Full Text of HB0248 97th General Assembly
HB0248enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The North Shore Sanitary District Act is amended | 5 | | by changing Sections 3, 7, and 28 and by adding Section 30 as | 6 | | follows:
| 7 | | (70 ILCS 2305/3) (from Ch. 42, par. 279)
| 8 | | Sec. 3. Election of trustees; terms. The corporate | 9 | | authority of the North Shore Sanitary District
shall consist of | 10 | | 5 trustees.
| 11 | | Within 20 days after the adoption of the Act, as provided | 12 | | in Section
1, the county governing body shall proceed to divide | 13 | | the sanitary
district into 5 wards for the purpose of electing | 14 | | trustees. One trustee shall
be elected for each ward on the | 15 | | date of the next regular county election. In
each sanitary | 16 | | district organized pursuant to the provisions of this Act prior
| 17 | | to the effective date of this amendatory Act of 1975, one | 18 | | trustee shall be
elected for each ward on the date of the | 19 | | regular county election in the year
1976. However, the | 20 | | population in no one ward shall be less than 1/6 of the
| 21 | | population of the whole district and the territory in each of | 22 | | the wards
shall be composed of contiguous territory in as | 23 | | compact form as
practicable. A portion of each ward shall abut |
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| 1 | | the west shore of Lake
Michigan and the boundaries of the | 2 | | respective wards shall coincide with
precinct boundaries and | 3 | | the boundaries of existing municipalities as
nearly as | 4 | | practicable. In the year 1981, and every 10 years thereafter,
| 5 | | the sanitary district board of trustees shall reapportion the | 6 | | district, so that
the respective wards shall conform as nearly | 7 | | as practicable with the above
requirements as to population, | 8 | | shape and territory.
| 9 | | The trustees shall hold office respectively for 4 years | 10 | | from the
first Monday of May after their election and until | 11 | | their successors are
appointed and qualified, except that the | 12 | | term of office of 2 of the
trustees first elected shall be for | 13 | | 2 years. Which of the trustees
first elected shall serve a term | 14 | | of 2 years shall be determined by lot
at their first meeting. | 15 | | Notwithstanding the foregoing provisions, all | 16 | | All trustees
elected from in 1994 through 2011 or | 17 | | thereafter shall assume office on the first Monday in
December | 18 | | following the general election instead of the first Monday in | 19 | | May of
the following year . All trustees elected in 2012 or | 20 | | thereafter shall assume office on the second Wednesday in | 21 | | December following the general election.
| 22 | | In the year 1982, and every 10 years thereafter, following | 23 | | each
decennial Federal census, all 5 trustees shall be elected. | 24 | | Immediately
following each decennial redistricting, the | 25 | | sanitary district board of
trustees shall divide the wards into | 26 | | 2 groups, one of which shall consist of 3
wards and the other |
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| 1 | | shall consist of 2 wards. Trustees from one group shall
serve | 2 | | terms of 4 years, 4 years and 2 years; and trustees from the | 3 | | other group
shall serve terms of 2 years, 4 years and 4 years.
| 4 | | Each of the trustees, upon entering the duties of their | 5 | | respective offices, shall execute a bond with security, in the | 6 | | amount and form to be approved by the corporate authorities, | 7 | | payable to the district, in the penal sum of not less than | 8 | | $10,000.00, as directed by resolution or ordinance, | 9 | | conditioned upon the faithful performance of the duties of the | 10 | | office. Each bond shall be filed with and preserved by the | 11 | | board secretary.
| 12 | | When a vacancy exists in the office of trustees of any | 13 | | sanitary
district organized under the provisions of this Act, | 14 | | the vacancy shall
be filled by appointment by the president of | 15 | | the sanitary district board
of trustees, with the advice and | 16 | | consent of the sanitary district board of
trustees, until the | 17 | | next regular election at which trustees of the sanitary
| 18 | | district are elected, and shall be made a matter of record in | 19 | | the office of the
county clerk in the county in which the | 20 | | district is located.
| 21 | | A majority of the board of trustees shall constitute a | 22 | | quorum, but a
smaller number may adjourn from day to day. No | 23 | | trustee or employee of
the district shall be directly or | 24 | | indirectly interested in any
contract, work or business of the | 25 | | district, or the sale of any article,
the expense, price or | 26 | | consideration of which is paid by the district;
nor in the |
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| 1 | | purchase of any real estate or other property belonging to
the | 2 | | district, or which shall be sold for taxes or assessments, or | 3 | | by
virtue of legal process at the suit of the district. The | 4 | | trustees have
the power to provide and adopt a corporate seal | 5 | | for 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 | 9 | | trustees of any sanitary district organized under
this Act may | 10 | | provide for the disposal of the sewage thereof and save and
| 11 | | preserve the water supplied to the inhabitants of such district | 12 | | from
contamination.
