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91_HB3852sam001
SRS91HB3852PMcbam01
1 AMENDMENT TO HOUSE BILL 3852
2 AMENDMENT NO. . Amend House Bill 3852 by replacing
3 the title with the following:
4 "AN ACT concerning liens."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 3. The Township Code is amended by changing
8 Section 205-75 as follows:
9 (60 ILCS 1/205-75)
10 Sec. 205-75. Liens; recovery of money due.
11 (a) Charges or rates established under this Article are
12 liens upon the real estate upon or for which a system is
13 supplied. Liens do not attach to the real estate until the
14 charges or rates have become delinquent as provided by an
15 ordinance fixing a delinquency date.
16 (b) Nothing in this Section shall be construed to give
17 the township board or the township utility board a preference
18 over the rights of any purchaser, mortgagee, judgment
19 creditor, or other lien holder arising before the filing of
20 notice of the lien in the office of the recorder of the
21 county in which the real estate is located or in the office
-2- SRS91HB3852PMcbam01
1 of the registrar of titles of the county if the property is
2 registered under the Registered Titles (Torrens) Act. The
3 notice shall consist of a sworn statement setting forth (i) a
4 description of the real estate, sufficient for its
5 identification, upon or for which the system was supplied,
6 (ii) the amount or amounts of money due for services of the
7 system, and (iii) the date or dates when the amount or
8 amounts became delinquent.
9 (c) The township board or the township utility board may
10 foreclose the lien in the same manner and with the same
11 effect as the foreclosure of mortgages on real estate.
12 (d) The township board or the township utility board may
13 file an action in the circuit court to recover money due for
14 services of a system, plus a reasonable attorney's fee to be
15 fixed by the court. Whenever a judgment is entered in a
16 civil action, the provisions of this Section with respect to
17 filing sworn statements of delinquencies in the office of the
18 recorder and creating a lien against the real estate are not
19 effective as to the charges sued upon, and no lien exists
20 thereafter against the real estate for the delinquency. A
21 judgment in a civil action operates as a release and waiver
22 of the lien upon the real estate for the amount of judgement.
23 (e) The payment of delinquent charges that are incurred
24 after the effective date of this amendatory Act of the 91st
25 General Assembly for sewerage service to any premises may be
26 enforced by discontinuing either water service or sewerage
27 service, or both, to those premises. A charge is delinquent
28 if it is more than 60 days overdue. Any privately owned
29 public utility, public or municipal corporation, or political
30 subdivision of the State furnishing water service to a
31 premises (i) shall discontinue that service upon receiving
32 written notice from the township board or township utility
33 board providing sewerage service that payment of the charge
34 for sewerage service to the premises has become delinquent
-3- SRS91HB3852PMcbam01
1 and (ii) shall not resume water service until receiving
2 written notice from the township board or township utility
3 board that the delinquency has been removed. The provider of
4 sewerage service shall not request discontinuation of water
5 service before sending a notice of the delinquency to the
6 sewer user and affording the user an opportunity to be heard.
7 Before a provider of water service that is subject to the
8 rules of the Illinois Commerce Commission disconnects water
9 service under the provisions of this Act, the provider must
10 do so in substantial compliance with procedural rules of the
11 Illinois Commerce Commission regarding disconnection of water
12 service. The township board or township utility board shall
13 reimburse the privately owned public utility, public or
14 municipal corporation, or political subdivision of the State
15 for the reasonable estimate of water service revenues lost as
16 a result of the discontinuation of water service due to
17 delinquent sewerage charges, and this cost may be placed as a
18 charge upon the person or persons receiving sewerage service.
19 "Sewerage service" means treatment, collection, or transport
20 of sewerage.
21 (Source: P.A. 84-794; 88-62.)
