HB4492 EngrossedLRB099 15785 AWJ 40092 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Special Assessment Supplemental Bond and
5Procedures Act is amended by changing Section 10 as follows:
 
6    (50 ILCS 460/10)
7    Sec. 10. Definitions. As used in this Act, unless the
8context or usage clearly indicates otherwise:
9    "Governing body" means the legislative body, council,
10board, commission, trustees, or any other body by whatever name
11it is known having charge of the corporate affairs of a
12governmental unit.
13    "Governmental unit" means a county, township,
14municipality, municipal corporation, unit of local government,
15or a special district, by whatever name known, authorized by
16any special assessment law to make local improvements by
17special assessment.
18    "Special assessment bond" means any instrument evidencing
19the obligation to pay money authorized or issued by or on
20behalf of a governmental unit under a special assessment law or
21under this Act, being payable from assessments made under a
22special assessment law, and when applicable, as supplemented by
23this Act.

 

 

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1    "Special assessment law" means any law of the State of
2Illinois authorizing governmental units to make local
3improvements payable wholly or in part by special assessment,
4and includes, without limitation, Division 2 of Article 9 of
5the Illinois Municipal Code, Division 5-32 of Article 5 of the
6Counties Code, Section 21 of the North Shore Water Reclamation
7Sanitary District Act, Section 19 of the Sanitary District Act
8of 1917, Sections 22a.1 through 22a.55 of the Sanitary District
9Act of 1917, and Section 28 of the Sanitary District Act of
101936.
11    "Special assessment proceeding" means the proceeding by
12any governmental unit under a special assessment law to provide
13for the making of a specific local improvement by special
14assessment.
15    "Special assessment ordinance" means an ordinance, or when
16applicable a resolution, as provided for by any special
17assessment law by which the governing body institutes, calls
18for, or provides for the making of a local improvement to be
19paid by the imposition of a special assessment pursuant to such
20special assessment law.
21    "Supplemental Act Assessment Bonds" are those special
22assessment bonds issued under Section 100 of this Act.
23    "Voucher" means any voucher issued under a special
24assessment law for work done in connection with the making of a
25local improvement.
26(Source: P.A. 90-480, eff. 8-17-97.)
 

 

 

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1    Section 10. The North Shore Sanitary District Act is
2amended by changing Sections 0.1, 3, 4, and 11 and by adding
3Sections 0.5, 7.6, 7.7, 18.5, and 31 as follows:
 
4    (70 ILCS 2305/0.1)  (from Ch. 42, par. 276.99)
5    Sec. 0.1. This Act shall be known and may be cited as the
6"North Shore Water Reclamation Sanitary District Act".
7(Source: P.A. 77-699.)
 
8    (70 ILCS 2305/0.5 new)
9    Sec. 0.5. Sanitary district references. On and after the
10date the sanitary district renames itself under Section 4 of
11this Act, any references to "sanitary district" in this Act
12shall mean "water reclamation district".
 
13    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
14    Sec. 3. Election of trustees; terms. The corporate
15authority of the North Shore Water Reclamation Sanitary
16District shall consist of 5 trustees.
17    Within 20 days after the adoption of the Act, as provided
18in Section 1, the county governing body shall proceed to divide
19the sanitary district into 5 wards for the purpose of electing
20trustees. One trustee shall be elected for each ward on the
21date of the next regular county election. In each sanitary
22district organized pursuant to the provisions of this Act prior

 

 

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1to the effective date of this amendatory Act of 1975, one
2trustee shall be elected for each ward on the date of the
3regular county election in the year 1976. However, the
4population in no one ward shall be less than 1/6 of the
5population of the whole district and the territory in each of
6the wards shall be composed of contiguous territory in as
7compact form as practicable. A portion of each ward shall abut
8the west shore of Lake Michigan and the boundaries of the
9respective wards shall coincide with precinct boundaries and
10the boundaries of existing municipalities as nearly as
11practicable. In the year 1981, and every 10 years thereafter,
12the sanitary district board of trustees shall reapportion the
13district, so that the respective wards shall conform as nearly
14as practicable with the above requirements as to population,
15shape and territory.
16    All trustees elected from 1994 through 2011 shall assume
17office on the first Monday in December following the general
18election. All trustees elected in 2012 or thereafter shall
19assume office on the second Wednesday in December following the
20general election.
21    In the year 1982, and every 10 years thereafter, following
22each decennial Federal census, all 5 trustees shall be elected.
23Immediately following each decennial redistricting, the
24sanitary district board of trustees shall be randomly divided
25into 2 groups, one of which shall consist of 3 wards and the
26other shall consist of 2 wards. A random process shall again be

 

 

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1used to determine which trustees from one group shall serve
2terms of 4 years, 4 years and 2 years; and which trustees from
3the other group shall serve terms of 2 years, 4 years and 4
4years.
5    Each of the trustees, upon entering the duties of their
6respective offices, shall execute a bond with security, in the
7amount and form to be approved by the corporate authorities,
8payable to the district, in the penal sum of not less than
9$250,000.00, as directed by resolution or ordinance,
10conditioned upon the faithful performance of the duties of the
11office. Each bond shall be filed with and preserved by the
12board secretary.
13    When a vacancy exists in the office of trustees of any
14sanitary district organized under the provisions of this Act,
15the vacancy shall be filled by appointment by the president of
16the sanitary district board of trustees, with the advice and
17consent of the sanitary district board of trustees, until the
18next regular election at which trustees of the sanitary
19district are elected, and shall be made a matter of record in
20the office of the county clerk in the county in which the
21district is located.
22    A majority of the board of trustees shall constitute a
23quorum, but a smaller number may adjourn from day to day. No
24trustee or employee of the district shall be directly or
25indirectly interested in any contract, work or business of the
26district, or the sale of any article, the expense, price or

 

 

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1consideration of which is paid by the district; nor in the
2purchase of any real estate or other property belonging to the
3district, or which shall be sold for taxes or assessments, or
4by virtue of legal process at the suit of the district. The
5trustees have the power to provide and adopt a corporate seal
6for the district.
7(Source: P.A. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
 
8    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
9    Sec. 4. Board of trustees; powers; compensation. The
10trustees shall constitute a board of trustees for the district.
11The board of trustees is the corporate authority of the
12district, and shall exercise all the powers and manage and
13control all the affairs and property of the district. The board
14shall elect a president and vice-president from among their own
15number. In case of the death, resignation, absence from the
16state, or other disability of the president, the powers, duties
17and emoluments of the office of the president shall devolve
18upon the vice-president, until the disability is removed or
19until a successor to the president is appointed and chosen in
20the manner provided in this Act. The board may select a
21secretary, treasurer, executive director, and attorney, and
22may provide by ordinance for the employment of other employees
23as the board may deem necessary for the municipality. The board
24may appoint such other officers and hire such employees to
25manage and control the operations of the district as it deems

 

 

