Illinois General Assembly - Full Text of SB2136
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Full Text of SB2136  101st General Assembly




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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 North Shore Water Reclamation District Act
5is amended by changing Sections 4, 7.6, 11, and 16 and by
6adding Section 7.8 as follows:
7    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
8    Sec. 4. Board of trustees; powers; compensation. The
9trustees shall constitute a board of trustees for the district.
10The board of trustees is the corporate authority of the
11district, and shall exercise all the powers and manage and
12control all the affairs and property of the district. The board
13shall elect a president and vice-president from among their own
14number. In case of the death, resignation, absence from the
15state, or other disability of the president, the powers, duties
16and emoluments of the office of the president shall devolve
17upon the vice-president, until the disability is removed or
18until a successor to the president is appointed and chosen in
19the manner provided in this Act. The board may select a
20secretary, treasurer, executive director, and attorney, and
21may provide by ordinance for the employment of other employees
22as the board may deem necessary for the municipality. The board
23may appoint such other officers and hire such employees to



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1manage and control the operations of the district as it deems
2necessary; provided, however, that the board shall not employ
3an individual as a wastewater operator whose Certificate of
4Technical Competency is suspended or revoked under rules
5adopted by the Pollution Control Board under item (4) of
6subsection (a) of Section 13 of the Environmental Protection
7Act. All employees selected by the board shall hold their
8respective offices during the pleasure of the board, and give
9such bond as may be required by the board. The board may
10prescribe the duties and fix the compensation of all the
11officers and employees of the sanitary district. However, the
12president of the board of trustees shall not receive more than
13$10,000 per year and the other members of the board shall not
14receive more than $7,000 per year. However, beginning with the
15commencement of the new term of each board member in 1993, the
16president shall not receive more than $11,000 per year and each
17other member of the board shall not receive more than $8,000
18per year. Beginning with the commencement of the first new term
19after the effective date of this amendatory Act of the 95th
20General Assembly, the president of the board shall not receive
21more than $18,000 $14,000 per year, and each other member of
22the board shall not receive more than $15,000 $11,000 per year.
23The board of trustees has full power to pass all necessary
24ordinances, rules and regulations for the proper management and
25conduct of the business of the board and of the corporation,
26and for carrying into effect the objects for which the sanitary



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1district was formed. The ordinances may provide for a fine for
2each offense of not less than $100 or more than $1,000. Each
3day's continuance of a violation shall be a separate offense.
4Fines under this Section are recoverable by the sanitary
5district in a civil action. The sanitary district is authorized
6to apply to the circuit court for injunctive relief or mandamus
7when, in the opinion of the chief administrative officer, the
8relief is necessary to protect the sewerage system of the
9sanitary district.
10    The board of trustees shall have the authority to change
11the name of the District, by ordinance, to the North Shore
12Water Reclamation District. Any such name change shall not
13impair the legal status of any act by the sanitary district. If
14an ordinance is passed pursuant to this paragraph, all
15provisions of this Act shall apply to the newly renamed
16district. No rights, duties, or privilege of such sanitary
17district or of any person existing before the change of name
18shall be affected by the change in the name of the sanitary
19district. All proceedings pending in any court relating to such
20sanitary district may continue to final consummation under the
21name in which they were commenced.
22(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
23    (70 ILCS 2305/7.6)
24    Sec. 7.6. Rates for treatment and disposal of sewage and
25surface or ground water. The board of trustees shall have the



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1authority by ordinance to establish, revise, and maintain rates
2or charges for the treatment and disposal of sewage and surface
3or ground water. Any user charge, industrial waste surcharge,
4connection fee or connection-related fee, or industrial cost
5recovery charge imposed by the sanitary district, together with
6all penalties, interest, and costs imposed in connection
7therewith, shall be liens against the real estate which
8receives the service or benefit for which the charges are being
9imposed; provided, however, such liens shall not attach to such
10real estate until such charges or rates have become delinquent
11as provided by the ordinance of the sanitary district and
12provided further, that nothing in this Section shall be
13construed to give the sanitary district a preference over the
14rights of any purchaser, mortgagee, judgment creditor, or other
15lien holder arising prior to the filing in the office of the
16recorder of the county in which real estate is located of
17notice of the lien, which notice shall consist of a sworn
18statement setting out (1) a description of the real estate for
19which the service or the benefit was rendered sufficient to
20identify the real estate, (2) the amount or amounts of money
21due for such service or benefit, and (3) the date or dates when
22such amount or amounts became delinquent. The sanitary district
23shall have the power to foreclose such lien in the same manner
24and with the same effect as in the foreclosure of mortgages on
25real estate. The payment of connection fees or
26connection-related fees by the user or any other interested