22 Section 5. The Illinois Municipal Code is amended by
23 changing Section 11-141-7 as follows:
24 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
25 Sec. 11-141-7. The corporate authorities of any
26 municipality that owns and operates or that may hereafter own
27 and operate a sewerage system constructed or acquired under
28 the provisions of any law of this state may make, enact, and
29 enforce all needful rules, regulations, and ordinances for
30 the improvement, care, and protection of its sewerage system
31 and any other sewer or sewerage system, located outside the
32 corporate boundary of the municipality and not owned by it,
-4- SRS91HB3852PMcbam01
1 that directly or indirectly connects with the municipality's
2 sewerage system, which may be conducive to the preservation
3 of the public health, comfort, and convenience, and may
4 render the sewage carried in the sewerage system of the
5 municipality harmless in so far as it is reasonably possible
6 to do so.
7 The corporate authorities of such a municipality may, by
8 ordinance, charge the inhabitants thereof for the use and
9 service of its sewerage system whether by direct or indirect
10 connection therewith within or without the corporate
11 boundary, and to establish charges or rates for that purpose.
12 The corporate authorities of such a municipality may by
13 ordinance charge the users thereof, whether they be inside of
14 or outside of the municipality, for the use and service of
15 its sewerage system whether by direct or indirect connection
16 therewith, within or without the corporate boundary, and may
17 establish charges or rates for that purpose, provided however
18 that where such users are residents of another municipality
19 with whom there is a contract for use and service of the
20 sewerage system, then such charges or rates shall be made in
21 accordance with the terms of the contract, either directly to
22 the users or to the contracting municipality as may be
23 provided by the provisions of the contract. In making such
24 rates and charges the municipality may provide for a rate to
25 the outside users in excess of the rate fixed for the
26 inhabitants of said municipality as may be reasonable. Where
27 bonds are issued as provided in Sections 11-141-2 and
28 11-141-3, the corporate authorities shall establish rates or
29 charges as provided in this section, and these charges or
30 rates shall be sufficient at all times to pay the cost of
31 operation and maintenance, to provide an adequate
32 depreciation fund, and to pay the principal of and interest
33 upon all revenue bonds issued under Sections 11-141-2 and
34 11-141-3.
-5- SRS91HB3852PMcbam01
1 A depreciation fund is a fund for such replacements as
2 may be necessary from time to time for the continued
3 effective and efficient operation of the system. The
4 depreciation fund shall not be allowed to accumulate beyond a
5 reasonable amount necessary for that purpose, and shall not
6 be used for extensions to the system.
7 Charges or rates shall be established, revised, and
8 maintained by ordinance and become payable as the corporate
9 authorities may determine by ordinance.
10 Such charges or rates are liens upon the real estate upon
11 or for which sewerage service is supplied whenever the
12 charges or rates become delinquent as provided by the
13 ordinance of the municipality fixing a delinquency date. A
14 lien is created under the preceding sentence only if the
15 municipality sends to the owner or owners of record, as
16 referenced by the taxpayer's identification number, of the
17 real estate (i) a copy of each delinquency notice sent to the
18 person who is delinquent in paying the charges or rates or
19 other notice sufficient to inform the owner or owners of
20 record, as referenced by the taxpayer's identification
21 number, that the charges or rates have become delinquent and
22 (ii) a notice that unpaid charges or rates may create a lien
23 on the real estate under this Section. However, the
24 municipality has no preference over the rights of any
25 purchaser, mortgagee, judgment creditor, or other lien holder
26 arising prior to the filing of the notice of such a lien in
27 the office of the recorder of the county in which such real
28 estate is located, or in the office of the registrar of
29 titles of such county if the property affected is registered
30 under "An Act concerning land titles", approved May 1, 1897,
31 as amended. This notice shall consist of a sworn statement
32 setting out (1) a description of such real estate sufficient
33 for the identification thereof, (2) the amount of money due
34 for such sewerage service, and (3) the date when such amount
-6- SRS91HB3852PMcbam01
1 became delinquent. The municipality shall send a copy of the
2 notice of the lien to the owner or owners of record of the
3 real estate, as referenced by the taxpayer's identification
4 number. The municipality has the power to foreclose this lien
5 in the same manner and with the same effect as in the
6 foreclosure of mortgages on real estate.