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1necessary; provided, however, that the board shall not employ
2an individual as a wastewater operator whose Certificate of
3Technical Competency is suspended or revoked under rules
4adopted by the Pollution Control Board under item (4) of
5subsection (a) of Section 13 of the Environmental Protection
6Act. All employees selected by the board shall hold their
7respective offices during the pleasure of the board, and give
8such bond as may be required by the board. The board may
9prescribe the duties and fix the compensation of all the
10officers and employees of the sanitary district. However, the
11president of the board of trustees shall not receive more than
12$10,000 per year and the other members of the board shall not
13receive more than $7,000 per year. However, beginning with the
14commencement of the new term of each board member in 1993, the
15president shall not receive more than $11,000 per year and each
16other member of the board shall not receive more than $8,000
17per year. Beginning with the commencement of the first new term
18after the effective date of this amendatory Act of the 95th
19General Assembly, the president of the board shall not receive
20more than $14,000 per year, and each other member of the board
21shall not receive more than $11,000 per year. The board of
22trustees has full power to pass all necessary ordinances, rules
23and regulations for the proper management and conduct of the
24business of the board and of the corporation, and for carrying
25into effect the objects for which the sanitary district was
26formed. The ordinances may provide for a fine for each offense

 

 

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1of not less than $100 or more than $1,000. Each day's
2continuance of a violation shall be a separate offense. Fines
3under this Section are recoverable by the sanitary district in
4a civil action. The sanitary district is authorized to apply to
5the circuit court for injunctive relief or mandamus when, in
6the opinion of the chief administrative officer, the relief is
7necessary to protect the sewerage system of the sanitary
8district.
9    The board of trustees shall have the authority to change
10the name of the District, by ordinance, to the North Shore
11Water Reclamation District. Any such name change shall not
12impair the legal status of any act by the sanitary district. If
13an ordinance is passed pursuant to this paragraph, all
14provisions of this Act shall apply to the newly renamed
15district. No rights, duties, or privilege of such sanitary
16district or of any person existing before the change of name
17shall be affected by the change in the name of the sanitary
18district. All proceedings pending in any court relating to such
19sanitary district may continue to final consummation under the
20name in which they were commenced.
21(Source: P.A. 98-162, eff. 8-2-13.)
 
22    (70 ILCS 2305/7.6 new)
23    Sec. 7.6. Rates for treatment and disposal of sewage and
24surface or ground water. The board of trustees shall have the
25authority by ordinance to establish, revise, and maintain rates

 

 

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1or charges for the treatment and disposal of sewage and surface
2or ground water. Any user charge, industrial waste surcharge,
3or industrial cost recovery charge imposed by the sanitary
4district, together with all penalties, interest, and costs
5imposed in connection therewith, shall be liens against the
6real estate which receives the service or benefit for which the
7charges are being imposed; provided, however, such liens shall
8not attach to such real estate until such charges or rates have
9become delinquent as provided by the ordinance of the sanitary
10district and provided further, that nothing in this Section
11shall be construed to give the sanitary district a preference
12over the rights of any purchaser, mortgagee, judgment creditor,
13or other lien holder arising prior to the filing in the office
14of the recorder of the county in which real estate is located
15of notice of the lien, which notice shall consist of a sworn
16statement setting out (1) a description of the real estate for
17which the service or the benefit was rendered sufficient to
18identify the real estate, (2) the amount or amounts of money
19due for such service or benefit, and (3) the date or dates when
20such amount or amounts became delinquent. The sanitary district
21shall have the power to foreclose such lien in the same manner
22and with the same effect as in the foreclosure of mortgages on
23real estate.
24    The assertion of liens against real estate by the sanitary
25district to secure payment of user charges, industrial waste
26surcharges, or industrial cost recovery charges imposed by the

 

 

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1sanitary district as indicated in the previous paragraph shall
2be in addition to any other remedy or right of recovery which
3the sanitary district may have with respect to the collection
4or recovery of such charges imposed by the sanitary district.
5Judgment in a civil action brought by the sanitary district to
6recover or collect such charges shall not operate as a release
7and waiver of the lien upon the real estate for the amount of
8the judgment. Only satisfaction of the judgment or the filing
9of a release or satisfaction of lien shall release said lien.
10The lien for charges on account of services or benefits
11provided for in this Section and the rights created hereunder
12shall be in addition to the lien upon real estate created by
13and imposed for general real estate taxes.
 
14    (70 ILCS 2305/7.7 new)
15    Sec. 7.7. Discharge into sewers of the sanitary district.
16    (a) As used in this Section:
17    "Executive director" means the executive director of the
18sanitary district.
19    "Industrial wastes" means all solids, liquids, or gaseous
20wastes resulting from any commercial, industrial,
21manufacturing, agricultural, trade, or business operation or
22process, or from the development, recovery, or processing of
23natural resources.
24    "Other wastes" means decayed wood, sawdust, shavings,
25bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,

 

 

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1and all other substances except sewage and industrial wastes.
2    "Person" means any individual, firm, association, joint
3venture, sole proprietorship, company, partnership, estate
4copartnership, corporation, joint stock company, trust, school
5district, unit of local government, or private corporation
6organized or existing under the laws of this or any other state
7or country.
8    "Sewage" means water-carried human wastes or a combination
9of water-carried wastes from residences, buildings,
10businesses, industrial establishments, institutions, or other
11places together with any ground, surface, storm, or other water
12that may be present.
13    (b) It shall be unlawful for any person to discharge
14sewage, industrial waste, or other wastes into the sewerage
15system of the sanitary district or into any sewer tributary
16therewith, except upon the terms and conditions that the
17sanitary district might reasonably impose by way of ordinance,
18permit, rule, or regulation.
19    The sanitary district, in addition to all other powers
20vested in it and in the interest of public health and safety,
21or as authorized by subsections (b) and (c) of Section 46 of
22the Environmental Protection Act, is hereby empowered to pass
23all ordinances, rules, or regulations necessary to implement
24this Section, including, but not limited to, the imposition of
25charges based on factors that influence the cost of treatment,
26including strength and volume, and including the right of

 

 

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1access during reasonable hours to the premises of a person for
2enforcement of adopted ordinances, rules, or regulations.
3    (c) Whenever the sanitary district, acting through the
4executive director, determines that sewage, industrial wastes,
5or other wastes are being discharged into the sewerage system
6and when, in the opinion of the executive director, the
7discharge is in violation of an ordinance, rules, or
8regulations adopted by the board of trustees under this Section
9governing industrial wastes or other wastes, the executive
10director shall order the offending party to cease and desist.
11The order shall be served by certified mail or personally on
12the owner, officer, registered agent, or individual designated
13by permit.
14    In the event the offending party fails or refuses to
15discontinue the discharge within 90 days after notification of
16the cease and desist order, the executive director may order
17the offending party to show cause before the board of trustees
18of the sanitary district why the discharge should not be
19discontinued. A notice shall be served on the offending party
20directing him, her, or it to show cause before the board of
21trustees why an order should not be entered directing the
22discontinuance of the discharge. The notice shall specify the
23time and place where a hearing will be held and shall be served
24personally or by registered or certified mail at least 10 days
25before the hearing; and, in the case of a unit of local
26government or a corporation, the service shall be upon an

 

 

