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Public Act 91-0925

SB1881 Enrolled                                LRB9111146MWgc

    AN ACT concerning sanitary districts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  3.   The Metropolitan Water Reclamation District
Act is amended by changing Section 7a and adding Section  277
as follows:

    (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
    Sec. 7a.  Discharge into sewers of a sanitary district.
    (a)  The  terms  used  in  this  Section  are  defined as
follows:
    "Board of Commissioners" means the Board of Commissioners
of the sanitary district.
    "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.
    "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.
    "General Superintendent" means the general superintendent
of the sanitary district.
    (b)  It shall be unlawful for  any  person  to  discharge
sewage,  industrial  waste, or other wastes into the sewerage
system of a sanitary district or  into  any  sewer  connected
therewith,  except  upon  the  terms  and conditions that the
sanitary  district  might  reasonably  impose   by   way   of
ordinance, permit, or otherwise.
    Any  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
general  superintendent  determines  that  sewage, industrial
wastes,  or  other  wastes  are  being  discharged  into  the
sewerage system and when,  in  the  opinion  of  the  general
superintendent the discharge is in violation of an ordinance,
rules,  or  regulations adopted by the Board of Commissioners
under this  Section  governing  industrial  wastes  or  other
wastes,  the general superintendent 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  general  superintendent
may  order the offending party to show cause before the Board
of Commissioners 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 Commissioners 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 Commissioners 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 Commissioners may
also order the party responsible for the discharge to  pay  a
civil  penalty  in  an  amount  specified  by  the  Board  of
Commissioners that is not less than $100 nor more than $2,000
per day for each day of discharge of effluent in violation of
this  Act  as  provided  in  subsection  (d).   The  Board of
Commissioners may also order the party  responsible  for  the
violation  to  pay  court  reporter costs and hearing officer
fees in a total amount not exceeding $3,000.
    (d)  The   Board   of   Commissioners   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 Commissioners 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  Commissioners shall establish a
    panel of independent  hearing  officers  to  conduct  all
    hearings   on  the  assessment  of  civil  penalties  and
    issuance of orders under  subsection  (c).   The  hearing
    officers  shall  be attorneys licensed to practice law in
    this State.
         (3)  The Board  of  Commissioners  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 Commissioners, notices
    of  hearing  requesting  the  attendance and testimony of
    witnesses and 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 industrial 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  Commissioners  along  with  a  complete
    record of the hearing.
         (7)  The Board of Commissioners 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 Commissioners shall
    remand the matter to  the  hearing  officer  for  further
    proceedings.  If  the  order  is accepted by the Board of
    Commissioners, it shall constitute the final order of the
    Board of Commissioners.
         (8)  (Blank). The Administrative Review Law, and the
    rules  adopted  under  that   Law,   shall   govern   all
    proceedings  for  the  judicial review of final orders of
    the Board of Commissioners issued under this subsection.
         (9)  The civil penalty specified  by  the  Board  of
    Commissioners  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  Commissioners, unless the
    person or persons to  whom  the  order  is  issued  seeks
    judicial review under paragraph (8).
         (10)  If the respondent seeks judicial review of the
    order  assessing  civil  penalties, the respondent 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  district  for that purpose or file a
    bond guaranteeing payment of the civil penalties  if  the
    civil penalties are upheld on review.
         (11)  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  and  not in derogation of any other
    remedy or right of recovery, in law or equity,  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 general superintendent may  order  a  person  to
cease the discharge of industrial waste upon a finding by the
general  superintendent  that the final order of the Board of
Commissioners entered after a hearing to show cause has  been
violated.   The general superintendent 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  general
superintendent  shall  also  schedule  an  expedited  hearing
before   a   hearing  officer  designated  by  the  Board  of
Commissioners for the  purpose  of  determining  whether  the
company  has  violated  the  final  order  of  the  Board  of
Commissioners.   The Board of Commissioners shall adopt rules
of procedure governing expedited hearings.  In no event shall
the hearing be conducted less than 7 days  after  receipt  by
the person of the general superintendent'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
Commissioners.    If   the   Board  of  Commissioners,  after
reviewing the findings and recommendations,  and  the  record
produced  at  the  hearings,  determines  that the person has
violated the Board of Commissioner's final order,  the  Board
of  Commissioners  may  authorize  the plugging of the sewer.
