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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/Div. 5-15
(55 ILCS 5/Div. 5-15 heading)
Division 5-15.
Water Supply, Drainage and Flood Control
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55 ILCS 5/5-15001
(55 ILCS 5/5-15001) (from Ch. 34, par. 5-15001)
Sec. 5-15001.
Applicability.
This Division shall apply to
any county upon the adoption of a resolution by the county board of any
such county, by at least two-thirds of the elected members, accepting the
provisions hereof.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15002
(55 ILCS 5/5-15002) (from Ch. 34, par. 5-15002)
Sec. 5-15002.
Definitions.
When used in this Division the term
"waterworks system" means and includes a waterworks system in its entirety,
or any integral part thereof, including mains, hydrants, meters, valves,
standpipes, storage tanks, pumps, tanks, intakes, wells, impounding
reservoirs, machinery, purification plants, softening apparatus, and all
other elements useful in connection with a water supply or water distribution
system.
The term "sewerage system" means and includes any or all of the
following: Sewerage treatment plant or plants, collecting, intercepting,
and outlet sewers, lateral sewers and drains, including combined storm
water and sanitary drains, force mains, conduits, pumping stations, ejector
stations, and all other appurtenances, extensions and improvements
necessary, useful or convenient for the collection, treatment and disposal
in a sanitary manner of storm water, sanitary sewage and industrial wastes.
The term "combined waterworks and sewerage system" means and includes a
waterworks and sewerage system, as hereinabove defined, which any county
shall determine to operate in combination.
The term "waste management" means the process of storage, treatment or
disposal, but not the hauling or transport, of "waste" as defined in
Section 3.535 of the Environmental Protection Act, but excluding
"hazardous waste" as defined in that Act.
(Source: P.A. 92-574, eff. 6-26-02.)
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55 ILCS 5/5-15003
(55 ILCS 5/5-15003) (from Ch. 34, par. 5-15003)
Sec. 5-15003. Department of public works. The county board may establish a department of public works with
authority to exercise complete supervision in such county over any of the
projects authorized by this Division in either of the methods
designated hereafter.
A. The county board may employ a superintendent of public works and such
other employees for the administration of the department as may be
necessary. The superintendent shall be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department. The superintendent
shall have complete authority to supervise and manage the department. At least one employee in the public works department shall be a professional engineer licensed under the Professional Engineering Practice Act of 1989.
B. Each county public works department shall be managed by a board of
public works, consisting of 5 members appointed by the President and
Chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees, 2 shall serve for one
year, 2 for 2 years, and one for 3 years. The term of office of original
appointees shall be regarded as beginning on July 1, following their
appointment, and the term of all members shall continue until their
successors are appointed. At least 2 members must be elected officials of
municipalities within the county whose terms of office within the
municipalities will not expire prior to the termination of appointment
hereunder, one member must be a member of the county board whose term of
office will not expire prior to the termination of appointment hereunder,
one member must be a trustee of a Sanitary District within the county whose
term of office will not expire prior to the termination of appointment
hereunder, and one member must be chosen to represent the Conservation and
Public Health interests. The members of the board shall receive
compensation as provided by the county board. The board of public works may
employ a superintendent of public works and any other employees for the
administration of the department as may be necessary. The superintendent
must be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department. Any county may advance general
funds for necessary studies or engineering for a project to be financed by
revenue bonds and be reimbursed by the proceeds of such bonds. Any county
may purchase such bonds with funds derived solely from the County Retailers
Occupation Tax.
(Source: P.A. 103-12, eff. 6-9-23.)
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55 ILCS 5/5-15004
(55 ILCS 5/5-15004) (from Ch. 34, par. 5-15004)
Sec. 5-15004.
Review by Northeastern Illinois Metropolitan Area
Planning Commission. Whenever any project contemplated under this
Division involves territory within the jurisdiction of the Northeastern
Illinois Metropolitan Area Planning Commission the plans for such project
shall be submitted to such Commission and to the regional planning commission
of the county in which located for their review and recommendations as to
its compliance with the plans of the respective planning agencies.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15005
(55 ILCS 5/5-15005) (from Ch. 34, par. 5-15005)
Sec. 5-15005.
