Full Text of HB0372 99th General Assembly
HB0372sam001 99TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 5/31/2015
| | 09900HB0372sam001 | | LRB099 06061 AWJ 36472 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 372
| 2 | | AMENDMENT NO. ______. Amend House Bill 372, on page 1, | 3 | | immediately below line 3, by inserting the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Section 205-140 as follows:
| 6 | | (60 ILCS 1/205-140)
| 7 | | Sec. 205-140. Initiating proceedings for particular | 8 | | locality; rates
and charges; lien. | 9 | | (a) A township board may initiate proceedings under | 10 | | Sections 205-130 through
205-150 in the manner provided by | 11 | | Section 205-20.
| 12 | | (b) The township board may establish the rate or charge to | 13 | | each
user of the waterworks system or sewerage system, or | 14 | | combined waterworks
and sewerage system, or improvement or | 15 | | extension at a rate that will be
sufficient to pay the | 16 | | principal and interest of any bonds issued to pay
the cost of |
| | | 09900HB0372sam001 | - 2 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | the system, improvement, or extension and the maintenance and
| 2 | | operation of the system, improvement, or extension and may | 3 | | provide an adequate
depreciation fund for the bonds. Charges or | 4 | | rates shall be established,
revised, and maintained by | 5 | | ordinance and become payable as the township board
determines | 6 | | by ordinance.
| 7 | | (c) The charges or rates are liens upon the real estate | 8 | | upon or for which
sewerage service is supplied whenever the | 9 | | charges or rates become delinquent as
provided by the ordinance | 10 | | of the board fixing a delinquency date.
| 11 | | (d) Notwithstanding any provision of law to the contrary, | 12 | | the township shall conduct a cost study regarding the | 13 | | connection charge of the township: | 14 | | (1) before the township increases or creates a | 15 | | connection charge; | 16 | | (2) upon the request of the supervisor or a majority of | 17 | | the township board of the township; or | 18 | | (3) upon the request of a majority of the mayors or | 19 | | village presidents of all the municipalities located | 20 | | within or substantially within the township. | 21 | | The cost study shall be conducted by an independent entity | 22 | | within 6 months of action taken under paragraphs (1), (2), or | 23 | | (3) of this subsection (d). The cost study must include, at a | 24 | | minimum, an examination of similar water main and sewer | 25 | | connection charges in neighboring units of local government or | 26 | | units of local government similar in size or population. |
| | | 09900HB0372sam001 | - 3 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | Following the completion of the cost study, no increase or new | 2 | | connection charge may be imposed unless the increase or new | 3 | | charge is justified by the cost study. If the connection charge | 4 | | the township charged prior to completion of the cost study is | 5 | | higher than is justified by the cost study, the township shall | 6 | | reduce its connection charge to the amount justified by the | 7 | | cost study. For purposes of this subsection (d), "connection | 8 | | charge" means a charge assessed to recover the cost of | 9 | | connecting the customer's water main, sewer, or water main and | 10 | | sewer service line to the township's facilities, and includes | 11 | | only the direct and indirect costs of physically tying the | 12 | | service line into the township's main. | 13 | | (Source: P.A. 82-783; 88-62.)
| 14 | | Section 10. The Illinois Municipal Code is amended by | 15 | | adding Section 11-150-2 as follows: | 16 | | (65 ILCS 5/11-150-2 new) | 17 | | Sec. 11-150-2. Connection fee cost study. Notwithstanding | 18 | | any provision of law to the contrary, the municipality shall | 19 | | conduct a cost study regarding the connection charge of the | 20 | | municipality: | 21 | | (1) before the municipality increases or creates a | 22 | | connection charge; or | 23 | | (2) upon the request of the mayor or village president, | 24 | | or a majority of the corporate authorities of the |
| | | 09900HB0372sam001 | - 4 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | municipality. | 2 | | The cost study shall be conducted by an independent entity | 3 | | within 6 months after action is taken under paragraphs (1) or | 4 | | (2) of this Section. The cost study must include, at a minimum, | 5 | | an examination of similar water main and sewer connection | 6 | | charges in neighboring units of local government or units of | 7 | | local government similar in size or population. Following the | 8 | | completion of the cost study, no increase or new connection | 9 | | charge may be imposed unless the increase or new charge is | 10 | | justified by the cost study. If the connection charge the | 11 | | municipality charged prior to completion of the cost study is | 12 | | higher than is justified by the cost study, the municipality | 13 | | shall reduce its connection charge to the amount justified by | 14 | | the cost study. For purposes of this Section, "connection | 15 | | charge" means a charge assessed to recover the cost of | 16 | | connecting the customer's water main, sewer, or water main and | 17 | | sewer service line to the municipality's facilities, and | 18 | | includes only the direct and indirect costs of physically tying | 19 | | the service line into the municipality's main. | 20 | | Section 15. The Sanitary District Act of 1907 is amended by | 21 | | adding Section 14.5 as follows: | 22 | | (70 ILCS 2205/14.5 new) | 23 | | Sec. 14.5. Connection fee cost study. Notwithstanding any | 24 | | provision of law to the contrary, the sanitary district shall |
| | | 09900HB0372sam001 | - 5 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | conduct a cost study regarding the connection charge of the | 2 | | sanitary district: | 3 | | (1) before the sanitary district increases or creates a | 4 | | connection charge; or | 5 | | (2) upon the request of the president of the board of | 6 | | trustees or a majority of the board of trustees of the | 7 | | sanitary district. | 8 | | The cost study shall be conducted by an independent entity | 9 | | within 6 months after action is taken under paragraphs (1) or | 10 | | (2) of this Section. The cost study must include, at a minimum, | 11 | | an examination of similar water main and sewer connection | 12 | | charges in neighboring units of local government or units of | 13 | | local government similar in size or population. Following the | 14 | | completion of the cost study, no increase or new connection | 15 | | charge may be imposed unless the increase or new charge is | 16 | | justified by the cost study. If the connection charge the | 17 | | sanitary district charged prior to completion of the cost study | 18 | | is higher than is justified by the cost study, the sanitary | 19 | | district shall reduce its connection charge to the amount | 20 | | justified by the cost study. For purposes of this Section, | 21 | | "connection charge" means a charge assessed to recover the cost | 22 | | of connecting the customer's water main, sewer, or water main | 23 | | and sewer service line to the sanitary district's facilities, | 24 | | and includes only the direct and indirect costs of physically | 25 | | tying the service line into the sanitary district's main. |
| | | 09900HB0372sam001 | - 6 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | Section 20. The North Shore Sanitary District Act is | 2 | | amended by changing Section 7.1 as follows:
| 3 | | (70 ILCS 2305/7.1) (from Ch. 42, par. 283.1)
| 4 | | Sec. 7.1.
