Full Text of HB3010 100th General Assembly
HB3010enr 100TH 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 Water Reclamation District Act | 5 | | is amended by changing Sections 3, 7, 7.7, and 28 as follows:
| 6 | | (70 ILCS 2305/3) (from Ch. 42, par. 279)
| 7 | | Sec. 3. Election of trustees; terms. The corporate | 8 | | authority of the North Shore Water Reclamation District
shall | 9 | | consist of 5 trustees.
| 10 | | Within 20 days after the adoption of the Act, as provided | 11 | | in Section
1, the county governing body shall proceed to divide | 12 | | the sanitary
district into 5 wards for the purpose of electing | 13 | | trustees. One trustee shall
be elected for each ward on the | 14 | | date of the next regular county election. In
each sanitary | 15 | | district organized pursuant to the provisions of this Act prior
| 16 | | to the effective date of this amendatory Act of 1975, one | 17 | | trustee shall be
elected for each ward on the date of the | 18 | | regular county election in the year
1976. However, the | 19 | | population in no one ward shall be less than 1/6 of the
| 20 | | population of the whole district and the territory in each of | 21 | | the wards
shall be composed of contiguous territory in as | 22 | | compact form as
practicable. A portion of each ward shall abut | 23 | | the west shore of Lake
Michigan and the boundaries of the |
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| 1 | | respective wards shall coincide with
precinct boundaries and | 2 | | the boundaries of existing municipalities as
nearly as | 3 | | practicable. In the year 1981, and every 10 years thereafter,
| 4 | | the sanitary district board of trustees shall reapportion the | 5 | | district, so that
the respective wards shall conform as nearly | 6 | | as practicable with the above
requirements as to population, | 7 | | shape and territory.
| 8 | | All trustees
elected from 1994 through 2011 shall assume | 9 | | office on the first Monday in
December following the general | 10 | | election. All trustees elected in 2012 or thereafter shall | 11 | | assume office on the second Wednesday in December following the | 12 | | general election.
| 13 | | In the year 1982, and every 10 years thereafter, following | 14 | | each
decennial Federal census, all 5 trustees shall be elected. | 15 | | Immediately
following each decennial redistricting, the | 16 | | sanitary district board of
trustees shall be randomly divided | 17 | | into 2 groups, one of which shall consist of 3
wards and the | 18 | | other shall consist of 2 wards. A random process shall again be | 19 | | used to determine which trustees from one group shall
serve | 20 | | terms of 4 years, 4 years and 2 years; and which trustees from | 21 | | the other group
shall serve terms of 2 years, 4 years and 4 | 22 | | years.
| 23 | | Each of the trustees, upon entering the duties of their | 24 | | respective offices, shall execute a bond with security, in the | 25 | | amount and form to be approved by the corporate authorities, | 26 | | payable to the district, in the penal sum of not less than |
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| 1 | | $250,000.00, as directed by resolution or ordinance, | 2 | | conditioned upon the faithful performance of the duties of the | 3 | | office. Each bond shall be filed with and preserved by the | 4 | | board secretary.
| 5 | | When a vacancy exists in the office of trustees of any | 6 | | sanitary
district organized under the provisions of this Act, | 7 | | the vacancy shall
be filled by appointment of an individual of | 8 | | the same political party as that of the trustee who vacated the | 9 | | seat by the president of the sanitary district board
of | 10 | | trustees, with the advice and consent of the sanitary district | 11 | | board of
trustees, until the next regular election at which | 12 | | trustees of the sanitary
district are elected, and shall be | 13 | | made a matter of record in the office of the
county clerk in | 14 | | the county in which the district is located.
| 15 | | A majority of the board of trustees shall constitute a | 16 | | quorum, but a
smaller number may adjourn from day to day. No | 17 | | trustee or employee of
the district shall be directly or | 18 | | indirectly interested in any
contract, work or business of the | 19 | | district, or the sale of any article,
the expense, price or | 20 | | consideration of which is paid by the district;
nor in the | 21 | | purchase of any real estate or other property belonging to
the | 22 | | district, or which shall be sold for taxes or assessments, or | 23 | | by
virtue of legal process at the suit of the district. The | 24 | | trustees have
the power to provide and adopt a corporate seal | 25 | | for the district.
| 26 | | (Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
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| 1 | | (70 ILCS 2305/7) (from Ch. 42, par. 283)
| 2 | | Sec. 7. Powers of the board of trustees. The board of | 3 | | trustees of any sanitary district organized under
this Act may | 4 | | provide for the treatment of the sewage thereof and save and
| 5 | | preserve the water supplied to the inhabitants of such district | 6 | | from
contamination.
