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70 ILCS 2805/27
(70 ILCS 2805/27) (from Ch. 42, par. 438)
Sec. 27. (a) The board of trustees of any such sanitary district shall have
power and authority to prevent the pollution of any waters from which a
water supply may be obtained within said sanitary district, and shall have
the right and power to appoint and support a sufficient police force, the
members of which shall have and may exercise police powers over the
territory within such sanitary district and over the territory included
within a radius of fifteen miles from the intake of any such water supply,
for the purpose of preventing the pollution of said waters, and over any
interference with any of the property of such sanitary district: Provided,
that before compelling a change in any method of disposal of sewage so as
to prevent the said pollution of any water, the board of trustees of such
sanitary district shall first have provided means to prevent the pollution of
said water from sewage or refuse originating from their own sanitary districts.
(b) Where any such sanitary district has constructed a sewage disposal
plant and the board of trustees of such district finds that it will conduce
to the public health, comfort or convenience, said board shall have power
and authority to build and maintain a dam or dams or other structures in
any river or stream flowing in or through such district at any point or
points within the boundaries of such district or within three miles outside
the boundaries thereof so as to regulate or control the flow of the waters
of such river or stream and the tributaries thereof, but shall not take or
damage private property without making just compensation as provided for
the exercise of the right of eminent domain under
the Eminent Domain Act.
(c) After the construction of such sewage disposal plant, if said board
finds that it will conduce to the public health, comfort or convenience,
such board of trustees shall have power by whatever means necessary to
remove debris, refuse and other objectionable matter from, keep clean and
wholesome, and dredge, dam, deepen or otherwise improve the channel, bed or
banks of any such river or stream, or any portion thereof, within the
boundaries of any such sanitary district or within three miles outside the
boundaries thereof.
(d) The board of trustees of any sanitary district organized under
this Act is authorized to apply to the circuit court for injunctive relief
or mandamus when, in the opinion of the board of trustees, such relief is
necessary to prevent the pollution of any waters from which a water supply
may be obtained within the district.
(e) The sanitary district shall have the power and authority to
prevent the pollution of any waters
from which a water supply may be obtained by any city, town or village.
The sanitary district, acting through the chief administrative officer of
such sanitary district, shall have the power to commence an action or
proceeding in the circuit court in and for the county in which the district
is located for the purpose of having the pollution stopped and prevented
either by mandamus or injunction. The court shall specify a time, not
exceeding 20 days after the service of the copy of the petition, in which
the party complained of must answer the petition, and in the meantime, the
party be restrained. In case of default in answer or after answer, the
court shall immediately inquire into the facts and circumstances of the
case and enter an appropriate order in respect to the matters
complained of. An appeal may be taken in the same
manner and with the same effect as appeals are taken
in other actions for mandamus or injunction.
(Source: P.A. 94-1055, eff. 1-1-07.)
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