Public Act 098-0162
 
SB1954 EnrolledLRB098 10296 OMW 40481 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The North Shore Sanitary District Act is amended  
by changing Sections 3, 4, 7, 7.1, 9, 11, and 20 as follows:
 



    (70 ILCS 2305/3)  (from Ch. 42, par. 279)


    Sec. 3. Election of trustees; terms. The corporate 
authority of the North Shore Sanitary District
shall consist of 
5 trustees.

    Within 20 days after the adoption of the Act, as provided 
in Section
1, the county governing body shall proceed to divide 
the sanitary
district into 5 wards for the purpose of electing 
trustees. One trustee shall
be elected for each ward on the 
date of the next regular county election.  In
each sanitary 
district organized pursuant to the provisions of this Act prior

to the effective date of this amendatory Act of 1975, one 
trustee shall be
elected for each ward on the date of the 
regular county election in the year
1976. However, the 
population in no one ward shall be less than 1/6 of the

population of the whole district and the territory in each of 
the wards
shall be composed of contiguous territory in as 
compact form as
practicable.  A portion of each ward shall abut 
the west shore of Lake
Michigan and the boundaries of the 
respective wards shall coincide with
precinct boundaries and 
the boundaries of existing municipalities as
nearly as 
practicable.  In the year 1981, and every 10 years thereafter,

the sanitary district board of trustees shall reapportion the 
district, so that
the respective wards shall conform as nearly 
as practicable with the above
requirements as to population, 
shape and territory.

    All trustees
elected from 1994 through 2011 shall assume 
office on the first Monday in
December following the general 
election. All trustees elected in 2012 or thereafter shall 
assume office on the second Wednesday in December following the 
general election. 

    In the year 1982, and every 10 years thereafter, following 
each
decennial Federal census, all 5 trustees shall be elected.  
Immediately
following each decennial redistricting, the 
sanitary district board of
trustees shall be randomly divided 
divide the wards into 2 groups, one of which shall consist of 3

wards and the other shall consist of 2 wards.  A random process 
shall again be used to determine which trustees Trustees from 
one group shall
serve terms of 4 years, 4 years and 2 years; 
and which trustees from the other group
shall serve terms of 2 
years, 4 years and 4 years.

    Each of the trustees, upon entering the duties of their 
respective offices, shall execute a bond with security, in the 
amount and form to be approved by the corporate authorities, 
payable to the district, in the penal sum of not less than 
$250,000.00, $10,000.00, as directed by resolution or 
ordinance, conditioned upon the faithful performance of the 
duties of the office. Each bond shall be filed with and 
preserved by the board secretary.

    When a vacancy exists in the office of trustees of any 
sanitary
district organized under the provisions of this Act, 
the vacancy shall
be filled by appointment by the president of 
the sanitary district board
of trustees, with the advice and 
consent of the sanitary district board of
trustees, until the 
next regular election at which trustees of the sanitary

district are elected, and shall be made a matter of record in 
the office of the
county clerk in the county in which the 
district is located.

    A majority of the board of trustees shall constitute a 
quorum, but a
smaller number may adjourn from day to day.  No 
trustee or employee of
the district shall be directly or 
indirectly interested in any
contract, work or business of the 
district, or the sale of any article,
the expense, price or 
consideration of which is paid by the district;
nor in the 
purchase of any real estate or other property belonging to
the 
district, or which shall be sold for taxes or assessments, or 
by
virtue of legal process at the suit of the district.  The 
trustees have
the power to provide and adopt a corporate seal 
for the district.

(Source: P.A. 97-500, eff. 8-23-11.)

 



    (70 ILCS 2305/4)  (from Ch. 42, par. 280)



    Sec. 4. Board of trustees; powers; compensation. The 
trustees shall
constitute a board of trustees for the district.