For that purpose the board may construct | 7 | | and maintain an enclosed conduit
or conduits, main pipes, | 8 | | wholly or partially submerged, buried or otherwise,
and by | 9 | | means of pumps or otherwise cause such sewage to flow or to be | 10 | | forced
through such conduit or conduits, pipe or pipes to and | 11 | | into any ditch or
canal constructed and operated by any other | 12 | | sanitary district, after having
first acquired the right so to | 13 | | do. Such board may provide for the drainage
of such district by | 14 | | laying out, establishing, constructing and maintaining
one or | 15 | | more channels, drains, ditches and outlets for carrying off and
| 16 | | disposing
of the drainage (including the sewage) of such | 17 | | district, together with such
adjuncts and additions thereto as | 18 | | may be necessary or proper to cause such
channels or outlets to | 19 | | accomplish the end for which they are designed, in
a | 20 | | satisfactory manner, including pumps and pumping
stations and | 21 | | the operation of the same. Such board shall provide suitable
| 22 | | and modernly equipped sewage treatment works or plants for the | 23 | | separation
and treatment of all solids and deleterious matter | 24 | | from the liquids, and
shall treat and purify the residue of | 25 | | such sewage so that when it flows
into any lake, it will not |
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| 1 | | injuriously contaminate the waters thereof. The
board shall | 2 | | adopt any feasible method to accomplish the object for which
| 3 | | such sanitary district may be created, and may also provide | 4 | | means whereby
the sanitary district may reach and procure | 5 | | supplies of water for diluting
and flushing purposes. The board | 6 | | of trustees of any sanitary district formed under this Act may | 7 | | also enter into an agreement to sell, convey, or disburse | 8 | | treated wastewater to any public or private entity located | 9 | | within or outside of the boundaries of the sanitary district. | 10 | | Any use of treated wastewater by any public or private entity | 11 | | shall be subject to the orders of the Pollution Control Board. | 12 | | The agreement may not exceed 20 years. | 13 | | Nothing set forth in this Section may be construed
to | 14 | | empower, authorize or require such board of trustees to operate | 15 | | a system
of water works for the purpose of furnishing or | 16 | | delivering water to any
such municipality or to the inhabitants | 17 | | thereof without payment therefor
at such rates as the board may | 18 | | determine. Nothing in this Act shall
require a sanitary | 19 | | district to extend service to any individual residence
or other | 20 | | building within the district, and it is the intent of the | 21 | | Illinois
General Assembly that any construction contemplated | 22 | | by this Section shall
be restricted to construction of works | 23 | | and main or interceptor sewers,
conduits, channels and similar | 24 | | facilities, but not individual service
lines. Nothing in this | 25 | | Act contained
authorizes the trustees to flow the sewage of | 26 | | such district into Lake Michigan.
Any such plan for sewage |
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| 1 | | disposal by any sanitary district organized hereunder
is | 2 | | prohibited, unless such sewage has been treated and purified as | 3 | | provided
in this Section, all laws of the Federal government | 4 | | relating to the pollution
of navigable waters have been | 5 | | complied with, the approval of plans and
constructions of | 6 | | outlets and connection with any of the streams or navigable
| 7 | | bodies of water within or bordering upon the State has been | 8 | | obtained from the
Department of Natural Resources of the State. | 9 | | The
discharge
of any sewage from any such district into any of | 10 | | the streams or navigable
bodies of water within or bordering | 11 | | upon the State is subject to the orders
of the Pollution | 12 | | Control Board. Nothing in this Act contained may be construed
| 13 | | as superseding or in any manner limiting the provisions of the | 14 | | Environmental
Protection Act.
