SB3910 104TH GENERAL ASSEMBLY

LRB104 18685 RTM 32128 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3910

Introduced 2/6/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

See Index

Amends the Sanitary District Act of 1917. Provides that the board of trustees of a sanitary district organized under the Act (rather than only the board of trustees of the Sanitary District of Decatur or the board of trustees of the Bloomington and Normal Water Reclamation District) may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the District's boundaries. Provides that the board of trustees of a sanitary district organized under the Act (rather than only the board of trustees of the Sanitary District of Decatur) may accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries. Provides that the board of trustees of a sanitary district organized under the Act (rather than only the board of trustees of the Sanitary District of Decatur) may acquire and accept, by gift, grant, purchase, or otherwise, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under the provisions. Amends the Sanitary District Act of 1907, the Metropolitan Water Reclamation District Act, the Sanitary District Act of 1936, the Metro-East Sanitary District Act of 1974, and the Eastern Will Sanitary District Act providing similar powers to districts organized under those Acts. Amends the North Shore Water Reclamation District Act. Provides that an agreement entered into by the board of trustees of any sanitary district formed under the Act to sell, convey, or disburse treated wastewater to any public or private entity located within 50 miles of the district's boundaries (rather than within or outside of the boundaries of the sanitary district) may not exceed 30 years (rather than 20 years). Removes language providing that any use of treated wastewater by any public or private entity shall be subject to the orders of the Pollution Control Board. Amends the Environmental Protection Act. Provides that, within one year after the effective date of the amendatory Act, the Environmental Protection Agency shall establish a process for sanitary districts to obtain a permit to sell treated wastewater. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 3. The Environmental Protection Act is amended by adding Section 40.4 as follows:

(415 ILCS 5/40.4 new)

Sec. 40.4. Permits for the sale of treated wastewater.Within one year after the effective date of this amendatory Act of the 104th General Assembly, the Agency shall establish a process for sanitary districts to obtain a permit to sell treated wastewater.

Section 5. The Sanitary District Act of 1907 is amended by adding Section 14.5 as follows:

(70 ILCS 2205/14.5 new)

Sec. 14.5. Private agreements for wastewater treatment.

(a) The board of trustees of a sanitary district organized under this Act may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the district's boundaries. The agreement may not exceed 30 years. The district may also accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries.

(b) In addition, the district may acquire and accept, by gift, grant, purchase, or otherwise, pursuant to its authority under this Act, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under this Section.

(c) This Section does not apply to private entities located outside of the State.

Section 10. The North Shore Water Reclamation District Act is amended by changing Section 7 as follows:

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

Sec. 7. Powers of the board of trustees. The board of trustees of any sanitary district organized under this Act may provide for the treatment of the sewage thereof and save and preserve the water supplied to the inhabitants of such district from contamination. For that purpose the board may construct and maintain an enclosed conduit or conduits, main pipes, wholly or partially submerged, buried or otherwise, and by means of pumps or otherwise cause such sewage to flow or to be forced through such conduit or conduits, pipe or pipes to and into any ditch or canal constructed and operated by any other sanitary district, after having first acquired the right so to do. Such board may provide for the drainage of such district by laying out, establishing, constructing and maintaining one or more channels, drains, ditches and outlets for carrying off and disposing of the drainage (including the sewage) of such district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed, in a satisfactory manner, including pumps and pumping stations and the operation of the same. Such board shall provide suitable and modernly equipped sewage treatment works or plants for the separation and treatment of all solids and deleterious matter from the liquids, and shall treat and purify the residue of such sewage so that when it flows into any lake, it will not injuriously contaminate the waters thereof. The board shall adopt any feasible method to accomplish the object for which such sanitary district may be created, and may also provide means whereby the sanitary district may reach and procure supplies of water for diluting and flushing purposes. The board of trustees of any sanitary district formed under this Act may also enter into an agreement to sell, convey, or disburse treated wastewater to any public or private entity located within 50 miles of the district's boundaries. or outside of the boundaries of the sanitary district. Any use of treated wastewater by any public or private entity shall be subject to the orders of the Pollution Control Board. The agreement may not exceed 30 20 years.

