| ||||
| Public Act 097-1000 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Sanitary District Act of 1917 is amended by | ||||
changing Section 7 as follows:
| ||||
(70 ILCS 2405/7) (from Ch. 42, par. 306)
| ||||
Sec. 7.
The board of trustees of any sanitary district | ||||
organized under this
Act shall have power to provide for the | ||||
disposal of the sewage thereof
including the sewage and | ||||
drainage of any incorporated city, town or village
within the | ||||
boundaries of such district and to save and preserve the water
| ||||
supplied to the inhabitants of such district from contamination | ||||
and for
that purpose may construct and maintain an enclosed | ||||
conduit or conduits,
main pipe or pipes, wholly or partially | ||||
submerged, buried or otherwise, and
by means of pumps or | ||||
otherwise cause such sewage to flow or to be forced
through | ||||
such conduit or conduits, pipe or pipes to and into any ditch | ||||
or
canal constructed and operated by any other sanitary | ||||
district, after having
first acquired the right so to do, or | ||||
such board may provide for the
drainage of such district by | ||||
laying out, establishing, constructing and
maintaining one or | ||||
more channels, drains, ditches and outlets, for carrying
off | ||||
and disposing of the drainage (including the sewage) of such | ||||
district
together with such adjuncts and additions thereto as | ||
may be necessary or
proper to cause such channels or outlets to | ||
accomplish the end for which
they are designed, in a | ||
satisfactory manner, including pumps and pumping
stations and | ||
the operation of the same. Such board may also treat and
purify | ||
such sewage so that when the same shall flow into any lake or | ||
other
water-course, it will not injuriously contaminate the | ||
waters thereof, and
may adopt any other feasible method to | ||
accomplish the object for which such
sanitary district may be | ||
created, and may also provide means whereby the
sanitary | ||
district may reach and procure supplies of water for diluting | ||
and
flushing purposes; provided, however, that nothing herein | ||
contained shall
be construed to empower or authorize such board | ||
of trustees to operate a
system of waterworks for the purposes | ||
of furnishing or delivering water to
any such municipality or | ||
to the inhabitants thereof. Nothing in this Act
shall require a | ||
sanitary district to extend service to any individual
residence | ||
or other building within the district, and it is the intent of
| ||
the Illinois General Assembly that any construction | ||
contemplated by this
Section shall be restricted to | ||
construction of works and main or
interceptor sewers, conduits, | ||
channels and similar facilities, but not
individual service | ||
lines. Nothing in this Act
contained shall authorize the | ||
trustees to flow the sewage of such district
into Lake | ||
Michigan.
| ||
Every such sanitary district shall proceed as rapidly as is | ||
reasonably
possible to provide sewers and a plant or plants for | ||
the treatment and
purification of its sewage, which plant or | ||
plants shall be of suitable kind
and sufficient capacity to | ||
properly treat and purify such sewage so as to
conduce to the | ||
preservation of the public health, comfort and convenience
and | ||
to render the sewage harmless, insofar as is reasonably | ||
possible, to
animal, fish and plant life. Any violation of this | ||
proviso and any failure
to observe and follow same, by any | ||
sanitary district organized under this
Act, shall be held, and | ||
is hereby declared, to be a business offense and
fined on the | ||
part of the sanitary district not less than $1,000 nor more
| ||
than $10,000, and the trustees thereof may be ousted from | ||
office as
trustees of the district by an order of the court | ||
before whom the cause is
heard. Upon the complaint of the | ||
Environmental Protection Agency it shall
be the duty of the | ||
Pollution Control Board to cause the foregoing
provisions to be | ||
enforced in accordance with Section 31 of the
"Environmental | ||
Protection Act". Nothing in this Act contained shall be
| ||
construed as superseding or in any manner limiting the | ||
provisions of the
"Environmental Protection Act".
| ||
The board of trustees of any sanitary district formed under | ||
this Act may also enter into an agreement to sell, convey, or | ||
disburse treated wastewater to any public or private entity | ||
located within or outside of the boundaries of the sanitary | ||
district. Any use of treated wastewater by any public or | ||
private entity shall be subject to the orders of the Pollution | ||
Control Board. The agreement may not exceed 20 years. | ||
In providing works for the disposal of industrial sewage, | ||
commonly
called industrial wastes, in the manner above provided | ||
whether the
industrial sewage is disposed of in combination | ||
with municipal sewage or
independently, the Sanitary District | ||
shall have power to apportion and
collect therefor, from the | ||
producer thereof, fair additional construction,
maintenance | ||
and operating costs over and above those covered by normal
| ||
taxes, and in case of dispute as to the fairness of such | ||
additional
construction, maintenance and operating costs, then | ||
the same shall be
determined by a board of three engineers, one | ||
appointed by the sanitary
district, one appointed by such | ||
producer or producers or their legal
representatives, and the | ||
third to be appointed by the two engineers selected
as above | ||
described. In the event the two engineers so selected shall | ||
fail
to agree upon a third engineer then upon the petition of | ||
either of the
parties the circuit judge shall appoint such | ||
third engineer. A decision of
a majority of the board shall be | ||
binding on both parties and the cost of
the services of the | ||
board shall be shared by both parties equally.
| ||
In providing works, including the main pipes referred to | ||
above, for the
disposal of raw sewage, in the manner above | ||
provided, whether such sewage
is disposed of in combination | ||
with municipal sewage or independently, the
Sanitary District | ||
shall have power to collect a fair and reasonable charge
for | ||
connection to its system in addition to those charges covered | ||
by normal
taxes, for the construction, expansion and extension | ||
of the works of the
system, the charge to be assessed against | ||
new or additional users of the
system and to be known as a | ||
connection charge. Such construction,
expansion and extension | ||
of the works of the system shall include proposed
or existing | ||
collector systems and may, at the discretion of such District,
| ||
include connections by individual properties. The charge for | ||
connection
shall be determined by the District and may equal or | ||
exceed the actual cost
to the District of the construction, | ||
expansion or extension of the works of
the system required by | ||
the connection. The funds thus collected
shall be used by the | ||
Sanitary District for its general corporate purposes
with | ||
primary application thereof being made by the necessary | ||
expansion of
the works of the system to meet the requirements | ||
of the new users thereof.
| ||
(Source: P.A. 85-1209.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||