Tax levy.
In order to effectuate the purposes of
this Division, any such county may levy annually, in excess of
any other limit prescribed by law, a tax of not to exceed .02% of the
value, as equalized or assessed by the Department of Revenue, on all
taxable property in such county, such tax to be levied and collected in
like manner with the general taxes of such county, and when collected shall
be paid into a special fund in the county treasury.
This tax shall not be levied in any county until the question of its
adoption is submitted to the electors thereof and approved by a majority
of those voting on the question. This question may be submitted at any election
held in the county after the adoption of a resolution by the county board
providing for the submission of the question of the adoption hereof to
the electors of the county. The county board shall certify the resolution
and proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the levy of
such tax, it may thereafter be levied in such county for each succeeding year.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15006
(55 ILCS 5/5-15006) (from Ch. 34, par. 5-15006)
Sec. 5-15006.
Exercise of powers.
The powers
granted in this Division relative to waterworks systems
and sewerage systems shall be exercised only in
areas which do not have available similar services provided by another
governmental unit, unless requested by such governmental unit pursuant
to an ordinance or a resolution passed by its governing body. After such
ordinance or resolution has been adopted it shall be published at least
once in a newspaper having a general circulation in such governmental
unit. The publication of the ordinance or resolution shall be accompanied
by a notice of the (1) specific number of voters required to sign a petition
requesting the question of the exercise of such powers by the county within
such governmental unit to be submitted to the electors; (2) the time in
which such petition must be filed; and (3) the date of the prospective
referendum. The clerk of the governmental unit shall provide a petition
form to any individual requesting one.
If no petition is filed with the clerk of such governmental unit, as
hereinafter provided in this section, within 15 days after the
publication of the ordinance or resolution, the ordinance or resolution
shall be in effect after the expiration of that 15-day period, but if
within that 15-day period a petition is filed with the clerk of the
governmental unit, signed by 300 legal voters or by one fifth of all the
legal voters residing within the limits of the governmental unit,
whichever is less, asking that the question of the exercise of such
powers by the county within such governmental unit, as provided in the
ordinance or resolution, be submitted to the legal voters of the
governmental unit, the governing body of the governmental unit, by
ordinance, shall provide for a referendum within such governmental unit
on the question of the exercise of such powers therein by the county.
The clerk shall certify the ordinance or resolution and the question to
the proper election officials who shall submit the proposition at an election
in accordance with the general election law.
However, an incidental duplication of functions shall not impair or
prevent the primary exercise of the powers herein conferred.
Any county exercising the powers granted by this Division relative to waste
management, shall do so only after adopting a solid waste management
plan as that term is described in the Local Solid Waste Disposal Act, as
now or hereafter amended. All powers, other than those relative to water
works systems and sewerage systems granted by this Division, may be
exercised throughout the county, without exception; provided that a
municipality which is located in 2 or more counties, one of which is a home
rule county, may, by ordinance, sever itself from county jurisdiction
relative to waste management if the municipality is a member of a Municipal
Joint Action Agency formed prior to June 15, 1988 pursuant to Section 3.2
of the Intergovernmental Cooperation Act.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15007
(55 ILCS 5/5-15007) (from Ch. 34, par. 5-15007)
Sec. 5-15007.
General powers of county board.
In order to effect
the protection, reclamation or irrigation of the land and other property in
the county, and to protect the quality of the
environment and the quality of life from the adverse effects caused by the
improper storage, treatment or disposal of waste, and to accomplish all
other purposes of the county, the county board is authorized and empowered
to clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, water course, pond, lake, creek
or natural stream in the county; to fill up any abandoned or altered ditch,
drain, sewer, river, water course, pond, lake, creek or natural stream, and
to concentrate, divert or divide the flow of water in the county; to
construct and maintain main and lateral ditches, sewers, canals, levees,
dikes, dams, sluices, revetments, reservoirs, holding basins, floodways,
pumping stations and siphons, and any other works and improvement deemed
necessary to construct, preserve, operate or maintain the works or the
waste management systems in the county; to
construct or enlarge or cause to be constructed or enlarged any and all
bridges that may be needed in the county, to construct or elevate roadways
and streets; to construct any and all of said works and improvements
across, through or over any public highway, canal, railroad right of way,
track, grade, fill or cut, in the county; to remove or change the location
of any fence, building, railroad, canal, or other improvements in the
county; and shall have the right to hold, encumber, control, to acquire by
donation, purchase or condemnation, to construct, own, lease, use and sell
real and personal property, and any easement, riparian right, railroad
right of way, canal, cemetery, sluice, reservoir, holding basin, mill dam,
water power, wharf or franchise in the county for right of way, holding
basin or for any necessary purpose, or for material to be used in
constructing and maintaining said works and improvements, to replat or
subdivide land, open new roads, streets and alleys, or change the course of
an existing one.
