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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2626eng HB2626 Engrossed LRB9104923PTpk 1 AN ACT concerning sanitation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Sections 11-141-7 and 11-141-16 as follows: 6 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7) 7 Sec. 11-141-7. Powers. The corporate authorities of any 8 municipality that owns and operates or that may hereafter own 9 and operate a sewerage system constructed or acquired under 10 the provisions of any law of this state may make, enact, and 11 enforce all needful rules, regulations, and ordinances for 12 the improvement, care, and protection of its sewerage system 13 and any other sewer or sewerage system, located outside the 14 corporate boundary of the municipality and not owned by it, 15 that directly or indirectly connects with the municipality's 16 sewerage system, which may be conducive to the preservation 17 of the public health, comfort, and convenience, and may 18 render the sewage carried in the sewerage system of the 19 municipality harmless in so far as it is reasonably possible 20 to do so. 21 The corporate authorities of such a municipality may, by 22 ordinance, charge the inhabitants thereof for the use and 23 service of its sewerage system whether by direct or indirect 24 connection therewith within or without the corporate 25 boundary, and to establish charges or rates for that purpose. 26 The corporate authorities of such a municipality may by 27 ordinance charge the users thereof, whether they be inside of 28 or outside of the municipality, for the use and service of 29 its sewerage system whether by direct or indirect connection 30 therewith, within or without the corporate boundary, and may 31 establish charges or rates for that purpose, provided however HB2626 Engrossed -2- LRB9104923PTpk 1 that where such users are residents of another municipality 2 with whom there is a contract for use and service of the 3 sewerage system, then such charges or rates shall be made in 4 accordance with the terms of the contract, either directly to 5 the users or to the contracting municipality as may be 6 provided by the provisions of the contract. In making such 7 rates and charges the municipality may provide for a rate to 8 the outside users in excess of the rate fixed for the 9 inhabitants of said municipality as may be reasonable. Where 10 bonds are issued as provided in Sections 11-141-2 and 11 11-141-3, the corporate authorities shall establish rates or 12 charges as provided in this section, and these charges or 13 rates shall be sufficient at all times to pay the cost of 14 operation and maintenance, to provide an adequate 15 depreciation fund, and to pay the principal of and interest 16 upon all revenue bonds issued under Sections 11-141-2 and 17 11-141-3. 18 A depreciation fund is a fund for such replacements as 19 may be necessary from time to time for the continued 20 effective and efficient operation of the system. The 21 depreciation fund shall not be allowed to accumulate beyond a 22 reasonable amount necessary for that purpose, and shall not 23 be used for extensions to the system. 24 Charges or rates shall be established, revised, and 25 maintained by ordinance and become payable as the corporate 26 authorities may determine by ordinance. 27 Such charges or rates are liens upon the real estate upon 28 or for which sewerage service is supplied whenever the 29 charges or rates become delinquent as provided by the 30 ordinance of the municipality fixing a delinquency date. A 31 lien is created under the preceding sentence only if the 32 municipality sends to the owner or owners of record, as 33 referenced by the taxpayer's identification number, of the 34 real estate (i) a copy of each delinquency notice sent to the HB2626 Engrossed -3- LRB9104923PTpk 1 person who is delinquent in paying the charges or rates or 2 other notice sufficient to inform the owner or owners of 3 record, as referenced by the taxpayer's identification 4 number, that the charges or rates have become delinquent and 5 (ii) a notice that unpaid charges or rates may create a lien 6 on the real estate under this Section. However, the 7 municipality has no preference over the rights of any 8 purchaser, mortgagee, judgment creditor, or other lien holder 9 arising prior to the filing of the notice of such a lien in 10 the office of the recorder of the county in which such real 11 estate is located, or in the office of the registrar of 12 titles of such county if the property affected is registered 13 under "An Act concerning land titles", approved May 1, 1897, 14 as amended. This notice shall consist of a sworn statement 15 setting out (1) a description of such real estate sufficient 16 for the identification thereof, (2) the amount of money due 17 for such sewerage service, and (3) the date when such amount 18 became delinquent. The municipality shall send a copy of the 19 notice of the lien to the owner or owners of record of the 20 real estate, as referenced by the taxpayer's identification 21 number. The municipality has the power to foreclose this lien 22 in the same manner and with the same effect as in the 23 foreclosure of mortgages on real estate. 