trustees shall establish procedures for
assessing civil penalties and issuing orders under subsection
(c) as follows:
        (1) In making its orders and determinations, the board
    of trustees shall take into consideration all the facts and
    circumstances bearing on the activities involved and the
    assessment of civil penalties as shown by the record
    produced at the hearing.
        (2) The board of trustees shall establish a panel of
    one or more independent hearing officers to conduct all
    hearings on the assessment of civil penalties and issuance
    of orders under subsection (c). All hearing officers shall
    be attorneys licensed to practice law in this State.
        (3) The board of trustees shall promulgate procedural
    rules governing the proceedings, the assessment of civil
    penalties, and the issuance of orders.
        (4) All hearings shall be on the record, and testimony
    taken must be under oath and recorded stenographically.
    Transcripts so recorded must be made available to any
    member of the public or any party to the hearing upon
    payment of the usual charges for transcripts. At the
    hearing, the hearing officer may issue, in the name of the
    board of trustees, notices of hearing requesting the
    attendance and testimony of witnesses, the production of
    evidence relevant to any matter involved in the hearing,
    and may examine witnesses.
        (5) The hearing officer shall conduct a full and
    impartial hearing on the record, with an opportunity for
    the presentation of evidence and cross-examination of the
    witnesses. The hearing officer shall issue findings of
    fact, conclusions of law, a recommended civil penalty, and
    an order based solely on the record. The hearing officer
    may also recommend, as part of the order, that the
    discharge of effluent, gaseous wastes, sewage, industrial
    wastes, or other wastes waste be discontinued within a
    specified time.
        (6) The findings of fact, conclusions of law,
    recommended civil penalty, and order shall be transmitted
    to the board of trustees along with a complete record of
    the hearing.
        (7) The board of trustees shall either approve or
    disapprove the findings of fact, conclusions of law,
    recommended civil penalty, and order. If the findings of
    fact, conclusions of law, recommended civil penalty, or
    order are rejected, the board of trustees shall remand the
    matter to the hearing officer for further proceedings. If
    the order is accepted by the board of trustees, it shall
    constitute the final order of the board of trustees.
        (8) The civil penalty specified by the board of
    trustees shall be paid within 35 days after the party on
    whom it is imposed receives a written copy of the order of
    the board of trustees, unless the person or persons to whom
    the order is issued seeks judicial review.
        (9) If a person seeks judicial review of the order
    assessing civil penalties, the person shall, within 35 days
    after the date of the final order, pay the amount of the
    civil penalties into an escrow account maintained by the
    sanitary district for that purpose or file a bond
    guaranteeing payment of the civil penalties if the civil
    penalties are upheld on review.
        (10) Civil penalties not paid by the times specified
    above shall be delinquent and subject to a lien recorded
    against the property of the person ordered to pay the
    penalty. The foregoing provisions for asserting liens
    against real estate by the sanitary district shall be in
    addition to any other remedy or right of recovery that the
    sanitary district may have with respect to the collection
    or recovery of penalties and charges imposed by the
    sanitary district. Judgment in a civil action brought by
    the sanitary district to recover or collect the charges
    shall not operate as a release and 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 or
    satisfaction of lien shall release the lien.
    (e) The executive director may order a person to cease the
discharge of effluent, gaseous wastes, sewage, industrial
wastes, or other wastes waste upon a finding by the executive
director that the final order of the board of trustees entered
after a hearing to show cause has been violated. The executive
director shall serve the person with a copy of his or her order
either by certified mail or personally by serving the owner,
officer, registered agent, or individual designated by permit.
The order of the executive director shall also schedule an
expedited hearing before a hearing officer designated by the
board of trustees for the purpose of determining whether the
person has violated the final order of the board of trustees.
The board of trustees shall adopt rules of procedure governing
expedited hearings. In no event shall the hearing be conducted
less than 7 days after service of the executive director's
order.
    At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with his or her findings and
recommendations and transmit it to the board of trustees. If
the board of trustees, after reviewing the findings and
recommendations, and the record produced at the hearing,
determines that the person has violated the board of trustees'
final order, the board of trustees may authorize the
disconnection plugging of the sewer or direct the water
supplier to terminate service. The executive director shall
give not less than 10 days' written notice of the board of
trustees' order to the owner, officer, registered agent, or
individual designated by permit, as well as the owner of record
of the real estate and other parties known to be affected, that
the sewer will be disconnected or water service will be
terminated plugged.
    The foregoing provision for disconnecting plugging a sewer
or terminating water service shall be in addition to any other
remedy that the sanitary district may have to prevent violation
of its ordinances and orders of its board of trustees.
    (f) A violation of the final order of the board of trustees
shall be considered a nuisance. If any person discharges
effluent, gaseous wastes, sewage, industrial wastes, or other
wastes into any waters contrary to the final order of the board
of trustees, the sanitary district, acting through the
executive director, has the power to commence an action or
proceeding in the circuit court in and for the county in which
the sanitary district is located for the purpose of having the
discharge stopped either by mandamus or injunction, or to
remedy the violation in any manner provided for in this
Section.
