Illinois General Assembly - Full Text of Public Act 098-0162
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Public Act 098-0162


 

Public Act 0162 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0162
 
SB1954 EnrolledLRB098 10296 OMW 40481 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The North Shore Sanitary District Act is amended
by changing Sections 3, 4, 7, 7.1, 9, 11, and 20 as follows:
 
    (70 ILCS 2305/3)  (from Ch. 42, par. 279)
    Sec. 3. Election of trustees; terms. The corporate
authority of the North Shore Sanitary District shall consist of
5 trustees.
    Within 20 days after the adoption of the Act, as provided
in Section 1, the county governing body shall proceed to divide
the sanitary district into 5 wards for the purpose of electing
trustees. One trustee shall be elected for each ward on the
date of the next regular county election. In each sanitary
district organized pursuant to the provisions of this Act prior
to the effective date of this amendatory Act of 1975, one
trustee shall be elected for each ward on the date of the
regular county election in the year 1976. However, the
population in no one ward shall be less than 1/6 of the
population of the whole district and the territory in each of
the wards shall be composed of contiguous territory in as
compact form as practicable. A portion of each ward shall abut
the west shore of Lake Michigan and the boundaries of the
respective wards shall coincide with precinct boundaries and
the boundaries of existing municipalities as nearly as
practicable. In the year 1981, and every 10 years thereafter,
the sanitary district board of trustees shall reapportion the
district, so that the respective wards shall conform as nearly
as practicable with the above requirements as to population,
shape and territory.
    All trustees elected from 1994 through 2011 shall assume
office on the first Monday in December following the general
election. All trustees elected in 2012 or thereafter shall
assume office on the second Wednesday in December following the
general election.
    In the year 1982, and every 10 years thereafter, following
each decennial Federal census, all 5 trustees shall be elected.
Immediately following each decennial redistricting, the
sanitary district board of trustees shall be randomly divided
divide the wards into 2 groups, one of which shall consist of 3
wards and the other shall consist of 2 wards. A random process
shall again be used to determine which trustees Trustees from
one group shall serve terms of 4 years, 4 years and 2 years;
and which trustees from the other group shall serve terms of 2
years, 4 years and 4 years.
    Each of the trustees, upon entering the duties of their
respective offices, shall execute a bond with security, in the
amount and form to be approved by the corporate authorities,
payable to the district, in the penal sum of not less than
$250,000.00, $10,000.00, as directed by resolution or
ordinance, conditioned upon the faithful performance of the
duties of the office. Each bond shall be filed with and
preserved by the board secretary.
    When a vacancy exists in the office of trustees of any
sanitary district organized under the provisions of this Act,
the vacancy shall be filled by appointment by the president of
the sanitary district board of trustees, with the advice and
consent of the sanitary district board of trustees, until the
next regular election at which trustees of the sanitary
district are elected, and shall be made a matter of record in
the office of the county clerk in the county in which the
district is located.
    A majority of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day to day. No
trustee or employee of the district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by the district; nor in the
purchase of any real estate or other property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district. The
trustees have the power to provide and adopt a corporate seal
for the district.
(Source: P.A. 97-500, eff. 8-23-11.)
 
    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
    Sec. 4. Board of trustees; powers; compensation. The
trustees shall constitute a board of trustees for the district.
The board of trustees is the corporate authority of the
district, and shall exercise all the powers and manage and
control all the affairs and property of the district. The board
shall elect a president and vice-president from among their own
number. In case of the death, resignation, absence from the
state, or other disability of the president, the powers, duties
and emoluments of the office of the president shall devolve
upon the vice-president, until the disability is removed or
until a successor to the president is appointed and chosen in
the manner provided in this Act. The board may select a
secretary, treasurer, executive director, chief engineer,
superintendent and attorney, and may provide by ordinance for
the employment of such clerks and other employees as the board
may deem necessary for the municipality. The board may appoint
such other officers and hire such employees to manage and
control the operations of the district as it deems necessary;
provided, however, that the board shall not employ an
individual as a wastewater operator whose Certificate of
Technical Competency is suspended or revoked under rules
adopted by the Pollution Control Board under item (4) of
subsection (a) of Section 13 of the Environmental Protection
Act. All employees selected by the board shall hold their
respective offices during the pleasure of the board, and give
such bond as may be required by the board. The board may
prescribe the duties and fix the compensation of all the
officers and employees of the sanitary district. However, the
president of the board of trustees shall not receive more than
$10,000 per year and the other members of the board shall not
receive more than $7,000 per year. However, beginning with the
commencement of the new term of each board member in 1993, the
president shall not receive more than $11,000 per year and each
other member of the board shall not receive more than $8,000
per year. Beginning with the commencement of the first new term
after the effective date of this amendatory Act of the 95th
General Assembly, the president of the board shall not receive
more than $14,000 per year, and each other member of the board
shall not receive more than $11,000 per year. The board of
trustees has full power to pass all necessary ordinances, rules
and regulations for the proper management and conduct of the
business of the board and of the corporation, and for carrying
into effect the objects for which the sanitary district was
formed. The ordinances may provide for a fine for each offense
of not less than $100 or more than $1,000. Each day's
continuance of a violation shall be a separate offense. Fines
under this Section are recoverable by the sanitary district in
a civil action. The sanitary district is authorized to apply to
the circuit court for injunctive relief or mandamus when, in
the opinion of the chief administrative officer, the relief is
necessary to protect the sewerage system of the sanitary
district.
    The board of trustees shall have the authority to change
the name of the District, by ordinance, to the North Shore
Water Reclamation District. If an ordinance is passed pursuant
to this paragraph, all provisions of this Act shall apply to
the newly renamed district.
(Source: P.A. 95-607, eff. 9-11-07.)
 