24 Except in counties with a population of more than 250,000 25 where the majority of the municipal sewerage system users are 26 located outside of the municipality's corporate limits, the 27 payment of delinquent charges for sewerage service to any 28 premises may be enforced by discontinuing either the water 29 service or the sewerage service to that premises, or both. A 30 rate or charge is delinquent if it is more than 30 days 31 overdue. Any public or municipal corporation or political 32 subdivision of the State furnishing water service to a 33 premises (i) shall discontinue that service upon receiving 34 written notice from the municipality providing sewerage HB2626 Engrossed -4- LRB9104923PTpk 1 service that payment of the rate or charge for sewerage 2 service to the premises has become delinquent and (ii) shall 3 not resume water service until receiving a similar notice 4 that the delinquency has been removed. The provider of 5 sewerage service shall not request discontinuation of water 6 service before sending a notice of the delinquency to the 7 sewer user and affording the user an opportunity to be heard. 8 An investor-owned public utility providing water service 9 within a municipality that provides sewerage service may 10 contract with the municipality to discontinue water service 11 to a premises with respect to which the payment of a rate or 12 charge for sewerage service has become delinquent. The 13 municipality shall reimburse the privately owned public 14 utility, public or municipal corporation, or political 15 subdivision of the State for the reasonable cost of the 16 discontinuance and the resumption of water service, any lost 17 water service revenues, and the costs of discontinuing water 18 service. The municipality shall indemnify the privately owned 19 public utility, public or municipal corporation, or political 20 subdivision of the State for any judgment and related 21 attorney's fees resulting from an action based on any 22 provision of this paragraph. 23 The municipality also has the power, from time to time, 24 to sue the occupant or user of that real estate in a civil 25 action to recover money due for sewerage services, plus a 26 reasonable attorney's fee, to be fixed by the court. However, 27 whenever a judgment is entered in such a civil action, the 28 foregoing provisions in this section with respect to filing 29 sworn statements of such delinquencies in the office of the 30 recorder and creating a lien against the real estate shall 31 not be effective as to the charges sued upon and no lien 32 shall exist thereafter against the real estate for the 33 delinquency. Judgment in such a civil action operates as a 34 release and waiver of the lien upon the real estate for the HB2626 Engrossed -5- LRB9104923PTpk 1 amount of the judgment. 2 (Source: P.A. 87-1197.) 3 (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16) 4 Sec. 11-141-16. Powers; particular locality. If after 5 the public hearing the corporate authorities of the 6 municipality adopt a resolution to proceed with the 7 construction or acquisition of the project, the corporate 8 authorities may make and enforce all needful rules and 9 regulations in connection with the construction, acquisition, 10 improvement, or extension, and with the management and 11 maintenance of the project to be constructed or acquired. The 12 corporate authorities also may establish the rate or charge 13 to each user of the sewerage system or improvement or 14 extension at a rate which will be sufficient to pay the 15 principal and interest of any bonds, issued to pay the cost 16 thereof, maintenance, and operation of the system, 17 improvement, or extension and may provide an adequate 18 depreciation fund therefor. Charges or rates shall be 19 established, revised, and maintained by ordinance and become 20 payable as the corporate authorities may determine by 21 ordinance. Such charges or rates are liens upon the real 22 estate upon or for which sewerage service is supplied 23 whenever the charges or rates become delinquent as