    The court shall specify a time, not exceeding 20 days after
the service of the copy of the complaint, in which the party
complained of must plead to the complaint, and in the meantime,
the party may be restrained. In case of default or after
pleading, the court shall immediately inquire into the facts
and circumstances of the case and enter an appropriate judgment
in respect to the matters complained of. Appeals may be taken
as in other civil cases.
    (g) The sanitary district, acting through the executive
director, has the power to commence an action or proceeding for
mandamus or injunction in the circuit court ordering a person
to cease its discharge, when, in the opinion of the executive
director, the person's discharge presents an imminent danger to
the public health, welfare, or safety; presents or may present
an endangerment to the environment; or threatens to interfere
with the operation of the sewerage system or a water
reclamation plant under the jurisdiction of the sanitary
district. The initiation of a show cause hearing is not a
prerequisite to the commencement by the sanitary district of an
action or proceeding for mandamus or injunction in the circuit
court. The court shall specify a time, not exceeding 20 days
after the service of a copy of the petition, in which the party
complained of must answer the petition, and in the meantime,
the party may be restrained. In case of default in answer or
after answer, the court shall immediately inquire into the
facts and circumstances of the case and enter an appropriate
judgment order in respect to the matters complained of. An
appeal may be taken from the final judgment in the same manner
and with the same effect as appeals are taken from judgment of
the circuit court in other actions for mandamus or injunction.
    (h) Whenever the sanitary district commences an action
under subsection (f) of this Section, the court shall assess a
civil penalty of not less than $1,000 nor more than $10,000 for
each day the person violates the board of trustees' order.
Whenever the sanitary district commences an action under
subsection (g) of this Section, the court shall assess a civil
penalty of not less than $1,000 nor more than $10,000 for each
day the person violates the ordinance. Each day's continuance
of the violation is a separate offense. The penalties provided
in this Section plus interest at the rate set forth in the
Interest Act on unpaid penalties, costs, and fees, imposed by
the board of trustees under subsection (d); the reasonable
costs to the sanitary district of removal or other remedial
action caused by discharges in violation of this Act;
reasonable attorney's fees; court costs; other expenses of
litigation; and costs for inspection, sampling, analysis, and
administration related to the enforcement action against the
offending party are recoverable by the sanitary district in a
civil action.
    (i) The board of trustees may establish fees for late
filing of reports with the sanitary district required by an
ordinance governing discharges. The sanitary district shall
provide by certified mail a written notice of the fee
assessment that states the person has 30 days after the receipt
of the notice to request a conference with the executive
director's designee to discuss or dispute the appropriateness
of the assessed fee. Unless a person objects to paying the fee
for filing a report late by timely requesting in writing a
conference with a designee of the executive director, that
person waives his or her right to a conference and the sanitary
district may impose a lien recorded against the property of the
person for the amount of the unpaid fee.
    If a person requests a conference and the matter is not
resolved at the conference, the person subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
person's liability for and the amount of the fee. If the
hearing officer finds that the late filing fees are owed to the
sanitary district, the sanitary district shall notify the
responsible person or persons of the hearing officer's
decision. If payment is not made within 30 days after the
notice, the sanitary district may impose a lien on the property
of the person or persons.
    Any liens filed under this subsection shall apply only to
the property to which the late filing fees are related. A claim
for lien shall be filed in the office of the recorder of the
county in which the property is located. The filing of a claim
for lien by the sanitary district does not prevent the sanitary
district from pursuing other means for collecting late filing
fees. If a claim for lien is filed, the sanitary district shall
notify the person whose property is subject to the lien, and
the person may challenge the lien by filing an action in the
circuit court. The action shall be filed within 90 days after
the person receives the notice of the filing of the claim for
lien. The court shall hear evidence concerning the underlying
reasons for the lien only if an administrative hearing has not
been held under this subsection.
    (j) To be effective service under this Section, a demand or
order sent by certified or registered mail to the last known
address need not be received by the offending party. Service of
the demand or order by registered or certified mail shall be
deemed effective upon deposit in the United States mail with
proper postage prepaid and addressed as provided in this
Section.
    (k) The provisions of the Administrative Review Law and all
amendments and rules adopted pursuant to that Law apply to and
govern all proceedings for the judicial review of final
administrative decisions of the board of trustees in the
enforcement of any ordinance, rule, or regulation adopted under
this Act. The cost of preparing the record on appeal shall be
paid by the person seeking a review of an order or action
pursuant to the Administrative Review Law.
    (l) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 99-669, eff. 7-29-16.)
 
    (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 or the territory is non-contiguous and
    the owner or owners of record have entered into an
    agreement requesting the annexation of the non-contiguous
    territory; 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. The ordinance annexing non-contiguous territory
shall designate the ward to which the land shall be assigned. 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. 97-500, eff. 8-23-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2017