The board shall have the power to produce, pump and sell waters so
collected and impounded to public or private users and may use such means
as are reasonably necessary in connection with such service.
The board shall also have the power to produce and sell any product
resulting from the storage, treatment and disposal of waste including but
not limited to the generation of steam, hot water, and electricity by
combustion, refuse-derived fuel (RDF), and any recycled or reused materials
withdrawn from a wastestream by the activities of the county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15008
(55 ILCS 5/5-15008) (from Ch. 34, par. 5-15008)
Sec. 5-15008.
Flow of streams and rivers.
The county board shall
supervise, regulate and control the flow within the boundaries of the county
of the waters of any river, stream or water course over and through any and
all dams and other obstructions, if any, now or hereafter existing or
constructed in, upon or along any such river, stream or water course; provided
however, that nothing in this Section contained shall empower any county to
abridge or in any manner curtail any vested water power rights or other rights.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15009
(55 ILCS 5/5-15009) (from Ch. 34, par. 5-15009)
Sec. 5-15009. Acquisition of lands and construction of
facilities. The county board shall have the power to
acquire land for any and all of the purposes herein specified by this
Division, and adopt and enforce ordinances for the
necessary protection of sources of water supply and shall also have power
to build dams and reservoirs for the storage of water, sink wells,
establish intakes and water gathering stations, build water purification
works, pumping stations, conduits, pipe lines, regulating works and all
appurtenances required for the production, development and delivery of
adequate, pure and wholesome water supplies into the distribution systems
of incorporated cities and villages and corporations and individuals in
unincorporated areas and is further empowered to build, operate and
maintain such works when and where necessary and to sell water to said
incorporated cities and villages and said corporations and individuals not
in incorporated cities and villages, by meter measurements and at rates
that will at least defray all fixed, maintenance and operating charges.
Profits may be used for the extension and improvements of the water works
system but not for any other function enumerated herein.
For the purpose of acquiring, constructing, extending or improving any
waterworks system, sewerage system or combined waterworks and sewerage
system, or for waste management, under this Division, or any property
necessary or appropriate therefor, any county has the right of eminent
domain within such county as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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55 ILCS 5/5-15010
(55 ILCS 5/5-15010) (from Ch. 34, par. 5-15010)
Sec. 5-15010.
Disposal of sewage, refuse and wastes; service
contracts. The county board shall have authority to control and regulate
the disposal of sewage, refuse, and any other wastes from any premises
within the borders of the county, except with respect to waste management in a
municipality that has severed itself from county jurisdiction under Section
5-15006, and to this end may adopt suitable ordinances.
An owner of property (i) who is denied a permit for an individual
sewerage disposal system and (ii) who on or after January 1, 1976, had been
granted permission for an individual sewerage disposal system by the
issuance of a permit, letter, or other written approval, whether expressed
or implied, by an appropriate governmental entity with jurisdiction for
individual sewerage disposal systems may reapply for a permit and be
reviewed and the permit issued using the standards in effect at the time
the original permission was given.
For the purpose of controlling and regulating the disposal of wastes
throughout the county, the county board may appoint a county solid waste
committee to develop and implement a solid waste management plan. The
committee shall be composed of members of the county board and
representatives of the municipalities throughout the county.
