State of Illinois
92nd General Assembly
Legislation

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92_SB1506eng

 
SB1506 Engrossed                              LRB9205181MWdvA

 1        AN ACT concerning sanitary sewers.

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

 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    adding Section 7-1-18.5 as follows:

 6        (65 ILCS 5/7-1-18.5 new)
 7        Sec.  7-1-18.5.  Maintenance  of  sanitary   sewers.    A
 8    municipality  located  in  a  county  with  a  population  of
 9    3,000,000  or  more  to  which territory is annexed after the
10    effective date of this amendatory Act  of  the  92nd  General
11    Assembly  is responsible for the operation and maintenance of
12    any existing sanitary sewerage  system  serving  the  annexed
13    territory,  unless  the sanitary sewerage system is under the
14    jurisdiction of another unit of local government  other  than
15    the Metropolitan Water Reclamation District.

16        Section  10.  The Metropolitan Water Reclamation District
17    Act is amended by changing Section 7f as follows:

18        (70 ILCS 2605/7f) (from Ch. 42, par. 326f)
19        Sec. 7f.  Regulation of connecting sewerage systems.
20        (a)  It shall be unlawful for any person to construct  or
21    install   any   sewerage   system   that  discharges  sewage,
22    industrial wastes, or other wastes, directly  or  indirectly,
23    into  the  sewerage system of the sanitary district, unless a
24    written permit for the sewerage system has  been  granted  by
25    the    sanitary   district   acting   through   the   general
26    superintendent.  The  sanitary  district  shall  specify   by
27    ordinance   the  changes,  additions,  or  extensions  to  an
28    existing sewerage system  that  will  require  a  permit.  No
29    changes,  additions,  or  extensions to any existing sewerage
 
SB1506 Engrossed            -2-               LRB9205181MWdvA
 1    systems  discharging  sewage,  industrial  wastes,  or  other
 2    wastes into the sewerage system  of  the  sanitary  district,
 3    that  requires  a  permit,  may  be  made until plans for the
 4    changes, additions, or extensions have been submitted to  and
 5    a  written  permit obtained from the sanitary district acting
 6    through the general superintendent; provided,  however,  that
 7    this  Section  is not applicable in any municipality having a
 8    population of more than 500,000.
 9        (b)  Sewerage systems shall  be  operated  in  accordance
10    with  the  ordinances of the sanitary district.  The Board of
11    Commissioners of  any  sanitary  district  is  authorized  to
12    regulate,  limit,  extend, deny, or otherwise control any new
13    or existing connection, addition, or extension to  any  sewer
14    or  sewerage  system  which directly or indirectly discharges
15    into the sanitary district sewerage system.  The Board  shall
16    adopt   standards   and   specifications   for  construction,
17    operation, and maintenance.  This Section shall not apply  to
18    sewerage systems under the jurisdiction of any city, village,
19    or incorporated town having a population of 500,000 or more.
20        (c)  The  Board of Commissioners of any sanitary district
21    is hereby authorized to  pass  all  necessary  ordinances  to
22    carry  out  the  aforementioned  powers.   The ordinances may
23    provide for a civil penalty for each offense of not less than
24    $100 nor more than $1,000.  Each  day's  continuance  of  the
25    violation   shall   be  a  separate  offense.   Hearings  for
26    violations  of  the  ordinances  adopted  by  the  Board   of
27    Commissioners  may be conducted by the Board of Commissioners
28    or its designee.
29        (d)  Plans and specifications  for  any  sewerage  system
30    covered  by  this  Act  must  be  submitted  to  the sanitary
31    district before a  written  permit  may  be  issued  and  the
32    construction  of  any  sewerage  system must be in accordance
33    with the plans and specifications.  In case it  is  necessary
34    or  desirable  to  make  material  changes  in  the  plans or
 
SB1506 Engrossed            -3-               LRB9205181MWdvA
 1    specifications, the revised plans or specifications, together
 2    with the reasons for the proposed changes, must be  submitted
 3    to the sanitary district for a supplemental written permit.
 4        (e)  The  sanitary  district,  acting through the general
 5    superintendent, may require any owner of  a  sewerage  system
 6    discharging   into   the  sewerage  system  of  the  sanitary
 7    district, to file with it complete plans of the whole  or  of
 8    any  part of the system and any other information and records
 9    concerning the installation and operation of the system.
10        (f)  The sanitary district, acting  through  the  general
11    superintendent,  may  establish  procedures for the review of
12    any plans, specifications, or  other  data  relative  to  any
13    sewerage  system,  written  permits for which are required by
14    this Act.
15        (g)  The sanitary district, acting  through  the  general
16    superintendent,  may  adopt and enforce rules and regulations
17    governing the issuance of permits and the method  and  manner
18    under  which  plans,  specifications,  or other data relative
19    thereto must be submitted for the  sewerage  systems  or  for
20    additions or changes to or extensions of the systems.
21        (h)  After  a hearing on an alleged violation of any such
22    ordinance, the Board may, in addition to  any  civil  penalty
23    imposed, order any person found to have committed a violation
24    to  reimburse  the  sanitary  district  for  the costs of the
25    hearing, including  any  expenses  incurred  for  inspection,
26    sampling,   analysis,   administrative   costs,   and   court
27    reporter's  and  attorney's fees.  The Board of Commissioners
28    may also require a person  to  achieve  compliance  with  the
29    ordinance   within   a   specified   period   of   time.  The
30    Administrative Review Law, and the rules adopted  under  that
31    Law,  shall  govern  proceedings  for  the judicial review of
32    final orders of the Board of Commissioners issued under  this
33    subsection.
34        (i)  Civil  penalties  and costs imposed pursuant to this
 
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 1    Section are recoverable by the sanitary district in  a  civil
 2    action.   The sanitary district is authorized to apply to the
 3    circuit court for injunctive relief or mandamus when, in  the
 4    opinion  of the general superintendent, the person has failed
 5    to comply with an order of the Board of Commissioners or  the
 6    relief  is  necessary  to  protect the sewerage system of the
 7    sanitary district.
 8        (j)  The  operation  and  maintenance  of  any   existing
 9    sanitary sewerage system serving territory that is annexed by
10    a  municipality  located  in  a  county  with a population of
11    3,000,000 or more after the effective date of this amendatory
12    Act of the 92nd General Assembly is the responsibility of the
13    municipality to which the territory is  annexed,  unless  the
14    sanitary sewerage system is under the jurisdiction of another
15    unit of local government other than the District.
16    (Source: P.A. 90-354, eff. 8-8-97.)

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

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