Public Act 101-0575
 
SB2136 EnrolledLRB101 11153 AWJ 56385 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The North Shore Water Reclamation District Act 
is amended  by changing Sections 4, 7.6, 11, and 16 and  by 
adding Section 7.8 as follows:
 



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



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

The board of trustees is the corporate authority of the 
district, and
shall exercise all the powers and manage and 
control all the affairs and
property of the district. The board 
shall elect a president and
vice-president from among their own 
number. In case of the death,
resignation, absence from the 
state, or other disability of the
president, the powers, duties 
and emoluments of the office of the
president shall devolve 
upon the vice-president, until the disability
is removed or 
until a successor to the president is appointed and chosen
in 
the manner provided in this Act. The board may select a 
secretary,
treasurer, executive director, 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 
necessary; provided, however, that the
board shall not employ 
an individual as a wastewater operator whose Certificate
of 
Technical Competency is suspended or revoked under rules 
adopted by the
Pollution Control Board under item (4) of 
subsection (a) of Section 13 of the
Environmental Protection 
Act.  All employees
selected by the board shall hold their 
respective offices during the
pleasure of the board, and give 
such bond as may be required by the
board. The board may 
prescribe the duties and fix the compensation of
all the 
officers and employees of the sanitary district. However, the

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

per year. Beginning with the commencement of the first new term 
after the effective date of this amendatory Act of the 95th 
General Assembly, the president of the board shall not receive 
more than $18,000 $14,000 per year, and each other member of 
the board shall not receive more than $15,000 $11,000 per year. 
The board of trustees has full power to pass all necessary

ordinances, rules and regulations for the proper management and 
conduct of
the business of the board and of the corporation, 
and for carrying into
effect the objects for which the sanitary 
district was formed.  The
ordinances may provide for a fine for 
each offense of not less than $100 or
more than $1,000.  Each 
day's continuance of a violation shall be a
separate offense.  
Fines under this Section are recoverable by the sanitary

district in a civil action.  The sanitary district is authorized 
to apply
to the circuit court for injunctive relief or mandamus 
when, in the opinion
of the chief administrative officer, the 
relief is necessary
to protect the sewerage system of the 
sanitary district.

    The board of trustees shall have the authority to change 
the name of the   District, by ordinance, to the North Shore 
Water Reclamation District.  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.
(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)

 
    (70 ILCS 2305/7.6)
    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 
or charges for the treatment and disposal of sewage and surface 
or ground water.  Any user charge, industrial waste surcharge, 
connection fee or connection-related fee, 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 payment of connection fees or 
connection-related fees by the user or any other interested 
party is a condition for the continued connection of the real 
property or any structure thereon.  The sanitary district shall 
have the authority to terminate all connections and service to 
any real property or structure thereon if any connection fee or 
connection-related fee is not paid within 60 days from the date 
such payment is due by the user or any other party that has an 
interest or subsequently acquires an interest in the property.
    The assertion of liens against real estate by the sanitary 
district to secure payment of user charges, industrial waste 
surcharges, connection fee or connection-related fee, or 
industrial cost recovery charges imposed by the 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.

(Source: P.A. 99-669, eff. 7-29-16.)
 
    (70 ILCS 2305/7.8 new)
    Sec. 7.8. Nutrient trading.
    (a) The sanitary district may participate in any available 
nutrient trading program in the State for meeting water quality 
standards.
    (b) The authorization granted to the sanitary district 
under this Section shall not be construed as modifying or 
limiting any other law or rule.  Any actions taken pursuant to 
this Section must be in compliance with all applicable laws and 
rules, including, but not limited to, the Environmental 
Protection Act and rules adopted under that Act.
    (c) If the sanitary district participates in a nutrient 
trading program under subsection (a), the sanitary district 
shall give preference to trading investments: (i) that will 
benefit low-income or rural communities; and (ii) where local 
water quality improvements can be realized.
 



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


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

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

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

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

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

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

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

    The District may use a design-build procurement method for 
any public project which shall not be subject to the 
competitive bidding requirements of this Section provided the 
Board of Trustees approves the contract for the public project 
by a vote of 4 of the 5 trustees. For the purposes of this 
Section, "design-build" means a delivery system that provides 
responsibility within a single contract for the furnishing of 
architecture, engineering, land surveying and related services 
as required, and the labor, materials, equipment, and other 
construction services for the project.
    In the case of an emergency affecting the public health or 
safety so declared
by the Board of Trustees of the municipality 
at a meeting thereof
duly convened, which declaration shall 
require the affirmative vote of four
of the five Trustees, 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 $500,000 
$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.

    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; 99-669, eff. 7-29-16.)

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