The general superintendent shall give not less than  10  days
written  notice  of  the Board of Commissioner's 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
plugged. The Administrative Review Law, and the rules adopted
under that Law, shall govern all proceedings for the judicial
review  of  final orders of the Board of Commissioners issued
under this subsection.
    The foregoing provision for plugging a sewer shall be  in
addition to and not in derogation of any other remedy, in law
or in equity, that the district may have to prevent violation
of its ordinances and orders of its Board of Commissioners.
    (f)  A  violation  of  the  final  order  of the Board of
Commissioners shall be considered a nuisance.  If any  person
discharges  sewage,  industrial  wastes, or other wastes into
any waters contrary to  the  final  order  of  the  Board  of
Commissioners,  the  sanitary  district  acting  through  the
general superintendent 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  general
superintendent,  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 general superintendent, 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 a Board 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  Commissioners  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,  and  other
expenses  of  litigation  together with 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 Commissioners 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
general  superintendent'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
general superintendent, 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 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)  If  the  provisions of any paragraph of this Section
are  declared  unconstitutional  or  invalid  by  the   final
decision   of   any  court  of  competent  jurisdiction,  the
provisions of the remaining paragraphs continue in effect.
    (k)  Nothing in this Section eliminates any of the powers
now granted to municipalities having a population of  500,000
or more as to design, preparation of plans, and construction,
maintenance, and operation of sewers and sewerage systems, or
for   the  control  and  elimination  or  prevention  of  the
pollution of their  waters  or  waterways,  in  the  Illinois
Municipal Code or any other Act of the State of Illinois.
    (l)  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  Commissioners
in  the  enforcement  of  any  ordinance, rule, or regulation
adopted under this Act.
(Source: P.A. 90-354, eff. 8-8-97.)

    (70 ILCS 2605/277 new)
    Sec. 277.  District enlarged.  Upon the effective date of
this  amendatory  Act  of  the  91st  General  Assembly,  the
corporate  limits  of  the  Metropolitan  Water   Reclamation
District  are  extended  to  include  within those limits the
following described tracts of land that are  annexed  to  the
District:
    (a)  SUBJECT PARCEL:
    THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
    35,  TOWNSHIP  42  NORTH,  RANGE  9,  EAST  OF  THE THIRD
    PRINCIPAL  MERIDIAN,  IN  COOK  COUNTY,  ILLINOIS,   MORE
    PARTICULARLY DESCRIBED AS:
    ORIGINAL PARCEL 1:
    THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