In providing works for the treatment of | 5 | | industrial sewage,
commonly called industrial wastes, whether | 6 | | the industrial sewage is
disposed of in combination with | 7 | | municipal sewage or independently, the
sanitary district has | 8 | | power to apportion and collect therefore, from the
producer | 9 | | thereof, fair additional construction, maintenance and | 10 | | operating
costs over and above those covered by normal taxes, | 11 | | and in case of dispute
as to the fairness of such additional | 12 | | construction, maintenance and
operating costs, then the same | 13 | | shall be determined by an arbitration board
of 3 engineers, one | 14 | | appointed by the sanitary district, one appointed by
such | 15 | | producer or producers or their legal representatives, and the | 16 | | third to
be appointed by the 2 engineers selected as above | 17 | | described. In the event
the 2 engineers so selected fail to | 18 | | agree upon a third engineer then upon
the petition of either of | 19 | | the parties the circuit judge shall appoint such
third | 20 | | engineer. A decision of a majority of the arbitration board | 21 | | shall be
binding on both parties and the cost of the services | 22 | | of the arbitration
board shall be shared by both parties | 23 | | equally. Such decision is an
administrative decision and is | 24 | | subject to judicial review as provided in
the Administrative | 25 | | Review Law.
|
| | | 09900HB0372sam001 | - 7 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | In providing works, including the main pipes referred to in | 2 | | Section 7,
for the treatment of raw sewage, in the manner | 3 | | provided in this Act, whether
such sewage is treated in | 4 | | combination with municipal sewage or
independently, the | 5 | | sanitary district has power to collect a fair and
reasonable | 6 | | charge for connection to its system in addition to those | 7 | | charges
covered by normal taxes, for the construction, | 8 | | expansion and extension of
the works of the system, the charge | 9 | | to be assessed against new or
additional users of the system | 10 | | and to be known as a connection charge.
Such construction, | 11 | | expansion and extension of the works of the system
shall | 12 | | include proposed or existing collector systems and may, at the
| 13 | | discretion of such district, include connections by individual | 14 | | properties.
The charge for connection shall be determined by | 15 | | the district and may equal
or exceed the actual cost to the | 16 | | district of the construction, expansion or
extension of the | 17 | | works of the system required by the connection. The
funds thus | 18 | | collected shall be used by the sanitary district for its | 19 | | general
corporate purposes with primary application thereof | 20 | | being made by the
necessary expansion of the works of the | 21 | | system to meet the requirements of
the new users thereof. | 22 | | Notwithstanding any provision of law to the contrary, the | 23 | | sanitary district shall conduct a cost study regarding the | 24 | | connection charge of the sanitary district: | 25 | | (1) before the sanitary district increases or creates a | 26 | | connection charge; or |
| | | 09900HB0372sam001 | - 8 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | (2) upon the request of the president of the board of | 2 | | trustees or a majority of the board of trustees of the | 3 | | sanitary district. | 4 | | The cost study shall be conducted by an independent entity | 5 | | within 6 months after action is taken under paragraphs (1) or | 6 | | (2) of this Section. The cost study must include, at a minimum, | 7 | | an examination of similar water main and sewer connection | 8 | | charges in neighboring units of local government or units of | 9 | | local government similar in size or population. Following the | 10 | | completion of the cost study, no increase or new connection | 11 | | charge may be imposed unless the increase or new charge is | 12 | | justified by the cost study. If the connection charge the | 13 | | sanitary district charged prior to completion of the cost study | 14 | | is higher than is justified by the cost study, the sanitary | 15 | | district shall reduce its connection charge to the amount | 16 | | justified by the cost study. For purposes of this Section, | 17 | | "connection charge" means a charge assessed to recover the cost | 18 | | of connecting the customer's water main, sewer, or water main | 19 | | and sewer service line to the sanitary district's facilities, | 20 | | and includes only the direct and indirect costs of physically | 21 | | tying the service line into the sanitary district's main.
| 22 | | (Source: P.A. 98-162, eff. 8-2-13.)
| 23 | | Section 25. The Sanitary District Act of 1917 is amended by | 24 | | changing Section 7 as follows:
|
| | | 09900HB0372sam001 | - 9 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | (70 ILCS 2405/7) (from Ch. 42, par. 306)
| 2 | | Sec. 7.