The county solid waste committee shall adopt by-laws,
by a majority vote of the county and municipal members, to govern the
functions of the committee and its subcommittees. Any
resolution establishing a county solid waste committee or any amendment
to that resolution shall be adopted by 2/3 of the county
board members present and voting at the session in which the resolution is
considered. This Section shall apply to any resolution establishing a solid
waste committee approved any time after March 1, 1987.
The county is authorized to prepare a solid waste management plan,
as that term is described by the Local Solid Waste Disposal Act. After the
preparation of the plan, the county board shall hold hearings on the plan and
shall afford interested persons an opportunity to be heard. The hearing shall
be held in the county seat. Notice of any hearing shall be published at least
15 days in advance of the hearing in a newspaper of general circulation
published in the county. The notice shall state the time and place of the
hearing and the place where copies of the proposed plan will be accessible for
examination by interested parties. Within 30 days after the hearing the county
board may approve the plan.
The county board is further authorized to adopt any procedures necessary
to implement the plan and provide by ordinance, license, contract, or
other means that the methods of disposal of solid waste shall be the
exclusive methods of disposal to be allowed anywhere within the borders of
the county, notwithstanding the fact that competition may be displaced or
that the ordinance, license, contract, or other measure may have an
anti-competitive effect. Notwithstanding the granted authority, the
county shall not have the authority to control or regulate the collection
of waste within the corporate boundaries of any municipality.
The county is authorized to construct or purchase and operate a
waterworks system, a sewerage system, a combined waterworks and
sewerage system, or a waste management system to improve or
extend any such system so acquired from
time to time, as provided in this Division. The county may furnish water,
sewerage service, combined water and sewerage service, or waste
management service to individuals, municipal corporations, or other
corporations, and may impose and collect charges or rates for furnishing
water, sewerage service, combined water and sewerage service, or waste
management service, as provided in this Division. Any county that owns and
operates or may hereafter own and operate a waterworks system, a
sewerage system, a combined waterworks and sewerage system, or a waste
management system may enter into and perform contracts, whether long-term
or short-term, with any municipal, public utility, or other corporation or
any person or firm for the furnishing by the county of water, sewerage
service, combined water and sewerage service, or waste management service.
The contracts may provide for periodic payments to the
county of a share of the amounts necessary to pay or provide for the
expenses of operation and maintenance of the waterworks system, sewerage
system, combined waterworks and sewerage system, or waste
management system (including insurance), to pay the principal of and
interest on any revenue bonds issued under this Division, to provide an
adequate depreciation fund as provided in this Division, and to maintain other
reserves and sinking funds as may be deemed necessary or desirable by the
county for the payment of the bonds or the extension or improvement of the
waterworks properties, sewerage facilities, combined waterworks and sewerage
system, or waste management system, as the case may be. Any
county may also enter into and perform contracts, whether long-term or
short-term, with any such corporation, person, or firm for the leasing,
management, or operation of a waterworks system, a sewerage system, a
combined waterworks and sewerage system, or a waste management system.
(Source: P.A. 86-962; 86-1191; 87-1049.)
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55 ILCS 5/5-15011
(55 ILCS 5/5-15011) (from Ch. 34, par. 5-15011)
Sec. 5-15011.
Construction and maintenance of sewers.
Every
such county is authorized to construct, maintain, alter and
extend its sewers, pipelines, channels, ditches and drains along, upon,
under and across any highway, street, alley or public ground in the State
as a proper use of highways, but so as not to incommode the public use
thereof, and the right and authority are granted to any such county to
construct, maintain and operate any conduits, mainpipe or pipes, wholly or
partially submerged, buried, or otherwise, in, upon and along any of the
lands owned by the State and under any of the public waters therein;
provided, that the extent and location of the lands and waters so to be
used and appropriated shall be approved in writing by the appropriate
State agency: And provided further, that the
rights, permission and authority hereby granted shall be subject to all
public rights of commerce and navigation, and to the authority of the
United States in behalf of such public rights and also to the right of the
State to regulate and control fishing in the public waters.
(Source: P.A. 92-85, eff. 7-12-01.)
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55 ILCS 5/5-15012
(55 ILCS 5/5-15012) (from Ch. 34, par. 5-15012)
Sec. 5-15012.
Contracts with federal agencies.