| 15 | | After the construction of such sewage disposal plant, if | 16 | | the board finds
that it will promote the prevention of | 17 | | pollution of waters of the State,
such board of trustees may | 18 | | adopt ordinances or rules and regulations,
prohibiting
or | 19 | | regulating the discharge to sewers of inadmissible wastes or | 20 | | substances
toxic to biological wastewater treatment processes. | 21 | | Inadmissible wastes
include those which create a fire or | 22 | | explosion hazard in the sewer or treatment
works; those which | 23 | | will impair the hydraulic capacity of sewer systems;
and those | 24 | | which in any quantity, create a hazard to people, sewer | 25 | | systems,
treatment processes, or receiving waters. Substances | 26 | | that may be toxic to
wastewater treatment processes include |
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| 1 | | copper, chromium, lead, zinc, arsenic ,
and nickel , barium, | 2 | | cadmium, mercury, selenium, silver, and any poisonous | 3 | | compounds such as cyanide or radioactive wastes
which pass | 4 | | through wastewater treatment plants in hazardous | 5 | | concentrations
and menace users of the receiving waters. Such | 6 | | ordinances or rules and
regulations shall be effective | 7 | | throughout the sanitary district, in the
incorporated areas as | 8 | | well as the
unincorporated areas and all public sewers therein.
| 9 | | (Source: P.A. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
| 10 | | (70 ILCS 2305/7.7) | 11 | | Sec. 7.7. Discharge into sewers of the sanitary district. | 12 | | (a) As used in this Section: | 13 | | "Executive director" means the executive director of the | 14 | | sanitary district. | 15 | | "Industrial wastes" means all solids, liquids, or gaseous | 16 | | wastes resulting from any commercial, industrial, | 17 | | manufacturing, agricultural, trade, or business operation or | 18 | | process, or from the development, recovery, or processing of | 19 | | natural resources. | 20 | | "Other wastes" means decayed wood, sawdust, shavings, | 21 | | bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, | 22 | | and all other substances except sewage and industrial wastes. | 23 | | "Person" means any individual, firm, association, joint | 24 | | venture, sole proprietorship, company, partnership, estate | 25 | | copartnership, corporation, joint stock company, trust, school |
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| 1 | | district, unit of local government, or private corporation | 2 | | organized or existing under the laws of this or any other state | 3 | | or country. | 4 | | "Sewage" means water-carried human wastes or a combination | 5 | | of water-carried wastes from residences, buildings, | 6 | | businesses, industrial establishments, institutions, or other | 7 | | places together with any ground, surface, storm, or other water | 8 | | that may be present. | 9 | | (b) It shall be unlawful for any person to discharge | 10 | | effluent, gaseous wastes, sewage, industrial wastes waste , or | 11 | | other wastes into the sewerage system of the sanitary district | 12 | | or into any sewer tributary therewith, except upon the terms | 13 | | and conditions that the sanitary district might reasonably | 14 | | impose by way of ordinance, permit, rule, or regulation. | 15 | | The sanitary district, in addition to all other powers | 16 | | vested in it and in the interest of public health and safety, | 17 | | or as authorized by subsections (b) and (c) of Section 46 of | 18 | | the Environmental Protection Act, is hereby empowered to pass | 19 | | all ordinances, rules, or regulations necessary to implement | 20 | | this Section, including, but not limited to, the imposition of | 21 | | charges based on factors that influence the cost of treatment, | 22 | | including strength and volume, and including the right of | 23 | | access during reasonable hours to the premises of a person for | 24 | | enforcement of adopted ordinances, rules, or regulations. | 25 | | (c) Whenever the sanitary district, acting through the | 26 | | executive director, determines that effluent, gaseous wastes, |