    35,  TOWNSHIP  42  NORTH,  RANGE  9,  EAST  OF  THE THIRD
    PRINCIPAL MERIDIAN, LYING EASTERLY OF THE EASTERLY  RIGHT
    OF WAY LINE OF RELOCATED BARRINGTON ROAD, AS DEDICATED BY
    DOCUMENT  NUMBER  11234368,  AND  LYING SOUTH OF LOT 1 IN
    ROSE PACKING COMPANY SUBDIVISION, BEING A SUBDIVISION  OF
    PART  OF  THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING
    TO THE PLAT THEREOF RECORDED APRIL 1, 1987,  AS  DOCUMENT
    87172901;
               -LESS AND EXCEPTING THEREFROM-
    ANY  PART  THEREOF  PREVIOUSLY  CONVEYED  IN  FEE  TO THE
    ILLINOIS STATE TOLL HIGHWAY COMMISSION BY  WARRANTY  DEED
    RECORDED AS DOCUMENT 16947360;
               -LESS AND EXCEPTING THEREFROM-
    THE  FOLLOWING  PART  THEREOF  TAKEN IN CASE NO 88L51441,
    CIRCUIT COURT  OF  COOK  COUNTY,  DESCRIBED  AS  FOLLOWS:
    COMMENCING  AT  THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4
    OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH
    00 DEGREES 14 MINUTES 15 SECONDS  EAST,  ALONG  THE  EAST
    LINE  OF  SAID SOUTHEAST 1/4, 288.04 FEET TO THE POINT OF
    BEGINNING, BEING ALSO A POINT IN THE NORTHERLY LINE OF  A
    PERPETUAL  EASEMENT  GRANTED  TO  THE ILLINOIS STATE TOLL
    HIGHWAY COMMISSION PER CONVEYANCE RECORDED  FEBRUARY  21,
    1957,  AS  DOCUMENT  16831935; THENCE CONTINUING NORTH 00
    DEGREES 14 MINUTES 15 SECONDS EAST, ALONG SAID EAST LINE,
    371.20 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID  LOT
    1  IN  ROSE  PACKING COMPANY SUBDIVISION; THENCE NORTH 88
    DEGREES 30 MINUTES 52 SECONDS WEST, ALONG THE SOUTH  LINE
    OF  SAID LOT 1, A DISTANCE OF 71.02 FEET; THENCE SOUTH 00
    DEGREES 14 MINUTES 15 SECONDS  WEST,  333.80  FEET  TO  A
    POINT  IN  THE  NORTHERLY  LINE  OF  A PERPETUAL EASEMENT
    GRANTED TO ILLINOIS STATE  TOLL  HIGHWAY  COMMISSION  PER
    CONVEYANCE  RECORDED  JULY 2, 1957, AS DOCUMENT 16947360;
    THENCE SOUTH 57 DEGREES 45 MINUTES 35 SECONDS EAST, ALONG
    SAID NORTHERLY LINE, 63.91 FEET TO AN  INTERSECTION  WITH
    THE  AFOREMENTIONED  PERPETUAL  EASEMENT  LINE,  EXTENDED
    WESTERLY;  THENCE  SOUTH 72 DEGREES 56 MINUTES 57 SECONDS
    EAST, ALONG SAID EXTENDED LINE, 17.55 FEET TO  THE  POINT
    OF BEGINNING;
                       -TOGETHER WITH-
ORIGINAL PARCEL 2:
    THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
    35,  TOWNSHIP  42  NORTH,  RANGE  9,  AND,  DESCRIBED  AS
    FOLLOWS:   COMMENCING  AT  THE  SOUTHEAST  CORNER  OF THE
    SOUTHEAST 1/4 OF SAID SECTION 35, THENCE  ON  AN  ASSUMED
    BEARING  OF  NORTH  00  DEGREES 14 MINUTES 15 SECOND EAST
    ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO
    A POINT IN THE NORTHERLY LINE  OF  A  PERPETUAL  EASEMENT
    GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER
    CONVEYANCE  RECORDED  FEBRUARY  21,  1957 AS DOCUMENT NO.
    16831935; THENCE NORTH 72 DEGREES 56 MINUTES  57  SECONDS
    WEST  ALONG SAID NORTHERLY LINE (EXTENDED WESTERLY) 17.55
    FEET TO AN INTERSECTION WITH  THE  NORTHERLY  LINE  OF  A
    PERPETUAL  EASEMENT  (SINCE  RELEASED  PER QUITCLAIM DEED
    RECORDED APRIL 16, 1996 AS DOCUMENT #  96283771)  GRANTED
    TO   THE  ILLINOIS  STATE  TOLL  HIGHWAY  COMMISSION  PER
    CONVEYANCE  RECORDED  JULY  2,  1957  AS   DOCUMENT   NO.