The board of trustees of any sanitary district | 3 | | organized under this
Act shall have power to provide for the | 4 | | disposal of the sewage thereof
including the sewage and | 5 | | drainage of any incorporated city, town or village
within the | 6 | | boundaries of such district and to save and preserve the water
| 7 | | supplied to the inhabitants of such district from contamination | 8 | | and for
that purpose may construct and maintain an enclosed | 9 | | conduit or conduits,
main pipe or pipes, wholly or partially | 10 | | submerged, buried or otherwise, and
by means of pumps or | 11 | | otherwise cause such sewage to flow or to be forced
through | 12 | | such conduit or conduits, pipe or pipes to and into any ditch | 13 | | or
canal constructed and operated by any other sanitary | 14 | | district, after having
first acquired the right so to do, or | 15 | | such board may provide for the
drainage of such district by | 16 | | laying out, establishing, constructing and
maintaining one or | 17 | | more channels, drains, ditches and outlets, for carrying
off | 18 | | and disposing of the drainage (including the sewage) of such | 19 | | district
together with such adjuncts and additions thereto as | 20 | | may be necessary or
proper to cause such channels or outlets to | 21 | | accomplish the end for which
they are designed, in a | 22 | | satisfactory manner, including pumps and pumping
stations and | 23 | | the operation of the same. Such board may also treat and
purify | 24 | | such sewage so that when the same shall flow into any lake or | 25 | | other
water-course, it will not injuriously contaminate the | 26 | | waters thereof, and
may adopt any other feasible method to |
| | | 09900HB0372sam001 | - 10 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | accomplish the object for which such
sanitary district may be | 2 | | created, and may also provide means whereby the
sanitary | 3 | | district may reach and procure supplies of water for diluting | 4 | | and
flushing purposes; provided, however, that nothing herein | 5 | | contained shall
be construed to empower or authorize such board | 6 | | of trustees to operate a
system of waterworks for the purposes | 7 | | of furnishing or delivering water to
any such municipality or | 8 | | to the inhabitants thereof. Nothing in this Act
shall require a | 9 | | sanitary district to extend service to any individual
residence | 10 | | or other building within the district, and it is the intent of
| 11 | | the Illinois General Assembly that any construction | 12 | | contemplated by this
Section shall be restricted to | 13 | | construction of works and main or
interceptor sewers, conduits, | 14 | | channels and similar facilities, but not
individual service | 15 | | lines. Nothing in this Act
contained shall authorize the | 16 | | trustees to flow the sewage of such district
into Lake | 17 | | Michigan.
| 18 | | Every such sanitary district shall proceed as rapidly as is | 19 | | reasonably
possible to provide sewers and a plant or plants for | 20 | | the treatment and
purification of its sewage, which plant or | 21 | | plants shall be of suitable kind
and sufficient capacity to | 22 | | properly treat and purify such sewage so as to
conduce to the | 23 | | preservation of the public health, comfort and convenience
and | 24 | | to render the sewage harmless, insofar as is reasonably | 25 | | possible, to
animal, fish and plant life. Any violation of this | 26 | | proviso and any failure
to observe and follow same, by any |
| | | 09900HB0372sam001 | - 11 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | sanitary district organized under this
Act, shall be held, and | 2 | | is hereby declared, to be a business offense and
fined on the | 3 | | part of the sanitary district not less than $1,000 nor more
| 4 | | than $10,000, and the trustees thereof may be ousted from | 5 | | office as
trustees of the district by an order of the court | 6 | | before whom the cause is
heard. Upon the complaint of the | 7 | | Environmental Protection Agency it shall
be the duty of the | 8 | | Pollution Control Board to cause the foregoing
provisions to be | 9 | | enforced in accordance with Section 31 of the
"Environmental | 10 | | Protection Act". Nothing in this Act contained shall be
| 11 | | construed as superseding or in any manner limiting the | 12 | | provisions of the
"Environmental Protection Act".
| 13 | | The board of trustees of any sanitary district formed under | 14 | | this Act may also enter into an agreement to sell, convey, or | 15 | | disburse treated wastewater to any public or private entity | 16 | | located within or outside of the boundaries of the sanitary | 17 | | district. Any use of treated wastewater by any public or | 18 | | private entity shall be subject to the orders of the Pollution | 19 | | Control Board. The agreement may not exceed 20 years. | 20 | | In providing works for the disposal of industrial sewage, | 21 | | commonly
called industrial wastes, in the manner above provided | 22 | | whether the
industrial sewage is disposed of in combination | 23 | | with municipal sewage or
independently, the Sanitary District | 24 | | shall have power to apportion and
collect therefor, from the | 25 | | producer thereof, fair additional construction,
maintenance | 26 | | and operating costs over and above those covered by normal
|
| | | 09900HB0372sam001 | - 12 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | taxes, and in case of dispute as to the fairness of such | 2 | | additional
construction, maintenance and operating costs, then | 3 | | the same shall be
determined by a board of three engineers, one | 4 | | appointed by the sanitary
district, one appointed by such | 5 | | producer or producers or their legal
representatives, and the | 6 | | third to be appointed by the two engineers selected
as above | 7 | | described. In the event the two engineers so selected shall | 8 | | fail
to agree upon a third engineer then upon the petition of | 9 | | either of the
parties the circuit judge shall appoint such | 10 | | third engineer. A decision of
a majority of the board shall be | 11 | | binding on both parties and the cost of
the services of the | 12 | | board shall be shared by both parties equally.