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| 1 | | sewage, industrial wastes, or other wastes are being discharged | 2 | | into the sewerage system and when, in the opinion of the | 3 | | executive director, the discharge is in violation of an | 4 | | ordinance, rules, or regulations adopted by the board of | 5 | | trustees under this Section governing the discharge industrial | 6 | | wastes or other wastes , the executive director shall order the | 7 | | offending party to cease and desist. The order shall be served | 8 | | by certified mail or personally on the owner, officer, | 9 | | registered agent, or individual designated by permit. | 10 | | In the event the offending party fails or refuses to | 11 | | discontinue the discharge within 90 days after notification of | 12 | | the cease and desist order, the executive director may order | 13 | | the offending party to show cause before the board of trustees | 14 | | of the sanitary district why the discharge should not be | 15 | | discontinued. A notice shall be served on the offending party | 16 | | directing him, her, or it to show cause before the board of | 17 | | trustees why an order should not be entered directing the | 18 | | discontinuance of the discharge. The notice shall specify the | 19 | | time and place where a hearing will be held and shall be served | 20 | | personally or by registered or certified mail at least 10 days | 21 | | before the hearing; and, in the case of a unit of local | 22 | | government or a corporation, the service shall be upon an | 23 | | officer or agent thereof. After reviewing the evidence, the | 24 | | board of trustees may issue an order to the party responsible | 25 | | for the discharge, directing that within a specified period of | 26 | | time the discharge be discontinued. The board of trustees may |
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| 1 | | also order the party responsible for the discharge to pay a | 2 | | civil penalty in an amount specified by the board of trustees | 3 | | that is not less than $1,000 nor more than $2,000 per day for | 4 | | each day of discharge of effluent , gaseous wastes, sewage, | 5 | | industrial wastes, or other wastes in violation of this Act as | 6 | | provided in subsection (d). The board of trustees may also | 7 | | order the party responsible for the violation to pay court | 8 | | reporter costs and hearing officer fees in an amount not | 9 | | exceeding $3,000. | 10 | | (d) The board of trustees shall establish procedures for | 11 | | assessing civil penalties and issuing orders under subsection | 12 | | (c) as follows: | 13 | | (1) In making its orders and determinations, the board | 14 | | of trustees shall take into consideration all the facts and | 15 | | circumstances bearing on the activities involved and the | 16 | | assessment of civil penalties as shown by the record | 17 | | produced at the hearing. | 18 | | (2) The board of trustees shall establish a panel of | 19 | | one or more independent hearing officers to conduct all | 20 | | hearings on the assessment of civil penalties and issuance | 21 | | of orders under subsection (c). All hearing officers shall | 22 | | be attorneys licensed to practice law in this State. | 23 | | (3) The board of trustees shall promulgate procedural | 24 | | rules governing the proceedings, the assessment of civil | 25 | | penalties, and the issuance of orders. | 26 | | (4) All hearings shall be on the record, and testimony |
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| 1 | | taken must be under oath and recorded stenographically. | 2 | | Transcripts so recorded must be made available to any | 3 | | member of the public or any party to the hearing upon | 4 | | payment of the usual charges for transcripts. At the | 5 | | hearing, the hearing officer may issue, in the name of the | 6 | | board of trustees, notices of hearing requesting the | 7 | | attendance and testimony of witnesses, the production of | 8 | | evidence relevant to any matter involved in the hearing, | 9 | | and may examine witnesses. | 10 | | (5) The hearing officer shall conduct a full and | 11 | | impartial hearing on the record, with an opportunity for | 12 | | the presentation of evidence and cross-examination of the | 13 | | witnesses. The hearing officer shall issue findings of | 14 | | fact, conclusions of law, a recommended civil penalty, and | 15 | | an order based solely on the record. The hearing officer | 16 | | may also recommend, as part of the order, that the | 17 | | discharge of effluent, gaseous wastes, sewage, industrial | 18 | | wastes, or other wastes waste be discontinued within a | 19 | | specified time. | 20 | | (6) The findings of fact, conclusions of law, | 21 | | recommended civil penalty, and order shall be transmitted | 22 | | to the board of trustees along with a complete record of | 23 | | the hearing. | 24 | | (7) The board of trustees shall either approve or | 25 | | disapprove the findings of fact, conclusions of law, | 26 | | recommended civil penalty, and order. If the findings of |