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1officer or agent thereof. After reviewing the evidence, the
2board of trustees may issue an order to the party responsible
3for the discharge, directing that within a specified period of
4time the discharge be discontinued. The board of trustees may
5also order the party responsible for the discharge to pay a
6civil penalty in an amount specified by the board of trustees
7that is not less than $1,000 nor more than $2,000 per day for
8each day of discharge of effluent in violation of this Act as
9provided in subsection (d). The board of trustees may also
10order the party responsible for the violation to pay court
11reporter costs and hearing officer fees in an amount not
12exceeding $3,000.
13    (d) The board of trustees shall establish procedures for
14assessing civil penalties and issuing orders under subsection
15(c) as follows:
16        (1) In making its orders and determinations, the board
17    of trustees shall take into consideration all the facts and
18    circumstances bearing on the activities involved and the
19    assessment of civil penalties as shown by the record
20    produced at the hearing.
21        (2) The board of trustees shall establish a panel of
22    one or more independent hearing officers to conduct all
23    hearings on the assessment of civil penalties and issuance
24    of orders under subsection (c). All hearing officers shall
25    be attorneys licensed to practice law in this State.
26        (3) The board of trustees shall promulgate procedural

 

 

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1    rules governing the proceedings, the assessment of civil
2    penalties, and the issuance of orders.
3        (4) All hearings shall be on the record, and testimony
4    taken must be under oath and recorded stenographically.
5    Transcripts so recorded must be made available to any
6    member of the public or any party to the hearing upon
7    payment of the usual charges for transcripts. At the
8    hearing, the hearing officer may issue, in the name of the
9    board of trustees, notices of hearing requesting the
10    attendance and testimony of witnesses, the production of
11    evidence relevant to any matter involved in the hearing,
12    and may examine witnesses.
13        (5) The hearing officer shall conduct a full and
14    impartial hearing on the record, with an opportunity for
15    the presentation of evidence and cross-examination of the
16    witnesses. The hearing officer shall issue findings of
17    fact, conclusions of law, a recommended civil penalty, and
18    an order based solely on the record. The hearing officer
19    may also recommend, as part of the order, that the
20    discharge of industrial waste be discontinued within a
21    specified time.
22        (6) The findings of fact, conclusions of law,
23    recommended civil penalty, and order shall be transmitted
24    to the board of trustees along with a complete record of
25    the hearing.
26        (7) The board of trustees shall either approve or

 

 

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1    disapprove the findings of fact, conclusions of law,
2    recommended civil penalty, and order. If the findings of
3    fact, conclusions of law, recommended civil penalty, or
4    order are rejected, the board of trustees shall remand the
5    matter to the hearing officer for further proceedings. If
6    the order is accepted by the board of trustees, it shall
7    constitute the final order of the board of trustees.
8        (8) The civil penalty specified by the board of
9    trustees shall be paid within 35 days after the party on
10    whom it is imposed receives a written copy of the order of
11    the board of trustees, unless the person or persons to whom
12    the order is issued seeks judicial review.
13        (9) If a person seeks judicial review of the order
14    assessing civil penalties, the person shall, within 35 days
15    after the date of the final order, pay the amount of the
16    civil penalties into an escrow account maintained by the
17    sanitary district for that purpose or file a bond
18    guaranteeing payment of the civil penalties if the civil
19    penalties are upheld on review.
20        (10) Civil penalties not paid by the times specified
21    above shall be delinquent and subject to a lien recorded
22    against the property of the person ordered to pay the
23    penalty. The foregoing provisions for asserting liens
24    against real estate by the sanitary district shall be in
25    addition to any other remedy or right of recovery that the
26    sanitary district may have with respect to the collection

 

 

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1    or recovery of penalties and charges imposed by the
2    sanitary district. Judgment in a civil action brought by
3    the sanitary district to recover or collect the charges
4    shall not operate as a release and waiver of the lien upon
5    the real estate for the amount of the judgment. Only
6    satisfaction of the judgment or the filing of a release or
7    satisfaction of lien shall release the lien.
8    (e) The executive director may order a person to cease the
9discharge of industrial waste upon a finding by the executive
10director that the final order of the board of trustees entered
11after a hearing to show cause has been violated. The executive
12director shall serve the person with a copy of his or her order
13either by certified mail or personally by serving the owner,
14officer, registered agent, or individual designated by permit.
15The order of the executive director shall also schedule an
16expedited hearing before a hearing officer designated by the
17board of trustees for the purpose of determining whether the
18person has violated the final order of the board of trustees.
19The board of trustees shall adopt rules of procedure governing
20expedited hearings. In no event shall the hearing be conducted
21less than 7 days after service of the executive director's
22order.
23    At the conclusion of the expedited hearing, the hearing
24officer shall prepare a report with his or her findings and
25recommendations and transmit it to the board of trustees. If
26the board of trustees, after reviewing the findings and

 

 

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1recommendations, and the record produced at the hearing,
2determines that the person has violated the board of trustees'
3final order, the board of trustees may authorize the plugging
4of the sewer. The executive director shall give not less than
510 days' written notice of the board of trustees' order to the
6owner, officer, registered agent, or individual designated by
7permit, as well as the owner of record of the real estate and
8other parties known to be affected, that the sewer will be
9plugged.
10    The foregoing provision for plugging a sewer shall be in
11addition to any other remedy that the sanitary district may
12have to prevent violation of its ordinances and orders of its
13board of trustees.
14    (f) A violation of the final order of the board of trustees
15shall be considered a nuisance. If any person discharges
16sewage, industrial wastes, or other wastes into any waters
17contrary to the final order of the board of trustees, the
18sanitary district, acting through the executive director, has
19the power to commence an action or proceeding in the circuit
20court in and for the county in which the sanitary district is
21located for the purpose of having the discharge stopped either
22by mandamus or injunction, or to remedy the violation in any
23manner provided for in this Section.
24    The court shall specify a time, not exceeding 20 days after
25the service of the copy of the complaint, in which the party
26complained of must plead to the complaint, and in the meantime,

 

 

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1the party may be restrained. In case of default or after
2pleading, the court shall immediately inquire into the facts
3and circumstances of the case and enter an appropriate judgment
4in respect to the matters complained of. Appeals may be taken
5as in other civil cases.
6    (g) The sanitary district, acting through the executive
7director, has the power to commence an action or proceeding for
8mandamus or injunction in the circuit court ordering a person
9to cease its discharge, when, in the opinion of the executive
10director, the person's discharge presents an imminent danger to
11the public health, welfare, or safety; presents or may present
12an endangerment to the environment; or threatens to interfere
13with the operation of the sewerage system or a water
14reclamation plant under the jurisdiction of the sanitary
15district. The initiation of a show cause hearing is not a
16prerequisite to the commencement by the sanitary district of an
17action or proceeding for mandamus or injunction in the circuit
18court. The court shall specify a time, not exceeding 20 days
19after the service of a copy of the petition, in which the party
20complained of must answer the petition, and in the meantime,
21the party may be restrained. In case of default in answer or
22after answer, the court shall immediately inquire into the
23facts and circumstances of the case and enter an appropriate
24judgment order in respect to the matters complained of. An
25appeal may be taken from the final judgment in the same manner
26and with the same effect as appeals are taken from judgment of

 

 

