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Public Act 099-0669 |
HB4492 Enrolled | LRB099 15785 AWJ 40092 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Special Assessment Supplemental Bond and |
Procedures Act is amended by changing Section 10 as follows:
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(50 ILCS 460/10)
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Sec. 10. Definitions. As used in this Act,
unless the |
context or usage clearly indicates otherwise:
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"Governing body" means the legislative body, council, |
board,
commission, trustees, or any other body by whatever name |
it is
known having charge of the corporate affairs of a |
governmental
unit.
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"Governmental unit" means a county, township, |
municipality,
municipal corporation, unit of local government, |
or a special
district, by whatever name known, authorized by |
any special
assessment law to make local improvements by |
special assessment.
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"Special assessment bond" means any instrument evidencing |
the
obligation to pay money authorized or issued by or on |
behalf of a
governmental unit under a special assessment law or |
under this
Act, being payable from assessments made under a |
special
assessment law, and when applicable, as supplemented by |
this Act.
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"Special assessment law" means any law of the State of |
Illinois
authorizing governmental units to make local |
improvements payable
wholly or in part by special assessment, |
and includes, without
limitation, Division 2 of Article 9 of |
the Illinois Municipal
Code, Division 5-32 of Article 5 of the |
Counties Code, Section 21
of the North Shore Water Reclamation |
Sanitary District Act, Section 19 of the
Sanitary District Act |
of 1917, Sections 22a.1 through 22a.55 of
the Sanitary District |
Act of 1917, and Section 28 of the Sanitary
District Act of |
1936.
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"Special assessment proceeding" means the proceeding by |
any
governmental unit under a special assessment law to provide |
for
the making of a specific local improvement by special |
assessment.
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"Special assessment ordinance" means an ordinance, or when
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applicable a resolution, as provided for by any special
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assessment law by which the governing body institutes, calls |
for,
or provides for the making of a local improvement to be |
paid by
the imposition of a special assessment pursuant to such |
special
assessment law.
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"Supplemental Act Assessment Bonds" are those special |
assessment
bonds issued under Section 100 of this Act.
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"Voucher" means any voucher issued under a special |
assessment law
for work done in connection with the making of a |
local
improvement.
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(Source: P.A. 90-480, eff. 8-17-97.)
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Section 10. The North Shore Sanitary District Act is |
amended by changing Sections 0.1, 3, 4, and 11 and by adding |
Sections 0.5, 7.6, 7.7, 18.5, and 31 as follows:
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(70 ILCS 2305/0.1) (from Ch. 42, par. 276.99)
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Sec. 0.1.
This Act shall be known and may be cited as the |
"North Shore Water Reclamation
Sanitary District Act".
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(Source: P.A. 77-699.)
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(70 ILCS 2305/0.5 new) |
Sec. 0.5. Sanitary district references. On and after the |
date the sanitary district renames itself under Section 4 of |
this Act, any references to "sanitary district" in this Act |
shall mean "water reclamation district".
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(70 ILCS 2305/3) (from Ch. 42, par. 279)
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Sec. 3. Election of trustees; terms. The corporate |
authority of the North Shore Water Reclamation Sanitary |
District
shall consist of 5 trustees.
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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
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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
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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,
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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.
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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.
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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 |
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 |
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used to determine which 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.
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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, 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.
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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
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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.
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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 |
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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.
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(Source: P.A. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
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(70 ILCS 2305/4) (from Ch. 42, par. 280)
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Sec. 4. Board of trustees; powers; compensation. The |
trustees shall
constitute a board of trustees for the district.
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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, and attorney, and |
may provide
by ordinance for the employment of 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 |
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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
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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
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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 |
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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.
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The board of trustees shall have the authority to change |
the name of the District, by ordinance, to the North Shore |
Water Reclamation District. Any such name change shall not |
impair the legal status of any act by the sanitary district. If |
an ordinance is passed pursuant to this paragraph, all |
provisions of this Act shall apply to the newly renamed |
district . No rights, duties, or privilege of such sanitary |
district or of any person existing before the change of name |
shall be affected by the change in the name of the sanitary |
district. All proceedings pending in any court relating to such |
sanitary district may continue to final consummation under the |
name in which they were commenced .
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(Source: P.A. 98-162, eff. 8-2-13.)