Whenever
there shall be located within any such county, any United States
military post, reservation or station, or any naval station, or
other federal enclave, the county board is authorized to enter
into contracts or agreements with the appropriate authorities
of the United States, permitting either party to the contract
to connect with and use any conduits, channels, pipes or
facilities, and to use any other structures or work installed
by the other party to the contract.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15013
(55 ILCS 5/5-15013) (from Ch. 34, par. 5-15013)
Sec. 5-15013.
Approval of plans as prerequisite to commencement of
works. Before any work is commenced under the provisions of this Division
the plans therefor shall be submitted to, and approved by the Department of
Natural Resources and by the Environmental Protection
Agency of the State of Illinois, or by any other designated reviewing State
agency.
(Source: P.A. 89-445, eff. 2-7-96.)
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55 ILCS 5/5-15014
(55 ILCS 5/5-15014) (from Ch. 34, par. 5-15014)
Sec. 5-15014.
Flood control.
The county board may cooperate and enter
into agreements with the proper agencies of the United States Government,
municipal corporations of this State, political subdivisions and persons
and associations, for the formulation of plans, and for the construction of
any and all improvements for the control of destructive floods, and for the
conservation, regulation, development and utilization of water, waterways
and water resources, or other purposes of this Division. Such
agreements may assign to the several cooperating agencies particular
projects or portions of projects for the purposes herein stated and may
provide for joint understandings for said purposes and for contribution to
execute any works agreed upon with any other of the above mentioned
agencies in the State of Illinois to carry out the provisions of this
Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15015
(55 ILCS 5/5-15015) (from Ch. 34, par. 5-15015)
Sec. 5-15015.
Pollution of streams.
The county board shall have
authority to prevent pollution of any stream or any other body of water
within the county and to cause any and all parties, persons, firms and
corporations to cease any and all pollution of any such streams or body of
water within such county; provided that the authority of the Pollution
Control Board of the State of Illinois shall not be superseded.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15016
(55 ILCS 5/5-15016) (from Ch. 34, par. 5-15016)
Sec. 5-15016.
Groundwater protection.
The county board of any county
which is served by a community water supply well may perform a groundwater
protection needs assessment, and may by ordinance adopt a minimum or
maximum setback zone around a wellhead pursuant to Sections 14.2, 14.3,
14.4 and 17.1 of the Environmental Protection Act.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15017
(55 ILCS 5/5-15017) (from Ch. 34, par. 5-15017)
Sec. 5-15017.
Revenue bonds.
In order to pay the cost of the
construction, acquisition by condemnation, purchase or otherwise of any
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the
improvement or extension from time to time thereof, including engineering,
inspection, legal and financial fees and costs, working capital, interest
on such bonds during construction and for a reasonable period thereafter,
establishment of reserves to secure such bonds and all other expenditures
of such county incidental and necessary or convenient thereto, the county
board may issue and sell revenue bonds payable solely from the income and
revenue derived from the operation of the waterworks properties, or sewage
facilities, or a combination thereof, or waste management facilities,
as the case may be, and may also from
time to time issue revenue bonds for the purpose of paying, refunding
or redeeming revenue bonds before, after or at their maturity, including
paying redemption premiums or interest accruing or to accrue on the bonds
being paid or redeemed or for paying any other costs in connection with
any such payment or redemption. All such bonds shall be authorized by
ordinance to be adopted by the board, which shall be separate and distinct
as applies to waterworks properties and as applied to sewage facilities
except where the system is combined. Such bonds shall bear such date or
dates, mature at such time or serially at such times not exceeding 40 years
from their respective dates, may bear interest at such rate or rates not
exceeding the maximum rate established in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as from time to time in effect, may be in
such form, may carry such registration privileges, may be executed in such
manner, may be payable at such place or places, may be subject to
redemption in such manner, and upon such terms with or without premium as
is stated on the face thereof, and may be executed in such manner by such
officers, and may contain such terms and covenants, all as provided by the
ordinance authorizing the issue.