Nothing set forth in this Section may be construed to empower, authorize or require such board of trustees to operate a system of water works for the purpose of furnishing or delivering water to any such municipality or to the inhabitants thereof without payment therefor at such rates as the board may determine. Nothing in this Act shall require a sanitary district to extend service to any individual residence or other building within the district, and it is the intent of the Illinois General Assembly that any construction contemplated by this Section shall be restricted to construction of works and main or interceptor sewers, conduits, channels and similar facilities, but not individual service lines. Nothing in this Act contained authorizes the trustees to flow the sewage of such district into Lake Michigan. Any such plan for sewage disposal by any sanitary district organized hereunder is prohibited, unless such sewage has been treated and purified as provided in this Section, all laws of the Federal government relating to the pollution of navigable waters have been complied with, the approval of plans and constructions of outlets and connection with any of the streams or navigable bodies of water within or bordering upon the State has been obtained from the Department of Natural Resources of the State. The discharge of any sewage from any such district into any of the streams or navigable bodies of water within or bordering upon the State is subject to the orders of the Pollution Control Board. Nothing in this Act contained may be construed as superseding or in any manner limiting the provisions of the Environmental Protection Act.

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

(Source: P.A. 100-31, eff. 8-4-17.)

Section 15. The Sanitary District Act of 1917 is amended by changing Section 7.9 as follows:

(70 ILCS 2405/7.9)

Sec. 7.9. Private agreements for wastewater treatment.

(a) The board of trustees of a sanitary district organized under this Act the Sanitary District of Decatur or the Bloomington and Normal Water Reclamation District may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the district's District's boundaries. The agreement may not exceed 30 years. The district Sanitary District of Decatur or the Bloomington and Normal Water Reclamation District may also accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries.

(b) In addition, the district Sanitary District of Decatur or the Bloomington and Normal Water Reclamation District may acquire and accept, by gift, grant, purchase, or otherwise, pursuant to its authority under this Act, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under this Section.

(c) This Section does not apply to private entities located outside of the State.

(Source: P.A. 104-186, eff. 8-15-25.)

Section 20. The Metropolitan Water Reclamation District Act is amended by adding Section 7i as follows:

(70 ILCS 2605/7i new)

Sec. 7i. Private agreements for wastewater treatment.

(a) The board of trustees of a sanitary district organized under this Act may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the district's boundaries. The agreement may not exceed 30 years. The district may also accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries.

(b) In addition, the district may acquire and accept, by gift, grant, purchase, or otherwise, pursuant to its authority under this Act, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under this Section.

(c) This Section does not apply to private entities located outside of the State.

Section 25. The Sanitary District Act of 1936 is amended by adding Section 12.2 as follows:

(70 ILCS 2805/12.2 new)

Sec. 12.2. Private agreements for wastewater treatment.

(a) The board of trustees of a sanitary district organized under this Act may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the district's boundaries. The agreement may not exceed 30 years. The district may also accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries.

(b) In addition, the district may acquire and accept, by gift, grant, purchase, or otherwise, pursuant to its authority under this Act, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under this Section.

(c) This Section does not apply to private entities located outside of the State.

Section 30. The Metro-East Sanitary District Act of 1974 is amended by adding Section 2-5.5 as follows:

(70 ILCS 2905/2-5.5 new)

Sec. 2-5.5. Private agreements for wastewater treatment.

(a) The board of trustees of a sanitary district organized under this Act may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the district's boundaries. The agreement may not exceed 30 years. The district may also accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries.

(b) In addition, the district may acquire and accept, by gift, grant, purchase, or otherwise, pursuant to its authority under this Act, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under this Section.

(c) This Section does not apply to private entities located outside of the State.

Section 35. The Eastern Will Sanitary District Act is amended by adding Section 25 as follows:

(70 ILCS 3020/25 new)

Sec. 25. Private agreements for wastewater treatment.

(a) The board of trustees of the District may enter into an agreement to sell, convey, or disburse treated wastewater to a private entity located within 50 miles of the District's boundaries. The agreement may not exceed 30 years. The District may also accept wastewater for treatment from a private entity located within 50 miles of the district's boundaries.

(b) In addition, the District may acquire and accept, by gift, grant, purchase, or otherwise, pursuant to its authority under this Act, a fee simple interest or any lesser interest as may be desired in real property necessary to carry out its powers under this Section.

(c) This Section does not apply to private entities located outside of the State.

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