7 The municipality also has the power, from time to time,
8 to sue the occupant or user of that real estate in a civil
9 action to recover money due for sewerage services, plus a
10 reasonable attorney's fee, to be fixed by the court. However,
11 whenever a judgment is entered in such a civil action, the
12 foregoing provisions in this section with respect to filing
13 sworn statements of such delinquencies in the office of the
14 recorder and creating a lien against the real estate shall
15 not be effective as to the charges sued upon and no lien
16 shall exist thereafter against the real estate for the
17 delinquency. Judgment in such a civil action operates as a
18 release and waiver of the lien upon the real estate for the
19 amount of the judgment.
20 The payment of delinquent charges that are incurred after
21 the effective date of this amendatory Act of the 91st General
22 Assembly for sewerage service to any premises may be enforced
23 by discontinuing either water service or sewerage service, or
24 both, to those premises. A charge is delinquent if it is
25 more than 60 days overdue. Any privately owned public
26 utility, public or municipal corporation, or political
27 subdivision of the State furnishing water service to a
28 premises (i) shall discontinue that service upon receiving
29 written notice from the municipality providing sewerage
30 service that payment of the charge for sewerage service to
31 the premises has become delinquent and (ii) shall not resume
32 water service until receiving written notice from the
33 municipality that the delinquency has been removed. The
34 provider of sewerage service shall not request
-7- SRS91HB3852PMcbam01
1 discontinuation of water service before sending a notice of
2 the delinquency to the sewer user and affording the user an
3 opportunity to be heard. Before a provider of water service
4 that is subject to the rules of the Illinois Commerce
5 Commission disconnects water service under the provisions of
6 this Act, the provider must do so in substantial compliance
7 with procedural rules of the Illinois Commerce Commission
8 regarding disconnection of water service. The municipality
9 shall reimburse the privately owned public utility, public or
10 municipal corporation, or political subdivision of the State
11 for the reasonable estimate of water service revenues lost as
12 a result of the discontinuation of water service due to
13 delinquent sewerage charges, and this cost may be placed as a
14 charge upon the person or persons receiving sewerage service.
15 "Sewerage service" means treatment, collection, or transport
16 of sewerage.
17 (Source: P.A. 87-1197.)
18 Section 10. The Sanitary District Revenue Bond Act is
19 amended by changing Sections 7, 11a, and 17 as follows:
20 (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
21 Sec. 7. The board of trustees of any sanitary district
22 that owns and operates or that may hereafter own and operate
23 a sewerage system constructed or acquired under the
24 provisions of any law of this State has the power to make,
25 enact, and enforce all needful rules and regulations in the
26 construction, acquisition, improvement, extension,
27 management, and maintenance of its sewerage system and for
28 the use thereof. The board of trustees of such a sanitary
29 district also has the power to make, enact, and enforce all
30 needful rules, regulations, and ordinances for the
31 improvement, care, and protection of its sewerage system,
32 which may be conducive to the preservation of the public
-8- SRS91HB3852PMcbam01
1 health, comfort, and convenience, and to render the sewage of
2 the sanitary district harmless in so far as it is reasonably
3 possible to do so.
4 The board of trustees of such a sanitary district has the
5 power, by ordinance, to charge the inhabitants thereof for
6 the use and service of its sewerage system and to establish
7 charges or rates for that purpose. Where bonds are issued as
8 provided in sections 2 and 3 of this Act, the board of
9 trustees shall establish rates or charges as provided in this
10 section, and these charges or rates shall be sufficient at
11 all times to pay the cost of operation and maintenance, to
12 provide an adequate depreciation fund, and to pay the
13 principal of and interest upon all revenue bonds issued under
14 sections 2 and 3 hereof.