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1the circuit court in other actions for mandamus or injunction.
2    (h) Whenever the sanitary district commences an action
3under subsection (f) of this Section, the court shall assess a
4civil penalty of not less than $1,000 nor more than $10,000 for
5each day the person violates the board of trustees' order.
6Whenever the sanitary district commences an action under
7subsection (g) of this Section, the court shall assess a civil
8penalty of not less than $1,000 nor more than $10,000 for each
9day the person violates the ordinance. Each day's continuance
10of the violation is a separate offense. The penalties provided
11in this Section plus interest at the rate set forth in the
12Interest Act on unpaid penalties, costs, and fees, imposed by
13the board of trustees under subsection (d); the reasonable
14costs to the sanitary district of removal or other remedial
15action caused by discharges in violation of this Act;
16reasonable attorney's fees; court costs; other expenses of
17litigation; and costs for inspection, sampling, analysis, and
18administration related to the enforcement action against the
19offending party are recoverable by the sanitary district in a
20civil action.
21    (i) The board of trustees may establish fees for late
22filing of reports with the sanitary district required by an
23ordinance governing discharges. The sanitary district shall
24provide by certified mail a written notice of the fee
25assessment that states the person has 30 days after the receipt
26of the notice to request a conference with the executive

 

 

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1director's designee to discuss or dispute the appropriateness
2of the assessed fee. Unless a person objects to paying the fee
3for filing a report late by timely requesting in writing a
4conference with a designee of the executive director, that
5person waives his or her right to a conference and the sanitary
6district may impose a lien recorded against the property of the
7person for the amount of the unpaid fee.
8    If a person requests a conference and the matter is not
9resolved at the conference, the person subject to the fee may
10request an administrative hearing before an impartial hearing
11officer appointed under subsection (d) to determine the
12person's liability for and the amount of the fee. If the
13hearing officer finds that the late filing fees are owed to the
14sanitary district, the sanitary district shall notify the
15responsible person or persons of the hearing officer's
16decision. If payment is not made within 30 days after the
17notice, the sanitary district may impose a lien on the property
18of the person or persons.
19    Any liens filed under this subsection shall apply only to
20the property to which the late filing fees are related. A claim
21for lien shall be filed in the office of the recorder of the
22county in which the property is located. The filing of a claim
23for lien by the sanitary district does not prevent the sanitary
24district from pursuing other means for collecting late filing
25fees. If a claim for lien is filed, the sanitary district shall
26notify the person whose property is subject to the lien, and

 

 

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1the person may challenge the lien by filing an action in the
2circuit court. The action shall be filed within 90 days after
3the person receives the notice of the filing of the claim for
4lien. The court shall hear evidence concerning the underlying
5reasons for the lien only if an administrative hearing has not
6been held under this subsection.
7    (j) To be effective service under this Section, a demand or
8order sent by certified or registered mail to the last known
9address need not be received by the offending party. Service of
10the demand or order by registered or certified mail shall be
11deemed effective upon deposit in the United States mail with
12proper postage prepaid and addressed as provided in this
13Section.
14    (k) The provisions of the Administrative Review Law and all
15amendments and rules adopted pursuant to that Law apply to and
16govern all proceedings for the judicial review of final
17administrative decisions of the board of trustees in the
18enforcement of any ordinance, rule, or regulation adopted under
19this Act. The cost of preparing the record on appeal shall be
20paid by the person seeking a review of an order or action
21pursuant to the Administrative Review Law.
22    (l) The provisions of this Section are severable under
23Section 1.31 of the Statute on Statutes.
 
24    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
25    Sec. 11. Except as otherwise provided in this Section, all

 

 

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1contracts for purchases or sales by the municipality, the
2expense of which will exceed the mandatory competitive bid
3threshold, shall be let to the lowest responsible bidder
4therefor upon not less than 14 days' public notice of the terms
5and conditions upon which the contract is to be let, having
6been given by publication in a newspaper of general circulation
7published in the district, and the board may reject any and all
8bids and readvertise. In determining the lowest responsible
9bidder, the board shall take into consideration the qualities
10and serviceability of the articles supplied, their conformity
11with specifications, their suitability to the requirements of
12the district, the availability of support services, the
13uniqueness of the service, materials, equipment, or supplies as
14it applies to network integrated computer systems, the
15compatibility of the service, materials, equipment or supplies
16with existing equipment, and the delivery terms. Contracts for
17services in excess of the mandatory competitive bid threshold
18may, subject to the provisions of this Section, be let by
19competitive bidding at the discretion of the district board of
20trustees. All contracts for purchases or sales that will not
21exceed the mandatory competitive bid threshold may be made in
22the open market without publication in a newspaper as above
23provided, but whenever practical shall be based on at least 3
24competitive bids. For purposes of this Section, the "mandatory
25competitive bid threshold" is a dollar amount equal to 0.1% of
26the total general fixed assets of the district as reported in

 

 

HB4492 Engrossed- 23 -LRB099 15785 AWJ 40092 b

1the most recent required audit report. In no event, however,
2shall the mandatory competitive bid threshold dollar amount be
3less than $10,000, nor more than $40,000.
4    Cash, a cashier's check, a certified check, or a bid bond
5with adequate surety approved by the board of trustees as a
6deposit of good faith, in a reasonable amount, but not in
7excess of 10% of the contract amount, may be required of each
8bidder by the district on all bids involving amounts in excess
9of the mandatory competitive bid threshold and, if so required,
10the advertisement for bids shall so specify.
11    Contracts which by their nature are not adapted to award by
12competitive bidding, including, without limitation, contracts
13for the services of individuals, groups or firms possessing a
14high degree of professional skill where the ability or fitness
15of the individual or organization plays an important part,
16contracts for financial management services undertaken
17pursuant to "An Act relating to certain investments of public
18funds by public agencies", approved July 23, 1943, as now or
19hereafter amended, contracts for the purchase or sale of
20utilities, contracts for commodities including supply
21contracts for natural gas and electricity, contracts for
22materials economically procurable only from a single source of
23supply, contracts for services, supplies, materials, parts, or
24equipment which are available only from a single source or
25contracts for maintenance, repairs, OEM supplies, or OEM parts
26from the manufacturer or from a source authorized by the

 

 

HB4492 Engrossed- 24 -LRB099 15785 AWJ 40092 b

1manufacturer, contracts for the use, purchase, delivery,
2movement, or installation of data processing equipment,
3software, or services and telecommunications and interconnect
4equipment, software, or services, contracts for duplicating
5machines and supplies, contracts for goods or services procured
6from another governmental agency, purchases of equipment
7previously owned by an entity other than the district itself,
8purchases of used equipment, purchases at auction or similar
9transactions which by their very nature are not suitable to
10competitive bids, and leases of real property where the
11sanitary district is the lessee shall not be subject to the
12competitive bidding requirements of this Section.
13    The District may use a design-build procurement method for
14any public project which shall not be subject to the
15competitive bidding requirements of this Section provided the
16Board of Trustees approves the contract for the public project
17by a vote of 4 of the 5 trustees. For the purposes of this
18Section, "design-build" means a delivery system that provides
19responsibility within a single contract for the furnishing of
20architecture, engineering, land surveying and related services
21as required, and the labor, materials, equipment, and other
22construction services for the project.
23    In the case of an emergency affecting the public health or
24safety so declared by the Board of Trustees of the municipality
25at a meeting thereof duly convened, which declaration shall
26require the affirmative vote of four of the five Trustees, and

 

 