| 13 | | In providing works, including the main pipes referred to | 14 | | above, for the
disposal of raw sewage, in the manner above | 15 | | provided, whether such sewage
is disposed of in combination | 16 | | with municipal sewage or independently, the
Sanitary District | 17 | | shall have power to collect a fair and reasonable charge
for | 18 | | connection to its system in addition to those charges covered | 19 | | by normal
taxes, for the construction, expansion and extension | 20 | | of the works of the
system, the charge to be assessed against | 21 | | new or additional users of the
system and to be known as a | 22 | | connection charge. Such construction,
expansion and extension | 23 | | of the works of the system shall include proposed
or existing | 24 | | collector systems and may, at the discretion of such District,
| 25 | | include connections by individual properties. The charge for | 26 | | connection
shall be determined by the District and may equal or |
| | | 09900HB0372sam001 | - 13 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | exceed the actual cost
to the District of the construction, | 2 | | expansion or extension of the works of
the system required by | 3 | | the connection. The funds thus collected
shall be used by the | 4 | | Sanitary District for its general corporate purposes
with | 5 | | primary application thereof being made by the necessary | 6 | | expansion of
the works of the system to meet the requirements | 7 | | of the new users thereof. Notwithstanding any provision of law | 8 | | to the contrary, the Sanitary District shall conduct a cost | 9 | | study regarding the connection charge of the Sanitary District: | 10 | | (1) before the Sanitary District increases or creates a | 11 | | connection charge; or | 12 | | (2) upon the request of the president of the board of | 13 | | trustees or a majority of the board of trustees of the | 14 | | Sanitary District. | 15 | | The cost study shall be conducted by an independent entity | 16 | | within 6 months after action is taken under paragraphs (1) or | 17 | | (2) of this Section. The cost study must include, at a minimum, | 18 | | an examination of similar water main and sewer connection | 19 | | charges in neighboring units of local government or units of | 20 | | local government similar in size or population. Following the | 21 | | completion of the cost study, no increase or new connection | 22 | | charge may be imposed unless the increase or new charge is | 23 | | justified by the cost study. If the connection charge the | 24 | | Sanitary District charged prior to completion of the cost study | 25 | | is higher than is justified by the cost study, the Sanitary | 26 | | District shall reduce its connection charge to the amount |
| | | 09900HB0372sam001 | - 14 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | justified by the cost study. For purposes of this Section, | 2 | | "connection charge" means a charge assessed to recover the cost | 3 | | of connecting the customer's water main, sewer, or water main | 4 | | and sewer service line to the Sanitary District's facilities, | 5 | | and includes only the direct and indirect costs of physically | 6 | | tying the service line into the Sanitary District's main.
| 7 | | (Source: P.A. 97-1000, eff. 8-17-12.)"; and
| 8 | | on page 1, line 4, by replacing "Section 5" with "Section 30"; | 9 | | and | 10 | | on page 1, line 5, by replacing "and 4.14" with "4.14, and 7f"; | 11 | | and | 12 | | on page 10, immediately below line 20, by inserting the | 13 | | following:
| 14 | | "(70 ILCS 2605/7f) (from Ch. 42, par. 326f)
| 15 | | Sec. 7f. Regulation of connecting sewerage systems.
| 16 | | (a) It shall be unlawful for any person to construct or | 17 | | install
any sewerage system that discharges sewage, industrial | 18 | | wastes, or
other wastes, directly or indirectly, into the | 19 | | sewerage system of the sanitary
district, unless a written | 20 | | permit for the sewerage system has been granted by
the sanitary | 21 | | district acting through the executive director.
The sanitary | 22 | | district shall specify by ordinance the changes, additions, or
|
| | | 09900HB0372sam001 | - 15 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | extensions to an existing sewerage system that will require a | 2 | | permit.
No changes,
additions, or extensions to any existing | 3 | | sewerage systems discharging sewage,
industrial wastes, or | 4 | | other wastes into the sewerage system of the sanitary
district, | 5 | | that requires a permit, may be made until plans for the | 6 | | changes,
additions, or extensions
have been submitted to and a | 7 | | written permit obtained from the sanitary district
acting | 8 | | through the executive director; provided, however, that this
| 9 | | Section is not applicable in any municipality having a | 10 | | population of more
than 500,000.
| 11 | | (b) Sewerage systems shall be operated in accordance with | 12 | | the ordinances of
the sanitary district. The Board of | 13 | | Commissioners of any sanitary district is
authorized to
| 14 | | regulate, limit, extend, deny, or otherwise control any new or | 15 | | existing
connection, addition, or extension to any sewer or | 16 | | sewerage system which
directly or indirectly discharges into | 17 | | the sanitary district sewerage system.
The Board shall adopt | 18 | | standards and specifications for construction, operation,
and | 19 | | maintenance. This Section shall not apply to sewerage systems | 20 | | under the
jurisdiction of any city, village, or incorporated | 21 | | town having a population of
500,000 or more.
| 22 | | (c) The Board of Commissioners of any sanitary district is | 23 | | hereby authorized
to pass all necessary ordinances to carry out | 24 | | the aforementioned powers. The
ordinances may provide for a | 25 | | civil penalty for each offense of not less than
$100 nor more | 26 | | than $1,000. Each day's continuance of the violation shall be a
|
| | | 09900HB0372sam001 | - 16 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | separate offense. Hearings for violations of the ordinances | 2 | | adopted by the
Board of Commissioners may be conducted by the | 3 | | Board of Commissioners or its
designee.
| 4 | | (d) Plans and specifications for any sewerage system | 5 | | covered by this Act
must be submitted to the sanitary district | 6 | | before a written permit may be
issued and the construction of | 7 | | any sewerage system must be in accordance
with the plans and | 8 | | specifications. In case it is necessary or desirable to
make | 9 | | material changes in the plans or specifications, the revised | 10 | | plans or
specifications, together with the reasons for the | 11 | | proposed changes, must be
submitted to the sanitary district | 12 | | for a supplemental written permit.
| 13 | | (e) The sanitary district, acting through the executive | 14 | | director, may
require any owner of a sewerage system | 15 | | discharging into the sewerage system of
the sanitary district, | 16 | | to file with it complete plans of the whole or of any
part of | 17 | | the system and any other information and records concerning the
| 18 | | installation and operation of the system.
| 19 | | (f) The sanitary district, acting through the executive | 20 | | director, may
establish procedures for the review of any plans, | 21 | | specifications, or other data
relative to any sewerage system, | 22 | | written permits for which are required by this
Act.
| 23 | | (g) The sanitary district, acting through the executive | 24 | | director, may
adopt and enforce rules and regulations governing | 25 | | the issuance of permits and
the method and manner under which | 26 | | plans, specifications, or other data relative
thereto must be |
| | | 09900HB0372sam001 | - 17 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | submitted for the sewerage systems or for additions or changes
| 2 | | to or extensions of the systems.
| 3 | | (h) After a hearing on an alleged violation of any such | 4 | | ordinance, the Board
may, in addition to any civil penalty | 5 | | imposed, order any person found to have
committed a violation | 6 | | to reimburse the sanitary district for the costs of the
| 7 | | hearing, including any expenses incurred for inspection, | 8 | | sampling, analysis,
administrative costs, and court reporter's | 9 | | and attorney's fees. The Board of
Commissioners may also | 10 | | require a person to achieve compliance with the
ordinance | 11 | | within a specified period of time.