Such bonds shall be sold in such manner as the board shall determine,
and if issued to bear interest at the maximum rate specified in this
Section shall be sold for not less than par and accrued interest; however,
the selling price of any bonds bearing less than such maximum rate,
shall be such that the interest cost of the money received from the sale of
the bonds shall not exceed such maximum rate, computed to absolute
maturity, according to standard tables of bond values.
Notwithstanding the form or tenor thereof, and in the absence of
expressed recitals on the face thereof that the bonds are non-negotiable,
all such bonds shall be negotiable instruments.
To secure payment of any and all such bonds such ordinance shall set
forth the covenants and undertakings of the county in connection with the
issuance thereof, and the issuance of additional bonds payable from the
revenues or income to be derived from the operation of the waterworks
properties or sewage facilities, or waste management facilities, as the
case may be, as well as the use and operation thereof, and for the use and
disposition for waterworks, and sewerage, and waste management purposes of
investment earnings on funds and accounts created with respect to the revenue bonds.
In case any officer whose signature appears on the bond or coupons
attached thereto shall cease to be such officer before the delivery of the
bonds to the purchaser, such signature shall nevertheless be valid and
sufficient for all purposes to the same effect as if he had remained in
office until the delivery of the bonds.
Under no circumstances shall any bonds issued or any other obligation,
except as set forth in Section 5-15003, incurred
pursuant to the provisions of this Division be or become an
indebtedness or an obligation of the county payable from taxes and shall
not in any event constitute an indebtedness of such county within the
meaning of the constitutional provisions or limitations, and such fact
shall be plainly stated on the face of each bond.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15018
(55 ILCS 5/5-15018) (from Ch. 34, par. 5-15018)
Sec. 5-15018.
Ordinances relative to issuance of revenue bonds.
Any ordinance authorizing the issuance of revenue bonds as provided for in
this Division shall describe in a general way the contemplated project,
refer to general plans and specification prepared for any construction
work, which shall be placed on file in the office of the county clerk
available for inspection by the public.
Such ordinance shall also set out the total estimated cost of the
project, fix the amount of bonds proposed to be issued, the maturity or
maturities, the interest rate and all details in respect thereof, and the
covenants and undertakings of the county in connection with the application
of the income and revenue and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for assurance of the
payment of the bonds thereby authorized, and as may thereafter be issued.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15019
(55 ILCS 5/5-15019) (from Ch. 34, par. 5-15019)
Sec. 5-15019.
Use of revenues.
Whenever revenue
bonds are issued under this Division the income and
revenue derived from the operation of the waterworks properties or sewage
facilities, or waste management facilities, as the case may be, shall
be used only to pay the cost of operation and maintenance (including
insurance) of the waterworks properties or sewage facilities, or waste
management facilities, or a combination thereof, as the case may
be, to pay principal of and interest on any revenue bonds issued hereunder,
to provide an adequate depreciation fund, which fund is hereby defined to
be for such replacements as may be necessary from time to time for the
continued, effective and efficient operation of the waterworks properties,
or sewage facilities, or a combination
thereof, or waste management facilities, as the case may be, which
such fund shall not be allowed to accumulate beyond a reasonable amount
necessary for that purpose, the terms and provisions of which shall be
incorporated in the ordinance authorizing the issuance of the bonds, and to
maintain such other reserves and sinking funds as may be deemed necessary
or desirable by the county for the payment of the bonds or the extension or
improvement of the waterworks properties, or sewage facilities, or a
combination thereof, or waste management facilities, as the case may be.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15020
(55 ILCS 5/5-15020) (from Ch. 34, par. 5-15020)
Sec. 5-15020.
Rates and charges; rights of bondholders.
Rates
and charges for the use and service of the waterworks
properties, or sewage facilities, or waste management facilities, as the
case may be, acquired by any county shall be sufficient at all times to pay
the cost of maintenance and operation, to pay the principal of and interest
upon all revenue bonds issued under the provisions of this Division,
to provide a reasonable depreciation fund as established pursuant to the
provisions of the ordinance authorizing the issuance of any revenue bonds,
and to maintain such other reserves and sinking funds as may be deemed
necessary or desirable by the county for the payment of the bonds or the
extension or improvement of the waterworks properties or, sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, and the holder of any bond or bonds or any of the interest
coupon or coupons of any revenue bonds of any such county may in any civil
action, mandamus, injunction or other proceeding enforce and compel the
performance of all duties required by this Division and the covenants and
undertakings set forth in any bond ordinance, including the making and
collecting of sufficient rates and charges for the use or service of the
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the proper application
of the income and revenue therefrom.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15021
(55 ILCS 5/5-15021) (from Ch. 34, par. 5-15021)
Sec. 5-15021.