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1shall set forth the nature of the danger to the public health
2or safety, contracts totaling not more than the emergency
3contract cap may be let to the extent necessary to resolve such
4emergency without public advertisement or competitive bidding.
5For purposes of this Section, the dollar amount of an emergency
6contract shall not be less than $40,000, nor more than
7$350,000. The Resolution or Ordinance in which such declaration
8is embodied shall fix the date upon which such emergency shall
9terminate which date may be extended or abridged by the Board
10of Trustees as in their judgment the circumstances require. A
11full written account of any such emergency, together with a
12requisition for the materials, supplies, labor or equipment
13required therefor shall be submitted immediately upon
14completion and shall be open to public inspection for a period
15of at least one year subsequent to the date of such emergency
16purchase. Within 30 days after the passage of the resolution or
17ordinance declaring an emergency affecting the public health or
18safety, the municipality shall submit to the Illinois
19Environmental Protection Agency the full written account of any
20such emergency along with a copy of the resolution or ordinance
21declaring the emergency, in accordance with requirements as may
22be provided by rule.
23    To address operating emergencies not affecting the public
24health or safety, the Board of Trustees shall authorize, in
25writing, officials or employees of the sanitary district to
26purchase in the open market and without advertisement any

 

 

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1supplies, materials, equipment, or services for immediate
2delivery to meet the bona fide operating emergency, without
3filing a requisition or estimate therefor, in an amount not in
4excess of $100,000; provided that the Board of Trustees must be
5notified of the operating emergency. A full, written account of
6each operating emergency and a requisition for the materials,
7supplies, equipment, and services required to meet the
8operating emergency must be immediately submitted by the
9officials or employees authorized to make purchases to the
10Board of Trustees. The account must be available for public
11inspection for a period of at least one year after the date of
12the operating emergency purchase. The exercise of authority
13with respect to purchases for a bona fide operating emergency
14is not dependent on a declaration of an operating emergency by
15the Board of Trustees.
16    The competitive bidding requirements of this Section do not
17apply to contracts, including contracts for both materials and
18services incidental thereto, for the repair or replacement of a
19sanitary district's treatment plant, sewers, equipment, or
20facilities damaged or destroyed as the result of a sudden or
21unexpected occurrence, including, but not limited to, a flood,
22fire, tornado, earthquake, storm, or other natural or man-made
23disaster, if the board of trustees determines in writing that
24the awarding of those contracts without competitive bidding is
25reasonably necessary for the sanitary district to maintain
26compliance with a permit issued under the National Pollution

 

 

HB4492 Engrossed- 27 -LRB099 15785 AWJ 40092 b

1Discharge Elimination System (NPDES) or any successor system or
2with any outstanding order relating to that compliance issued
3by the United States Environmental Protection Agency, the
4Illinois Environmental Protection Agency, or the Illinois
5Pollution Control Board. The authority to issue contracts
6without competitive bidding pursuant to this paragraph expires
76 months after the date of the writing determining that the
8awarding of contracts without competitive bidding is
9reasonably necessary.
10    No Trustee shall be interested, directly or indirectly, in
11any contract, work or business of the municipality, or in the
12sale of any article, whenever the expense, price or
13consideration of the contract work, business or sale is paid
14either from the treasury or by any assessment levied by any
15Statute or Ordinance. No Trustee shall be interested, directly
16or indirectly, in the purchase of any property which (1)
17belongs to the municipality, or (2) is sold for taxes or
18assessments of the municipality, or (3) is sold by virtue of
19legal process in the suit of the municipality.
20    A contract for any work or other public improvement, to be
21paid for in whole or in part by special assessment or special
22taxation, shall be entered into and the performance thereof
23controlled by the provisions of Division 2 of Article 9 of the
24"Illinois Municipal Code", approved May 29, 1961, as heretofore
25or hereafter amended, as near as may be. However, contracts may
26be let for making proper and suitable connections between the

 

 

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1mains and outlets of the respective sanitary sewers in the
2district with any conduit, conduits, main pipe or pipes that
3may be constructed by such sanitary district.
4(Source: P.A. 98-162, eff. 8-2-13.)
 
5    (70 ILCS 2305/18.5 new)
6    Sec. 18.5. Contracts. The sanitary district may enter into
7contracts with municipalities or other parties outside the
8sanitary district that may request service from the sanitary
9district at higher rates than the existing rates for like
10consumers within the sanitary district to allow the sanitary
11district to obtain a fair return to cover the costs of
12financing, constructing, operating, and maintaining its
13facilities. In the event that thereafter such rates are not
14agreed upon by the parties or are not otherwise provided for by
15contract, such rates shall be fixed and determined by the
16circuit court of Lake County after a petition has been filed
17with that court.
 
18    (70 ILCS 2305/31 new)
19    Sec. 31. Resource recovery.
20    (a) As used in this Section:
21    "Recovered resources" means any material produced by or
22extracted from the operation of sanitary district facilities,
23including, but not limited to:
24        (1) solids, including solids from the digestion

 

 

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1    process, semi-solids, or liquid materials;
2        (2) gases, including biogas, carbon dioxide, and
3    methane;
4        (3) nutrients;
5        (4) algae;
6        (5) treated effluent; and
7        (6) thermal energy or hydropower.
8    "Renewable energy facility" shall have the same meaning as
9a facility defined under Section 5 of the Renewable Energy
10Production District Act.
11    "Renewable energy resources" means resources as defined
12under Section 1-10 of the Illinois Power Agency Act.
13    "Resource recovery" means the recovery of material or
14energy from waste as defined under Section 3.435 of the
15Environmental Protection Act.
16    (b) The General Assembly finds that:
17        (1) technological advancements in wastewater treatment
18    have resulted in the ability to capture recovered resources
19    and produce renewable energy resources from material
20    previously discarded;
21        (2) the capture and beneficial reuse of recovered
22    resources and the production of renewable energy resources
23    serve a wide variety of environmental benefits including,
24    but not limited to, improved water quality, reduction of
25    greenhouse gases, reduction of carbon footprint, reduction
26    of landfill usage, reduced usage of hydrocarbon-based

 

 

HB4492 Engrossed- 30 -LRB099 15785 AWJ 40092 b

1    fuels, return of nutrients to the food cycle, and reduced
2    water consumption;
3        (3) the sanitary district is a leader in the field of
4    wastewater treatment and possesses the expertise and
5    experience necessary to capture and beneficially reuse or
6    prepare for beneficial reuse recovered resources,
7    including renewable energy resources; and
8        (4) the sanitary district has the opportunity and
9    ability to change the approach to wastewater treatment from
10    that of a waste material to be disposed of to one of a
11    collection of resources to be recovered, reused, and sold,
12    with the opportunity to provide the sanitary district with
13    additional sources of revenue and reduce operating costs.
14    (c) The sanitary district may sell or otherwise dispose of
15recovered resources or renewable energy resources resulting
16from the operation of sanitary district facilities, and may
17construct, maintain, finance, and operate such activities,
18facilities, and other works as are necessary for that purpose.
19    (d) The sanitary district may take in materials which are
20used in the generation of usable products from recovered
21resources, or which increase the production of renewable energy
22resources, including, but not limited to, food waste, organic
23fraction of solid waste, commercial or industrial organic
24wastes, fats, oils, greases, and vegetable debris.
25    (e) The authorizations granted to the sanitary district
26under this Section shall not be construed as modifying or

 

 

HB4492 Engrossed- 31 -LRB099 15785 AWJ 40092 b

1limiting any other law or regulation. Any actions taken
2pursuant to the authorities granted in this Section must be in
3compliance with all applicable laws and regulations,
4including, but not limited to, the Environmental Protection
5Act, and rules adopted under that Act.
 