The Administrative Review | 12 | | Law, and the rules adopted under that Law, shall
govern | 13 | | proceedings for the judicial review of final orders of the | 14 | | Board of
Commissioners issued under this subsection.
| 15 | | (i) Civil penalties and costs imposed pursuant to this | 16 | | Section are
recoverable by the sanitary district in a civil | 17 | | action. The sanitary district
is authorized to apply to the | 18 | | circuit court for injunctive relief or mandamus
when, in the | 19 | | opinion of the executive director, the person has failed to
| 20 | | comply with an order of the Board of Commissioners or the | 21 | | relief is necessary
to protect the sewerage system of the | 22 | | sanitary district.
| 23 | | (j) The operation and maintenance of any existing sanitary | 24 | | sewerage system
serving territory that is annexed by a | 25 | | municipality located in a county with a
population of 3,000,000 | 26 | | or more after the effective date of this amendatory Act
of the |
| | | 09900HB0372sam001 | - 18 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | 92nd General Assembly is the responsibility of the municipality | 2 | | to which
the territory is annexed, unless the sanitary sewerage | 3 | | system is under the
jurisdiction of another unit of local | 4 | | government other than the District.
| 5 | | (k) Notwithstanding any provision of law to the contrary, | 6 | | the sanitary district shall conduct a cost study regarding the | 7 | | connection charge of the sanitary district: | 8 | | (1) before the sanitary district increases or creates a | 9 | | connection charge; or | 10 | | (2) upon the request of the president of the board of | 11 | | commissioners or a majority of the board of commissioners | 12 | | of the sanitary district. | 13 | | The cost study shall be conducted by an independent entity | 14 | | within 6 months after action is taken under paragraphs (1) or | 15 | | (2) of this subsection (k). The cost study must include, at a | 16 | | minimum, an examination of similar water main and sewer | 17 | | connection charges in neighboring units of local government or | 18 | | units of local government similar in size or population. | 19 | | Following the completion of the cost study, no increase or new | 20 | | connection charge may be imposed unless the increase or new | 21 | | charge is justified by the cost study. If the connection charge | 22 | | the sanitary district charged prior to completion of the cost | 23 | | study is higher than is justified by the cost study, the | 24 | | sanitary district shall reduce its connection charge to the | 25 | | amount justified by the cost study. For purposes of this | 26 | | subsection (k), "connection charge" means a charge assessed to |
| | | 09900HB0372sam001 | - 19 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | recover the cost of connecting the customer's water main, | 2 | | sewer, or water main and sewer service line to the sanitary | 3 | | district's facilities, and includes only the direct and | 4 | | indirect costs of physically tying the service line into the | 5 | | sanitary district's main. | 6 | | (Source: P.A. 95-923, eff. 1-1-09.)
| 7 | | Section 35. The Sanitary District Act of 1936 is amended by | 8 | | adding Section 25b as follows: | 9 | | (70 ILCS 2805/25b new) | 10 | | Sec. 25b. Connection fee cost study. Notwithstanding any | 11 | | provision of law to the contrary, the sanitary district shall | 12 | | conduct a cost study regarding the connection charge of the | 13 | | sanitary district: | 14 | | (1) before the sanitary district increases or creates a | 15 | | connection charge; or | 16 | | (2) upon the request of the president of the board of | 17 | | trustees or a majority of the board of trustees of the | 18 | | sanitary district. | 19 | | The cost study shall be conducted by an independent entity | 20 | | within 6 months after action is taken under paragraphs (1) or | 21 | | (2) of this Section. The cost study must include, at a minimum, | 22 | | an examination of similar water main and sewer connection | 23 | | charges in neighboring units of local government or units of | 24 | | local government similar in size or population. Following the |
| | | 09900HB0372sam001 | - 20 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | completion of the cost study, no increase or new connection | 2 | | charge may be imposed unless the increase or new charge is | 3 | | justified by the cost study. If the connection charge the | 4 | | sanitary district charged prior to completion of the cost study | 5 | | is higher than is justified by the cost study, the sanitary | 6 | | district shall reduce its connection charge to the amount | 7 | | justified by the cost study. For purposes of this Section, | 8 | | "connection charge" means a charge assessed to recover the cost | 9 | | of connecting the customer's water main, sewer, or water main | 10 | | and sewer service line to the sanitary district's facilities, | 11 | | and includes only the direct and indirect costs of physically | 12 | | tying the service line into the sanitary district's main. | 13 | | Section 40. The Metro-East Sanitary District Act of 1974 is | 14 | | amended by adding Section 2-3.5 as follows: | 15 | | (70 ILCS 2905/2-3.5 new) | 16 | | Sec. 2-3.5. Connection fee cost study. Notwithstanding any | 17 | | provision of law to the contrary, the sanitary district shall | 18 | | conduct a cost study regarding the connection charge of the | 19 | | sanitary district: | 20 | | (1) before the sanitary district increases or creates a | 21 | | connection charge; or | 22 | | (2) upon the request of the president of the board of | 23 | | commissioners or a majority of the board of commissioners | 24 | | of the sanitary district. |
| | | 09900HB0372sam001 | - 21 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | The cost study shall be conducted by an independent entity | 2 | | within 6 months after action is taken under paragraphs (1) or | 3 | | (2) of this Section. The cost study must include, at a minimum, | 4 | | an examination of similar water main and sewer connection | 5 | | charges in neighboring units of local government or units of | 6 | | local government similar in size or population. Following the | 7 | | completion of the cost study, no increase or new connection | 8 | | charge may be imposed unless the increase or new charge is | 9 | | justified by the cost study. If the connection charge the | 10 | | sanitary district charged prior to completion of the cost study | 11 | | is higher than is justified by the cost study, the sanitary | 12 | | district shall reduce its connection charge to the amount | 13 | | justified by the cost study. For purposes of this Section, | 14 | | "connection charge" means a charge assessed to recover the cost | 15 | | of connecting the customer's water main, sewer, or water main | 16 | | and sewer service line to the sanitary district's facilities, | 17 | | and includes only the direct and indirect costs of physically | 18 | | tying the service line into the sanitary district's main. | 19 | | Section 45. The Public Water District Act is amended by | 20 | | changing Section 23f as follows:
| 21 | | (70 ILCS 3705/23f) (from Ch. 111 2/3, par. 210f)
| 22 | | Sec. 23f.