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| 1 | | fact, conclusions of law, recommended civil penalty, or | 2 | | order are rejected, the board of trustees shall remand the | 3 | | matter to the hearing officer for further proceedings. If | 4 | | the order is accepted by the board of trustees, it shall | 5 | | constitute the final order of the board of trustees. | 6 | | (8) The civil penalty specified by the board of | 7 | | trustees shall be paid within 35 days after the party on | 8 | | whom it is imposed receives a written copy of the order of | 9 | | the board of trustees, unless the person or persons to whom | 10 | | the order is issued seeks judicial review. | 11 | | (9) If a person seeks judicial review of the order | 12 | | assessing civil penalties, the person shall, within 35 days | 13 | | after the date of the final order, pay the amount of the | 14 | | civil penalties into an escrow account maintained by the | 15 | | sanitary district for that purpose or file a bond | 16 | | guaranteeing payment of the civil penalties if the civil | 17 | | penalties are upheld on review. | 18 | | (10) Civil penalties not paid by the times specified | 19 | | above shall be delinquent and subject to a lien recorded | 20 | | against the property of the person ordered to pay the | 21 | | penalty. The foregoing provisions for asserting liens | 22 | | against real estate by the sanitary district shall be in | 23 | | addition to any other remedy or right of recovery that the | 24 | | sanitary district may have with respect to the collection | 25 | | or recovery of penalties and charges imposed by the | 26 | | sanitary district. Judgment in a civil action brought by |
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| 1 | | the sanitary district to recover or collect the charges | 2 | | shall not operate as a release and waiver of the lien upon | 3 | | the real estate for the amount of the judgment. Only | 4 | | satisfaction of the judgment or the filing of a release or | 5 | | satisfaction of lien shall release the lien. | 6 | | (e) The executive director may order a person to cease the | 7 | | discharge of effluent, gaseous wastes, sewage, industrial | 8 | | wastes, or other wastes waste upon a finding by the executive | 9 | | director that the final order of the board of trustees entered | 10 | | after a hearing to show cause has been violated. The executive | 11 | | director shall serve the person with a copy of his or her order | 12 | | either by certified mail or personally by serving the owner, | 13 | | officer, registered agent, or individual designated by permit. | 14 | | The order of the executive director shall also schedule an | 15 | | expedited hearing before a hearing officer designated by the | 16 | | board of trustees for the purpose of determining whether the | 17 | | person has violated the final order of the board of trustees. | 18 | | The board of trustees shall adopt rules of procedure governing | 19 | | expedited hearings. In no event shall the hearing be conducted | 20 | | less than 7 days after service of the executive director's | 21 | | order. | 22 | | At the conclusion of the expedited hearing, the hearing | 23 | | officer shall prepare a report with his or her findings and | 24 | | recommendations and transmit it to the board of trustees. If | 25 | | the board of trustees, after reviewing the findings and | 26 | | recommendations, and the record produced at the hearing, |
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| 1 | | determines that the person has violated the board of trustees' | 2 | | final order, the board of trustees may authorize the | 3 | | disconnection plugging of the sewer or direct the water | 4 | | supplier to terminate service . The executive director shall | 5 | | give not less than 10 days' written notice of the board of | 6 | | trustees' order to the owner, officer, registered agent, or | 7 | | individual designated by permit, as well as the owner of record | 8 | | of the real estate and other parties known to be affected, that | 9 | | the sewer will be disconnected or water service will be | 10 | | terminated plugged . | 11 | | The foregoing provision for disconnecting plugging a sewer | 12 | | or terminating water service shall be in addition to any other | 13 | | remedy that the sanitary district may have to prevent violation | 14 | | of its ordinances and orders of its board of trustees. | 15 | | (f) A violation of the final order of the board of trustees | 16 | | shall be considered a nuisance. If any person discharges | 17 | | effluent, gaseous wastes, sewage, industrial wastes, or other | 18 | | wastes into any waters contrary to the final order of the board | 19 | | of trustees, the sanitary district, acting through the | 20 | | executive director, has the power to commence an action or | 21 | | proceeding in the circuit court in and for the county in which | 22 | | the sanitary district is located for the purpose of having the | 23 | | discharge stopped either by mandamus or injunction, or to | 24 | | remedy the violation in any manner provided for in this | 25 | | Section. | 26 | | The court shall specify a time, not exceeding 20 days after |