provided 24 by the ordinance of the municipality fixing a delinquency 25 date. A lien is created under the preceding sentence only if 26 the municipality sends to the owner or owners of record of 27 the real estate, as referenced by the taxpayer's 28 identification number, (i) a copy of each delinquency notice 29 sent to the person who is delinquent in paying the charges or 30 rates or other notice sufficient to inform the owner or 31 owners of record, as referenced by the taxpayer's 32 identification number, that the charges or rates have become 33 delinquent and (ii) a notice that unpaid charges or rates may HB2626 Engrossed -6- LRB9104923PTpk 1 create a lien on the real estate under this Section. However, 2 the municipality has no preference over the rights of any 3 purchaser, mortgagee, judgment creditor, or other lien holder 4 arising prior to the filing of the notice of such a lien in 5 the office of the recorder of the county in which such real 6 estate is located or in the office of the registrar of titles 7 of such county if the property affected is registered under 8 "An Act concerning land titles", approved May 1, 1897, as 9 amended. This notice shall consist of a sworn statement 10 setting out (1) a description of such real estate sufficient 11 for the identification thereof, (2) the amount of money due 12 for such sewerage service, and (3) the date when such amount 13 became delinquent, (4) the owner of record of the premises. 14 The municipality shall send a copy of the notice of the lien 15 to the owner or owners of record of the real estate, as 16 referenced by the taxpayer's identification number. The 17 municipality may foreclose this lien in the same manner and 18 with the same effect as in the foreclosure of mortgages on 19 real estate. 20 Except in counties with a population of more than 250,000 21 where the majority of the municipal sewerage system users are 22 located outside of the municipality's corporate limits, the 23 payment of delinquent charges for sewerage service to any 24 premises may be enforced by discontinuing either the water 25 service or the sewerage service to that premises, or both. A 26 rate or charge is delinquent if it is more than 30 days 27 overdue. Any public or municipal corporation or political 28 subdivision of the State furnishing water service to a 29 premises (i) shall discontinue that service upon receiving 30 written notice from the municipality providing sewerage 31 service that payment of the rate or charge for sewerage 32 service to the premises has become delinquent and (ii) shall 33 not resume water service until receiving a similar notice 34 that the delinquency has been removed. The provider of HB2626 Engrossed -7- LRB9104923PTpk 1 sewerage service shall not request discontinuation of water 2 service before sending a notice of the delinquency to the 3 sewer user and affording the user an opportunity to be heard. 4 An investor-owned public utility providing water service 5 within a municipality that provides sewerage service may 6 contract with the municipality to discontinue water service 7 to a premises with respect to which the payment of a rate or 8 charge for sewerage service has become delinquent. The 9 municipality shall reimburse the privately owned public 10 utility, public or municipal corporation, or political 11 subdivision of the State for the reasonable cost of the 12 discontinuance and the resumption of water service, any lost 13 water service revenues, and the costs of discontinuing water 14 service. The municipality shall indemnify the privately owned 15 public utility, public or municipal corporation, or political 16 subdivision of the State for any judgment and related 17 attorney's fees resulting from an action based on any 18 provision of this paragraph. 19 The municipality also may, from time to time, sue the 20 occupant or user of the real estate in a civil action to 21 recover the money due for sewerage services, plus a 22 reasonable attorney's fee, to be fixed by the court. However, 23 whenever a judgment is entered in such a civil action, the 24 foregoing provision in this section with respect to filing 25 sworn statements of such delinquencies in the office of the 26 recorder and creating a lien against the real estate shall 27 not be effective as to the charges sued upon and no lien 28 shall exist thereafter against the real estate for that 29 delinquency. Judgment in such a civil action operates as a 30 release and waiver of the lien upon the real estate for the 31 amount of the judgment. The charge provided in this section 32 to be made against each user of an improvement or extension 33 shall be in addition to the charge, if any, made of all users 34 of the system under Section 11-141-7 and shall be kept HB2626 Engrossed -8- LRB9104923PTpk 1 separate and distinct therefrom. 