For that purpose the board may construct | 13 | | and maintain an enclosed conduit
or conduits, main pipes, | 14 | | wholly or partially submerged, buried or otherwise,
and by | 15 | | means of pumps or otherwise cause such sewage to flow or to be | 16 | | forced
through such conduit or conduits, pipe or pipes to and | 17 | | into any ditch or
canal constructed and operated by any other | 18 | | sanitary district, after having
first acquired the right so to | 19 | | do. Such board may provide for the drainage
of such district by | 20 | | laying out, establishing, constructing and maintaining
one or | 21 | | more channels, drains, ditches and outlets for carrying off and
| 22 | | disposing
of the drainage (including the sewage) of such | 23 | | district, together with such
adjuncts and additions thereto as | 24 | | may be necessary or proper to cause such
channels or outlets to | 25 | | accomplish the end for which they are designed, in
a |
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| 1 | | satisfactory manner, including pumps and pumping
stations and | 2 | | the operation of the same. Such board shall provide suitable
| 3 | | and modernly equipped sewage disposal works or plants for the | 4 | | separation
and disposal of all solids and deleterious matter | 5 | | from the liquids, and
shall treat and purify the residue of | 6 | | such sewage so that when it flows
into any lake, it will not | 7 | | injuriously contaminate the waters thereof. The
board shall | 8 | | adopt any feasible method to accomplish the object for which
| 9 | | such sanitary district may be created, and may also provide | 10 | | means whereby
the sanitary district may reach and procure | 11 | | supplies of water for diluting
and flushing purposes. The board | 12 | | of trustees of any sanitary district formed under this Act may | 13 | | also enter into an agreement to sell, convey, or disburse | 14 | | treated wastewater to any public or private entity located | 15 | | within or outside of the boundaries of the sanitary district. | 16 | | Any use of treated wastewater by any public or private entity | 17 | | shall be subject to the orders of the Pollution Control Board. | 18 | | The agreement may not exceed 20 years. | 19 | | Nothing set forth in this Section However, nothing herein | 20 | | contained may be construed
to empower, authorize or require | 21 | | such board of trustees to operate a system
of water works for | 22 | | the purpose of furnishing or delivering water to any
such | 23 | | municipality or to the inhabitants thereof without payment | 24 | | therefor
at such rates as the board may determine. Nothing in | 25 | | this Act shall
require a sanitary district to extend service to | 26 | | any individual residence
or other building within the district, |
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| 1 | | and it is the intent of the Illinois
General Assembly that any | 2 | | construction contemplated by this Section shall
be restricted | 3 | | to construction of works and main or interceptor sewers,
| 4 | | conduits, channels and similar facilities, but not individual | 5 | | service
lines. Nothing in this Act contained
authorizes the | 6 | | trustees to flow the sewage of such district into Lake | 7 | | Michigan.
Any such plan for sewage disposal by any sanitary | 8 | | district organized hereunder
is prohibited, unless such sewage | 9 | | has been treated and purified as provided
in this Section, all | 10 | | laws of the Federal government relating to the pollution
of | 11 | | navigable waters have been complied with, the approval of plans | 12 | | and
constructions of outlets and connection with any of the | 13 | | streams or navigable
bodies of water within or bordering upon | 14 | | the State has been obtained from the
Department of Natural | 15 | | Resources of the State. The
discharge
of any sewage from any | 16 | | such district into any of the streams or navigable
bodies of | 17 | | water within or bordering upon the State is subject to the | 18 | | orders
of the Pollution Control Board. Nothing in this Act | 19 | | contained may be construed
as superseding or in any manner | 20 | | limiting the provisions of the Environmental
Protection Act.
| 21 | | After the construction of such sewage disposal plant, if | 22 | | the board finds
that it will promote the prevention of | 23 | | pollution of waters of the State,
such board of trustees may | 24 | | adopt ordinances or rules and regulations,
prohibiting
or | 25 | | regulating the discharge to sewers of inadmissible wastes or | 26 | | substances
toxic to biological wastewater treatment processes. |
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| 1 | | Inadmissible wastes
include those which create a fire or | 2 | | explosion hazard in the sewer or treatment
works; those which | 3 | | will impair the hydraulic capacity of sewer systems;
and those | 4 | | which in any quantity, create a hazard to people, sewer | 5 | | systems,
treatment processes, or receiving waters. Substances | 6 | | that may be toxic to
wastewater treatment processes include | 7 | | copper, chromium, lead, zinc, arsenic
and nickel and any | 8 | | poisonous compounds such as cyanide or radioactive wastes
which | 9 | | pass through wastewater treatment plants in hazardous | 10 | | concentrations
and menace users of the receiving waters. Such | 11 | | ordinances or rules and
regulations shall be effective | 12 | | throughout the sanitary district, in the
incorporated areas as | 13 | | well 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 | 17 | | trustees of any sanitary district may annex any
territory which | 18 | | is not within the corporate limits of the sanitary
district, | 19 | | provided:
| 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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| 1 | | the ordinance
shall include a description of the annexed | 2 | | territory. A copy of the
ordinance and a map of the annexed | 3 | | territory certified as true and accurate
by the clerk of the | 4 | | annexing sanitary district shall be filed with the
county clerk | 5 | | of the county in which the annexed territory is located.
The | 6 | | new boundary shall extend to the far side of any adjacent | 7 | | highway and
shall include all of every highway within the area | 8 | | annexed. These highways
shall be considered to be annexed even | 9 | | though not included in the legal
description set forth in the | 10 | | annexation ordinance. | 11 | | The territory to be annexed to the sanitary district shall | 12 | | be considered to be contiguous to the sanitary district | 13 | | notwithstanding that the territory to be annexed is divided by, | 14 | | or that the territory to be annexed is separated from the | 15 | | sanitary district by, one or more railroad rights-of-ways, | 16 | | public easements, or properties owned by a public utility, a | 17 | | forest preserve district, a public agency, or a not-for-profit | 18 | | corporation.
| 19 | | (Source: P.A. 86-1191.)
| 20 | | (70 ILCS 2305/30 new) | 21 | | Sec. 30. Claims for compensation. No claim for compensation | 22 | | shall be made or action for damages filed against a sanitary | 23 | | district formed under this Act on account of any damage to | 24 | | property occurring on or after January 1, 2012, unless notice | 25 | | in writing is filed with the secretary of the sanitary |
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| 1 | | district's board of trustees within 6 months after the | 2 | | occurrence of the damage setting forth the following | 3 | | information: (i) the name and residence address of the owner of | 4 | | the property damaged, (ii) the property's location, and (iii) | 5 | | the probable extent of the damage sustained.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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