    (70 ILCS 2305/7)  (from Ch. 42, par. 283)
    Sec. 7. Powers of the board of trustees. The board of
trustees of any sanitary district organized under this Act may
provide for the treatment disposal of the sewage thereof and
save and preserve the water supplied to the inhabitants of such
district from contamination. For that purpose the board may
construct and maintain an enclosed conduit or conduits, main
pipes, wholly or partially submerged, buried or otherwise, and
by means of pumps or otherwise cause such sewage to flow or to
be forced through such conduit or conduits, pipe or pipes to
and into any ditch or canal constructed and operated by any
other sanitary district, after having first acquired the right
so to do. Such board may provide for the drainage of such
district by laying out, establishing, constructing and
maintaining one or more channels, drains, ditches and outlets
for carrying off and disposing of the drainage (including the
sewage) of such district, together with such adjuncts and
additions thereto as may be necessary or proper to cause such
channels or outlets to accomplish the end for which they are
designed, in a satisfactory manner, including pumps and pumping
stations and the operation of the same. Such board shall
provide suitable and modernly equipped sewage treatment
disposal works or plants for the separation and treatment
disposal of all solids and deleterious matter from the liquids,
and shall treat and purify the residue of such sewage so that
when it flows into any lake, it will not injuriously
contaminate the waters thereof. The board shall adopt any
feasible method to accomplish the object for which such
sanitary district may be created, and may also provide means
whereby the sanitary district may reach and procure supplies of
water for diluting and flushing purposes. The board of trustees
of any sanitary district formed under this Act may also enter
into an agreement to sell, convey, or disburse treated
wastewater to any public or private entity located within or
outside of the boundaries of the sanitary district. Any use of
treated wastewater by any public or private entity shall be
subject to the orders of the Pollution Control Board. The
agreement may not exceed 20 years.
    Nothing set forth in this Section may be construed to
empower, authorize or require such board of trustees to operate
a system of water works for the purpose of furnishing or
delivering water to any such municipality or to the inhabitants
thereof without payment therefor at such rates as the board may
determine. Nothing in this Act shall require a sanitary
district to extend service to any individual residence or other
building within the district, and it is the intent of the
Illinois General Assembly that any construction contemplated
by this Section shall be restricted to construction of works
and main or interceptor sewers, conduits, channels and similar
facilities, but not individual service lines. Nothing in this
Act contained authorizes the trustees to flow the sewage of
such district into Lake Michigan. Any such plan for sewage
disposal by any sanitary district organized hereunder is
prohibited, unless such sewage has been treated and purified as
provided in this Section, all laws of the Federal government
relating to the pollution of navigable waters have been
complied with, the approval of plans and constructions of
outlets and connection with any of the streams or navigable
bodies of water within or bordering upon the State has been
obtained from the Department of Natural Resources of the State.
The discharge of any sewage from any such district into any of
the streams or navigable bodies of water within or bordering
upon the State is subject to the orders of the Pollution
Control Board. Nothing in this Act contained may be construed
as superseding or in any manner limiting the provisions of the
Environmental Protection Act.
    After the construction of such sewage disposal plant, if
the board finds that it will promote the prevention of
pollution of waters of the State, such board of trustees may
adopt ordinances or rules and regulations, prohibiting or
regulating the discharge to sewers of inadmissible wastes or
substances toxic to biological wastewater treatment processes.
Inadmissible wastes include those which create a fire or
explosion hazard in the sewer or treatment works; those which
will impair the hydraulic capacity of sewer systems; and those
which in any quantity, create a hazard to people, sewer
systems, treatment processes, or receiving waters. Substances
that may be toxic to wastewater treatment processes include
copper, chromium, lead, zinc, arsenic and nickel and any
poisonous compounds such as cyanide or radioactive wastes which
pass through wastewater treatment plants in hazardous
concentrations and menace users of the receiving waters. Such
ordinances or rules and regulations shall be effective
throughout the sanitary district, in the incorporated areas as
well as the unincorporated areas and all public sewers therein.
(Source: P.A. 97-500, eff. 8-23-11.)
 