Whenever revenue bonds are issued under Section | 23 | | 23e of this Act,
the income and revenue derived from the | 24 | | operation of the combined waterworks
and sewerage system of the |
| | | 09900HB0372sam001 | - 22 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | district shall be used only (1) to pay the cost
of operation | 2 | | and maintenance of the system; (2) to pay principal of and
| 3 | | interest on any revenue bonds issued hereunder; (3) to provide | 4 | | an adequate
depreciation fund; and (4) to create and maintain | 5 | | such reasonable reserves
as may be provided in the ordinance | 6 | | authorizing the issuance of the bonds,
including, without | 7 | | limitation, a bond reserve fund and a reserve for proposed
| 8 | | future improvements and extensions to the system in accordance | 9 | | with a master
plan, as the same may be amended or revised from | 10 | | time to time, duly approved
by ordinance or resolution of the | 11 | | board of trustees. The depreciation fund
is to be used for such | 12 | | replacements as may be necessary from time to time
for the | 13 | | continued, effective and efficient operation of the system, | 14 | | which
fund shall not be allowed to accumulate beyond a | 15 | | reasonable amount necessary
for that purpose, the terms and | 16 | | provisions of which shall be incorporated
in the ordinance | 17 | | authorizing the issuance of the bonds.
| 18 | | The board of trustees is authorized to charge rates and | 19 | | charges for the
use and service of the combined waterworks and | 20 | | sewerage system, and to defray
the costs of connections | 21 | | thereto, which shall be sufficient at all times
(1) to pay the | 22 | | cost of maintenance and operation of the system, (2) to pay
the | 23 | | principal of and interest upon all revenue bonds issued under | 24 | | the
provisions of Section 23e of this Act, (3) to provide an | 25 | | adequate depreciation
fund, and (4) to create and maintain such | 26 | | reasonable reserves as may be
provided in the ordinance |
| | | 09900HB0372sam001 | - 23 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | authorizing the issuance of any such revenue bonds,
including, | 2 | | without limitation, a bond reserve fund and a reserve for | 3 | | proposed
future improvements and extensions to the system in | 4 | | accordance with a master
plan, as the same may be amended or | 5 | | revised from time to time, duly approved by
ordinance or | 6 | | resolution of the board of trustees. The board of trustees may
| 7 | | also impose upon the owner of any residential lot in a platted | 8 | | subdivision
within the district a fair and reasonable minimum | 9 | | charge for availability,
or readiness to serve fee, to pay a | 10 | | portion of the cost of having facilities
available to supply | 11 | | service when needed. Charges or rates shall be established,
| 12 | | revised, and maintained by ordinance and become payable as the | 13 | | board of
trustees may determine by ordinance. Any ordinance | 14 | | establishing rates and
charges shall be published within 30 | 15 | | days after its adoption in a newspaper
published in the | 16 | | district, and if there is no such newspaper, in a newspaper
| 17 | | published in the county and having a general circulation in the | 18 | | district, and
shall become effective 10 days after such | 19 | | publication. Notwithstanding any provision of law to the | 20 | | contrary, the public water district shall conduct a cost study | 21 | | regarding the connection charge of the public water district: | 22 | | (1) before the public water district increases or | 23 | | creates a connection charge; or | 24 | | (2) upon the request of the Chairman of the board of | 25 | | trustees or a majority of the board of trustees of the | 26 | | board of trustees. |
| | | 09900HB0372sam001 | - 24 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | The cost study shall be conducted by an independent entity | 2 | | within 6 months after action is taken under paragraphs (1) or | 3 | | (2) of this Section. The cost study must include, at a minimum, | 4 | | an examination of similar water main and sewer connection | 5 | | charges in neighboring units of local government or units of | 6 | | local government similar in size or population. Following the | 7 | | completion of the cost study, no increase or new connection | 8 | | charge may be imposed unless the increase or new charge is | 9 | | justified by the cost study. If the connection charge the | 10 | | public water district charged prior to completion of the cost | 11 | | study is higher than is justified by the cost study, the public | 12 | | water district shall reduce its connection charge to the amount | 13 | | justified by the cost study. For purposes of this Section, | 14 | | "connection charge" means a charge assessed to recover the cost | 15 | | of connecting the customer's water main, sewer, or water main | 16 | | and sewer service line to the public water district's | 17 | | facilities, and includes only the direct and indirect costs of | 18 | | physically tying the service line into the public water | 19 | | district's main.