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(70 ILCS 2305/7.6 new) |
Sec. 7.6. Rates for treatment and disposal of sewage and |
surface or ground water. The board of trustees shall have the |
authority by ordinance to establish, revise, and maintain rates |
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or charges for the treatment and disposal of sewage and surface |
or ground water. Any user charge, industrial waste surcharge, |
or industrial cost recovery charge imposed by the sanitary |
district, together with all penalties, interest, and costs |
imposed in connection therewith, shall be liens against the |
real estate which receives the service or benefit for which the |
charges are being imposed; provided, however, such liens shall |
not attach to such real estate until such charges or rates have |
become delinquent as provided by the ordinance of the sanitary |
district and provided further, that nothing in this Section |
shall be construed to give the sanitary district a preference |
over the rights of any purchaser, mortgagee, judgment creditor, |
or other lien holder arising prior to the filing in the office |
of the recorder of the county in which real estate is located |
of notice of the lien, which notice shall consist of a sworn |
statement setting out (1) a description of the real estate for |
which the service or the benefit was rendered sufficient to |
identify the real estate, (2) the amount or amounts of money |
due for such service or benefit, and (3) the date or dates when |
such amount or amounts became delinquent. The sanitary district |
shall have the power to foreclose such lien in the same manner |
and with the same effect as in the foreclosure of mortgages on |
real estate. |
The assertion of liens against real estate by the sanitary |
district to secure payment of user charges, industrial waste |
surcharges, or industrial cost recovery charges imposed by the |
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sanitary district as indicated in the previous paragraph shall |
be in addition to any other remedy or right of recovery which |
the sanitary district may have with respect to the collection |
or recovery of such charges imposed by the sanitary district. |
Judgment in a civil action brought by the sanitary district to |
recover or collect such charges shall not operate as a release |
and waiver of the lien upon the real estate for the amount of |
the judgment. Only satisfaction of the judgment or the filing |
of a release or satisfaction of lien shall release said lien. |
The lien for charges on account of services or benefits |
provided for in this Section and the rights created hereunder |
shall be in addition to the lien upon real estate created by |
and imposed for general real estate taxes. |
(70 ILCS 2305/7.7 new) |
Sec. 7.7. Discharge into sewers of the sanitary district. |
(a) As used in this Section: |
"Executive director" means the executive director of the |
sanitary district. |
"Industrial wastes" means all solids, liquids, or gaseous |
wastes resulting from any commercial, industrial, |
manufacturing, agricultural, trade, or business operation or |
process, or from the development, recovery, or processing of |
natural resources. |
"Other wastes" means decayed wood, sawdust, shavings, |
bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, |
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and all other substances except sewage and industrial wastes. |
"Person" means any individual, firm, association, joint |
venture, sole proprietorship, company, partnership, estate |
copartnership, corporation, joint stock company, trust, school |
district, unit of local government, or private corporation |
organized or existing under the laws of this or any other state |
or country. |
"Sewage" means water-carried human wastes or a combination |
of water-carried wastes from residences, buildings, |
businesses, industrial establishments, institutions, or other |
places together with any ground, surface, storm, or other water |
that may be present. |
(b) It shall be unlawful for any person to discharge |
sewage, industrial waste, or other wastes into the sewerage |
system of the sanitary district or into any sewer tributary |
therewith, except upon the terms and conditions that the |
sanitary district might reasonably impose by way of ordinance, |
permit, rule, or regulation. |
The sanitary district, in addition to all other powers |
vested in it and in the interest of public health and safety, |
or as authorized by subsections (b) and (c) of Section 46 of |
the Environmental Protection Act, is hereby empowered to pass |
all ordinances, rules, or regulations necessary to implement |
this Section, including, but not limited to, the imposition of |
charges based on factors that influence the cost of treatment, |
including strength and volume, and including the right of |
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access during reasonable hours to the premises of a person for |
enforcement of adopted ordinances, rules, or regulations. |
(c) Whenever the sanitary district, acting through the |
executive director, determines that sewage, industrial wastes, |
or other wastes are being discharged into the sewerage system |
and when, in the opinion of the executive director, the |
discharge is in violation of an ordinance, rules, or |
regulations adopted by the board of trustees under this Section |
governing industrial wastes or other wastes, the executive |
director shall order the offending party to cease and desist. |
The order shall be served by certified mail or personally on |
the owner, officer, registered agent, or individual designated |
by permit. |
In the event the offending party fails or refuses to |
discontinue the discharge within 90 days after notification of |
the cease and desist order, the executive director may order |
the offending party to show cause before the board of trustees |
of the sanitary district why the discharge should not be |
discontinued. A notice shall be served on the offending party |
directing him, her, or it to show cause before the board of |
trustees why an order should not be entered directing the |
discontinuance of the discharge. The notice shall specify the |
time and place where a hearing will be held and shall be served |
personally or by registered or certified mail at least 10 days |
before the hearing; and, in the case of a unit of local |
government or a corporation, the service shall be upon an |
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officer or agent thereof. After reviewing the evidence, the |
board of trustees may issue an order to the party responsible |
for the discharge, directing that within a specified period of |
time the discharge be discontinued. The board of trustees may |
also order the party responsible for the discharge to pay a |
civil penalty in an amount specified by the board of trustees |