    (70 ILCS 2305/7.1)  (from Ch. 42, par. 283.1)
    Sec. 7.1. In providing works for the treatment disposal of
industrial sewage, commonly called industrial wastes, whether
the industrial sewage is disposed of in combination with
municipal sewage or independently, the sanitary district has
power to apportion and collect therefore, from the producer
thereof, fair additional construction, maintenance and
operating costs over and above those covered by normal taxes,
and in case of dispute as to the fairness of such additional
construction, maintenance and operating costs, then the same
shall be determined by an arbitration board of 3 engineers, one
appointed by the sanitary district, one appointed by such
producer or producers or their legal representatives, and the
third to be appointed by the 2 engineers selected as above
described. In the event the 2 engineers so selected fail to
agree upon a third engineer then upon the petition of either of
the parties the circuit judge shall appoint such third
engineer. A decision of a majority of the arbitration board
shall be binding on both parties and the cost of the services
of the arbitration board shall be shared by both parties
equally. Such decision is an administrative decision and is
subject to judicial review as provided in the Administrative
Review Law.
    In providing works, including the main pipes referred to in
Section 7, for the treatment disposal of raw sewage, in the
manner provided in this Act, whether such sewage is treated
disposed of in combination with municipal sewage or
independently, the sanitary district has power to collect a
fair and reasonable charge for connection to its system in
addition to those charges covered by normal taxes, for the
construction, expansion and extension of the works of the
system, the charge to be assessed against new or additional
users of the system and to be known as a connection charge.
Such construction, expansion and extension of the works of the
system shall include proposed or existing collector systems and
may, at the discretion of such district, include connections by
individual properties. The charge for connection shall be
determined by the district and may equal or exceed the actual
cost to the district of the construction, expansion or
extension of the works of the system required by the
connection. The funds thus collected shall be used by the
sanitary district for its general corporate purposes with
primary application thereof being made by the necessary
expansion of the works of the system to meet the requirements
of the new users thereof.
(Source: P.A. 85-480; 85-782.)
 
    (70 ILCS 2305/9)  (from Ch. 42, par. 285)
    Sec. 9. The corporation may borrow money for corporate
purposes and may issue bonds therefor, but shall not become
indebted, in any manner, or for any purpose, to an amount in
the aggregate to exceed 4.50% 5.75% on the valuation of taxable
property therein, to be ascertained by the last assessment for
state and county taxes previous to the incurring of such
indebtedness or, until January 1, 1983, if greater, the sum
that is produced by multiplying the district's 1978 equalized
assessed valuation by the debt limitation percentage in effect
on January 1, 1979. Whenever the board of trustees of such
district desires to issue bonds hereunder they shall certify
the question to the proper election officials who shall submit
the question at an election to be held in such district in
accordance with the general election law. In addition to the
requirements of the general election law, the notice of
election shall state the amount of bonds to be issued. The
result of the election shall be entered upon the records of the
district. If it shall appear that a majority of the voters
voting at the election on the question shall have voted in
favor of the issue of the bonds, the board of trustees shall
order and direct the execution of the bonds for and on behalf
of the district. All bonds issued hereunder shall mature in not
exceeding 20 annual installments. The question shall be in
substantially the following form:
-------------------------------------------------------------
    Proposition to issue bonds       YES
of..... district to the       -------------------------------
amount of..... dollars.             NO
-------------------------------------------------------------
    Provided that the corporation may borrow money for
corporate purposes, and may issue bonds therefor, without
holding an election or referendum upon the question, if the
corporation or the board of trustees thereof has been directed
by an order issued by the circuit court or by an administrative
agency of the State of Illinois having jurisdiction to issue
such order, to abate its discharge of untreated or inadequately
treated sewage, and such borrowing is deemed necessary by the
board of trustees of the Sanitary District to make possible
compliance with such order. The amount of money that the
corporation may borrow to abate such sewage discharge shall be
limited to that required for that purpose plus such reasonable
future expansion as shall be approved by the court or an
administrative agency of the State of Illinois having
jurisdiction. The ordinance providing for such bonds shall set
out the fact that such bonds are deemed necessary to make
possible compliance with the order, and shall be published or
posted in the manner provided in this Act for publication or
posting of ordinances making appropriations. The ordinance
shall be in full force and effect after its adoption and
publication or posting, as herein provided, notwithstanding
any provision in this Act or any other law to the contrary.
(Source: P.A. 81-1489.)
 