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1party is a condition for the continued connection of the real
2property or any structure thereon. The sanitary district shall
3have the authority to terminate all connections and service to
4any real property or structure thereon if any connection fee or
5connection-related fee is not paid within 60 days from the date
6such payment is due by the user or any other party that has an
7interest or subsequently acquires an interest in the property.
8    The assertion of liens against real estate by the sanitary
9district to secure payment of user charges, industrial waste
10surcharges, connection fee or connection-related fee, or
11industrial cost recovery charges imposed by the sanitary
12district as indicated in the previous paragraph shall be in
13addition to any other remedy or right of recovery which the
14sanitary district may have with respect to the collection or
15recovery of such charges imposed by the sanitary district.
16Judgment in a civil action brought by the sanitary district to
17recover or collect such charges shall not operate as a release
18and waiver of the lien upon the real estate for the amount of
19the judgment. Only satisfaction of the judgment or the filing
20of a release or satisfaction of lien shall release said lien.
21The lien for charges on account of services or benefits
22provided for in this Section and the rights created hereunder
23shall be in addition to the lien upon real estate created by
24and imposed for general real estate taxes.
25(Source: P.A. 99-669, eff. 7-29-16.)



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1    (70 ILCS 2305/7.8 new)
2    Sec. 7.8. Nutrient trading.
3    (a) The sanitary district may participate in any available
4nutrient trading program in the State for meeting water quality
6    (b) The authorization granted to the sanitary district
7under this Section shall not be construed as modifying or
8limiting any other law or rule. Any actions taken pursuant to
9this Section must be in compliance with all applicable laws and
10rules, including, but not limited to, the Environmental
11Protection Act and rules adopted under that Act.
12    (c) If the sanitary district participates in a nutrient
13trading program under subsection (a), the sanitary district
14shall give preference to trading investments: (i) that will
15benefit low-income or rural communities; and (ii) where local
16water quality improvements can be realized.
17    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
18    Sec. 11. Except as otherwise provided in this Section, all
19contracts for purchases or sales by the municipality, the
20expense of which will exceed the mandatory competitive bid
21threshold, shall be let to the lowest responsible bidder
22therefor upon not less than 14 days' public notice of the terms
23and conditions upon which the contract is to be let, having
24been given by publication in a newspaper of general circulation
25published in the district, and the board may reject any and all



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1bids and readvertise. In determining the lowest responsible
2bidder, the board shall take into consideration the qualities
3and serviceability of the articles supplied, their conformity
4with specifications, their suitability to the requirements of
5the district, the availability of support services, the
6uniqueness of the service, materials, equipment, or supplies as
7it applies to network integrated computer systems, the
8compatibility of the service, materials, equipment or supplies
9with existing equipment, and the delivery terms. Contracts for
10services in excess of the mandatory competitive bid threshold
11may, subject to the provisions of this Section, be let by
12competitive bidding at the discretion of the district board of
13trustees. All contracts for purchases or sales that will not
14exceed the mandatory competitive bid threshold may be made in
15the open market without publication in a newspaper as above
16provided, but whenever practical shall be based on at least 3
17competitive bids. For purposes of this Section, the "mandatory
18competitive bid threshold" is a dollar amount equal to 0.1% of
19the total general fixed assets of the district as reported in
20the most recent required audit report. In no event, however,
21shall the mandatory competitive bid threshold dollar amount be
22less than $10,000, nor more than $40,000.
23    Cash, a cashier's check, a certified check, or a bid bond
24with adequate surety approved by the board of trustees as a
25deposit of good faith, in a reasonable amount, but not in
26excess of 10% of the contract amount, may be required of each



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1bidder by the district on all bids involving amounts in excess
2of the mandatory competitive bid threshold and, if so required,
3the advertisement for bids shall so specify.
4    Contracts which by their nature are not adapted to award by
5competitive bidding, including, without limitation, contracts
6for the services of individuals, groups or firms possessing a
7high degree of professional skill where the ability or fitness
8of the individual or organization plays an important part,
9contracts for financial management services undertaken
10pursuant to "An Act relating to certain investments of public
11funds by public agencies", approved July 23, 1943, as now or
12hereafter amended, contracts for the purchase or sale of
13utilities, contracts for commodities including supply
14contracts for natural gas and electricity, contracts for
15materials economically procurable only from a single source of
16supply, contracts for services, supplies, materials, parts, or
17equipment which are available only from a single source or
18contracts for maintenance, repairs, OEM supplies, or OEM parts
19from the manufacturer or from a source authorized by the
20manufacturer, contracts for the use, purchase, delivery,
21movement, or installation of data processing equipment,
22software, or services and telecommunications and interconnect
23equipment, software, or services, contracts for duplicating
24machines and supplies, contracts for goods or services procured
25from another governmental agency, purchases of equipment
26previously owned by an entity other than the district itself,