15 A depreciation fund is a fund for such replacements as
16 may be necessary from time to time for the continued
17 effective and efficient operation of the system. The
18 depreciation fund shall not be allowed to accumulate beyond a
19 reasonable amount necessary for that purpose, and shall not
20 be used for extensions to the system.
21 Charges or rates shall be established, revised, and
22 maintained by ordinance and become payable as the board of
23 trustees may determine by ordinance. Such charges or rates
24 shall be liens upon the real estate upon or for which
25 sewerage service is supplied; provided, however, such liens
26 shall not attach to such real estate until such charges or
27 rates have become delinquent as provided by the ordinance of
28 the sanitary district fixing a delinquency date. A lien is
29 created under the preceding sentence only if the sanitary
30 district sends to the owner or owners of record of the real
31 estate, as referenced by the taxpayer's identification
32 number, (i) a copy of each delinquency notice sent to the
33 person who is delinquent in paying the charges or rates or
34 other notice sufficient to inform the owner or owners of
-9- SRS91HB3852PMcbam01
1 record, as referenced by the taxpayer's identification
2 number, that the charges or rates have become delinquent and
3 (ii) a notice that unpaid charges or rates may create a lien
4 on the real estate under this Section. Nothing in this
5 Section shall be construed to give the sanitary district a
6 preference over the rights of any purchaser, mortgagee,
7 judgment creditor or other lien holder arising prior to the
8 filing in the office of the recorder of the county in which
9 such real estate is located, or in the office of the
10 registrar of titles of such county if the property affected
11 is registered under the Torrens System, of notice of said
12 lien. The notice shall consist of a sworn statement setting
13 out (1) a description of the real estate sufficient for the
14 identification thereof, upon or for which the sewerage
15 service was supplied, (2) the amount or amounts of money due
16 for such sewerage service, and (3) the date or dates when
17 such amount or amounts became delinquent. The sanitary
18 district shall send a copy of the notice of the lien to the
19 owner or owners of record of the real estate, as referenced
20 by the taxpayer's identification number. The sanitary
21 district shall have the power to foreclose such lien in like
22 manner and with like effect as in the foreclosure of
23 mortgages on real estate.
24 The sanitary district also has the power, from time to
25 time, to sue the owner, occupant or user of that real estate,
26 or a person receiving any direct or indirect benefit from
27 such services, in a civil action to recover money due for
28 sewerage services, plus a reasonable attorney's fee, to be
29 fixed by the court; provided, however, that the sanitary
30 district shall give notice of its intention to bring such
31 action to the owner of record by regular mail not less than 7
32 days prior to filing such civil action.
33 Judgment in a civil action brought by the sanitary
34 district to recover or collect such charges shall not operate
-10- SRS91HB3852PMcbam01
1 as a release or waiver of the lien upon the real estate for
2 the amount of the judgment. Only satisfaction of the
3 judgment or the filing of a release and satisfaction of lien
4 shall release said lien. The lien for charges on account of
5 services or benefits provided for in this Section and the
6 rights created hereunder shall be in addition to and not in
7 derogation of the lien upon real estate created by and
8 imposed for general real estate taxes.
9 The payment of delinquent charges that are incurred after
10 the effective date of this amendatory Act of the 91st General
11 Assembly for sewerage service to any premises may be enforced
12 by discontinuing either water service or sewerage service, or
13 both, to those premises. A charge is delinquent if it is
14 more than 60 days overdue. Any privately owned public
15 utility, public or municipal corporation, or political
16 subdivision of the State furnishing water service to a
17 premises (i) shall discontinue that service upon receiving
18 written notice from the sanitary district providing sewerage
19 service that payment of the charge for sewerage service to
20 the premises has become delinquent and (ii) shall not resume
21 water service until receiving written notice from the
22 sanitary district that the delinquency has been removed. The
23 provider of sewerage service shall not request
24 discontinuation of water service before sending a notice of
25 the delinquency to the sewer user and affording the user an
26 opportunity to be heard. Before a provider of water service
27 that is subject to the rules of the Illinois Commerce
28 Commission disconnects water service under the provisions of
29 this Act, the provider must do so in substantial compliance
30 with procedural rules of the Illinois Commerce Commission
31 regarding disconnection of water service. The sanitary
32 district shall reimburse the privately owned public utility,
33 public or municipal corporation, or political subdivision of
34 the State for the reasonable estimate of water service
-11- SRS91HB3852PMcbam01
1 revenues lost as a result of the discontinuation of water
2 service due to delinquent sewerage charges, and this cost may
3 be placed as a charge upon the person or persons receiving
4 sewerage service. "Sewerage service" means treatment,
5 collection, or transport of sewerage.