2 This amendatory Act of 1975 is not a limit on any 3 municipality which is a home rule unit. 4 (Source: P.A. 87-1197.) 5 Section 10. The Sanitary District Revenue Bond Act is 6 amended by changing Sections 1 and 7 as follows: 7 (70 ILCS 3010/1) (from Ch. 42, par. 319.1) 8 Sec. 1. When used in this Act: 9 "Sewerage system" means and includes any or all of the 10 following: a sewage treatment plant or plants, collecting, 11 intercepting and outlet sewers, force mains, conduits, 12 lateral sewers and extensions, pumping stations, ejector 13 stations, and all other appurtenances, extensions, or 14 improvements necessary or useful and convenient for the 15 collection, treatment, and disposal, in a sanitary manner, of 16 sewage and industrial wastes. The term also includes the 17 disconnection of storm water drains and constructing outlets 18 therefor, where, in any case, such work is necessary to 19 relieve existing sanitary sewers of storm water loads, in 20 order to permit the efficient operation of such sanitary 21 sewers for collection, treatment, and disposal of sewage and 22 industrial wastes. 23 "Sanitary district" means a sanitary district organized 24 and created under any of the laws of the State of Illinois 25 having a population of less than 500,000 and also means a 26 sanitary district organized under the North Shore Sanitary 27 District Act and any drainage district which comes within the 28 terms of "An Act relating to drainage districts that collect 29 and convey sewage and other wastes through long, continued 30 and common usage of district drainage facilities", enacted by 31 the 73rd General Assembly. 32 "Board of trustees" means the board of trustees of a HB2626 Engrossed -9- LRB9104923PTpk 1 sanitary district or the commissioners of a drainage 2 district. 3 "Municipality" means a city, village, or incorporated 4 town in the State of Illinois having a population of less 5 than 500,000. 6 "Corporate authorities" means the city council or similar 7 body of cities and the board of trustees or similar body of 8 villages or incorporated towns. 9 (Source: Laws 1963, p. 2986.) 10 (70 ILCS 3010/7) (from Ch. 42, par. 319.7) 11 Sec. 7. The board of trustees of any sanitary district 12 that owns and operates or that may hereafter own and operate 13 a sewerage system constructed or acquired under the 14 provisions of any law of this State has the power to make, 15 enact, and enforce all needful rules and regulations in the 16 construction, acquisition, improvement, extension, 17 management, and maintenance of its sewerage system and for 18 the use thereof. The board of trustees of such a sanitary 19 district also has the power to make, enact, and enforce all 20 needful rules, regulations, and ordinances for the 21 improvement, care, and protection of its sewerage system, 22 which may be conducive to the preservation of the public 23 health, comfort, and convenience, and to render the sewage of 24 the sanitary district harmless in so far as it is reasonably 25 possible to do so. 26 The board of trustees of such a sanitary district has the 27 power, by ordinance, to charge the inhabitants thereof for 28 the use and service of its sewerage system and to establish 29 charges or rates for that purpose. Where bonds are issued as 30 provided in sections 2 and 3 of this Act, the board of 31 trustees shall establish rates or charges as provided in this 32 section, and these charges or rates shall be sufficient at 33 all times to pay the cost of operation and maintenance, to HB2626 Engrossed -10- LRB9104923PTpk 1 provide an adequate depreciation fund, and to pay the 2 principal of and interest upon all revenue bonds issued under 3 sections 2 and 3 hereof. 4 A depreciation fund is a fund for such replacements as 5 may be necessary from time to time for the continued 6 effective and efficient operation of the system. The 7 depreciation fund shall not be allowed to accumulate beyond a 8 reasonable amount necessary for that purpose, and shall not 9 be used for extensions to the system. 