HB0248 EnrolledLRB097 05468 RLJ 45527 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The North Shore Sanitary District Act is amended
5by changing Sections 3, 7, and 28 and by adding Section 30 as
6follows:
 
7    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
8    Sec. 3. Election of trustees; terms. The corporate
9authority of the North Shore Sanitary District shall consist of
105 trustees.
11    Within 20 days after the adoption of the Act, as provided
12in Section 1, the county governing body shall proceed to divide
13the sanitary district into 5 wards for the purpose of electing
14trustees. One trustee shall be elected for each ward on the
15date of the next regular county election. In each sanitary
16district organized pursuant to the provisions of this Act prior
17to the effective date of this amendatory Act of 1975, one
18trustee shall be elected for each ward on the date of the
19regular county election in the year 1976. However, the
20population in no one ward shall be less than 1/6 of the
21population of the whole district and the territory in each of
22the wards shall be composed of contiguous territory in as
23compact form as practicable. A portion of each ward shall abut

 

 

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1the west shore of Lake Michigan and the boundaries of the
2respective wards shall coincide with precinct boundaries and
3the boundaries of existing municipalities as nearly as
4practicable. In the year 1981, and every 10 years thereafter,
5the sanitary district board of trustees shall reapportion the
6district, so that the respective wards shall conform as nearly
7as practicable with the above requirements as to population,
8shape and territory.
9    The trustees shall hold office respectively for 4 years
10from the first Monday of May after their election and until
11their successors are appointed and qualified, except that the
12term of office of 2 of the trustees first elected shall be for
132 years. Which of the trustees first elected shall serve a term
14of 2 years shall be determined by lot at their first meeting.
15Notwithstanding the foregoing provisions, all
16    All trustees elected from in 1994 through 2011 or
17thereafter shall assume office on the first Monday in December
18following the general election instead of the first Monday in
19May of the following year. All trustees elected in 2012 or
20thereafter shall assume office on the second Wednesday in
21December following the general election.
22    In the year 1982, and every 10 years thereafter, following
23each decennial Federal census, all 5 trustees shall be elected.
24Immediately following each decennial redistricting, the
25sanitary district board of trustees shall divide the wards into
262 groups, one of which shall consist of 3 wards and the other

 

 

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1shall consist of 2 wards. Trustees from one group shall serve
2terms of 4 years, 4 years and 2 years; and trustees from the
3other group shall serve terms of 2 years, 4 years and 4 years.
4    Each of the trustees, upon entering the duties of their
5respective offices, shall execute a bond with security, in the
6amount and form to be approved by the corporate authorities,
7payable to the district, in the penal sum of not less than
8$10,000.00, as directed by resolution or ordinance,
9conditioned upon the faithful performance of the duties of the
10office. Each bond shall be filed with and preserved by the
11board secretary.
12    When a vacancy exists in the office of trustees of any
13sanitary district organized under the provisions of this Act,
14the vacancy shall be filled by appointment by the president of
15the sanitary district board of trustees, with the advice and
16consent of the sanitary district board of trustees, until the
17next regular election at which trustees of the sanitary
18district are elected, and shall be made a matter of record in
19the office of the county clerk in the county in which the
20district is located.
21    A majority of the board of trustees shall constitute a
22quorum, but a smaller number may adjourn from day to day. No
23trustee or employee of the district shall be directly or
24indirectly interested in any contract, work or business of the
25district, or the sale of any article, the expense, price or
26consideration of which is paid by the district; nor in the

 

 

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1purchase of any real estate or other property belonging to the
2district, or which shall be sold for taxes or assessments, or
3by virtue of legal process at the suit of the district. The
4trustees have the power to provide and adopt a corporate seal
5for the district.
6(Source: P.A. 95-607, eff. 9-11-07.)
 
7    (70 ILCS 2305/7)  (from Ch. 42, par. 283)
8    Sec. 7. Powers of the board of trustees. The board of
9trustees of any sanitary district organized under this Act may
10provide for the disposal of the sewage thereof and save and
11preserve the water supplied to the inhabitants of such district
12from contamination. For that purpose the board may construct
13and maintain an enclosed conduit or conduits, main pipes,
14wholly or partially submerged, buried or otherwise, and by
15means of pumps or otherwise cause such sewage to flow or to be
16forced through such conduit or conduits, pipe or pipes to and
17into any ditch or canal constructed and operated by any other
18sanitary district, after having first acquired the right so to
19do. Such board may provide for the drainage of such district by
20laying out, establishing, constructing and maintaining one or
21more channels, drains, ditches and outlets for carrying off and
22disposing of the drainage (including the sewage) of such
23district, together with such adjuncts and additions thereto as
24may be necessary or proper to cause such channels or outlets to
25accomplish the end for which they are designed, in a

 

 