Rules and regulations; liens;
discontinuance of service. Rules and regulations governing the
maintenance and operation of the waterworks properties, or sewage
facilities, or waste management facilities, as the case
may be, shall be established from time to time by ordinance, and rates
and charges for use and service for all purposes, including charges to
connect to such properties or facilities, and which may include the
imposition of interest and penalties for failure to make payments when
due, except for charges or rates established by contract for a wholesale
supply of water as herein authorized shall be established, revised,
maintained, be due and payable, and be in force as the county board may
determine by separate ordinances, and rates or charges established by
the board shall not be subject to any statutory regulations covering
rates and charges for similar service by privately owned waterworks,
sewage facilities or waste management facilities.
Any ordinance establishing rules and regulations or rates or charges
for the use and service shall be published within 30 days after its
adoption in a newspaper published and of general circulation in the
county, and if there be no such newspaper then such ordinance shall be
posted in not less than 10 of the most public places in the county, and
shall become effective 10 days after such publication or posting as the
case may be.
Rates and charges for the use and service of the county's waterworks
properties and sewage facilities (except for rates or charges for a
wholesale supply of water or wholesale sewerage service as herein
authorized) shall be liens upon the real estate to which water or
sewerage service is supplied whenever the rates or charges become
delinquent as provided by an ordinance of the county fixing a delinquency date.
A lien is created under the preceding sentence only if the county sends
to the owner or owners of record of the real estate, as referenced by the
taxpayer's identification number, (i) a copy of each delinquency notice sent to
the person who is delinquent in paying the charges or rates or other notice
sufficient to inform the owner or owners of record, as referenced by the
taxpayer's identification number, that the charges or rates have become
delinquent and (ii) a notice that unpaid charges or rates may create a lien on
the real estate under this Section. The county shall have no preference in any
such lien over the rights of any purchaser, mortgagee, judgment creditor or any
lien holder arising prior to the notice of filing of such lien in the
office of the recorder of the county in which the real estate
is located. This notice shall consist of a statement sworn to by an
authorized officer or employee of the county setting out (1) a
description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water or sewerage service
and (3) the date when such amount became delinquent.
The county shall send a copy of the notice of the lien to the owner or
owners of record of the real estate, as referenced by the taxpayer's
identification number. The county shall have the power to foreclose this lien
in the same manner and with the same effect as in the foreclosure of mortgages
on real estate.
The payment of rates and charges for water services to any premises
may be enforced by discontinuing the water service to such premises, and
the payment of charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage
service to such premises, or both. Any public or municipal corporation
or political subdivision of the State furnishing water service to a
premises shall discontinue such service upon receiving written notice
from the county that a rate or charge for sewerage service has become
delinquent, and shall not resume water service until receiving a like
notice that such delinquency has been removed. The county shall
reimburse any such public or municipal corporation or political
subdivision of the State for the reasonable cost of any such
discontinuance and resumption of water service. The county may contract
with any privately owned public utility for the discontinuance of water
service to a premises on account of which a rate or charge for sewerage
service has become delinquent.
(Source: P.A. 86-962; 87-1197.)
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55 ILCS 5/5-15022
(55 ILCS 5/5-15022) (from Ch. 34, par. 5-15022)
Sec. 5-15022.
General obligation bonds.
Any such county may issue
general obligation bonds for the purposes of either planning for,
acquiring, or operating and maintaining waterworks properties, or sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, in the manner prescribed in Section 5-1008, as heretofore
or hereafter amended.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15025 (55 ILCS 5/5-15025)
Sec. 5-15025. Boil order; notification of certified local public health department required. If a county, or any department or agency of the county, issues a boil order, then the county must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the county must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.) |
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