that is not less than $1,000 nor more than $2,000 per day for |
each day of discharge of effluent in violation of this Act as |
provided in subsection (d). The board of trustees may also |
order the party responsible for the violation to pay court |
reporter costs and hearing officer fees in an amount not |
exceeding $3,000. |
(d) The board of trustees shall establish procedures for |
assessing civil penalties and issuing orders under subsection |
(c) as follows: |
(1) In making its orders and determinations, the board |
of trustees shall take into consideration all the facts and |
circumstances bearing on the activities involved and the |
assessment of civil penalties as shown by the record |
produced at the hearing. |
(2) The board of trustees shall establish a panel of |
one or more independent hearing officers to conduct all |
hearings on the assessment of civil penalties and issuance |
of orders under subsection (c). All hearing officers shall |
be attorneys licensed to practice law in this State. |
(3) The board of trustees shall promulgate procedural |
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rules governing the proceedings, the assessment of civil |
penalties, and the issuance of orders. |
(4) All hearings shall be on the record, and testimony |
taken must be under oath and recorded stenographically. |
Transcripts so recorded must be made available to any |
member of the public or any party to the hearing upon |
payment of the usual charges for transcripts. At the |
hearing, the hearing officer may issue, in the name of the |
board of trustees, notices of hearing requesting the |
attendance and testimony of witnesses, the production of |
evidence relevant to any matter involved in the hearing, |
and may examine witnesses. |
(5) The hearing officer shall conduct a full and |
impartial hearing on the record, with an opportunity for |
the presentation of evidence and cross-examination of the |
witnesses. The hearing officer shall issue findings of |
fact, conclusions of law, a recommended civil penalty, and |
an order based solely on the record. The hearing officer |
may also recommend, as part of the order, that the |
discharge of industrial waste be discontinued within a |
specified time. |
(6) The findings of fact, conclusions of law, |
recommended civil penalty, and order shall be transmitted |
to the board of trustees along with a complete record of |
the hearing. |
(7) The board of trustees shall either approve or |
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disapprove the findings of fact, conclusions of law, |
recommended civil penalty, and order. If the findings of |
fact, conclusions of law, recommended civil penalty, or |
order are rejected, the board of trustees shall remand the |
matter to the hearing officer for further proceedings. If |
the order is accepted by the board of trustees, it shall |
constitute the final order of the board of trustees. |
(8) The civil penalty specified by the board of |
trustees shall be paid within 35 days after the party on |
whom it is imposed receives a written copy of the order of |
the board of trustees, unless the person or persons to whom |
the order is issued seeks judicial review. |
(9) If a person seeks judicial review of the order |
assessing civil penalties, the person shall, within 35 days |
after the date of the final order, pay the amount of the |
civil penalties into an escrow account maintained by the |
sanitary district for that purpose or file a bond |
guaranteeing payment of the civil penalties if the civil |
penalties are upheld on review. |
(10) Civil penalties not paid by the times specified |
above shall be delinquent and subject to a lien recorded |
against the property of the person ordered to pay the |
penalty. The foregoing provisions for asserting liens |
against real estate by the sanitary district shall be in |
addition to any other remedy or right of recovery that the |
sanitary district may have with respect to the collection |
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or recovery of penalties and charges imposed by the |
sanitary district. Judgment in a civil action brought by |
the sanitary district to recover or collect the charges |
shall not operate as a release and waiver of the lien upon |
the real estate for the amount of the judgment. Only |
satisfaction of the judgment or the filing of a release or |
satisfaction of lien shall release the lien. |
(e) The executive director may order a person to cease the |
discharge of industrial waste upon a finding by the executive |
director that the final order of the board of trustees entered |
after a hearing to show cause has been violated. The executive |
director shall serve the person with a copy of his or her order |
either by certified mail or personally by serving the owner, |
officer, registered agent, or individual designated by permit. |
The order of the executive director shall also schedule an |
expedited hearing before a hearing officer designated by the |
board of trustees for the purpose of determining whether the |
person has violated the final order of the board of trustees. |
The board of trustees shall adopt rules of procedure governing |
expedited hearings. In no event shall the hearing be conducted |
less than 7 days after service of the executive director's |
order. |
At the conclusion of the expedited hearing, the hearing |
officer shall prepare a report with his or her findings and |
recommendations and transmit it to the board of trustees. If |
the board of trustees, after reviewing the findings and |
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recommendations, and the record produced at the hearing, |
determines that the person has violated the board of trustees' |
final order, the board of trustees may authorize the plugging |
of the sewer. The executive director shall give not less than |
10 days' written notice of the board of trustees' order to the |
owner, officer, registered agent, or individual designated by |
permit, as well as the owner of record of the real estate and |
other parties known to be affected, that the sewer will be |
plugged. |
The foregoing provision for plugging a sewer shall be in |
addition to any other remedy that the sanitary district may |
have to prevent violation of its ordinances and orders of its |
board of trustees. |
(f) A violation of the final order of the board of trustees |
shall be considered a nuisance. If any person discharges |
sewage, industrial wastes, or other wastes into any waters |
contrary to the final order of the board of trustees, the |
sanitary district, acting through the executive director, has |
the power to commence an action or proceeding in the circuit |
court in and for the county in which the sanitary district is |
located for the purpose of having the discharge stopped either |
by mandamus or injunction, or to remedy the violation in any |