6 (Source: P.A. 87-1197.)
7 (70 ILCS 3010/11a) (from Ch. 42, par. 319.11a)
8 Sec. 11a. The board of trustees of any sanitary district
9 shall have full power at any time to contract with the
10 corporate authorities of the municipality or municipalities
11 situated either wholly or partly within that sanitary
12 district for the treatment and disposal of the sewage of that
13 municipality or municipalities, and for the use of the
14 drains, conduits, treatment plants, pumping plants, and works
15 maintained by that sanitary district for the carrying off,
16 disposal, and treatment of sewage and industrial wastes, in
17 lieu of charging the inhabitants of that municipality or
18 municipalities. The corporate authorities so contracting
19 shall adopt an ordinance imposing rules and regulations with
20 respect to the use of sewers within that municipality and
21 provide for a charge to the inhabitants thereof for the use
22 thereof and for the payment of the charge to be paid to the
23 sanitary district under that contract. Such contracts shall
24 be irrevocable as long as any revenue bonds of the sanitary
25 district are outstanding, but the charge to be paid to the
26 sanitary district shall be payable only from the revenue
27 derived by the municipalities from the charges made to the
28 inhabitants thereof.
29 The charges and rates fixed by the corporate authorities
30 shall be sufficient at all times to pay the charge to be paid
31 to the sanitary districts. Such charges or rates shall be
32 liens upon the real estate upon or for which sewerage service
33 is supplied; provided, however, such liens shall not attach
-12- SRS91HB3852PMcbam01
1 to such real estate until such charges or rates have become
2 delinquent as provided by the ordinance of the municipality
3 fixing a delinquency date. A lien is created under the
4 preceding sentence only if the sanitary district sends to the
5 owner or owners of record of the real estate, as referenced
6 by the taxpayer's identification number, (i) a copy of each
7 delinquency notice sent to the person who is delinquent in
8 paying the charges or rates or other notice sufficient to
9 inform the owner or owners of record, as referenced by the
10 taxpayer's identification number, that the charges or rates
11 have become delinquent and (ii) a notice that unpaid charges
12 or rates may create a lien on the real estate under this
13 Section. Nothing in this Section shall be construed to give
14 the municipality a preference over the rights of any
15 purchaser, mortgagee, judgment creditor or other lien holder
16 arising prior to the filing in the office of the recorder of
17 the county in which such real estate is located, or in the
18 office of the registrar of titles of such county if the
19 property affected is registered under "An Act concerning land
20 titles", approved May 1, 1897, as amended, of notice of the
21 lien. The notice shall consist of a sworn statement setting
22 out (1) a description of the real estate, sufficient for the
23 identification thereof, upon or for which the sewerage
24 service was supplied, (2) the amount or amounts of money due
25 for such sewerage service, and (3) the date or dates when
26 such amount or amounts became delinquent. The sanitary
27 district shall send a copy of the notice of the lien to the
28 owner or owners of record of the real estate, as referenced
29 by the taxpayer's identification number. The municipality
30 shall have the power to foreclose such lien in like manner
31 and with like effect as in the foreclosure of mortgages on
32 real estate.
