Full Text of SB0156 97th General Assembly
SB0156 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0156 Introduced 2/8/2011, by Sen. Larry K. Bomke SYNOPSIS AS INTRODUCED: |
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70 ILCS 2405/7 | from Ch. 42, par. 306 |
70 ILCS 2405/35 new | |
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Amends the Sanitary District Act of 1917. Provides that, beginning on the effective date of the amendatory Act, the board of trustees of a sanitary district may not impose or collect a tax on property located within the sanitary district that does not directly receive services from the sanitary district. Defines "services" as including sewage disposal for and water delivery to individual residences located within the sanitary district. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sanitary District Act of 1917 is amended by | 5 | | changing Section 7 and by adding Section 35 as follows:
| 6 | | (70 ILCS 2405/7) (from Ch. 42, par. 306)
| 7 | | Sec. 7. Sewage disposal; penalties. The board of trustees | 8 | | of any sanitary district organized under this
Act shall have | 9 | | power to provide for the disposal of the sewage thereof
| 10 | | including the sewage and drainage of any incorporated city, | 11 | | town or village
within the boundaries of such district and to | 12 | | save and preserve the water
supplied to the inhabitants of such | 13 | | district from contamination and for
that purpose may construct | 14 | | and maintain an enclosed conduit or conduits,
main pipe or | 15 | | pipes, wholly or partially submerged, buried or otherwise, and
| 16 | | by means of pumps or otherwise cause such sewage to flow or to | 17 | | be forced
through such conduit or conduits, pipe or pipes to | 18 | | and into any ditch or
canal constructed and operated by any | 19 | | other sanitary district, after having
first acquired the right | 20 | | so to do, or such board may provide for the
drainage of such | 21 | | district by laying out, establishing, constructing and
| 22 | | maintaining one or more channels, drains, ditches and outlets, | 23 | | for carrying
off and disposing of the drainage (including the |
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| 1 | | sewage) of such district
together with such adjuncts and | 2 | | additions thereto as may be necessary or
proper to cause such | 3 | | channels or outlets to accomplish the end for which
they are | 4 | | designed, in a satisfactory manner, including pumps and pumping
| 5 | | stations and the operation of the same. Such board may also | 6 | | treat and
purify such sewage so that when the same shall flow | 7 | | into any lake or other
water-course, it will not injuriously | 8 | | contaminate the waters thereof, and
may adopt any other | 9 | | feasible method to accomplish the object for which such
| 10 | | sanitary district may be created, and may also provide means | 11 | | whereby the
sanitary district may reach and procure supplies of | 12 | | water for diluting and
flushing purposes ; provided, however, | 13 | | that nothing herein contained shall
be construed to empower or | 14 | | authorize such board of trustees to operate a
system of | 15 | | waterworks for the purposes of furnishing or delivering water | 16 | | to
any such municipality or to the inhabitants thereof . Nothing | 17 | | in this Act
shall require a sanitary district to extend service | 18 | | to any individual
residence or other building within the | 19 | | district, and it is the intent of
the Illinois General Assembly | 20 | | that any construction contemplated by this
Section shall be | 21 | | restricted to construction of works and main or
interceptor | 22 | | sewers, conduits, channels and similar facilities, but not
| 23 | | individual service lines. Nothing in this Act
contained shall | 24 | | authorize the trustees to flow the sewage of such district
into | 25 | | Lake Michigan.
| 26 | | Every such sanitary district shall proceed as rapidly as is |
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| 1 | | reasonably
possible to provide sewers and a plant or plants for | 2 | | the treatment and
purification of its sewage, which plant or | 3 | | plants shall be of suitable kind
and sufficient capacity to | 4 | | properly treat and purify such sewage so as to
conduce to the | 5 | | preservation of the public health, comfort and convenience
and | 6 | | to render the sewage harmless, insofar as is reasonably | 7 | | possible, to
animal, fish and plant life. Any violation of this | 8 | | proviso and any failure
to observe and follow same, by any | 9 | | sanitary district organized under this
Act, shall be held, and | 10 | | is hereby declared, to be a business offense and
fined on the | 11 | | part of the sanitary district not less than $1,000 nor more
| 12 | | than $10,000, and the trustees thereof may be ousted from | 13 | | office as
trustees of the district by an order of the court | 14 | | before whom the cause is
heard. Upon the complaint of the | 15 | | Environmental Protection Agency it shall
be the duty of the | 16 | | Pollution Control Board to cause the foregoing
provisions to be | 17 | | enforced in accordance with Section 31 of the
"Environmental | 18 | | Protection Act". Nothing in this Act contained shall be
| 19 | | construed as superseding or in any manner limiting the | 20 | | provisions of the
"Environmental Protection Act".
| 21 | | In providing works for the disposal of industrial sewage, | 22 | | commonly
called industrial wastes, in the manner above provided | 23 | | whether the
industrial sewage is disposed of in combination | 24 | | with municipal sewage or
independently, the Sanitary District | 25 | | shall have power to apportion and
collect therefor, from the | 26 | | producer thereof, fair additional construction,
maintenance |
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| 1 | | and operating costs over and above those covered by normal
| 2 | | taxes, and in case of dispute as to the fairness of such | 3 | | additional
construction, maintenance and operating costs, then | 4 | | the same shall be
determined by a board of three engineers, one | 5 | | appointed by the sanitary
district, one appointed by such | 6 | | producer or producers or their legal
representatives, and the | 7 | | third to be appointed by the two engineers selected
as above | 8 | | described. In the event the two engineers so selected shall | 9 | | fail
to agree upon a third engineer then upon the petition of | 10 | | either of the
parties the circuit judge shall appoint such | 11 | | third engineer. A decision of
a majority of the board shall be | 12 | | binding on both parties and the cost of
the services of the | 13 | | board shall be shared by both parties equally.
| 14 | | In providing works, including the main pipes referred to | 15 | | above, for the
disposal of raw sewage, in the manner above | 16 | | provided, whether such sewage
is disposed of in combination | 17 | | with municipal sewage or independently, the
Sanitary District | 18 | | shall have power to collect a fair and reasonable charge
for | 19 | | connection to its system in addition to those charges covered | 20 | | by normal
taxes, for the construction, expansion and extension | 21 | | of the works of the
system, the charge to be assessed against | 22 | | new or additional users of the
system and to be known as a | 23 | | connection charge. Such construction,
expansion and extension | 24 | | of the works of the system shall include proposed
or existing | 25 | | collector systems and may, at the discretion of such District,
| 26 | | include connections by individual properties. The charge for |
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| 1 | | connection
shall be determined by the District and may equal or | 2 | | exceed the actual cost
to the District of the construction, | 3 | | expansion or extension of the works of
the system required by | 4 | | the connection. The funds thus collected
shall be used by the | 5 | | Sanitary District for its general corporate purposes
with | 6 | | primary application thereof being made by the necessary | 7 | | expansion of
the works of the system to meet the requirements | 8 | | of the new users thereof.
| 9 | | (Source: P.A. 85-1209.)
| 10 | | (70 ILCS 2405/35 new) | 11 | | Sec. 35. Power to tax; required services. Notwithstanding | 12 | | any provision of law to the contrary, beginning on the | 13 | | effective date of this amendatory Act of the 96th General | 14 | | Assembly, the board of trustees of a sanitary district may not | 15 | | impose or collect a tax on property located within the sanitary | 16 | | district that does not directly receive services from the | 17 | | sanitary district. For the purposes of this Section, "services" | 18 | | include sewage disposal for and water delivery to individual | 19 | | residences located within the sanitary district.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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