    16947360;  THENCE  NORTH 57 DEGREES 45 MINUTES 35 SECONDS
    WEST ALONG SAID NORTHERLY LINE, 63.91 FEET TO  THE  POINT
    OF  BEGINNING;  THENCE  CONTINUING  NORTH  57  DEGREES 45
    MINUTES 35 SECONDS WEST ALONG SAID NORTHERLY LINE  387.69
    FEET;  THENCE  CONTINUING  NORTH 78 DEGREES 15 MINUTES 45
    SECONDS WEST ALONG SAID NORTHERLY LINE 430.00 FEET TO THE
    WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957
    AS DOCUMENT #16947360, BEING ALSO A POINT  ON  A  1562.28
    FOOT  RADIUS  CURVE,  THE  CENTER OF CIRCLE OF SAID CURVE
    BEARS SOUTH 75 DEGREES 29 MINUTES 00  SECONDS  EAST  FROM
    SAID POINT; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND
    SAID  CURVE,  100.20  FEET  THROUGH A CENTRAL ANGLE OF 03
    DEGREES 40 MINUTES 29 SECONDS TO THE  SOUTHERLY  LINE  OF
    PERPETUAL  EASEMENT  RECORDED  JULY  2,  1957 AS DOCUMENT
    #16947360; THENCE SOUTH 78 DEGREES 07 MINUTES 48  SECONDS
    EAST  ALONG  SAID  SOUTHERLY  LINE  192.00  FEET;  THENCE
    CONTINUING  SOUTH  68  DEGREES 07 MINUTES 13 SECONDS EAST
    ALONG SAID SOUTHERLY LINE 425.64 FEET; THENCE  CONTINUING
    SOUTH  57  DEGREES  38 MINUTES 13 SECONDS EAST ALONG SAID
    SOUTHERLY LINE 222.02 FEET; THENCE NORTH  00  DEGREES  14
    MINUTES  15  SECONDS  EAST  120.40  FEET  TO THE POINT OF
    BEGINNING;
   EXCEPTION FROM ORIGINAL PARCEL 1 AND ORIGINAL PARCEL 2
    THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
    35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED  AS
    FOLLOWS:   COMMENCING  AT  THE  SOUTHEAST  CORNER  OF THE
    SOUTHEAST 1/4 OF SAID SECTION 35, THENCE  ON  AN  ASSUMED
    BEARING  OF  NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST,
    ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO
    THE SOUTHEAST CORNER OF LOT 1  IN  ROSE  PACKING  COMPANY
    SUBDIVISION  BEING A SUBDIVISION OF PART OF THE SOUTHEAST
    1/4 OF SAID SECTION 35, ACCORDING  TO  THE  PLAT  THEREOF
    RECORDED  APRIL  1,  1987,  AS  DOCUMENT 87172901; THENCE
    NORTH 88 DEGREES 30 MINUTES 56 SECONDS  WEST,  ALONG  THE
    SOUTH  LINE  OF  SAID  LOT 1, 805.52 FEET TO THE WESTERLY
    LINE OF PERPETUAL  EASEMENT  RECORDED  JULY  2,  1957  AS
    DOCUMENT  #16947360, BEING ALSO A POINT ON A 1562.28 FOOT
    RADIUS CURVE; THENCE SOUTHERLY ALONG SAID  WESTERLY  LINE
    AND  SAID  CURVE,  161.08  FEET (CHORD=161.00 FEET, CHORD
    BEARING SOUTH 13 DEGREES 47 MINUTES 57 SECONDS  WEST)  TO
    THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
    1957  AS  DOCUMENT  #16947360; THENCE SOUTH 78 DEGREES 09
    MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE, 192.40
    FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS  EAST
    CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET; THENCE
    SOUTH  57  DEGREES  37 MINUTES 56 SECONDS EAST CONTINUING
    ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN  INTERSECTION
    WITH  A  LINE  BEING  PARALLEL  WITH THE EAST LINE OF THE
    SOUTHEAST 1/4 OF SAID SECTION 35 TO A POINT OF  BEGINNING
    FOR  THIS  LEGAL  DESCRIPTION; THENCE NORTH 00 DEGREES 14
    MINUTES  15  SECONDS  EAST  ALONG  SAID  LAST   DESCRIBED
    PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE
    BEING  PARALLEL  WITH  SAID  SOUTH  LINE OF LOT 1 IN ROSE
    PACKING COMPANY SUBDIVISION; THENCE SOUTH 88  DEGREES  30
    MINUTES  56  SECONDS EAST, 139.03 FEET TO AN INTERSECTION
    WITH THE WESTERLY LINE  OF  RELOCATED  CENTRAL  ROAD  PER
    CONDEMNATION CASE NO 88L51440; THENCE SOUTH 00 DEGREES 14
    MINUTES   15  SECONDS  WEST  ALONG  SAID  LAST  DESCRIBED
    WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86  FEET  TO
    THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
    1957  AS  DOCUMENT  #16947360; THENCE NORTH 57 DEGREES 37
    MINUTES  56  SECONDS  WEST  ALONG  SAID  LAST   DESCRIBED
    SOUTHERLY  LINE OF PERPETUAL EASEMENT, 164.14 FEET TO THE
    POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
ALSO KNOWN AS:
    THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
    35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED  AS
    FOLLOWS:  COMMENCING  AT  THE  SOUTHEAST  CORNER  OF  THE
    SOUTHEAST  1/4  OF  SAID SECTION 35; THENCE ON AN ASSUMED
    BEARING OF NORTH 00 DEGREES 14 MINUTES 15  SECONDS  EAST,
    ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO
    THE  SOUTHEAST  CORNER  OF  LOT 1 IN ROSE PACKING COMPANY
    SUBDIVISION BEING A SUBDIVISION OF PART OF THE  SOUTHEAST
    1/4  OF  SAID  SECTION  35, ACCORDING TO THE PLAT THEREOF
    RECORDED APRIL 1,  1987,  AS  DOCUMENT  87172901;  THENCE
    NORTH  88  DEGREES  30 MINUTES 56 SECONDS WEST, ALONG THE
    SOUTH LINE OF SAID LOT 1, A DISTANCE OF 71.02 FEET TO THE
    POINT OF BEGINNING FOR  THIS  LEGAL  DESCRIPTION;  THENCE
    NORTH  88  DEGREES  30 MINUTES 56 SECONDS WEST CONTINUING
    ALONG THE SOUTH LINE OF SAID LOT 1, 734.50  FEET  TO  THE
    WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957
    AS  DOCUMENT  #16947360,  BEING ALSO A POINT ON A 1562.28
    FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG  SAID  WESTERLY
    LINE  AND  SAID  CURVE,  161.08  FEET (CHORD=161.00 FEET,
    CHORD BEARING SOUTH 13  DEGREES  47  MINUTES  51  SECONDS
    WEST)   TO  THE  SOUTHERLY  LINE  OF  PERPETUAL  EASEMENT
    RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH
    78  DEGREES  09  MINUTES  21  SECONDS  EAST  ALONG   SAID
    SOUTHERLY  LINE,  192.40 FEET; THENCE SOUTH 68 DEGREES 07
    MINUTES 07 SECONDS EAST CONTINUING ALONG  SAID  SOUTHERLY
    LINE,  425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56
    SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE,  57.88
    FEET  TO  AN INTERSECTION WITH A LINE BEING PARALLEL WITH
    THE EAST LINE OF THE SOUTHEAST 1/4 OF  SAID  SECTION  35;
    THENCE  NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG
    SAID LAST DESCRIBED PARALLEL  LINE,  297.59  FEET  TO  AN
    INTERSECTION  WITH  A LINE BEING PARALLEL WITH SAID SOUTH
    LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE
    SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03  FEET
    TO  AN  INTERSECTION  WITH THE WESTERLY LINE OF RELOCATED
    CENTRAL ROAD PER CONDEMNATION CASE NO.  88L51440;  THENCE
    NORTH  00  DEGREES  14 MINUTES 15 SECONDS EAST ALONG SAID
    LAST DESCRIBED WESTERLY LINE OF RELOCATED  CENTRAL  ROAD,
    72.44  FEET  TO  THE  POINT OF BEGINNING, IN COOK COUNTY,
    ILLINOIS.
