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90_SB0293
70 ILCS 3010/1 from Ch. 42, par. 319.1
70 ILCS 3010/7 from Ch. 42, par. 319.7
Amends the Sanitary District Revenue Bond Act. Makes the
Act applicable to the North Shore Sanitary District.
Authorizes discontinuance of water service or sewerage
service, or both, to a premises within a sanitary district
when payment of the rate or charge for sewerage service to
the premises has become delinquent. States that the provider
of sewerage service shall not request discontinuation of
water service before sending a notice of the delinquency to
the sewer user and affording the user an opportunity to be
heard. Provides that a sanitary district shall reimburse a
water service provider for any lost water service revenues
and the costs of discontinuing water service and shall
indemnify the water service provider for any judgment and
related attorney's fees resulting from an action based on
provisions authorizing discontinuance of water service.
LRB9000139DNmbA
LRB9000139DNmbA
1 AN ACT to amend the Sanitary District Revenue Bond Act by
2 changing Sections 1 and 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sanitary District Revenue Bond Act is
6 amended by changing Sections 1 and 7 as follows:
7 (70 ILCS 3010/1) (from Ch. 42, par. 319.1)
8 Sec. 1. When used in this Act:
9 "Sewerage system" means and includes any or all of the
10 following: a sewage treatment plant or plants, collecting,
11 intercepting and outlet sewers, force mains, conduits,
12 lateral sewers and extensions, pumping stations, ejector
13 stations, and all other appurtenances, extensions, or
14 improvements necessary or useful and convenient for the
15 collection, treatment, and disposal, in a sanitary manner, of
16 sewage and industrial wastes. The term also includes the
17 disconnection of storm water drains and constructing outlets
18 therefor, where, in any case, such work is necessary to
19 relieve existing sanitary sewers of storm water loads, in
20 order to permit the efficient operation of such sanitary
21 sewers for collection, treatment, and disposal of sewage and
22 industrial wastes.
23 "Sanitary district" means a sanitary district organized
24 and created under any of the laws of the State of Illinois
25 having a population of less than 500,000 and also means a
26 sanitary district organized under the North Shore Sanitary
27 District Act and any drainage district which comes within the
28 terms of "An Act relating to drainage districts that collect
29 and convey sewage and other wastes through long, continued
30 and common usage of district drainage facilities", enacted by
31 the 73rd General Assembly.
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1 "Board of trustees" means the board of trustees of a
2 sanitary district or the commissioners of a drainage
3 district.
4 "Municipality" means a city, village, or incorporated
5 town in the State of Illinois having a population of less
6 than 500,000.
7 "Corporate authorities" means the city council or similar
8 body of cities and the board of trustees or similar body of
9 villages or incorporated towns.
10 (Source: Laws 1963, p. 2986.)
11 (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
12 Sec. 7. The board of trustees of any sanitary district
13 that owns and operates or that may hereafter own and operate
14 a sewerage system constructed or acquired under the
15 provisions of any law of this State has the power to make,
16 enact, and enforce all needful rules and regulations in the
17 construction, acquisition, improvement, extension,
18 management, and maintenance of its sewerage system and for
19 the use thereof. The board of trustees of such a sanitary
20 district also has the power to make, enact, and enforce all
21 needful rules, regulations, and ordinances for the
22 improvement, care, and protection of its sewerage system,
23 which may be conducive to the preservation of the public
24 health, comfort, and convenience, and to render the sewage of
25 the sanitary district harmless in so far as it is reasonably
26 possible to do so.
27 The board of trustees of such a sanitary district has the
28 power, by ordinance, to charge the inhabitants thereof for
29 the use and service of its sewerage system and to establish
30 charges or rates for that purpose. Where bonds are issued as
31 provided in sections 2 and 3 of this Act, the board of
32 trustees shall establish rates or charges as provided in this
33 section, and these charges or rates shall be sufficient at
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1 all times to pay the cost of operation and maintenance, to
2 provide an adequate depreciation fund, and to pay the
3 principal of and interest upon all revenue bonds issued under
4 sections 2 and 3 hereof.
5 A depreciation fund is a fund for such replacements as
6 may be necessary from time to time for the continued
7 effective and efficient operation of the system. The
8 depreciation fund shall not be allowed to accumulate beyond a
9 reasonable amount necessary for that purpose, and shall not
10 be used for extensions to the system.