6    Section 15. The Sanitary District Act of 1917 is amended by
7changing Section 17.1 as follows:
 
8    (70 ILCS 2405/17.1)  (from Ch. 42, par. 316.1)
9    Sec. 17.1. Acquiring district or municipal treatment
10works.
11    (a) After incorporation, any district organized under this
12Act may, in accordance with this Act and an intergovernmental
13agreement with the sanitary district being acquired or the
14municipality from whom the treatment works and lines are to be
15acquired, acquire the territory, treatment works, lines,
16appurtenances, and other property of (i) any sanitary district
17organized under this Act, the Sanitary District Act of 1907,
18the North Shore Water Reclamation Sanitary District Act, the
19Sanitary District Act of 1936, or the Metro-East Sanitary
20District Act of 1974 or (ii) any municipality whose treatment
21works were established under the Illinois Municipal Code or the
22Municipal Wastewater Disposal Zones Act, regardless of whether
23that district or municipality is contiguous to the acquiring
24sanitary district. The distance between the sanitary district

 

 

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1being acquired or municipality and the acquiring sanitary
2district, however, as measured between the points on their
3corporate boundaries that are nearest to each other, shall not
4exceed 20 miles. In the case of a municipality, only that
5property used by the municipality for transport, treatment, and
6discharge of wastewater and for disposal of sewage sludge shall
7be transferred to the acquiring sanitary district.
8    (b) The board of trustees of the sanitary district being
9acquired, or the corporate authorities of a municipality whose
10treatment works is being acquired, shall, jointly with the
11board of trustees of the acquiring sanitary district, petition
12the circuit court of the county containing all or the larger
13portion of the sanitary district being acquired or the
14municipality to permit the acquisition. The petition shall show
15the following:
16        (1) The reason for the acquisition.
17        (2) That there are no debts of the sanitary district
18    being acquired or municipality outstanding, or that there
19    are sufficient funds on hand or available to satisfy those
20    debts.
21        (3) That no contract or federal or State permit or
22    grant will be impaired by the acquisition.
23        (4) That all assets and responsibilities of the
24    sanitary district being acquired or municipality, as they
25    relate to wastewater treatment, have been properly
26    assigned to the acquiring sanitary district.

 

 

HB4492 Engrossed- 33 -LRB099 15785 AWJ 40092 b

1        (5) That the acquiring sanitary district will pay any
2    court costs incurred in connection with the petition.
3        (6) The boundaries of the acquired sanitary district or
4    municipality as of the date of the petition.
5    (c) Upon adequate notice, including appropriate notice to
6the Illinois Environmental Protection Agency, the circuit
7court shall hold a hearing to determine whether there is good
8cause for the acquisition by the acquiring district and whether
9the allegations of the petition are true. If the court finds
10that there is good cause and that the allegations are true, it
11shall order the acquisition to proceed. If the court finds that
12there is not good cause for the acquisition or that the
13allegations of the petition are not true, the court shall
14dismiss the petition. In either event, the costs shall be taxed
15against the acquiring sanitary district. The order shall be
16final. Separate or joint appeals may be taken by any party
17affected by the order as in other civil cases.
18    (d) If the court orders the acquisition contemplated in the
19petition, there shall be no further appointments of trustees if
20the acquired agency is a sanitary district. The trustees of the
21acquired sanitary district acting at the time of the order
22shall close up the business affairs of the sanitary district
23and make the necessary conveyances of title to the sanitary
24district property in accordance with the intergovernmental
25agreement between the acquiring and acquired sanitary
26districts. In the case of a municipality, the governing body of

 

 

HB4492 Engrossed- 34 -LRB099 15785 AWJ 40092 b

1the municipality shall make the necessary conveyances of title
2to municipal property to the acquiring sanitary district in
3accordance with the intergovernmental agreement between the
4municipality and the acquiring sanitary district. The
5acquiring sanitary district's ordinances take effect in the
6acquired territory upon entry of the order.
7    (e) The acquisition of any sanitary district by another
8sanitary district or the acquisition of a treatment works from
9a municipality by another sanitary district shall not affect
10the obligation of any bonds issued or contracts entered into by
11the acquired sanitary district or the municipality, nor
12invalidate the levy, extension, or collection of any taxes or
13special assessments upon a property in the acquired sanitary
14district, but all those bonds and contracts shall be
15discharged. The general obligation indebtedness of the
16acquired sanitary district shall be paid from the proceeds of
17continuing taxes and special assessments as provided in this
18Act.
19    All money remaining after the business affairs of the
20acquired sanitary district or acquired treatment works of the
21municipality have been closed up and all debts and obligations
22of the entities paid shall be paid to the acquiring sanitary
23district in accordance with the intergovernmental agreement
24between the parties.
25    (f) The board of trustees of the acquiring sanitary
26district required to provide sewer service under this Act may

 

 

HB4492 Engrossed- 35 -LRB099 15785 AWJ 40092 b

1levy and collect, for that purpose, a tax on the taxable
2property within that district. The aggregate amount of the tax
3shall be as provided in this Act.
4    (g) Any intergovernmental agreement entered into by the
5parties under this Section shall provide for the imposition or
6continuance of a user charge system in accordance with the
7acquiring district's ordinance, the Illinois Environmental
8Protection Act, and the federal Clean Water Act.
9    (h) All courts shall take judicial notice of the
10acquisition of the sanitary district being acquired or
11municipal treatment works by the acquiring sanitary district.
12(Source: P.A. 87-1060.)
 
13    Section 20. The Eminent Domain Act is amended by changing
14Section 15-5-15 as follows:
 
15    (735 ILCS 30/15-5-15)
16    Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
17through 75. The following provisions of law may include express
18grants of the power to acquire property by condemnation or
19eminent domain:
 
20(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
21    authorities; for public airport facilities.
22(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
23    authorities; for removal of airport hazards.

 

 

HB4492 Engrossed- 36 -LRB099 15785 AWJ 40092 b

1(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
2    authorities; for reduction of the height of objects or
3    structures.
4(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
5    airport authorities; for general purposes.
6(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
7    Act; Kankakee River Valley Area Airport Authority; for
8    acquisition of land for airports.
9(70 ILCS 200/2-20); Civic Center Code; civic center
10    authorities; for grounds, centers, buildings, and parking.
11(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
12    Authority; for grounds, centers, buildings, and parking.
13(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
14    Exposition, Auditorium and Office Building Authority; for
15    grounds, centers, buildings, and parking.
16(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
17    Authority; for grounds, centers, buildings, and parking.
18(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
19    Center Authority; for grounds, centers, buildings, and
20    parking.
21(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
22    District Civic Center Authority; for grounds, centers,
23    buildings, and parking.
24(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
25    Authority; for grounds, centers, buildings, and parking.
26(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

 

 

HB4492 Engrossed- 37 -LRB099 15785 AWJ 40092 b

1    Center Authority; for grounds, centers, buildings, and
2    parking.
3(70 ILCS 200/60-30); Civic Center Code; Collinsville
4    Metropolitan Exposition, Auditorium and Office Building
5    Authority; for grounds, centers, buildings, and parking.
6(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
7    Center Authority; for grounds, centers, buildings, and
8    parking.
9(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
10    Exposition, Auditorium and Office Building Authority; for
11    grounds, centers, buildings, and parking.
12(70 ILCS 200/80-15); Civic Center Code; DuPage County
13    Metropolitan Exposition, Auditorium and Office Building
14    Authority; for grounds, centers, buildings, and parking.
15(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
16    Exposition, Auditorium and Office Building Authority; for
17    grounds, centers, buildings, and parking.
18(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
19    Exposition, Auditorium and Office Building Authority; for
20    grounds, centers, buildings, and parking.
21(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
22    Center Authority; for grounds, centers, buildings, and
23    parking.
24(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
25    Center Authority; for grounds, centers, buildings, and
26    parking.

