Full Text of HB5319 97th General Assembly
HB5319enr 97TH GENERAL ASSEMBLY |
| | HB5319 Enrolled | | LRB097 16313 KMW 61467 b |
|
| 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 as follows:
| 6 | | (70 ILCS 2405/7) (from Ch. 42, par. 306)
| 7 | | Sec. 7.
The board of trustees of any sanitary district | 8 | | organized under this
Act shall have power to provide for the | 9 | | disposal of the sewage thereof
including the sewage and | 10 | | drainage of any incorporated city, town or village
within the | 11 | | boundaries of such district and to save and preserve the water
| 12 | | supplied to the inhabitants of such district from contamination | 13 | | and for
that purpose may construct and maintain an enclosed | 14 | | conduit or conduits,
main pipe or pipes, wholly or partially | 15 | | submerged, buried or otherwise, and
by means of pumps or | 16 | | otherwise cause such sewage to flow or to be forced
through | 17 | | such conduit or conduits, pipe or pipes to and into any ditch | 18 | | or
canal constructed and operated by any other sanitary | 19 | | district, after having
first acquired the right so to do, or | 20 | | such board may provide for the
drainage of such district by | 21 | | laying out, establishing, constructing and
maintaining one or | 22 | | more channels, drains, ditches and outlets, for carrying
off | 23 | | and disposing of the drainage (including the sewage) of such |
| | | HB5319 Enrolled | - 2 - | LRB097 16313 KMW 61467 b |
|
| 1 | | district
together with such adjuncts and additions thereto as | 2 | | may be necessary or
proper to cause such channels or outlets to | 3 | | accomplish the end for which
they are designed, in a | 4 | | satisfactory manner, including pumps and pumping
stations and | 5 | | the operation of the same. Such board may also treat and
purify | 6 | | such sewage so that when the same shall flow into any lake or | 7 | | other
water-course, it will not injuriously contaminate the | 8 | | waters thereof, and
may adopt any other feasible method to | 9 | | accomplish the object for which such
sanitary district may be | 10 | | created, and may also provide means whereby the
sanitary | 11 | | district may reach and procure supplies of water for diluting | 12 | | and
flushing purposes; provided, however, that nothing herein | 13 | | contained shall
be construed to empower or authorize such board | 14 | | of trustees to operate a
system of waterworks for the purposes | 15 | | of furnishing or delivering water to
any such municipality or | 16 | | to the inhabitants thereof. Nothing in this Act
shall require a | 17 | | sanitary district to extend service to any individual
residence | 18 | | or other building within the district, and it is the intent of
| 19 | | the Illinois General Assembly that any construction | 20 | | contemplated by this
Section shall be restricted to | 21 | | construction of works and main or
interceptor sewers, conduits, | 22 | | channels and similar facilities, but not
individual service | 23 | | lines. Nothing in this Act
contained shall authorize the | 24 | | trustees to flow the sewage of such district
into Lake | 25 | | Michigan.
| 26 | | Every such sanitary district shall proceed as rapidly as is |
| | | HB5319 Enrolled | - 3 - | LRB097 16313 KMW 61467 b |
|
| 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 | | The board of trustees of any sanitary district formed under | 22 | | this Act may also enter into an agreement to sell, convey, or | 23 | | disburse treated wastewater to any public or private entity | 24 | | located within or outside of the boundaries of the sanitary | 25 | | district. Any use of treated wastewater by any public or | 26 | | private entity shall be subject to the orders of the Pollution |
| | | HB5319 Enrolled | - 4 - | LRB097 16313 KMW 61467 b |
|
| 1 | | Control Board. The agreement may not exceed 20 years. | 2 | | In providing works for the disposal of industrial sewage, | 3 | | commonly
called industrial wastes, in the manner above provided | 4 | | whether the
industrial sewage is disposed of in combination | 5 | | with municipal sewage or
independently, the Sanitary District | 6 | | shall have power to apportion and
collect therefor, from the | 7 | | producer thereof, fair additional construction,
maintenance | 8 | | and operating costs over and above those covered by normal
| 9 | | taxes, and in case of dispute as to the fairness of such | 10 | | additional
construction, maintenance and operating costs, then | 11 | | the same shall be
determined by a board of three engineers, one | 12 | | appointed by the sanitary
district, one appointed by such | 13 | | producer or producers or their legal
representatives, and the | 14 | | third to be appointed by the two engineers selected
as above | 15 | | described. In the event the two engineers so selected shall | 16 | | fail
to agree upon a third engineer then upon the petition of | 17 | | either of the
parties the circuit judge shall appoint such | 18 | | third engineer. A decision of
a majority of the board shall be | 19 | | binding on both parties and the cost of
the services of the | 20 | | board shall be shared by both parties equally.
| 21 | | In providing works, including the main pipes referred to | 22 | | above, for the
disposal of raw sewage, in the manner above | 23 | | provided, whether such sewage
is disposed of in combination | 24 | | with municipal sewage or independently, the
Sanitary District | 25 | | shall have power to collect a fair and reasonable charge
for | 26 | | connection to its system in addition to those charges covered |
| | | HB5319 Enrolled | - 5 - | LRB097 16313 KMW 61467 b |
|
| 1 | | by normal
taxes, for the construction, expansion and extension | 2 | | of the works of the
system, the charge to be assessed against | 3 | | new or additional users of the
system and to be known as a | 4 | | connection charge. Such construction,
expansion and extension | 5 | | of the works of the system shall include proposed
or existing | 6 | | collector systems and may, at the discretion of such District,
| 7 | | include connections by individual properties. The charge for | 8 | | connection
shall be determined by the District and may equal or | 9 | | exceed the actual cost
to the District of the construction, | 10 | | expansion or extension of the works of
the system required by | 11 | | the connection. The funds thus collected
shall be used by the | 12 | | Sanitary District for its general corporate purposes
with | 13 | | primary application thereof being made by the necessary | 14 | | expansion of
the works of the system to meet the requirements | 15 | | of the new users thereof.
| 16 | | (Source: P.A. 85-1209.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
|
|