manner provided for in this Section. |
The court shall specify a time, not exceeding 20 days after |
the service of the copy of the complaint, in which the party |
complained of must plead to the complaint, and in the meantime, |
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the party may be restrained. In case of default or after |
pleading, the court shall immediately inquire into the facts |
and circumstances of the case and enter an appropriate judgment |
in respect to the matters complained of. Appeals may be taken |
as in other civil cases. |
(g) The sanitary district, acting through the executive |
director, has the power to commence an action or proceeding for |
mandamus or injunction in the circuit court ordering a person |
to cease its discharge, when, in the opinion of the executive |
director, the person's discharge presents an imminent danger to |
the public health, welfare, or safety; presents or may present |
an endangerment to the environment; or threatens to interfere |
with the operation of the sewerage system or a water |
reclamation plant under the jurisdiction of the sanitary |
district. The initiation of a show cause hearing is not a |
prerequisite to the commencement by the sanitary district of an |
action or proceeding for mandamus or injunction in the circuit |
court. The court shall specify a time, not exceeding 20 days |
after the service of a copy of the petition, in which the party |
complained of must answer the petition, and in the meantime, |
the party may be restrained. In case of default in answer or |
after answer, the court shall immediately inquire into the |
facts and circumstances of the case and enter an appropriate |
judgment order in respect to the matters complained of. An |
appeal may be taken from the final judgment in the same manner |
and with the same effect as appeals are taken from judgment of |
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the circuit court in other actions for mandamus or injunction. |
(h) Whenever the sanitary district commences an action |
under subsection (f) of this Section, the court shall assess a |
civil penalty of not less than $1,000 nor more than $10,000 for |
each day the person violates the board of trustees' order. |
Whenever the sanitary district commences an action under |
subsection (g) of this Section, the court shall assess a civil |
penalty of not less than $1,000 nor more than $10,000 for each |
day the person violates the ordinance. Each day's continuance |
of the violation is a separate offense. The penalties provided |
in this Section plus interest at the rate set forth in the |
Interest Act on unpaid penalties, costs, and fees, imposed by |
the board of trustees under subsection (d); the reasonable |
costs to the sanitary district of removal or other remedial |
action caused by discharges in violation of this Act; |
reasonable attorney's fees; court costs; other expenses of |
litigation; and costs for inspection, sampling, analysis, and |
administration related to the enforcement action against the |
offending party are recoverable by the sanitary district in a |
civil action. |
(i) The board of trustees may establish fees for late |
filing of reports with the sanitary district required by an |
ordinance governing discharges. The sanitary district shall |
provide by certified mail a written notice of the fee |
assessment that states the person has 30 days after the receipt |
of the notice to request a conference with the executive |
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director's designee to discuss or dispute the appropriateness |
of the assessed fee. Unless a person objects to paying the fee |
for filing a report late by timely requesting in writing a |
conference with a designee of the executive director, that |
person waives his or her right to a conference and the sanitary |
district may impose a lien recorded against the property of the |
person for the amount of the unpaid fee. |
If a person requests a conference and the matter is not |
resolved at the conference, the person subject to the fee may |
request an administrative hearing before an impartial hearing |
officer appointed under subsection (d) to determine the |
person's liability for and the amount of the fee.
If the |
hearing officer finds that the late filing fees are owed to the |
sanitary district, the sanitary district shall notify the |
responsible person or persons of the hearing officer's |
decision. If payment is not made within 30 days after the |
notice, the sanitary district may impose a lien on the property |
of the person or persons. |
Any liens filed under this subsection shall apply only to |
the property to which the late filing fees are related. A claim |
for lien shall be filed in the office of the recorder of the |
county in which the property is located. The filing of a claim |
for lien by the sanitary district does not prevent the sanitary |
district from pursuing other means for collecting late filing |
fees. If a claim for lien is filed, the sanitary district shall |
notify the person whose property is subject to the lien, and |
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the person may challenge the lien by filing an action in the |
circuit court. The action shall be filed within 90 days after |
the person receives the notice of the filing of the claim for |
lien. The court shall hear evidence concerning the underlying |
reasons for the lien only if an administrative hearing has not |
been held under this subsection. |
(j) To be effective service under this Section, a demand or |
order sent by certified or registered mail to the last known |
address need not be received by the offending party. Service of |
the demand or order by registered or certified mail shall be |
deemed effective upon deposit in the United States mail with |
proper postage prepaid and addressed as provided in this |
Section. |
(k) The provisions of the Administrative Review Law and all |
amendments and rules adopted pursuant to that Law apply to and |
govern all proceedings for the judicial review of final |
administrative decisions of the board of trustees in the |
enforcement of any ordinance, rule, or regulation adopted under |
this Act. The cost of preparing the record on appeal shall be |
paid by the person seeking a review of an order or action |
pursuant to the Administrative Review Law. |
(l) The provisions of this Section are severable under |
Section 1.31 of the Statute on Statutes.
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(70 ILCS 2305/11) (from Ch. 42, par. 287)
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Sec. 11. Except as otherwise provided in this Section, all |
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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, 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 be less than $40,000,
nor more than |
$350,000.