 

 

HB4492 Engrossed- 38 -LRB099 15785 AWJ 40092 b

1(70 ILCS 200/120-25); Civic Center Code; Jefferson County
2    Metropolitan Exposition, Auditorium and Office Building
3    Authority; for grounds, centers, buildings, and parking.
4(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
5    Civic Center Authority; for grounds, centers, buildings,
6    and parking.
7(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
8    Metropolitan Exposition, Auditorium and Office Building
9    Authority; for grounds, centers, buildings, and parking.
10(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
11    Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
13    Center Authority; for grounds, centers, buildings, and
14    parking.
15(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
16    Civic Center Authority; for grounds, centers, buildings,
17    and parking.
18(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
19    Authority; for grounds, centers, buildings, and parking.
20(70 ILCS 200/165-35); Civic Center Code; Melrose Park
21    Metropolitan Exposition Auditorium and Office Building
22    Authority; for grounds, centers, buildings, and parking.
23(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
24    Exposition, Auditorium and Office Building Authorities;
25    for general purposes.
26(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

 

 

HB4492 Engrossed- 39 -LRB099 15785 AWJ 40092 b

1    Authority; for grounds, centers, buildings, and parking.
2(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
3    Authority; for grounds, centers, buildings, and parking.
4(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
5    Authority; for grounds, centers, buildings, and parking.
6(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
7    Authority; for grounds, centers, buildings, and parking.
8(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
9    Authority; for grounds, centers, buildings, and parking.
10(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
11    Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
13    Civic Center Authority; for grounds, centers, buildings,
14    and parking.
15(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
16    Exposition, Auditorium and Office Building Authority; for
17    grounds, centers, buildings, and parking.
18(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
19    Center Authority; for grounds, centers, buildings, and
20    parking.
21(70 ILCS 200/230-35); Civic Center Code; River Forest
22    Metropolitan Exposition, Auditorium and Office Building
23    Authority; for grounds, centers, buildings, and parking.
24(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
25    Authority; for grounds, centers, buildings, and parking.
26(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

 

 

HB4492 Engrossed- 40 -LRB099 15785 AWJ 40092 b

1    Authority; for grounds, centers, buildings, and parking.
2(70 ILCS 200/255-20); Civic Center Code; Springfield
3    Metropolitan Exposition and Auditorium Authority; for
4    grounds, centers, and parking.
5(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
6    Exposition, Auditorium and Office Building Authority; for
7    grounds, centers, buildings, and parking.
8(70 ILCS 200/265-20); Civic Center Code; Vermilion County
9    Metropolitan Exposition, Auditorium and Office Building
10    Authority; for grounds, centers, buildings, and parking.
11(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
12    Authority; for grounds, centers, buildings, and parking.
13(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
14    Center Authority; for grounds, centers, buildings, and
15    parking.
16(70 ILCS 200/280-20); Civic Center Code; Will County
17    Metropolitan Exposition and Auditorium Authority; for
18    grounds, centers, and parking.
19(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
20    Act; Metropolitan Pier and Exposition Authority; for
21    general purposes, including quick-take power.
22(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
23    soil and water conservation districts; for general
24    purposes.
25(70 ILCS 410/10 and 410/12); Conservation District Act;
26    conservation districts; for open space, wildland, scenic

 

 

HB4492 Engrossed- 41 -LRB099 15785 AWJ 40092 b

1    roadway, pathway, outdoor recreation, or other
2    conservation benefits.
3(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
4    Redevelopment Commission Act; Chanute-Rantoul National
5    Aviation Center Redevelopment Commission; for general
6    purposes.
7(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
8    Fort Sheridan Redevelopment Commission; for general
9    purposes or to carry out comprehensive or redevelopment
10    plans.
11(70 ILCS 520/8); Southwestern Illinois Development Authority
12    Act; Southwestern Illinois Development Authority; for
13    general purposes, including quick-take power.
14(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
15    drainage districts; for general purposes.
16(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
17    corporate authorities; for construction and maintenance of
18    works.
19(70 ILCS 705/10); Fire Protection District Act; fire protection
20    districts; for general purposes.
21(70 ILCS 750/20); Flood Prevention District Act; flood
22    prevention districts; for general purposes.
23(70 ILCS 805/6); Downstate Forest Preserve District Act;
24    certain forest preserve districts; for general purposes.
25(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
26    certain forest preserve districts; for recreational and

 

 

HB4492 Engrossed- 42 -LRB099 15785 AWJ 40092 b

1    cultural facilities.
2(70 ILCS 810/8); Cook County Forest Preserve District Act;
3    Forest Preserve District of Cook County; for general
4    purposes.
5(70 ILCS 810/38); Cook County Forest Preserve District Act;
6    Forest Preserve District of Cook County; for recreational
7    facilities.
8(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
9    districts; for hospitals or hospital facilities.
10(70 ILCS 915/3); Illinois Medical District Act; Illinois
11    Medical District Commission; for general purposes.
12(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
13    Medical District Commission; quick-take power for the
14    Illinois State Police Forensic Science Laboratory
15    (obsolete).
16(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
17    tuberculosis sanitarium districts; for tuberculosis
18    sanitariums.
19(70 ILCS 925/20); Mid-Illinois Medical District Act;
20    Mid-Illinois Medical District; for general purposes.
21(70 ILCS 930/20); Mid-America Medical District Act;
22    Mid-America Medical District Commission; for general
23    purposes.
24(70 ILCS 935/20); Roseland Community Medical District Act;
25    medical district; for general purposes.
26(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

 

 

HB4492 Engrossed- 43 -LRB099 15785 AWJ 40092 b

1    abatement districts; for general purposes.
2(70 ILCS 1105/8); Museum District Act; museum districts; for
3    general purposes.
4(70 ILCS 1205/7-1); Park District Code; park districts; for
5    streets and other purposes.
6(70 ILCS 1205/8-1); Park District Code; park districts; for
7    parks.
8(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
9    districts; for airports and landing fields.
10(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
11    districts; for State land abutting public water and certain
12    access rights.
13(70 ILCS 1205/11.1-3); Park District Code; park districts; for
14    harbors.
15(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
16    park districts; for street widening.
17(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
18    Act; park districts; for parks, boulevards, driveways,
19    parkways, viaducts, bridges, or tunnels.
20(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
21    park districts; for boulevards or driveways.
22(70 ILCS 1290/1); Park District Aquarium and Museum Act;
23    municipalities or park districts; for aquariums or
24    museums.
25(70 ILCS 1305/2); Park District Airport Zoning Act; park
26    districts; for restriction of the height of structures.