The board of trustees is the corporate authority of the 
district, and
shall exercise all the powers and manage and 
control all the affairs and
property of the district. The board 
shall elect a president and
vice-president from among their own 
number. In case of the death,
resignation, absence from the 
state, or other disability of the
president, the powers, duties 
and emoluments of the office of the
president shall devolve 
upon the vice-president, until the disability
is removed or 
until a successor to the president is appointed and chosen
in 
the manner provided in this Act. The board may select a 
secretary,
treasurer, executive director, chief engineer, 
superintendent and attorney, and may provide
by ordinance for 
the employment of such clerks and other employees as
the board 
may deem necessary for the municipality. The board may appoint

such other officers and hire such employees to manage and 
control the
operations of the district as it deems necessary; 
provided, however, that the
board shall not employ an 
individual as a wastewater operator whose Certificate
of 
Technical Competency is suspended or revoked under rules 
adopted by the
Pollution Control Board under item (4) of 
subsection (a) of Section 13 of the
Environmental Protection 
Act.  All employees
selected by the board shall hold their 
respective offices during the
pleasure of the board, and give 
such bond as may be required by the
board. The board may 
prescribe the duties and fix the compensation of
all the 
officers and employees of the sanitary district. However, the

president of the board of trustees shall not receive more than 
$10,000 per
year and the other members of the board shall not 
receive more than $7,000
per year. However, beginning with the 
commencement of the new term of each
board member in 1993, the 
president shall not receive more than $11,000 per
year and each 
other member of the board shall not receive more than $8,000

per year. Beginning with the commencement of the first new term 
after the effective date of this amendatory Act of the 95th 
General Assembly, the president of the board shall not receive 
more than $14,000 per year, and each other member of the board 
shall not receive more than $11,000 per year. The board of 
trustees has full power to pass all necessary
ordinances, rules 
and regulations for the proper management and conduct of
the 
business of the board and of the corporation, and for carrying 
into
effect the objects for which the sanitary district was 
formed.  The
ordinances may provide for a fine for each offense 
of not less than $100 or
more than $1,000.  Each day's 
continuance of a violation shall be a
separate offense.  Fines 
under this Section are recoverable by the sanitary
district in 
a civil action.  The sanitary district is authorized to apply
to 
the circuit court for injunctive relief or mandamus when, in 
the opinion
of the chief administrative officer, the relief is 
necessary
to protect the sewerage system of the sanitary 
district.

    The board of trustees shall have the authority to change 
the name of the District, by ordinance, to the North Shore 
Water Reclamation District.  If an ordinance is passed pursuant 
to this paragraph, all provisions of this Act shall apply to 
the newly renamed district.

(Source: P.A. 95-607, eff. 9-11-07.)

 



    (70 ILCS 2305/7)  (from Ch. 42, par. 283)



    Sec. 7. Powers of the board of trustees. The board of 
trustees of any sanitary district organized under
this Act may 
provide for the treatment disposal of the sewage thereof and 
save and
preserve the water supplied to the inhabitants of such 
district from
contamination.
For that purpose the board may 
construct and maintain an enclosed conduit
or conduits, main 
pipes, wholly or partially submerged, buried or otherwise,
and 
by means of pumps or otherwise cause such sewage to flow or to 
be forced
through such conduit or conduits, pipe or pipes to 
and into any ditch or
canal constructed and operated by any 
other sanitary district, after having
first acquired the right 
so to do. Such board may provide for the drainage
of such 
district by laying out, establishing, constructing and 
maintaining
one or more channels, drains, ditches and outlets 
for carrying off and
disposing
of the drainage (including the 
sewage) of such district, together with such
adjuncts and 
additions thereto as may be necessary or proper to cause such

channels or outlets to accomplish the end for which they are 
designed, in
a satisfactory manner, including pumps and pumping