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| 1 | | the service of the copy of the complaint, in which the party | 2 | | complained of must plead to the complaint, and in the meantime, | 3 | | the party may be restrained. In case of default or after | 4 | | pleading, the court shall immediately inquire into the facts | 5 | | and circumstances of the case and enter an appropriate judgment | 6 | | in respect to the matters complained of. Appeals may be taken | 7 | | as in other civil cases. | 8 | | (g) The sanitary district, acting through the executive | 9 | | director, has the power to commence an action or proceeding for | 10 | | mandamus or injunction in the circuit court ordering a person | 11 | | to cease its discharge, when, in the opinion of the executive | 12 | | director, the person's discharge presents an imminent danger to | 13 | | the public health, welfare, or safety; presents or may present | 14 | | an endangerment to the environment; or threatens to interfere | 15 | | with the operation of the sewerage system or a water | 16 | | reclamation plant under the jurisdiction of the sanitary | 17 | | district. The initiation of a show cause hearing is not a | 18 | | prerequisite to the commencement by the sanitary district of an | 19 | | action or proceeding for mandamus or injunction in the circuit | 20 | | court. The court shall specify a time, not exceeding 20 days | 21 | | after the service of a copy of the petition, in which the party | 22 | | complained of must answer the petition, and in the meantime, | 23 | | the party may be restrained. In case of default in answer or | 24 | | after answer, the court shall immediately inquire into the | 25 | | facts and circumstances of the case and enter an appropriate | 26 | | judgment order in respect to the matters complained of. An |
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| 1 | | appeal may be taken from the final judgment in the same manner | 2 | | and with the same effect as appeals are taken from judgment of | 3 | | the circuit court in other actions for mandamus or injunction. | 4 | | (h) Whenever the sanitary district commences an action | 5 | | under subsection (f) of this Section, the court shall assess a | 6 | | civil penalty of not less than $1,000 nor more than $10,000 for | 7 | | each day the person violates the board of trustees' order. | 8 | | Whenever the sanitary district commences an action under | 9 | | subsection (g) of this Section, the court shall assess a civil | 10 | | penalty of not less than $1,000 nor more than $10,000 for each | 11 | | day the person violates the ordinance. Each day's continuance | 12 | | of the violation is a separate offense. The penalties provided | 13 | | in this Section plus interest at the rate set forth in the | 14 | | Interest Act on unpaid penalties, costs, and fees, imposed by | 15 | | the board of trustees under subsection (d); the reasonable | 16 | | costs to the sanitary district of removal or other remedial | 17 | | action caused by discharges in violation of this Act; | 18 | | reasonable attorney's fees; court costs; other expenses of | 19 | | litigation; and costs for inspection, sampling, analysis, and | 20 | | administration related to the enforcement action against the | 21 | | offending party are recoverable by the sanitary district in a | 22 | | civil action. | 23 | | (i) The board of trustees may establish fees for late | 24 | | filing of reports with the sanitary district required by an | 25 | | ordinance governing discharges. The sanitary district shall | 26 | | provide by certified mail a written notice of the fee |
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| 1 | | assessment that states the person has 30 days after the receipt | 2 | | of the notice to request a conference with the executive | 3 | | director's designee to discuss or dispute the appropriateness | 4 | | of the assessed fee. Unless a person objects to paying the fee | 5 | | for filing a report late by timely requesting in writing a | 6 | | conference with a designee of the executive director, that | 7 | | person waives his or her right to a conference and the sanitary | 8 | | district may impose a lien recorded against the property of the | 9 | | person for the amount of the unpaid fee. | 10 | | If a person requests a conference and the matter is not | 11 | | resolved at the conference, the person subject to the fee may | 12 | | request an administrative hearing before an impartial hearing | 13 | | officer appointed under subsection (d) to determine the | 14 | | person's liability for and the amount of the fee.