    (b)  THAT PART OF THE EAST 1/2 OF THE  SOUTHEAST  1/4  OF
    SECTION  35,  TOWNSHIP  42  NORTH,  RANGE  9, BOUNDED AND
    DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST  CORNER
    OF  THE  SOUTHEAST  1/4  OF SAID SECTION 35; THENCE ON AN
    ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS
    EAST, ALONG THE EAST LINE OF SAID SOUTHEAST  1/4,  660.00
    FEET  TO  THE  SOUTHEAST  CORNER OF LOT 1 IN ROSE PACKING
    COMPANY SUBDIVISION, BEING A SUBDIVISION OF PART  OF  THE
    SOUTHEAST  1/4  OF SAID SECTION 35, ACCORDING TO THE PLAT
    THEREOF  RECORDED  APRIL  1,  1987  AS  DOCUMENT   NUMBER
    87172901;  THENCE  NORTH 88 DEGREES 30 MINUTES 56 SECONDS
    WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 805.52 FEET  TO
    THE  WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
    1957 AS DOCUMENT NUMBER 16947360, BEING ALSO A POINT ON A
    1562.28 FOOT RADIUS CURVE; THENCE  SOUTHERLY  ALONG  SAID
    WESTERLY  LINE  AND SAID CURVE, 161.08 FEET (CHORD=161.00
    FEET, CHORD  BEARING  SOUTH  13  DEGREES  47  MINUTES  51
    SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT
    RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE
    SOUTH  78  DEGREES  09 MINUTES 21 SECONDS EAST ALONG SAID
    SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68  DEGREES  07
    MINUTES  07  SECONDS EAST CONTINUING ALONG SAID SOUTHERLY
    LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES  56
    SECONDS  EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88
    FEET TO AN INTERSECTION WITH A LINE BEING  PARALLEL  WITH
    THE  EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35 TO
    A POINT OF BEGINNING FOR THIS LEGAL  DESCRIPTION;  THENCE
    NORTH  00  DEGREES  14 MINUTES 15 SECONDS EAST ALONG SAID
    LAST  DESCRIBED  PARALLEL  LINE,  297.59   FEET   TO   AN
    INTERSECTION  WITH  A LINE BEING PARALLEL WITH SAID SOUTH
    LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE
    SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03  FEET
    TO  AN  INTERSECTION  WITH THE WESTERLY LINE OF RELOCATED
    CENTRAL ROAD PER CONDEMNATION CASE NO.  88L51440;  THENCE
    SOUTH  00  DEGREES  14 MINUTES 15 SECONDS WEST ALONG SAID
    LAST DESCRIBED WESTERLY LINE OF RELOCATED  CENTRAL  ROAD,
    381.86  FEET  TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT
    RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE
    NORTH 57 DEGREES 37 MINUTES 56 SECONDS  WEST  ALONG  SAID
    LAST  DESCRIBED  SOUTHERLY  LINE  OF  PERPETUAL EASEMENT,
    164.14 FEET TO THE POINT OF BEGINNING,  IN  COOK  COUNTY,
    ILLINOIS.

    Section  5.  The Sanitary District Act of 1936 is amended
by changing Section 1 as follows:

    (70 ILCS 2805/1) (from Ch. 42, par. 412)
    Sec. 1.  Incorporation; referendum.