 

 

HB4492 Engrossed- 44 -LRB099 15785 AWJ 40092 b

1(70 ILCS 1310/5); Park District Elevated Highway Act; park
2    districts; for elevated highways.
3(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
4    District; for parks and other purposes.
5(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
6    District; for parking lots or garages.
7(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
8    District; for harbors.
9(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
10    Act; Lincoln Park Commissioners; for land and interests in
11    land, including riparian rights.
12(70 ILCS 1801/30); Alexander-Cairo Port District Act;
13    Alexander-Cairo Port District; for general purposes.
14(70 ILCS 1805/8); Havana Regional Port District Act; Havana
15    Regional Port District; for general purposes.
16(70 ILCS 1810/7); Illinois International Port District Act;
17    Illinois International Port District; for general
18    purposes.
19(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
20    Illinois Valley Regional Port District; for general
21    purposes.
22(70 ILCS 1820/4); Jackson-Union Counties Regional Port
23    District Act; Jackson-Union Counties Regional Port
24    District; for removal of airport hazards or reduction of
25    the height of objects or structures.
26(70 ILCS 1820/5); Jackson-Union Counties Regional Port

 

 

HB4492 Engrossed- 45 -LRB099 15785 AWJ 40092 b

1    District Act; Jackson-Union Counties Regional Port
2    District; for general purposes.
3(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
4    Regional Port District; for removal of airport hazards.
5(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
6    Regional Port District; for reduction of the height of
7    objects or structures.
8(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
9    Regional Port District; for removal of hazards from ports
10    and terminals.
11(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
12    Regional Port District; for general purposes.
13(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
14    Kaskaskia Regional Port District; for removal of hazards
15    from ports and terminals.
16(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
17    Kaskaskia Regional Port District; for general purposes.
18(70 ILCS 1831/30); Massac-Metropolis Port District Act;
19    Massac-Metropolis Port District; for general purposes.
20(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
21    Carmel Regional Port District; for removal of airport
22    hazards.
23(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
24    Carmel Regional Port District; for reduction of the height
25    of objects or structures.
26(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.

 

 

HB4492 Engrossed- 46 -LRB099 15785 AWJ 40092 b

1    Carmel Regional Port District; for general purposes.
2(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
3    District; for general purposes.
4(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
5    Regional Port District; for removal of airport hazards.
6(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
7    Regional Port District; for reduction of the height of
8    objects or structures.
9(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
10    Regional Port District; for general purposes.
11(70 ILCS 1850/4); Shawneetown Regional Port District Act;
12    Shawneetown Regional Port District; for removal of airport
13    hazards or reduction of the height of objects or
14    structures.
15(70 ILCS 1850/5); Shawneetown Regional Port District Act;
16    Shawneetown Regional Port District; for general purposes.
17(70 ILCS 1855/4); Southwest Regional Port District Act;
18    Southwest Regional Port District; for removal of airport
19    hazards or reduction of the height of objects or
20    structures.
21(70 ILCS 1855/5); Southwest Regional Port District Act;
22    Southwest Regional Port District; for general purposes.
23(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
24    Regional Port District; for removal of airport hazards.
25(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
26    Regional Port District; for the development of facilities.

 

 

HB4492 Engrossed- 47 -LRB099 15785 AWJ 40092 b

1(70 ILCS 1863/11); Upper Mississippi River International Port
2    District Act; Upper Mississippi River International Port
3    District; for general purposes.
4(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
5    District; for removal of airport hazards.
6(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
7    District; for restricting the height of objects or
8    structures.
9(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
10    District; for the development of facilities.
11(70 ILCS 1870/8); White County Port District Act; White County
12    Port District; for the development of facilities.
13(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
14    Terminal Authority (Chicago); for general purposes.
15(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
16    Act; Grand Avenue Railroad Relocation Authority; for
17    general purposes, including quick-take power (now
18    obsolete).
19(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act;
20    Elmwood Park Grade Separation Authority; for general
21    purposes.
22(70 ILCS 2105/9b); River Conservancy Districts Act; river
23    conservancy districts; for general purposes.
24(70 ILCS 2105/10a); River Conservancy Districts Act; river
25    conservancy districts; for corporate purposes.
26(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

 

 

HB4492 Engrossed- 48 -LRB099 15785 AWJ 40092 b

1    districts; for corporate purposes.
2(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
3    districts; for improvements and works.
4(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
5    districts; for access to property.
6(70 ILCS 2305/8); North Shore Water Reclamation Sanitary
7    District Act; North Shore Water Reclamation Sanitary
8    District; for corporate purposes.
9(70 ILCS 2305/15); North Shore Water Reclamation Sanitary
10    District Act; North Shore Water Reclamation Sanitary
11    District; for improvements.
12(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
13    District of Decatur; for carrying out agreements to sell,
14    convey, or disburse treated wastewater to a private entity.
15(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
16    districts; for corporate purposes.
17(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
18    districts; for improvements.
19(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
20    1917; sanitary districts; for waterworks.
21(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
22    districts; for public sewer and water utility treatment
23    works.
24(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
25    districts; for dams or other structures to regulate water
26    flow.

 

 

HB4492 Engrossed- 49 -LRB099 15785 AWJ 40092 b

1(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
2    Metropolitan Water Reclamation District; for corporate
3    purposes.
4(70 ILCS 2605/16); Metropolitan Water Reclamation District
5    Act; Metropolitan Water Reclamation District; quick-take
6    power for improvements.
7(70 ILCS 2605/17); Metropolitan Water Reclamation District
8    Act; Metropolitan Water Reclamation District; for bridges.
9(70 ILCS 2605/35); Metropolitan Water Reclamation District
10    Act; Metropolitan Water Reclamation District; for widening
11    and deepening a navigable stream.
12(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
13    districts; for corporate purposes.
14(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
15    districts; for improvements.
16(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
17    sanitary districts; for drainage systems.
18(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
19    districts; for dams or other structures to regulate water
20    flow.
21(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
22    districts; for water supply.
23(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
24    districts; for waterworks.
25(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
26    Metro-East Sanitary District; for corporate purposes.

 

 

HB4492 Engrossed- 50 -LRB099 15785 AWJ 40092 b

1(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
2    Metro-East Sanitary District; for access to property.
3(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
4    districts; for sewerage systems.
5(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
6    Illinois Sports Facilities Authority; quick-take power for
7    its corporate purposes (obsolete).
8(70 ILCS 3405/16); Surface Water Protection District Act;
9    surface water protection districts; for corporate
10    purposes.
11(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
12    Transit Authority; for transportation systems.
13(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
14    Transit Authority; for general purposes.
15(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
16    Transit Authority; for general purposes, including
17    railroad property.
18(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
19    local mass transit districts; for general purposes.
20(70 ILCS 3615/2.13); Regional Transportation Authority Act;
21    Regional Transportation Authority; for general purposes.
22(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
23    water districts; for waterworks.
24(70 ILCS 3705/23a); Public Water District Act; public water
25    districts; for sewerage properties.
26(70 ILCS 3705/23e); Public Water District Act; public water

 

 

HB4492 Engrossed- 51 -LRB099 15785 AWJ 40092 b

1    districts; for combined waterworks and sewerage systems.
2(70 ILCS 3715/6); Water Authorities Act; water authorities; for
3    facilities to ensure adequate water supply.
4(70 ILCS 3715/27); Water Authorities Act; water authorities;
5    for access to property.
6(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
7    trustees; for library buildings.
8(75 ILCS 16/30-55.80); Public Library District Act of 1991;
9    public library districts; for general purposes.
10(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
11    authorities of city or park district, or board of park
12    commissioners; for free public library buildings.
13(Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12;
14incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.