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1satisfactory manner, including pumps and pumping stations and
2the operation of the same. Such board shall provide suitable
3and modernly equipped sewage disposal works or plants for the
4separation and disposal of all solids and deleterious matter
5from the liquids, and shall treat and purify the residue of
6such sewage so that when it flows into any lake, it will not
7injuriously contaminate the waters thereof. The board shall
8adopt any feasible method to accomplish the object for which
9such sanitary district may be created, and may also provide
10means whereby the sanitary district may reach and procure
11supplies of water for diluting and flushing purposes. The board
12of trustees of any sanitary district formed under this Act may
13also enter into an agreement to sell, convey, or disburse
14treated wastewater to any public or private entity located
15within or outside of the boundaries of the sanitary district.
16Any use of treated wastewater by any public or private entity
17shall be subject to the orders of the Pollution Control Board.
18The agreement may not exceed 20 years.
19    Nothing set forth in this Section However, nothing herein
20contained may be construed to empower, authorize or require
21such board of trustees to operate a system of water works for
22the purpose of furnishing or delivering water to any such
23municipality or to the inhabitants thereof without payment
24therefor at such rates as the board may determine. Nothing in
25this Act shall require a sanitary district to extend service to
26any individual residence or other building within the district,

 

 

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1and it is the intent of the Illinois General Assembly that any
2construction contemplated by this Section shall be restricted
3to construction of works and main or interceptor sewers,
4conduits, channels and similar facilities, but not individual
5service lines. Nothing in this Act contained authorizes the
6trustees to flow the sewage of such district into Lake
7Michigan. Any such plan for sewage disposal by any sanitary
8district organized hereunder is prohibited, unless such sewage
9has been treated and purified as provided in this Section, all
10laws of the Federal government relating to the pollution of
11navigable waters have been complied with, the approval of plans
12and constructions of outlets and connection with any of the
13streams or navigable bodies of water within or bordering upon
14the State has been obtained from the Department of Natural
15Resources of the State. The discharge of any sewage from any
16such district into any of the streams or navigable bodies of
17water within or bordering upon the State is subject to the
18orders of the Pollution Control Board. Nothing in this Act
19contained may be construed as superseding or in any manner
20limiting the provisions of the Environmental Protection Act.
21    After the construction of such sewage disposal plant, if
22the board finds that it will promote the prevention of
23pollution of waters of the State, such board of trustees may
24adopt ordinances or rules and regulations, prohibiting or
25regulating the discharge to sewers of inadmissible wastes or
26substances toxic to biological wastewater treatment processes.

 

 

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1Inadmissible wastes include those which create a fire or
2explosion hazard in the sewer or treatment works; those which
3will impair the hydraulic capacity of sewer systems; and those
4which in any quantity, create a hazard to people, sewer
5systems, treatment processes, or receiving waters. Substances
6that may be toxic to wastewater treatment processes include
7copper, chromium, lead, zinc, arsenic and nickel and any
8poisonous compounds such as cyanide or radioactive wastes which
9pass through wastewater treatment plants in hazardous
10concentrations and menace users of the receiving waters. Such
11ordinances or rules and regulations shall be effective
12throughout the sanitary district, in the incorporated areas as
13well as the unincorporated areas and all public sewers therein.
14(Source: P.A. 89-445, eff. 2-7-96.)
 
15    (70 ILCS 2305/28)  (from Ch. 42, par. 296.8)
16    Sec. 28. Annexation of contiguous territory. The board of
17trustees of any sanitary district may annex any territory which
18is not within the corporate limits of the sanitary district,
19provided:
20        (a) The territory is contiguous to the annexing
21    sanitary district; and
22        (b) The territory is served by the sanitary district or
23    by a municipality with sanitary sewers that are connected
24    and served by the sanitary district.
25    The annexation shall be accomplished only by ordinance and

 

 

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1the ordinance shall include a description of the annexed
2territory. A copy of the ordinance and a map of the annexed
3territory certified as true and accurate by the clerk of the
4annexing sanitary district shall be filed with the county clerk
5of the county in which the annexed territory is located. The
6new boundary shall extend to the far side of any adjacent
7highway and shall include all of every highway within the area
8annexed. These highways shall be considered to be annexed even
9though not included in the legal description set forth in the
10annexation ordinance.
11    The territory to be annexed to the sanitary district shall
12be considered to be contiguous to the sanitary district
13notwithstanding that the territory to be annexed is divided by,
14or that the territory to be annexed is separated from the
15sanitary district by, one or more railroad rights-of-ways,
16public easements, or properties owned by a public utility, a
17forest preserve district, a public agency, or a not-for-profit
18corporation.
19(Source: P.A. 86-1191.)
 
20    (70 ILCS 2305/30 new)
21    Sec. 30. Claims for compensation. No claim for compensation
22shall be made or action for damages filed against a sanitary
23district formed under this Act on account of any damage to
24property occurring on or after January 1, 2012, unless notice
25in writing is filed with the secretary of the sanitary

 

 

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1district's board of trustees within 6 months after the
2occurrence of the damage setting forth the following
3information: (i) the name and residence address of the owner of
4the property damaged, (ii) the property's location, and (iii)
5the probable extent of the damage sustained.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.