| 20 | | Such charges or rates, including any penalties for late | 21 | | payment, are liens
upon the real estate upon or for which | 22 | | service is supplied or made available
whenever the charges or | 23 | | rates become delinquent as provided by any ordinance
of the | 24 | | district fixing a delinquency date. A lien is created under the
| 25 | | preceding sentence only if the district sends to the owner or | 26 | | owners of record
of the real estate, as referenced by the |
| | | 09900HB0372sam001 | - 25 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | taxpayer's identification number, (i)
a copy of each | 2 | | delinquency notice sent to the person who is delinquent in
| 3 | | paying the charges or rates or other notice sufficient to | 4 | | inform the owner or
owners of record, as referenced by the | 5 | | taxpayer's identification number, that
the charges or rates | 6 | | have become delinquent and (ii) a notice that unpaid
charges or | 7 | | rates may create a lien on the real estate under this Section. | 8 | | Such
liens shall arise ipso facto upon the delinquency of such | 9 | | charges or rates;
however, the district has no preference over | 10 | | the rights of any purchaser,
mortgagee, judgment creditor, or | 11 | | other lien holder arising prior to the filing
of a notice of | 12 | | such a lien in the office of the recorder of the county in | 13 | | which
such real estate is located, or in the office of the | 14 | | registrar of titles of
such county if the property affected is | 15 | | registered under the Torrens system.
This notice shall consist | 16 | | of a sworn statement setting out (1) a description of
such real | 17 | | estate sufficient for the identification thereof, (2) the | 18 | | amount of
money due for such service or availability, and (3) | 19 | | the date when such amount
became delinquent. The district shall | 20 | | send a copy of the notice of the lien to
the owner or owners of | 21 | | record of the real estate, as referenced by the
taxpayer's | 22 | | identification number. The district has the power to foreclose | 23 | | this
lien in the same manner and with the same effect as in the | 24 | | foreclosure of
mortgages on real estate and shall be entitled | 25 | | to recover its reasonable
expenses and costs, including | 26 | | attorney's fees, incurred in connection with such
foreclosure |
| | | 09900HB0372sam001 | - 26 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | proceeding. The district may, upon the payment of such | 2 | | reasonable
administrative fees as it may establish for the | 3 | | service, furnish to any
requesting party current statements | 4 | | evidencing the status of any account and
releases evidencing | 5 | | the payment of delinquent charges and the release,
discharge | 6 | | and satisfaction of any lien arising therefrom.
| 7 | | The holder of any bond or any interest coupon of any such | 8 | | revenue bonds
of any such district may in any civil action, | 9 | | mandamus or other proceeding
enforce and compel the performance | 10 | | of all duties required by this Act and
the covenants and | 11 | | undertakings set forth in any bond ordinance, including
the | 12 | | making and collecting of sufficient rates and charges for the | 13 | | use, service
or availability of the combined waterworks and | 14 | | sewerage system of the district,
and the proper application of | 15 | | the income and revenue therefrom.
| 16 | | (Source: P.A. 87-1197.)
| 17 | | Section 50. The Water Service District Act is amended by | 18 | | adding Section 5.3 as follows: | 19 | | (70 ILCS 3710/5.3 new) | 20 | | Sec. 5.3. Connection fee cost study. Notwithstanding any | 21 | | provision of law to the contrary, the water service district | 22 | | shall conduct a cost study regarding the connection charge of | 23 | | the water service district: | 24 | | (1) before the water service district increases or |
| | | 09900HB0372sam001 | - 27 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | creates a connection charge; or | 2 | | (2) upon the request of the president of the board of | 3 | | trustees or a majority of the board of trustees of the | 4 | | water service district. | 5 | | The cost study shall be conducted by an independent entity | 6 | | within 6 months after action is taken under paragraphs (1) or | 7 | | (2) of this Section. The cost study must include, at a minimum, | 8 | | an examination of similar water main and sewer connection | 9 | | charges in neighboring units of local government or units of | 10 | | local government similar in size or population. Following the | 11 | | completion of the cost study, no increase or new connection | 12 | | charge may be imposed unless the increase or new charge is | 13 | | justified by the cost study. If the connection charge the water | 14 | | service district charged prior to completion of the cost study | 15 | | is higher than is justified by the cost study, the water | 16 | | service district shall reduce its connection charge to the | 17 | | amount justified by the cost study. For purposes of this | 18 | | Section, "connection charge" means a charge assessed to recover | 19 | | the cost of connecting the customer's water main, sewer, or | 20 | | water main and sewer service line to the water service | 21 | | district's facilities, and includes only the direct and | 22 | | indirect costs of physically tying the service line into the | 23 | | water service district's main. | 24 | | Section 55. The Water Authorities Act is amended by adding | 25 | | Section 4.5 as follows: |
| | | 09900HB0372sam001 | - 28 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | (70 ILCS 3715/4.5 new) | 2 | | Sec. 4.5. Connection fee cost study. Notwithstanding any | 3 | | provision of law to the contrary, the water authority shall | 4 | | conduct a cost study regarding the connection charge of the | 5 | | water authority: | 6 | | (1) before the water authority increases or creates a | 7 | | connection charge; or | 8 | | (2) upon the request of the chairman of the board of | 9 | | trustees or a majority of the board of trustees of the | 10 | | water authority. | 11 | | The cost study shall be conducted by an independent entity | 12 | | within 6 months after action is taken under paragraphs (1) or | 13 | | (2) of this Section. The cost study must include, at a minimum, | 14 | | an examination of similar water main and sewer connection | 15 | | charges in neighboring units of local government or units of | 16 | | local government similar in size or population. Following the | 17 | | completion of the cost study, no increase or new connection | 18 | | charge may be imposed unless the increase or new charge is | 19 | | justified by the cost study. If the connection charge the water | 20 | | authority charged prior to completion of the cost study is | 21 | | higher than is justified by the cost study, the water authority | 22 | | shall reduce its connection charge to the amount justified by | 23 | | the cost study. For purposes of this Section, "connection | 24 | | charge" means a charge assessed to recover the cost of | 25 | | connecting the customer's water main, sewer, or water main and |