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. 98-162, eff. 8-2-13.)
|
(70 ILCS 2305/18.5 new) |
Sec. 18.5. Contracts. The sanitary district may enter into |
contracts with municipalities or other parties outside the |
sanitary district that may request service from the sanitary |
district at higher rates than the existing rates for like |
consumers within the sanitary district to allow the sanitary |
district to obtain a fair return to cover the costs of |
financing, constructing, operating, and maintaining its |
facilities. In the event that thereafter such rates are not |
agreed upon by the parties or are not otherwise provided for by |
contract, such rates shall be fixed and determined by the |
circuit court of Lake County after a petition has been filed |
with that court. |
(70 ILCS 2305/31 new) |
Sec. 31. Resource recovery. |
(a) As used in this Section: |
"Recovered resources" means any material produced by or |
extracted from the operation of sanitary district facilities, |
including, but not limited to: |
(1) solids, including solids from the digestion |
|
process, semi-solids, or liquid materials; |
(2) gases, including biogas, carbon dioxide, and |
methane; |
(3) nutrients; |
(4) algae; |
(5) treated effluent; and |
(6) thermal energy or hydropower. |
"Renewable energy facility" shall have the same meaning as |
a facility defined under Section 5 of the Renewable Energy |
Production District Act. |
"Renewable energy resources" means resources as defined |
under Section 1-10 of the Illinois Power Agency Act. |
"Resource recovery" means the recovery of material or |
energy from waste as defined under Section 3.435 of the |
Environmental Protection Act. |
(b) The General Assembly finds that: |
(1) technological advancements in wastewater treatment |
have resulted in the ability to capture recovered resources |
and produce renewable energy resources from material |
previously discarded; |
(2) the capture and beneficial reuse of recovered |
resources and the production of renewable energy resources |
serve a wide variety of environmental benefits including, |
but not limited to, improved water quality, reduction of |
greenhouse gases, reduction of carbon footprint, reduction |
of landfill usage, reduced usage of hydrocarbon-based |
|
fuels, return of nutrients to the food cycle, and reduced |
water consumption; |
(3) the sanitary district is a leader in the field of |
wastewater treatment and possesses the expertise and |
experience necessary to capture and beneficially reuse or |
prepare for beneficial reuse recovered resources, |
including renewable energy resources; and |
(4) the sanitary district has the opportunity and |
ability to change the approach to wastewater treatment from |
that of a waste material to be disposed of to one of a |
collection of resources to be recovered, reused, and sold, |
with the opportunity to provide the sanitary district with |
additional sources of revenue and reduce operating costs. |
(c) The sanitary district may sell or otherwise dispose of |
recovered resources or renewable energy resources resulting |
from the operation of sanitary district facilities, and may |
construct, maintain, finance, and operate such activities, |
facilities, and other works as are necessary for that purpose. |
(d) The sanitary district may take in materials which are |
used in the generation of usable products from recovered |
resources, or which increase the production of renewable energy |
resources, including, but not limited to, food waste, organic |
fraction of solid waste, commercial or industrial organic |
wastes, fats, oils, greases, and vegetable debris. |
(e) The authorizations granted to the sanitary district |
under this Section shall not be construed as modifying or |
|
limiting any other law or regulation. Any actions taken |
pursuant to the authorities granted in this Section must be in |
compliance with all applicable laws and regulations, |
including, but not limited to, the Environmental Protection |
Act, and rules adopted under that Act. |
Section 15. The Sanitary District Act of 1917 is amended by |
changing Section 17.1 as follows:
|
(70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)
|
Sec. 17.1. Acquiring district or municipal treatment |
works.
|
(a) After incorporation, any district organized under this |
Act may, in
accordance with this Act and an intergovernmental |
agreement with the sanitary
district being acquired or the |
municipality from whom the treatment works and
lines are to be |
acquired, acquire the territory, treatment works, lines,
|
appurtenances, and other property of (i) any sanitary district |
organized under
this Act, the Sanitary District Act of 1907, |
the North Shore Water Reclamation Sanitary District
Act, the |
Sanitary District Act of 1936, or the Metro-East Sanitary |
District Act
of 1974 or (ii) any municipality whose treatment |
works were established under
the Illinois Municipal Code or the |
Municipal Wastewater Disposal Zones Act,
regardless of whether |
that district or municipality is contiguous to the
acquiring |
sanitary district. The distance between the sanitary district |
|
being
acquired or municipality and the acquiring sanitary |
district, however, as
measured between the points on their |
corporate boundaries that are nearest to
each other, shall not |
exceed 20 miles. In the case of a municipality, only that
|
property used by the municipality for transport, treatment, and |
discharge of
wastewater and for disposal of sewage sludge shall |
be transferred to the
acquiring sanitary district.
|
(b) The board of trustees of the sanitary district being |
acquired, or
the corporate authorities of a municipality whose |
treatment works is being
acquired, shall, jointly with the |
board of trustees of the acquiring sanitary
district, petition |
the circuit court of the county containing all or the larger
|
portion of the sanitary district being acquired or the |
municipality to permit
the acquisition. The petition shall show |
the following:
|
(1) The reason for the acquisition.
|
(2) That there are no debts of the sanitary district |
being
acquired or municipality outstanding, or that there |
are sufficient funds on
hand or available to satisfy those |
debts.
|
(3) That no contract or federal or State permit or |
grant will be
impaired by the acquisition.
|
(4) That all assets and responsibilities of the |
sanitary district being
acquired or municipality, as they |
relate to wastewater treatment, have been
properly |
assigned to the acquiring sanitary district.
|
|
(5) That the acquiring sanitary district will pay any |
court costs
incurred in connection with the petition.
|
(6) The boundaries of the acquired sanitary district or |
municipality as
of the date of the petition.