    (a)  Any area of contiguous territory within  the  limits
of  a  single  county  and  without  the  limits of any city,
village  or  incorporated  town  may  be  incorporated  as  a
sanitary district under this Act in the  manner  provided  in
this Section. Any 2 areas that (i) are not contiguous to each
other,  but  each  of which is contiguous by itself, and (ii)
are less than 1 mile apart from each  other,  and  (iii)  are
within  the  limits of a single county and without the limits
of any city,  village,  or  incorporated  town  may  also  be
incorporated  as  a  sanitary  district under this Act in the
manner provided for in this Section.
    (b)  Any 20% of the  legal  voters  residing  within  the
limits  of  the  proposed  sanitary district may petition the
Circuit Court in the county in which the proposed district is
situated, to cause to be submitted to the legal voters of the
proposed  sanitary  district  the  question  of  whether  the
proposed territory shall be organized as a sanitary  district
under  this  Act.   The  petition  shall  be addressed to the
Circuit Court and shall contain a definite description of the
boundaries of the territory to be embraced  in  the  district
and the name of the proposed sanitary district.
    (c)  Upon  filing  of  the  petition in the office of the
circuit clerk in the county in which  the  proposed  sanitary
district  is  situated, the Circuit Court shall name 3 judges
of the court who shall constitute a board  of  commissioners,
which   shall  have  power  and  authority  to  consider  the
boundaries of the proposed sanitary district and whether  the
boundaries   shall   be  as  described  in  the  petition  or
otherwise.  The decision of 2 of the commissioners  shall  be
conclusive  and shall not be subject to review in any manner,
directly or indirectly.
    (d)  Notice shall be given by the Circuit  Court  of  the
time  and  place  where  the  commissioners  will  meet, by a
publication of notice at least 20 days prior to  the  meeting
in  one  or  more daily or weekly newspapers published in the
proposed district or, if no such newspaper  is  published  in
the  proposed  district,  then  by  the posting of at least 5
copies of the notice in the proposed  district  at  least  20
days before the hearing.
    (e)  At  the  meeting  all  persons  who  reside  in  the
proposed  district  shall have an opportunity to be heard and
to make suggestions regarding the location  and  boundary  of
the  proposed  district.   The  commissioners,  after hearing
statements, evidence and suggestions, shall fix and determine
the boundaries of the proposed district, and for that purpose
and to that extent they may alter  and  amend  the  petition.
After  the  determination by the commissioners, or a majority
of them, their determination  shall  be  incorporated  in  an
order, which shall be entered of record in the Circuit Court.
    (f)  Upon  the  entering  of the order, the Circuit Court
shall  certify  the  question   of   the   organization   and
establishment  of  the  proposed  sanitary district, with the
boundaries  as  determined  by  the  commissioners,  to   the
appropriate   election   authorities  who  shall  submit  the
question at  an  election  in  accordance  with  the  general
election law.  In addition to the requirements of the general
election law, notice shall specify briefly the purpose of the
election,   with  a  description  of  the  proposed  sanitary
district.
    (g)  Each  legal  voter  resident  within  the   proposed
sanitary  district  shall  have the right to cast a ballot at
the referendum.  The question shall be in  substantially  the
following form:
-------------------------------------------------------------
    For Sanitary District
-------------------------------------------------------------
    Against Sanitary District
-------------------------------------------------------------
    (h)  The  Circuit  Court  shall  cause a statement of the
result of the referendum to  be  entered  of  record  in  the
Circuit  Court.   If  a  majority  of the votes cast upon the
question  of  the  organization  and  establishment  of   the
proposed   sanitary   district  shall  be  in  favor  of  the
organization  and  establishment  of  the  proposed  sanitary
district, the proposed sanitary district shall thenceforth be
deemed to have been  incorporated  and  to  be  an  organized
sanitary district under this Act.
(Source: P.A. 90-655, eff. 7-30-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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