33 The municipality also has the power, from time to time,
34 to sue the occupant or user of the real estate in a civil
-13- SRS91HB3852PMcbam01
1 action to recover the money due for sewerage services, plus a
2 reasonable attorney's fee, to be fixed by the court.
3 However, when a judgment is obtained in such a civil action,
4 the foregoing provisions in this section with respect to
5 filing sworn statements of such delinquencies in the office
6 of the recorder and creating a lien against the real estate
7 shall not be effective as to charges sued upon and no lien
8 shall exist thereafter against the real estate for that
9 delinquency. Judgment in such a civil action operates as a
10 release and waiver of the lien upon the real estate for the
11 amount of the judgment.
12 The payment of delinquent charges that are incurred after
13 the effective date of this amendatory Act of the 91st General
14 Assembly for sewerage service to any premises may be enforced
15 by discontinuing either water service or sewerage service, or
16 both, to those premises. A charge is delinquent if it is
17 more than 60 days overdue. Any privately owned public
18 utility, public or municipal corporation, or political
19 subdivision of the State furnishing water service to a
20 premises (i) shall discontinue that service upon receiving
21 written notice from the sanitary district providing sewerage
22 service that payment of the charge for sewerage service to
23 the premises has become delinquent and (ii) shall not resume
24 water service until receiving written notice from the
25 sanitary district that the delinquency has been removed. The
26 provider of sewerage service shall not request
27 discontinuation of water service before sending a notice of
28 the delinquency to the sewer user and affording the user an
29 opportunity to be heard. Before a provider of water service
30 that is subject to the rules of the Illinois Commerce
31 Commission disconnects water service under the provisions of
32 this Act, the provider must do so in substantial compliance
33 with procedural rules of the Illinois Commerce Commission
34 regarding disconnection of water service. The sanitary
-14- SRS91HB3852PMcbam01
1 district shall reimburse the privately owned public utility,
2 public or municipal corporation, or political subdivision of
3 the State for the reasonable estimate of water service
4 revenues lost as a result of the discontinuation of water
5 service due to delinquent sewerage charges, and this cost may
6 be placed as a charge upon the person or persons receiving
7 sewerage service. "Sewerage service" means treatment,
8 collection, or transport of sewerage.
9 Such contract may contain appropriate provisions to
10 authorize the sanitary district to proceed, in the name of
11 the municipality, in the collection of such charges and rates
12 as are provided in this section, in the event that the
13 municipality fails to pay when due the charge to be paid to
14 the sanitary district. Any sanitary district, by a civil
15 action, may compel the officials of the municipality to
16 perform all duties imposed upon them by this section,
17 including the making and collection of sufficient charges and
18 rates for that purpose and the application of the revenue
19 therefrom.
20 (Source: P.A. 87-1197.)
21 (70 ILCS 3010/17) (from Ch. 42, par. 319.17)
22 Sec. 17. If after the public hearing the board of
23 trustees of the sanitary district adopts a resolution to
24 proceed with the construction or acquisition of the project,
25 the board of trustees has the power to make and enforce all
26 needful rules and regulations in connection with the
27 construction, acquisition, improvement, or extension, and
28 with the management and maintenance of the project to be
29 constructed or acquired. The board of trustees also has the
30 power to establish the rate or charge to each user of the
31 sewerage system or improvement or extension at a rate which
32 will be sufficient to pay the principal and interest of any
33 bonds, issued to pay the cost thereof, maintenance, and
-15- SRS91HB3852PMcbam01
1 operation of the system, improvement, or extension and to
2 provide an adequate depreciation fund therefor. Charges or
3 rates shall be established, revised, and maintained by
4 ordinance and become payable as the board of trustees may
5 determine by ordinance. Such charges or rates shall be liens
6 upon the real estate upon or for which sewerage service is
7 supplied; provided, however, such liens shall not attach to
8 such real estate until such charges or rates have become
9 delinquent as provided by the ordinance of the sanitary
10 district fixing a delinquency date. A lien is created under
11 the preceding sentence only if the sanitary district sends to