|
(c) Upon adequate notice, including appropriate notice to |
the Illinois
Environmental Protection Agency, the circuit |
court shall hold a hearing to
determine whether there is good |
cause for the acquisition by the acquiring
district and whether |
the allegations of the petition are true. If the court
finds |
that there is good cause and that the allegations are true, it |
shall
order the acquisition to proceed. If the court finds that |
there is not good
cause for the acquisition or that the |
allegations of the petition are not true,
the court shall |
dismiss the petition. In either event, the costs shall be taxed
|
against the acquiring sanitary district. The order shall be |
final. Separate or
joint appeals may be taken by any party |
affected by the order as in other civil
cases.
|
(d) If the court orders the acquisition contemplated in the |
petition,
there shall be no further appointments of trustees if |
the acquired agency
is a sanitary district. The trustees of the |
acquired sanitary district acting
at the time of the order |
shall close up the business affairs of the sanitary
district |
and make the necessary conveyances of title to the sanitary |
district
property in accordance with the intergovernmental |
agreement between the
acquiring and acquired sanitary |
districts. In the case of a municipality, the
governing body of |
|
the municipality shall make the necessary conveyances of
title |
to municipal property to the acquiring sanitary district in |
accordance
with the intergovernmental agreement between the |
municipality and the acquiring
sanitary district. The |
acquiring sanitary district's ordinances take effect in
the |
acquired territory upon entry of the order.
|
(e) The acquisition of any sanitary district by another |
sanitary
district or the acquisition of a treatment works from |
a municipality by
another sanitary district shall not affect |
the obligation of any bonds
issued or contracts entered into by |
the acquired sanitary district or
the municipality, nor |
invalidate the levy, extension, or collection of any
taxes or |
special assessments upon a property in the acquired sanitary |
district,
but all those bonds and contracts shall be |
discharged. The general obligation
indebtedness of the |
acquired sanitary district shall be paid from the proceeds
of |
continuing taxes and special assessments as provided in this |
Act.
|
All money remaining after the business affairs of the |
acquired sanitary
district or acquired treatment works of the |
municipality have been closed up
and all debts and obligations |
of the entities paid shall be paid to the
acquiring sanitary |
district in accordance with the intergovernmental agreement
|
between the parties.
|
(f) The board of trustees of the acquiring sanitary |
district required to
provide sewer service under this Act may |
|
levy and collect, for that purpose, a
tax on the taxable |
property within that district. The aggregate amount of the
tax |
shall be as provided in this Act.
|
(g) Any intergovernmental agreement entered into by the |
parties
under this Section shall provide for the imposition or |
continuance of a
user charge system in accordance with the |
acquiring district's ordinance,
the Illinois Environmental |
Protection Act, and the federal Clean Water Act.
|
(h) All courts shall take judicial notice of the |
acquisition of the
sanitary district being acquired or |
municipal treatment works by the acquiring
sanitary district.
|
(Source: P.A. 87-1060.)
|
Section 20. The Eminent Domain Act is amended by changing |
Section 15-5-15 as follows: |
(735 ILCS 30/15-5-15)
|
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 |
through 75. The following provisions of law may include express |
grants of the power to acquire property by condemnation or |
eminent domain: |
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport |
authorities; for public airport facilities.
|
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport |
authorities; for removal of airport hazards.
|
|
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
authorities; for reduction of the height of objects or |
structures.
|
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate |
airport authorities; for general purposes.
|
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority |
Act; Kankakee River Valley Area Airport Authority; for |
acquisition of land for airports.
|
(70 ILCS 200/2-20); Civic Center Code; civic center |
authorities; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
District Civic Center Authority; for grounds, centers, |
buildings, and parking.
|
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
|
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/60-30); Civic Center Code; Collinsville |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/80-15); Civic Center Code; DuPage County |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
|
(70 ILCS 200/120-25); Civic Center Code; Jefferson County |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County |
Civic Center Authority; for grounds, centers, buildings, |
and parking.
|
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan |
Civic Center Authority; for grounds, centers, buildings, |
and parking.
|
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/165-35); Civic Center Code; Melrose Park |
Metropolitan Exposition Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan |
Exposition, Auditorium and Office Building Authorities; |
for general purposes.
|
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
|
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City |
Civic Center Authority; for grounds, centers, buildings, |
and parking.
|
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/230-35); Civic Center Code; River Forest |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
|
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/255-20); Civic Center Code; Springfield |
Metropolitan Exposition and Auditorium Authority; for |
grounds, centers, and parking.
|
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan |
Exposition, Auditorium and Office Building Authority; for |
grounds, centers, buildings, and parking.
|
(70 ILCS 200/265-20); Civic Center Code; Vermilion County |
Metropolitan Exposition, Auditorium and Office Building |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center |
Authority; for grounds, centers, buildings, and parking.
|
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic |
Center Authority; for grounds, centers, buildings, and |
parking.
|
(70 ILCS 200/280-20); Civic Center Code; Will County |
Metropolitan Exposition and Auditorium Authority; for |
grounds, centers, and parking.
|
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority |
Act; Metropolitan Pier and Exposition Authority; for |
general purposes, including quick-take power.
|
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act; |
soil and water conservation districts; for general |
purposes.