| | | 09900HB0372sam001 | - 29 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | sewer service line to the water authority's facilities, and | 2 | | includes only the direct and indirect costs of physically tying | 3 | | the service line into the water authority's main. | 4 | | Section 60. The Water Commission Act of 1985 is amended by | 5 | | changing Section 0.001b as follows: | 6 | | (70 ILCS 3720/0.001b) | 7 | | Sec. 0.001b. Powers and duties. A water commission has the | 8 | | power and duty to: | 9 | | (1) establish and define the responsibilities of the | 10 | | commission and its committees; | 11 | | (2) establish and define the responsibilities of the | 12 | | commission's management and staff; | 13 | | (3) establish a finance committee to conduct monthly | 14 | | meetings to supervise staff's handling of financial | 15 | | matters and budgeting; | 16 | | (4) require the finance director and treasurer to | 17 | | report to the finance committee the status of all | 18 | | commission funds and obligations; | 19 | | (5) require the treasurer to report to the commission | 20 | | any improper or unnecessary expenditures, budgetary | 21 | | errors, or accounting irregularities; | 22 | | (6) require commission staff to document and comply | 23 | | with standard accounting policies, procedures, and | 24 | | controls to ensure accurate reporting to the finance |
| | | 09900HB0372sam001 | - 30 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | committee and commission and to identify improper or | 2 | | unnecessary expenditures, budgetary errors, or accounting | 3 | | irregularities; | 4 | | (7) require the commission's finance director to | 5 | | provide monthly reports regarding the commission's cash | 6 | | and investment position including whether the commission | 7 | | has sufficient cash and investments to pay its debt | 8 | | service, operating expenses, and capital expenditures and | 9 | | maintain required reserve levels. The information shall | 10 | | include the required funding levels for restricted funds | 11 | | and unrestricted cash and investment balances with | 12 | | comparisons to unrestricted reserves. The information | 13 | | shall also include the type and performance of the | 14 | | commission's investments and description as to whether | 15 | | those investments are in compliance with the commission's | 16 | | investment policies; | 17 | | (8) require the commission's finance director to | 18 | | provide the commission with detailed information | 19 | | concerning the commission's operating performance | 20 | | including the budgeted and actual monthly amounts for water | 21 | | sales, water costs, and other operating expenses; | 22 | | (9) require commission staff to provide the commission | 23 | | with detailed information regarding the progress of | 24 | | capital projects including whether the percentage of | 25 | | completion and costs incurred are timely; | 26 | | (10) require the commission's staff accountant to |
| | | 09900HB0372sam001 | - 31 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | perform bank reconciliations and general ledger account | 2 | | reconciliations on a monthly basis; the finance director | 3 | | shall review these reconciliations and provide them to the | 4 | | treasurer and the finance committee on a monthly basis; | 5 | | (l1) establish policies to ensure the proper | 6 | | segregation of the financial duties performed by | 7 | | employees; | 8 | | (12) restrict access to the established accounting | 9 | | systems and general ledger systems and provide for adequate | 10 | | segregation of duties so that no single person has sole | 11 | | access and control over the accounting system or the | 12 | | general ledger system; | 13 | | (13) require that the finance director review and | 14 | | approve all manual journal entries and supporting | 15 | | documentation; the treasurer shall review and approve the | 16 | | finance director's review and approval of manual journal | 17 | | entries and supporting documentation; | 18 | | (14) require that the finance director closely monitor | 19 | | the progress of construction projects; | 20 | | (15) require that the finance director carefully | 21 | | document any GAAP analysis or communications with GASB and | 22 | | provide full and timely reports for the same to the finance | 23 | | committee; and | 24 | | (16) retain an outside independent auditor to perform a | 25 | | comprehensive audit of the water commission's financial | 26 | | activities for each fiscal year in conformance with the |
| | | 09900HB0372sam001 | - 32 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | standard practices of the Association of Governmental | 2 | | Auditors; within 30 days after the independent audit is | 3 | | completed, the results of the audit must be sent to the | 4 | | county auditor ; and . | 5 | | (17) notwithstanding any provision of law to the | 6 | | contrary, shall conduct a cost study regarding the | 7 | | connection charge of the water commission: | 8 | | (A) before the water commission increases or | 9 | | creates a connection charge; or | 10 | | (B) upon the request of the chairperson of the | 11 | | water commissioners or a majority of the water | 12 | | commissioners of the water commission. | 13 | | The cost study shall be conducted by an independent | 14 | | entity within 6 months after action is taken under items | 15 | | (A) or (B) of this paragraph (17). The cost study must | 16 | | include, at a minimum, an examination of similar water main | 17 | | and sewer connection charges in neighboring units of local | 18 | | government or units of local government similar in size or | 19 | | population. Following the completion of the cost study, no | 20 | | increase or new connection charge may be imposed unless the | 21 | | increase or new charge is justified by the cost study. If | 22 | | the connection charge the water commission charged prior to | 23 | | completion of the cost study is higher than is justified by | 24 | | the cost study, the water commission shall reduce its | 25 | | connection charge to the amount justified by the cost | 26 | | study. For purposes of this paragraph (17), "connection |
| | | 09900HB0372sam001 | - 33 - | LRB099 06061 AWJ 36472 a |
|
| 1 | | charge" means a charge assessed to recover the cost of | 2 | | connecting the customer's water main, sewer, or water main | 3 | | and sewer service line to the water commission's | 4 | | facilities, and includes only the direct and indirect costs | 5 | | of physically tying the service line into the water | 6 | | commission's main.
| 7 | | (Source: P.A. 96-1389, eff. 7-29-10.)".
|
|