If the | 15 | | hearing officer finds that the late filing fees are owed to the | 16 | | sanitary district, the sanitary district shall notify the | 17 | | responsible person or persons of the hearing officer's | 18 | | decision. If payment is not made within 30 days after the | 19 | | notice, the sanitary district may impose a lien on the property | 20 | | of the person or persons. | 21 | | Any liens filed under this subsection shall apply only to | 22 | | the property to which the late filing fees are related. A claim | 23 | | for lien shall be filed in the office of the recorder of the | 24 | | county in which the property is located. The filing of a claim | 25 | | for lien by the sanitary district does not prevent the sanitary | 26 | | district from pursuing other means for collecting late filing |
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| 1 | | fees. If a claim for lien is filed, the sanitary district shall | 2 | | notify the person whose property is subject to the lien, and | 3 | | the person may challenge the lien by filing an action in the | 4 | | circuit court. The action shall be filed within 90 days after | 5 | | the person receives the notice of the filing of the claim for | 6 | | lien. The court shall hear evidence concerning the underlying | 7 | | reasons for the lien only if an administrative hearing has not | 8 | | been held under this subsection. | 9 | | (j) To be effective service under this Section, a demand or | 10 | | order sent by certified or registered mail to the last known | 11 | | address need not be received by the offending party. Service of | 12 | | the demand or order by registered or certified mail shall be | 13 | | deemed effective upon deposit in the United States mail with | 14 | | proper postage prepaid and addressed as provided in this | 15 | | Section. | 16 | | (k) The provisions of the Administrative Review Law and all | 17 | | amendments and rules adopted pursuant to that Law apply to and | 18 | | govern all proceedings for the judicial review of final | 19 | | administrative decisions of the board of trustees in the | 20 | | enforcement of any ordinance, rule, or regulation adopted under | 21 | | this Act. The cost of preparing the record on appeal shall be | 22 | | paid by the person seeking a review of an order or action | 23 | | pursuant to the Administrative Review Law. | 24 | | (l) The provisions of this Section are severable under | 25 | | Section 1.31 of the Statute on Statutes.
| 26 | | (Source: P.A. 99-669, eff. 7-29-16.)
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| 1 | | (70 ILCS 2305/28) (from Ch. 42, par. 296.8)
| 2 | | Sec. 28. Annexation of contiguous territory. The board of | 3 | | trustees of any sanitary district may annex any
territory which | 4 | | is not within the corporate limits of the sanitary
district, | 5 | | provided:
| 6 | | (a) The territory is contiguous to the annexing | 7 | | sanitary district or the territory is non-contiguous and | 8 | | the owner or owners of record have entered into an | 9 | | agreement requesting the annexation of the non-contiguous | 10 | | territory ; and
| 11 | | (b) The territory is served by the sanitary district or | 12 | | by a
municipality with sanitary sewers that are connected | 13 | | and served by the
sanitary district.
| 14 | | The annexation shall be accomplished only by ordinance and | 15 | | the ordinance
shall include a description of the annexed | 16 | | territory. The ordinance annexing non-contiguous territory | 17 | | shall designate the ward to which the land shall be assigned. A | 18 | | copy of the
ordinance and a map of the annexed territory | 19 | | certified as true and accurate
by the clerk of the annexing | 20 | | sanitary district shall be filed with the
county clerk of the | 21 | | county in which the annexed territory is located.
The new | 22 | | boundary shall extend to the far side of any adjacent highway | 23 | | and
shall include all of every highway within the area annexed. | 24 | | These highways
shall be considered to be annexed even though | 25 | | not included in the legal
description set forth in the |
| | | HB3010 Enrolled | - 20 - | LRB100 09263 AWJ 19420 b |
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| 1 | | annexation ordinance. | 2 | | The territory to be annexed to the sanitary district shall | 3 | | be considered to be contiguous to the sanitary district | 4 | | notwithstanding that the territory to be annexed is divided by, | 5 | | or that the territory to be annexed is separated from the | 6 | | sanitary district by, one or more railroad rights-of-ways, | 7 | | public easements, or properties owned by a public utility, a | 8 | | forest preserve district, a public agency, or a not-for-profit | 9 | | corporation.
| 10 | | (Source: P.A. 97-500, eff. 8-23-11.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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