|
(70 ILCS 410/10 and 410/12); Conservation District Act; |
conservation districts; for open space, wildland, scenic |
|
roadway, pathway, outdoor recreation, or other |
conservation benefits.
|
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center |
Redevelopment Commission Act; Chanute-Rantoul National |
Aviation Center Redevelopment Commission; for general |
purposes. |
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; |
Fort Sheridan Redevelopment Commission; for general |
purposes or to carry out comprehensive or redevelopment |
plans.
|
(70 ILCS 520/8); Southwestern Illinois Development Authority |
Act; Southwestern Illinois Development Authority; for |
general purposes, including quick-take power.
|
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; |
drainage districts; for general purposes.
|
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act; |
corporate authorities; for construction and maintenance of |
works.
|
(70 ILCS 705/10); Fire Protection District Act; fire protection |
districts; for general purposes.
|
(70 ILCS 750/20); Flood Prevention District Act; flood |
prevention districts; for general purposes. |
(70 ILCS 805/6); Downstate Forest Preserve District Act; |
certain forest preserve districts; for general purposes.
|
(70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
certain forest preserve districts; for recreational and |
|
cultural facilities.
|
(70 ILCS 810/8); Cook County Forest Preserve District Act; |
Forest Preserve District of Cook County; for general |
purposes.
|
(70 ILCS 810/38); Cook County Forest Preserve District Act; |
Forest Preserve District of Cook County; for recreational |
facilities.
|
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital |
districts; for hospitals or hospital facilities.
|
(70 ILCS 915/3); Illinois Medical District Act; Illinois |
Medical District Commission; for general purposes.
|
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois |
Medical District Commission; quick-take power for the |
Illinois State Police Forensic Science Laboratory |
(obsolete).
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(70 ILCS 920/5); Tuberculosis Sanitarium District Act; |
tuberculosis sanitarium districts; for tuberculosis |
sanitariums.
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(70 ILCS 925/20); Mid-Illinois
Medical District Act; |
Mid-Illinois
Medical District; for general purposes.
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(70 ILCS 930/20); Mid-America Medical District Act; |
Mid-America Medical District Commission; for general |
purposes. |
(70 ILCS 935/20); Roseland Community Medical District Act; |
medical district; for general purposes. |
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
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abatement districts; for general purposes.
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(70 ILCS 1105/8); Museum District Act; museum districts; for |
general purposes.
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(70 ILCS 1205/7-1); Park District Code; park districts; for |
streets and other purposes.
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(70 ILCS 1205/8-1); Park District Code; park districts; for |
parks.
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(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park |
districts; for airports and landing fields.
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(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park |
districts; for State land abutting public water and certain |
access rights.
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(70 ILCS 1205/11.1-3); Park District Code; park districts; for |
harbors.
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(70 ILCS 1225/2); Park Commissioners Land Condemnation Act; |
park districts; for street widening.
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(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control |
Act; park districts; for parks, boulevards, driveways, |
parkways, viaducts, bridges, or tunnels.
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(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; |
park districts; for boulevards or driveways.
|
(70 ILCS 1290/1); Park District Aquarium and Museum Act; |
municipalities or park districts; for aquariums or |
museums.
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(70 ILCS 1305/2); Park District Airport Zoning Act; park |
districts; for restriction of the height of structures.
|
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(70 ILCS 1310/5); Park District Elevated Highway Act; park |
districts; for elevated highways.
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(70 ILCS 1505/15); Chicago Park District Act; Chicago Park |
District; for parks and other purposes.
|
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park |
District; for parking lots or garages.
|
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park |
District; for harbors.
|
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation |
Act; Lincoln Park Commissioners; for land and interests in |
land, including riparian rights.
|
(70 ILCS 1801/30); Alexander-Cairo Port District Act; |
Alexander-Cairo Port District; for general purposes. |
(70 ILCS 1805/8); Havana Regional Port District Act; Havana |
Regional Port District; for general purposes.
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(70 ILCS 1810/7); Illinois International Port District Act; |
Illinois International Port District; for general |
purposes.
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(70 ILCS 1815/13); Illinois Valley Regional Port District Act; |
Illinois Valley Regional Port District; for general |
purposes.
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(70 ILCS 1820/4); Jackson-Union Counties Regional Port |
District Act; Jackson-Union Counties Regional Port |
District; for removal of airport hazards or reduction of |
the height of objects or structures.
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(70 ILCS 1820/5); Jackson-Union Counties Regional Port |
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District Act; Jackson-Union Counties Regional Port |
District; for general purposes.
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(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet |
Regional Port District; for removal of airport hazards.
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(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet |
Regional Port District; for reduction of the height of |
objects or structures.
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(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet |
Regional Port District; for removal of hazards from ports |
and terminals.
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(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet |
Regional Port District; for general purposes.
|
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; |
Kaskaskia Regional Port District; for removal of hazards |
from ports and terminals.
|
(70 ILCS 1830/14); Kaskaskia Regional Port District Act; |
Kaskaskia Regional Port District; for general purposes.
|
(70 ILCS 1831/30); Massac-Metropolis Port District Act; |
Massac-Metropolis Port District; for general purposes. |
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. |
Carmel Regional Port District; for removal of airport |
hazards.