10 Charges or rates shall be established, revised, and 11 maintained by ordinance and become payable as the board of 12 trustees may determine by ordinance. Such charges or rates 13 shall be liens upon the real estate upon or for which 14 sewerage service is supplied; provided, however, such liens 15 shall not attach to such real estate until such charges or 16 rates have become delinquent as provided by the ordinance of 17 the sanitary district fixing a delinquency date. A lien is 18 created under the preceding sentence only if the sanitary 19 district sends to the owner or owners of record of the real 20 estate, as referenced by the taxpayer's identification 21 number, (i) a copy of each delinquency notice sent to the 22 person who is delinquent in paying the charges or rates or 23 other notice sufficient to inform the owner or owners of 24 record, as referenced by the taxpayer's identification 25 number, that the charges or rates have become delinquent and 26 (ii) a notice that unpaid charges or rates may create a lien 27 on the real estate under this Section. Nothing in this 28 Section shall be construed to give the sanitary district a 29 preference over the rights of any purchaser, mortgagee, 30 judgment creditor or other lien holder arising prior to the 31 filing in the office of the recorder of the county in which 32 such real estate is located, or in the office of the 33 registrar of titles of such county if the property affected 34 is registered under the Torrens System, of notice of said HB2626 Engrossed -11- LRB9104923PTpk 1 lien. The notice shall consist of a sworn statement setting 2 out (1) a description of the real estate sufficient for the 3 identification thereof, upon or for which the sewerage 4 service was supplied, (2) the amount or amounts of money due 5 for such sewerage service, and (3) the date or dates when 6 such amount or amounts became delinquent. The sanitary 7 district shall send a copy of the notice of the lien to the 8 owner or owners of record of the real estate, as referenced 9 by the taxpayer's identification number. The sanitary 10 district shall have the power to foreclose such lien in like 11 manner and with like effect as in the foreclosure of 12 mortgages on real estate. 13 The payment of delinquent charges for sewerage service to 14 any premises may be enforced by discontinuing either the 15 water service or the sewerage service to that premises, or 16 both. A rate or charge is delinquent if it is more than 30 17 days overdue. Any public or municipal corporation or 18 political subdivision of the State furnishing water service 19 to a premises (i) shall discontinue that service upon 20 receiving written notice from the sanitary district in which 21 the premises lies that payment of the rate or charge for 22 sewerage service to the premises has become delinquent and 23 (ii) shall not resume water service until receiving a similar 24 notice that the delinquency has been removed. The provider of 25 sewerage service shall not request discontinuation of water 26 service before sending a notice of the delinquency to the 27 sewer user and affording the user an opportunity to be heard. 28 The sanitary district shall reimburse the public or municipal 29 corporation or political subdivision of the State for the 30 reasonable cost of the discontinuance and the resumption of 31 water service. The sanitary district may contract with any 32 privately owned public utility for the discontinuance of 33 water service to a premises with respect to which the payment 34 of a rate or charge for sewerage service has become HB2626 Engrossed -12- LRB9104923PTpk 1 delinquent. The sanitary district shall reimburse the water 2 service provider for any lost water service revenues and the 3 costs of discontinuing water service, and shall indemnify the 4 water service provider for any judgment and related 5 attorney's fees resulting from an action based on any 6 provision of this paragraph. 7 The sanitary district also has the power, from time to 8 time, to sue the owner, occupant or user of that real estate, 9 or a person receiving any direct or indirect benefit from 10 such services, in a civil action to recover money due for 11 sewerage services, plus a reasonable attorney's fee, to be 12 fixed by the court; provided, however, that the sanitary 13 district shall give notice of its intention to bring such 14 action to the owner of record by regular mail not less than 7 15 days prior to filing such civil action. 16 Judgment in a civil action brought by the sanitary 17 district to recover or collect such charges shall not operate 18 as a release or waiver of the lien upon the real estate for 19 the amount of the judgment. Only satisfaction of the 20 judgment or the filing of a release and satisfaction of lien 21 shall release said lien. The lien for charges on account of 22 services or benefits provided for in this Section and the 23 rights created hereunder shall be in addition to and not in 24 derogation of the lien upon real estate created by and 25 imposed for general real estate taxes. 26 (Source: P.A. 87-1197.)