97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5319

 

Introduced 2/8/2012, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2405/7  from Ch. 42, par. 306

    Amends the Sanitary District Act of 1917. Authorizes the board of trustees of a sanitary district to enter into an agreement to sell, convey, or disburse treated wastewater with any public or private entity located within or outside of the boundaries of the sanitary district. Further provides that any use of treated wastewater by any public or private entity shall be subject to the orders of the Pollution Control Board. Effective immediately.


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A BILL FOR

 

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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 Sanitary District Act of 1917 is amended by
5changing Section 7 as follows:
 
6    (70 ILCS 2405/7)  (from Ch. 42, par. 306)
7    Sec. 7. The board of trustees of any sanitary district
8organized under this Act shall have power to provide for the
9disposal of the sewage thereof including the sewage and
10drainage of any incorporated city, town or village within the
11boundaries of such district and to save and preserve the water
12supplied to the inhabitants of such district from contamination
13and for that purpose may construct and maintain an enclosed
14conduit or conduits, main pipe or pipes, wholly or partially
15submerged, buried or otherwise, and by means of pumps or
16otherwise cause such sewage to flow or to be forced through
17such conduit or conduits, pipe or pipes to and into any ditch
18or canal constructed and operated by any other sanitary
19district, after having first acquired the right so to do, or
20such board may provide for the drainage of such district by
21laying out, establishing, constructing and maintaining one or
22more channels, drains, ditches and outlets, for carrying off
23and disposing of the drainage (including the sewage) of such

 

 

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1district together with such adjuncts and additions thereto as
2may be necessary or proper to cause such channels or outlets to
3accomplish the end for which they are designed, in a
4satisfactory manner, including pumps and pumping stations and
5the operation of the same. Such board may also treat and purify
6such sewage so that when the same shall flow into any lake or
7other water-course, it will not injuriously contaminate the
8waters thereof, and may adopt any other feasible method to
9accomplish the object for which such sanitary district may be
10created, and may also provide means whereby the sanitary
11district may reach and procure supplies of water for diluting
12and flushing purposes; provided, however, that nothing herein
13contained shall be construed to empower or authorize such board
14of trustees to operate a system of waterworks for the purposes
15of furnishing or delivering water to any such municipality or
16to the inhabitants thereof. Nothing in this Act shall require a
17sanitary district to extend service to any individual residence
18or other building within the district, and it is the intent of
19the Illinois General Assembly that any construction
20contemplated by this Section shall be restricted to
21construction of works and main or interceptor sewers, conduits,
22channels and similar facilities, but not individual service
23lines. Nothing in this Act contained shall authorize the
24trustees to flow the sewage of such district into Lake
25Michigan.
26    Every such sanitary district shall proceed as rapidly as is

 

 

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1reasonably possible to provide sewers and a plant or plants for
2the treatment and purification of its sewage, which plant or
3plants shall be of suitable kind and sufficient capacity to
4properly treat and purify such sewage so as to conduce to the
5preservation of the public health, comfort and convenience and
6to render the sewage harmless, insofar as is reasonably
7possible, to animal, fish and plant life. Any violation of this
8proviso and any failure to observe and follow same, by any
9sanitary district organized under this Act, shall be held, and
10is hereby declared, to be a business offense and fined on the
11part of the sanitary district not less than $1,000 nor more
12than $10,000, and the trustees thereof may be ousted from
13office as trustees of the district by an order of the court
14before whom the cause is heard. Upon the complaint of the
15Environmental Protection Agency it shall be the duty of the
16Pollution Control Board to cause the foregoing provisions to be
17enforced in accordance with Section 31 of the "Environmental
18Protection Act". Nothing in this Act contained shall be
19construed as superseding or in any manner limiting the
20provisions of the "Environmental Protection Act".
21    The board of trustees of any sanitary district formed under
22this Act may also enter into an agreement to sell, convey, or
23disburse treated wastewater to any public or private entity
24located within or outside of the boundaries of the sanitary
25district. Any use of treated wastewater by any public or
26private entity shall be subject to the orders of the Pollution

 

 

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1Control Board. The agreement may not exceed 20 years.
2    In providing works for the disposal of industrial sewage,
3commonly called industrial wastes, in the manner above provided
4whether the industrial sewage is disposed of in combination
5with municipal sewage or independently, the Sanitary District
6shall have power to apportion and collect therefor, from the
7producer thereof, fair additional construction, maintenance
8and operating costs over and above those covered by normal
9taxes, and in case of dispute as to the fairness of such
10additional construction, maintenance and operating costs, then
11the same shall be determined by a board of three engineers, one
12appointed by the sanitary district, one appointed by such
13producer or producers or their legal representatives, and the
14third to be appointed by the two engineers selected as above
15described. In the event the two engineers so selected shall
16fail to agree upon a third engineer then upon the petition of
17either of the parties the circuit judge shall appoint such
18third engineer. A decision of a majority of the board shall be
19binding on both parties and the cost of the services of the
20board shall be shared by both parties equally.
21    In providing works, including the main pipes referred to
22above, for the disposal of raw sewage, in the manner above
23provided, whether such sewage is disposed of in combination
24with municipal sewage or independently, the Sanitary District
25shall have power to collect a fair and reasonable charge for
26connection to its system in addition to those charges covered

 

 

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1by normal taxes, for the construction, expansion and extension
2of the works of the system, the charge to be assessed against
3new or additional users of the system and to be known as a
4connection charge. Such construction, expansion and extension
5of the works of the system shall include proposed or existing
6collector systems and may, at the discretion of such District,
7include connections by individual properties. The charge for
8connection shall be determined by the District and may equal or
9exceed the actual cost to the District of the construction,
10expansion or extension of the works of the system required by
11the connection. The funds thus collected shall be used by the
12Sanitary District for its general corporate purposes with
13primary application thereof being made by the necessary
14expansion of the works of the system to meet the requirements
15of the new users thereof.
16(Source: P.A. 85-1209.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.