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(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. |
Carmel Regional Port District; for reduction of the height |
of objects or structures.
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(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
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Carmel Regional Port District; for general purposes.
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(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port |
District; for general purposes. |
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca |
Regional Port District; for removal of airport hazards.
|
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca |
Regional Port District; for reduction of the height of |
objects or structures.
|
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca |
Regional Port District; for general purposes.
|
(70 ILCS 1850/4); Shawneetown Regional Port District Act; |
Shawneetown Regional Port District; for removal of airport |
hazards or reduction of the height of objects or |
structures.
|
(70 ILCS 1850/5); Shawneetown Regional Port District Act; |
Shawneetown Regional Port District; for general purposes.
|
(70 ILCS 1855/4); Southwest Regional Port District Act; |
Southwest Regional Port District; for removal of airport |
hazards or reduction of the height of objects or |
structures.
|
(70 ILCS 1855/5); Southwest Regional Port District Act; |
Southwest Regional Port District; for general purposes. |
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City |
Regional Port District; for removal of airport hazards.
|
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City |
Regional Port District; for the development of facilities.
|
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(70 ILCS 1863/11); Upper Mississippi River International Port |
District Act; Upper Mississippi River International Port |
District; for general purposes. |
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port |
District; for removal of airport hazards.
|
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port |
District; for restricting the height of objects or |
structures.
|
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port |
District; for the development of facilities.
|
(70 ILCS 1870/8); White County Port District Act; White County |
Port District; for the development of facilities.
|
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad |
Terminal Authority (Chicago); for general purposes.
|
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority |
Act; Grand Avenue Railroad Relocation Authority; for |
general purposes, including quick-take power (now |
obsolete). |
(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act; |
Elmwood Park Grade Separation Authority; for general |
purposes.
|
(70 ILCS 2105/9b); River Conservancy Districts Act; river |
conservancy districts; for general purposes.
|
(70 ILCS 2105/10a); River Conservancy Districts Act; river |
conservancy districts; for corporate purposes.
|
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
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districts; for corporate purposes.
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(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary |
districts; for improvements and works.
|
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary |
districts; for access to property.
|
(70 ILCS 2305/8); North Shore Water Reclamation Sanitary |
District Act; North Shore Water Reclamation Sanitary |
District; for corporate purposes.
|
(70 ILCS 2305/15); North Shore Water Reclamation Sanitary |
District Act; North Shore Water Reclamation Sanitary |
District; for improvements.
|
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary |
District of Decatur; for carrying out agreements to sell, |
convey, or disburse treated wastewater to a private entity.
|
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary |
districts; for corporate purposes.
|
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary |
districts; for improvements.
|
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of |
1917; sanitary districts; for waterworks.
|
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
districts; for public sewer and water utility treatment |
works.
|
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary |
districts; for dams or other structures to regulate water |
flow.
|
|
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act; |
Metropolitan Water Reclamation District; for corporate |
purposes.
|
(70 ILCS 2605/16); Metropolitan Water Reclamation District |
Act; Metropolitan Water Reclamation District; quick-take |
power for improvements.
|
(70 ILCS 2605/17); Metropolitan Water Reclamation District |
Act; Metropolitan Water Reclamation District; for bridges.
|
(70 ILCS 2605/35); Metropolitan Water Reclamation District |
Act; Metropolitan Water Reclamation District; for widening |
and deepening a navigable stream.
|
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary |
districts; for corporate purposes.
|
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary |
districts; for improvements.
|
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; |
sanitary districts; for drainage systems.
|
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
districts; for dams or other structures to regulate water |
flow.
|
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
districts; for water supply.
|
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
districts; for waterworks.
|
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; |
Metro-East Sanitary District; for corporate purposes.
|
|
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; |
Metro-East Sanitary District; for access to property.
|
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary |
districts; for sewerage systems.
|
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act; |
Illinois Sports Facilities Authority; quick-take power for |
its corporate purposes (obsolete).
|
(70 ILCS 3405/16); Surface Water Protection District Act; |
surface water protection districts; for corporate |
purposes.
|
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago |
Transit Authority; for transportation systems.
|
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago |
Transit Authority; for general purposes.
|
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago |
Transit Authority; for general purposes, including |
railroad property.
|
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
local mass transit districts; for general purposes.
|
(70 ILCS 3615/2.13); Regional Transportation Authority Act; |
Regional Transportation Authority; for general purposes.
|
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public |
water districts; for waterworks.
|
(70 ILCS 3705/23a); Public Water District Act; public water |
districts; for sewerage properties.
|
(70 ILCS 3705/23e); Public Water District Act; public water |
|
districts; for combined waterworks and sewerage systems.
|
(70 ILCS 3715/6); Water Authorities Act; water authorities; for |
facilities to ensure adequate water supply.
|
(70 ILCS 3715/27); Water Authorities Act; water authorities; |
for access to property.
|
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library |
trustees; for library buildings.
|
(75 ILCS 16/30-55.80); Public Library District Act of 1991; |
public library districts; for general purposes.
|
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate |
authorities of city or park district, or board of park |
commissioners; for free public library buildings.
|
(Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; |
incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
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