stations and the operation of the same.  Such board shall 
provide suitable
and modernly equipped sewage treatment 
disposal works or plants for the separation
and treatment 
disposal of all solids and deleterious matter from the liquids, 
and
shall treat and purify the residue of such sewage so that 
when it flows
into any lake, it will not injuriously 
contaminate the waters thereof. The
board shall adopt any 
feasible method to accomplish the object for which
such 
sanitary district may be created, and may also provide means 
whereby
the sanitary district may reach and procure supplies of 
water for diluting
and flushing purposes.  The board of trustees 
of any sanitary district formed under this Act may also enter 
into an agreement to sell, convey, or disburse treated 
wastewater to any public or private entity located within or 
outside of the boundaries of the sanitary district. Any use of 
treated wastewater by any public or private entity shall be 
subject to the orders of the Pollution Control Board.  The 
agreement may not exceed 20 years. 
    Nothing set forth in this Section may be construed
to 
empower, authorize or require such board of trustees to operate 
a system
of water works for the purpose of furnishing or 
delivering water to any
such municipality or to the inhabitants 
thereof without payment therefor
at such rates as the board may 
determine.  Nothing in this Act shall
require a sanitary 
district to extend service to any individual residence
or other 
building within the district, and it is the intent of the 
Illinois
General Assembly that any construction contemplated 
by this Section shall
be restricted to construction of works 
and main or interceptor sewers,
conduits, channels and similar 
facilities, but not individual service
lines.  Nothing in this 
Act contained
authorizes the trustees to flow the sewage of 
such district into Lake Michigan.
Any such plan for sewage 
disposal by any sanitary district organized hereunder
is 
prohibited, unless such sewage has been treated and purified as 
provided
in this Section, all laws of the Federal government 
relating to the pollution
of navigable waters have been 
complied with, the approval of plans and
constructions of 
outlets and connection with any of the streams or navigable

bodies of water within or bordering upon the State has been 
obtained from the
Department of Natural Resources of the State.  
The
discharge
of any sewage from any such district into any of 
the streams or navigable
bodies of water within or bordering 
upon the State is subject to the orders
of the Pollution 
Control Board.  Nothing in this Act contained may be construed

as superseding or in any manner limiting the provisions of the 
Environmental
Protection Act.

    After the construction of such sewage disposal plant, if 
the board finds
that it will promote the prevention of 
pollution of waters of the State,
such board of trustees may 
adopt ordinances or rules and regulations,
prohibiting
or 
regulating the discharge to sewers of inadmissible wastes or 
substances
toxic to biological wastewater treatment processes. 
Inadmissible wastes
include those which create a fire or 
explosion hazard in the sewer or treatment
works; those which 
will impair the hydraulic capacity of sewer systems;
and those 
which in any quantity, create a hazard to people, sewer 
systems,
treatment processes, or receiving waters.  Substances 
that may be toxic to
wastewater treatment processes include 
copper, chromium, lead, zinc, arsenic
and nickel and any 
poisonous compounds such as cyanide or radioactive wastes
which 
pass through wastewater treatment plants in hazardous 
concentrations
and menace users of the receiving waters. Such 
ordinances or rules and
regulations shall be effective 
throughout the sanitary district, in the
incorporated areas as 
well as the
unincorporated areas and all public sewers therein.

(Source: P.A. 97-500, eff. 8-23-11.)

 



    (70 ILCS 2305/7.1)  (from Ch. 42, par. 283.1)



    Sec. 7.1. 
In providing works for the treatment disposal of 
industrial sewage,
commonly called industrial wastes, whether 
the industrial sewage is
disposed of in combination with 
municipal sewage or independently, the
sanitary district has 
power to apportion and collect therefore, 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 an arbitration board
of 3 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 2 engineers selected as above 
described. In the event
the 2 engineers so selected 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 arbitration board 
shall be
binding on both parties and the cost of the services 
of the arbitration
board shall be shared by both parties 
equally. Such decision is an
administrative decision and is 
subject to judicial review as provided in
the Administrative 
Review Law.

    In providing works, including the main pipes referred to in 
Section 7,
for the treatment disposal of raw sewage, in the 
manner provided in this Act, whether
such sewage is treated 
disposed of in combination with municipal sewage or

independently, the sanitary district has 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. 85-480; 85-782.)

 



    (70 ILCS 2305/9)  (from Ch. 42, par. 285)