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1purchases of used equipment, purchases at auction or similar
2transactions which by their very nature are not suitable to
3competitive bids, and leases of real property where the
4sanitary district is the lessee shall not be subject to the
5competitive bidding requirements of this Section.
6    The District may use a design-build procurement method for
7any public project which shall not be subject to the
8competitive bidding requirements of this Section provided the
9Board of Trustees approves the contract for the public project
10by a vote of 4 of the 5 trustees. For the purposes of this
11Section, "design-build" means a delivery system that provides
12responsibility within a single contract for the furnishing of
13architecture, engineering, land surveying and related services
14as required, and the labor, materials, equipment, and other
15construction services for the project.
16    In the case of an emergency affecting the public health or
17safety so declared by the Board of Trustees of the municipality
18at a meeting thereof duly convened, which declaration shall
19require the affirmative vote of four of the five Trustees, and
20shall set forth the nature of the danger to the public health
21or safety, contracts totaling not more than the emergency
22contract cap may be let to the extent necessary to resolve such
23emergency without public advertisement or competitive bidding.
24For purposes of this Section, the dollar amount of an emergency
25contract shall not be less than $40,000, nor more than $500,000
26$350,000. The Resolution or Ordinance in which such declaration



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1is embodied shall fix the date upon which such emergency shall
2terminate which date may be extended or abridged by the Board
3of Trustees as in their judgment the circumstances require. A
4full written account of any such emergency, together with a
5requisition for the materials, supplies, labor or equipment
6required therefor shall be submitted immediately upon
7completion and shall be open to public inspection for a period
8of at least one year subsequent to the date of such emergency
10    To address operating emergencies not affecting the public
11health or safety, the Board of Trustees shall authorize, in
12writing, officials or employees of the sanitary district to
13purchase in the open market and without advertisement any
14supplies, materials, equipment, or services for immediate
15delivery to meet the bona fide operating emergency, without
16filing a requisition or estimate therefor, in an amount not in
17excess of $100,000; provided that the Board of Trustees must be
18notified of the operating emergency. A full, written account of
19each operating emergency and a requisition for the materials,
20supplies, equipment, and services required to meet the
21operating emergency must be immediately submitted by the
22officials or employees authorized to make purchases to the
23Board of Trustees. The account must be available for public
24inspection for a period of at least one year after the date of
25the operating emergency purchase. The exercise of authority
26with respect to purchases for a bona fide operating emergency



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1is not dependent on a declaration of an operating emergency by
2the Board of Trustees.
3    The competitive bidding requirements of this Section do not
4apply to contracts, including contracts for both materials and
5services incidental thereto, for the repair or replacement of a
6sanitary district's treatment plant, sewers, equipment, or
7facilities damaged or destroyed as the result of a sudden or
8unexpected occurrence, including, but not limited to, a flood,
9fire, tornado, earthquake, storm, or other natural or man-made
10disaster, if the board of trustees determines in writing that
11the awarding of those contracts without competitive bidding is
12reasonably necessary for the sanitary district to maintain
13compliance with a permit issued under the National Pollution
14Discharge Elimination System (NPDES) or any successor system or
15with any outstanding order relating to that compliance issued
16by the United States Environmental Protection Agency, the
17Illinois Environmental Protection Agency, or the Illinois
18Pollution Control Board. The authority to issue contracts
19without competitive bidding pursuant to this paragraph expires
206 months after the date of the writing determining that the
21awarding of contracts without competitive bidding is
22reasonably necessary.
23    No Trustee shall be interested, directly or indirectly, in
24any contract, work or business of the municipality, or in the
25sale of any article, whenever the expense, price or
26consideration of the contract work, business or sale is paid



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1either from the treasury or by any assessment levied by any
2Statute or Ordinance. No Trustee shall be interested, directly
3or indirectly, in the purchase of any property which (1)
4belongs to the municipality, or (2) is sold for taxes or
5assessments of the municipality, or (3) is sold by virtue of
6legal process in the suit of the municipality.
7    A contract for any work or other public improvement, to be
8paid for in whole or in part by special assessment or special
9taxation, shall be entered into and the performance thereof
10controlled by the provisions of Division 2 of Article 9 of the
11"Illinois Municipal Code", approved May 29, 1961, as heretofore
12or hereafter amended, as near as may be. However, contracts may
13be let for making proper and suitable connections between the
14mains and outlets of the respective sanitary sewers in the
15district with any conduit, conduits, main pipe or pipes that
16may be constructed by such sanitary district.
17(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.