11 Charges or rates shall be established, revised, and
12 maintained by ordinance and become payable as the board of
13 trustees may determine by ordinance. Such charges or rates
14 shall be liens upon the real estate upon or for which
15 sewerage service is supplied; provided, however, such liens
16 shall not attach to such real estate until such charges or
17 rates have become delinquent as provided by the ordinance of
18 the sanitary district fixing a delinquency date. A lien is
19 created under the preceding sentence only if the sanitary
20 district sends to the owner or owners of record of the real
21 estate, as referenced by the taxpayer's identification
22 number, (i) a copy of each delinquency notice sent to the
23 person who is delinquent in paying the charges or rates or
24 other notice sufficient to inform the owner or owners of
25 record, as referenced by the taxpayer's identification
26 number, that the charges or rates have become delinquent and
27 (ii) a notice that unpaid charges or rates may create a lien
28 on the real estate under this Section. Nothing in this
29 Section shall be construed to give the sanitary district a
30 preference over the rights of any purchaser, mortgagee,
31 judgment creditor or other lien holder arising prior to the
32 filing in the office of the recorder of the county in which
33 such real estate is located, or in the office of the
34 registrar of titles of such county if the property affected
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1 is registered under the Torrens System, of notice of said
2 lien. The notice shall consist of a sworn statement setting
3 out (1) a description of the real estate sufficient for the
4 identification thereof, upon or for which the sewerage
5 service was supplied, (2) the amount or amounts of money due
6 for such sewerage service, and (3) the date or dates when
7 such amount or amounts became delinquent. The sanitary
8 district shall send a copy of the notice of the lien to the
9 owner or owners of record of the real estate, as referenced
10 by the taxpayer's identification number. The sanitary
11 district shall have the power to foreclose such lien in like
12 manner and with like effect as in the foreclosure of
13 mortgages on real estate.
14 The payment of delinquent charges for sewerage service to
15 any premises may be enforced by discontinuing either the
16 water service or the sewerage service to that premises, or
17 both. A rate or charge is delinquent if it is more than 30
18 days overdue. Any public or municipal corporation or
19 political subdivision of the State furnishing water service
20 to a premises (i) shall discontinue that service upon
21 receiving written notice from the sanitary district in which
22 the premises lies that payment of the rate or charge for
23 sewerage service to the premises has become delinquent and
24 (ii) shall not resume water service until receiving a similar
25 notice that the delinquency has been removed. The provider of
26 sewerage service shall not request discontinuation of water
27 service before sending a notice of the delinquency to the
28 sewer user and affording the user an opportunity to be heard.
29 The sanitary district shall reimburse the public or municipal
30 corporation or political subdivision of the State for the
31 reasonable cost of the discontinuance and the resumption of
32 water service. The sanitary district may contract with any
33 privately owned public utility for the discontinuance of
34 water service to a premises with respect to which the payment
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1 of a rate or charge for sewerage service has become
2 delinquent. The sanitary district shall reimburse the water
3 service provider for any lost water service revenues and the
4 costs of discontinuing water service, and shall indemnify the
5 water service provider for any judgment and related
6 attorney's fees resulting from an action based on any
7 provision of this paragraph.
8 The sanitary district also has the power, from time to
9 time, to sue the owner, occupant or user of that real estate,
10 or a person receiving any direct or indirect benefit from
11 such services, in a civil action to recover money due for
12 sewerage services, plus a reasonable attorney's fee, to be
13 fixed by the court; provided, however, that the sanitary
14 district shall give notice of its intention to bring such
15 action to the owner of record by regular mail not less than 7
16 days prior to filing such civil action.
17 Judgment in a civil action brought by the sanitary
18 district to recover or collect such charges shall not operate
19 as a release or waiver of the lien upon the real estate for
20 the amount of the judgment. Only satisfaction of the
21 judgment or the filing of a release and satisfaction of lien
22 shall release said lien. The lien for charges on account of
23 services or benefits provided for in this Section and the
24 rights created hereunder shall be in addition to and not in
25 derogation of the lien upon real estate created by and
26 imposed for general real estate taxes.
27 (Source: P.A. 87-1197.)