    Sec. 9. 
The corporation may borrow money for corporate 
purposes and
may issue bonds therefor, but shall not become 
indebted, in any manner,
or for any purpose, to an amount in 
the aggregate to exceed 4.50% 5.75% on the
valuation of taxable 
property therein, to be ascertained by the last
assessment for 
state and county taxes previous to the incurring of such

indebtedness or, until January 1, 1983, if greater, the sum 
that is
produced by multiplying the district's 1978 equalized 
assessed valuation
by the debt limitation percentage in effect 
on January 1, 1979.
Whenever the board of trustees of such 
district desires to issue bonds
hereunder they shall certify 
the question to the proper election officials
who shall submit 
the question at an election to be held in such
district in 
accordance with the general election law.  In addition
to the 
requirements of the general election
law, the notice of 
election shall state the amount of bonds to
be issued. The 
result of the election shall be
entered upon the records of the 
district.  If it shall appear that a
majority of the voters 
voting at the election on the question shall have
voted in 
favor of the issue of the bonds, the board of trustees shall

order and direct the execution of the bonds for and on behalf 
of the
district.  All bonds issued hereunder shall mature in not 
exceeding 20
annual installments.  The question
shall be in 
substantially the following form:

-------------------------------------------------------------

    Proposition to issue bonds       YES

of..... district to the       -------------------------------

amount of..... dollars.             NO

-------------------------------------------------------------

    Provided that the corporation may borrow money for 
corporate
purposes, and may issue bonds therefor, without 
holding an election or
referendum upon the question, if the 
corporation or the board of
trustees thereof has been directed 
by an order issued by the circuit
court or by an administrative 
agency of the State of Illinois having
jurisdiction to issue 
such order, to abate its discharge of untreated or
inadequately 
treated sewage, and such borrowing is deemed necessary by
the 
board of trustees of the Sanitary District to make possible

compliance with such order.  The amount of money that the 
corporation
may borrow to abate such sewage discharge shall be 
limited to that
required for that purpose plus such reasonable 
future expansion as shall
be approved by the court or an 
administrative agency of the State of
Illinois having 
jurisdiction.  The ordinance providing for such bonds
shall set 
out the fact that such bonds are deemed necessary to make

possible compliance with the order, and shall be published or 
posted in
the manner provided in this Act for publication or 
posting of ordinances
making appropriations.  The ordinance 
shall be in full force and effect
after its adoption and 
publication or posting, as herein provided,
notwithstanding 
any provision in this Act or any other law to the
contrary.

(Source: P.A. 81-1489.)

 



    (70 ILCS 2305/11)  (from Ch. 42, par. 287)


    Sec. 11. Except as otherwise provided in this Section, all 
contracts
for purchases or sales by the municipality, the 
expense of which will exceed
the mandatory competitive bid 
threshold, shall be let to the
lowest responsible bidder 
therefor upon not less
than 14 days' public notice of the terms 
and conditions upon which the contract
is to be let, having 
been given by publication in a newspaper of general
circulation 
published in the district, and the board may reject any and all

bids and readvertise. In determining the lowest responsible 
bidder, the board
shall take into consideration the qualities 
and serviceability of the articles
supplied, their conformity 
with specifications, their suitability to the
requirements of 
the district, the availability of support services, the

uniqueness of the service, materials, equipment, or supplies as 
it applies to
network integrated computer systems, the 
compatibility of the service,
materials, equipment or supplies 
with existing equipment, and the delivery
terms. Contracts for 
services in excess of the mandatory competitive bid
threshold 
may, subject to the
provisions of this Section, be let by 
competitive bidding at the discretion of
the district board of 
trustees.  All contracts for purchases or sales that
will not 
exceed the mandatory competitive bid threshold may be made in 
the open market without publication in a
newspaper as above 
provided, but whenever practical shall be based on at least
3 
competitive bids.  For purposes of this Section, the "mandatory 
competitive
bid threshold"
is a dollar amount equal to 0.1% of 
the total general fixed
assets of the district as reported in 
the most recent required audit report.
In
no event, however, 
shall the mandatory competitive bid threshold dollar amount
be 
less than $10,000, nor more than $40,000.

    Cash, a cashier's check, a
certified check, or a bid
bond 
with adequate surety approved by the board of trustees as a 
deposit of
good faith, in a reasonable amount, but not in 
excess of 10% of the contract
amount, may be required of each 
bidder by the district on all bids involving
amounts in excess 
of the mandatory competitive bid threshold and, if so
required, 
the advertisement for bids shall so specify.