12 the owner or owners of record of the real estate, as
13 referenced by the taxpayer's identification number, (i) a
14 copy of each delinquency notice sent to the person who is
15 delinquent in paying the charges or rates or other notice
16 sufficient to inform the owner or owners of record, as
17 referenced by the taxpayer's identification number, that the
18 charges or rates have become delinquent and (ii) a notice
19 that unpaid charges or rates may create a lien on the real
20 estate under this Section. Nothing in this Section shall be
21 construed to give the sanitary district a preference over the
22 rights of any purchaser, mortgagee, judgment creditor or
23 other lien holder arising prior to the filing in the office
24 of the recorder of the county in which such real estate is
25 located, or in the office of the registrar of titles of such
26 county if the property affected is registered under the
27 Torrens System, of notice of said lien. The notice shall
28 consist of a sworn statement setting out (1) a description of
29 the real estate sufficient for the identification thereof,
30 upon or for which the sewerage service was supplied, (2) the
31 amount or amounts of money due for such sewerage service, and
32 (3) the date or dates when such amount or amounts became
33 delinquent, (4) the owner of record of the premises. The
34 sanitary district shall send a copy of the notice of the lien
-16- SRS91HB3852PMcbam01
1 to the owner or owners of record of the real estate, as
2 referenced by the taxpayer's identification number. The
3 sanitary district shall have the power to foreclose such lien
4 in like manner and with like effect as in the foreclosure of
5 mortgages on real estate.
6 The sanitary district also has the power, from time to
7 time, to sue the occupant or user of the real estate in a
8 civil action to recover the money due for sewerage services,
9 plus a reasonable attorney's fee, to be fixed by the court.
10 However, whenever a judgment is obtained in such a civil
11 action, the foregoing provision in this section with respect
12 to filing sworn statements of such delinquencies in the
13 office of the recorder of deeds and creating a lien against
14 the real estate shall not be effective as to the charges sued
15 upon and no lien shall exist thereafter against the real
16 estate for that delinquency. Judgment in such a civil action
17 operates as a release and waiver of the lien upon the real
18 estate for the amount of the judgment. The charge provided
19 in this section to be made against each user of an
20 improvement or extension shall be in addition to the charge,
21 if any, made of all users of the system under Section 7
22 hereof, and shall be kept separate and distinct therefrom.
23 The payment of delinquent charges that are incurred after
24 the effective date of this amendatory Act of the 91st General
25 Assembly for sewerage service to any premises may be enforced
26 by discontinuing either water service or sewerage service, or
27 both, to those premises. A charge is delinquent if it is
28 more than 60 days overdue. Any privately owned public
29 utility, public or municipal corporation, or political
30 subdivision of the State furnishing water service to a
31 premises (i) shall discontinue that service upon receiving
32 written notice from the sanitary district providing sewerage
33 service that payment of the charge for sewerage service to
34 the premises has become delinquent and (ii) shall not resume
-17- SRS91HB3852PMcbam01
1 water service until receiving written notice from the
2 sanitary district that the delinquency has been removed. The
3 provider of sewerage service shall not request
4 discontinuation of water service before sending a notice of
5 the delinquency to the sewer user and affording the user an
6 opportunity to be heard. Before a provider of water service
7 that is subject to the rules of the Illinois Commerce
8 Commission disconnects water service under the provisions of
9 this Act, the provider must do so in substantial compliance
10 with procedural rules of the Illinois Commerce Commission
11 regarding disconnection of water service. The sanitary
12 district shall reimburse the privately owned public utility,
13 public or municipal corporation, or political subdivision of
14 the State for the reasonable estimate of water service
15 revenues lost as a result of the discontinuation of water
16 service due to delinquent sewerage charges, and this cost may
17 be placed as a charge upon the person or persons receiving
18 sewerage service. "Sewerage service" means treatment,
19 collection, or transport of sewerage.
20 (Source: P.A. 87-1197.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".