    Contracts which by their nature are not adapted to award by 
competitive
bidding, including, without limitation, contracts 
for the services of
individuals, groups or firms possessing a 
high degree of professional skill
where the ability or fitness 
of the individual or organization plays an
important part, 
contracts for financial management services undertaken

pursuant to "An Act relating to certain investments of public 
funds by
public agencies", approved July 23, 1943, as now or 
hereafter amended,
contracts for the purchase or sale of 
utilities, contracts for commodities including supply 
contracts for natural gas and electricity, contracts for 
materials
economically procurable only from a single source of 
supply, contracts for services, supplies, materials, parts, or 
equipment which are available only from a single source or 
contracts for maintenance, repairs, OEM supplies, or OEM parts 
from the manufacturer or from a source authorized by the 
manufacturer, contracts for
the use, purchase, delivery, 
movement, or installation of
data processing equipment, 
software, or services and telecommunications and
interconnect 
equipment, software, or services, contracts for duplicating

machines and supplies, contracts for goods or services procured 
from another
governmental agency, purchases of equipment 
previously owned by an entity
other than the district itself, 
purchases of used equipment, purchases at auction or similar 
transactions which by their very nature are not suitable to 
competitive bids, and leases of real property where the 
sanitary
district is the lessee shall not be subject to the 
competitive bidding
requirements of this Section.

    The District may use a design-build procurement method for 
any public project which shall not be subject to the 
competitive bidding requirements of this Section provided the 
Board of Trustees approves the contract for the public project 
by a vote of 4 of the 5 trustees. For the purposes of this 
Section, "design-build" means a delivery system that provides 
responsibility within a single contract for the furnishing of 
architecture, engineering, land surveying and related services 
as required, and the labor, materials, equipment, and other 
construction services for the project. 
    In the case of an emergency affecting the public health or 
safety so declared
by the Board of Trustees of the municipality 
at a meeting thereof
duly convened, which declaration shall 
require the affirmative vote of four
of the five Trustees 
elected, and shall set forth the nature of the
danger to the 
public health or safety, contracts totaling not more than the

emergency contract cap
may be let to the extent necessary to

resolve such emergency
without public advertisement or 
competitive bidding.
For purposes of this Section, the dollar 
amount of an emergency contract shall not "emergency contract 
cap" is a dollar
amount equal to 0.4% of the total general 
fixed assets of
the
district as reported in the most recent 
required audit report.
In no event,
however, shall the 
emergency contract cap dollar amount be less than $40,000,
nor 
more than $350,000 $250,000.
The Resolution
or Ordinance in 
which such declaration is embodied shall fix the date upon

which such emergency shall terminate which date may be extended 
or abridged
by the Board of Trustees as in their judgment the 
circumstances require.  A
full written account of any such 
emergency, together with a requisition for the
materials, 
supplies, labor or equipment required therefor shall be 
submitted
immediately upon completion and shall be open to 
public inspection for a
period of at least one year subsequent 
to the date of such emergency purchase.
Within 30 days after 
the passage of the resolution or ordinance declaring an

emergency
affecting the public health or safety, the 
municipality shall submit to the
Illinois
Environmental 
Protection Agency the full written account of any such 
emergency
along
with a copy of the resolution or ordinance 
declaring the emergency, in
accordance with
requirements as may 
be provided by rule.

    To address operating emergencies not affecting the public 
health or safety,
the
Board of Trustees shall authorize, in 
writing, officials or employees of the
sanitary
district to 
purchase in the open market and without advertisement any 
supplies,
materials,
equipment, or services for immediate 
delivery to meet the bona fide operating
emergency, without 
filing a requisition or estimate therefor, in an amount not
in 
excess of
$100,000; provided that the Board of Trustees must be 
notified of the operating
emergency.  A full, written account of 
each operating emergency and a
requisition for the
materials, 
supplies, equipment, and services required to meet the 
operating
emergency
must be immediately submitted by the 
officials or employees authorized to make
purchases to the

Board of
Trustees.  The account must be available for public 
inspection for a period of
at least one
year after the date of 
the operating emergency purchase. The exercise of
authority 
with
respect to purchases for a bona fide operating emergency 
is not dependent on a
declaration of an operating emergency by 
the Board of Trustees.

    The competitive bidding requirements of this Section do not 
apply to contracts, including contracts for both materials and 
services incidental thereto, for the repair or replacement of a 
sanitary district's treatment plant, sewers, equipment, or 
facilities damaged or destroyed as the result of a sudden or 
unexpected occurrence, including, but not limited to, a flood, 
fire, tornado, earthquake, storm, or other natural or man-made 
disaster, if the board of trustees determines in writing that 
the awarding of those contracts without competitive bidding is 
reasonably necessary for the sanitary district to maintain 
compliance with a permit issued under the National Pollution 
Discharge Elimination System (NPDES) or any successor system or 
with any outstanding order relating to that compliance issued 
by the United States Environmental Protection Agency, the 
Illinois Environmental Protection Agency, or the Illinois 
Pollution Control Board. The authority to issue contracts 
without competitive bidding
pursuant to this paragraph expires 
6 months after the date of the
writing determining that the 
awarding of contracts without competitive bidding is 
reasonably necessary. 
    No Trustee shall be interested, directly or indirectly, in 
any contract,
work or business of the municipality, or in the 
sale of any article, whenever
the expense, price or 
consideration of the contract work, business or sale is
paid 
either from the treasury or by any assessment levied by any 
Statute or
Ordinance.  No Trustee shall be interested, directly 
or indirectly, in the
purchase of any property which (1) 
belongs to the municipality, or (2) is sold
for taxes or 
assessments of the municipality, or (3) is sold by virtue of 
legal
process in the suit of the municipality.

    A contract for any work or other public improvement, to be 
paid for in
whole or in part by special assessment or special 
taxation, shall be entered
into and the
performance thereof 
controlled by the provisions of Division 2 of
Article 9 of the 
"Illinois Municipal Code", approved May 29, 1961, as
heretofore 
or hereafter amended, as near as may be. However, contracts
may 
be let for making proper and suitable connections between the 
mains
and outlets of the respective sanitary sewers in the 
district with any
conduit, conduits, main pipe or pipes that 
may be constructed by such
sanitary district.

(Source: P.A. 95-607, eff. 9-11-07; 96-49, eff. 1-1-10.)

 



    (70 ILCS 2305/20)  (from Ch. 42, par. 296)



    Sec. 20. 
(a) The board of trustees of any such sanitary 
district shall have
power and authority to prevent the 
pollution of any waters from which a
water supply may be 
obtained by any city, town or village within said
district, and 
shall have the right and power to appoint and support a

sufficient police force, the members of which may have and 
exercise police
powers over the territory within such drainage 
district, and over the
waters from which said water supply may 
be obtained, for a distance of
three miles from the shore 
thereof, for the purpose of preventing the
pollution of said 
waters, and any interference with any of the property of
such 
drainage district; but such police officers when acting within 
the
limits of any such city, town or village, shall act in aid 
of the regular
police force thereof, and shall then be subject 
to the direction of its
chief of police, city or village 
marshals or other head thereof: Provided,
that in so doing they 
shall not be prevented or hindered from executing the
orders 
and authority of said board of trustees of such drainage 
district:
Provided, further, that before compelling a change in 
any method of
disposal of sewage so as to prevent the said 
pollution of any water, the
board of trustees of such district 
shall first provide some other method of
sewage treatment 
disposal.

    (b) The board of trustees of any sanitary district 
organized under
this Act is authorized to apply to the circuit 
court for injunctive relief
or mandamus when, in the opinion of 
the board of trustees, such relief is
necessary to prevent the 
pollution of any waters from which a water supply
may be 
obtained by any municipality within the district.

    (c) The sanitary district shall have the power and 
authority to
prevent the pollution of any waters
from which a 
water supply may be obtained by any city, town or village.
The 
sanitary district, acting through the chief administrative 
officer of
such sanitary district, shall have the power to 
commence an action or
proceeding in the circuit court in and 
for the county in which the district
is located for the purpose 
of having the pollution stopped and prevented
either by 
mandamus or injunction.  The court shall specify a time, not

exceeding 20 days after the service of the copy of the 
petition, in which
the party complained of must answer the 
petition, and in the meantime, the
party 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 order in respect to the matters

complained of.  An appeal may be taken in the same
manner and 
with the same effect as appeals are taken
in other actions for 
mandamus or injunction.

(Source: P.A. 85-1136.)

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