    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
    Sec. 11. Except as otherwise provided in this Section, all
contracts for purchases or sales by the municipality, the
expense of which will exceed the mandatory competitive bid
threshold, shall be let to the lowest responsible bidder
therefor upon not less than 14 days' public notice of the terms
and conditions upon which the contract is to be let, having
been given by publication in a newspaper of general circulation
published in the district, and the board may reject any and all
bids and readvertise. In determining the lowest responsible
bidder, the board shall take into consideration the qualities
and serviceability of the articles supplied, their conformity
with specifications, their suitability to the requirements of
the district, the availability of support services, the
uniqueness of the service, materials, equipment, or supplies as
it applies to network integrated computer systems, the
compatibility of the service, materials, equipment or supplies
with existing equipment, and the delivery terms. Contracts for
services in excess of the mandatory competitive bid threshold
may, subject to the provisions of this Section, be let by
competitive bidding at the discretion of the district board of
trustees. All contracts for purchases or sales that will not
exceed the mandatory competitive bid threshold may be made in
the open market without publication in a newspaper as above
provided, but whenever practical shall be based on at least 3
competitive bids. For purposes of this Section, the "mandatory
competitive bid threshold" is a dollar amount equal to 0.1% of
the total general fixed assets of the district as reported in
the most recent required audit report. In no event, however,
shall the mandatory competitive bid threshold dollar amount be
less than $10,000, nor more than $40,000.
    Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in excess
of the mandatory competitive bid threshold and, if so required,
the advertisement for bids shall so specify.
    Contracts which by their nature are not adapted to award by
competitive bidding, including, without limitation, contracts
for the services of individuals, groups or firms possessing a
high degree of professional skill where the ability or fitness
of the individual or organization plays an important part,
contracts for financial management services undertaken
pursuant to "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or
hereafter amended, contracts for the purchase or sale of
utilities, contracts for commodities including supply
contracts for natural gas and electricity, contracts for
materials economically procurable only from a single source of
supply, contracts for services, supplies, materials, parts, or
equipment which are available only from a single source or
contracts for maintenance, repairs, OEM supplies, or OEM parts
from the manufacturer or from a source authorized by the
manufacturer, contracts for the use, purchase, delivery,
movement, or installation of data processing equipment,
software, or services and telecommunications and interconnect
equipment, software, or services, contracts for duplicating
machines and supplies, contracts for goods or services procured
from another governmental agency, purchases of equipment
previously owned by an entity other than the district itself,
purchases of used equipment, purchases at auction or similar
transactions which by their very nature are not suitable to
competitive bids, and leases of real property where the
sanitary district is the lessee shall not be subject to the
competitive bidding requirements of this Section.
    The District may use a design-build procurement method for
any public project which shall not be subject to the
competitive bidding requirements of this Section provided the
Board of Trustees approves the contract for the public project
by a vote of 4 of the 5 trustees. For the purposes of this
Section, "design-build" means a delivery system that provides
responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required, and the labor, materials, equipment, and other
construction services for the project.
    In the case of an emergency affecting the public health or
safety so declared by the Board of Trustees of the municipality
at a meeting thereof duly convened, which declaration shall
require the affirmative vote of four of the five Trustees
elected, and shall set forth the nature of the danger to the
public health or safety, contracts totaling not more than the
emergency contract cap may be let to the extent necessary to
resolve such emergency without public advertisement or
competitive bidding. For purposes of this Section, the dollar
amount of an emergency contract shall not "emergency contract
cap" is a dollar amount equal to 0.4% of the total general
fixed assets of the district as reported in the most recent
required audit report. In no event, however, shall the
emergency contract cap dollar amount be less than $40,000, nor
more than $350,000 $250,000. The Resolution or Ordinance in
which such declaration is embodied shall fix the date upon
which such emergency shall terminate which date may be extended
or abridged by the Board of Trustees as in their judgment the
circumstances require. A full written account of any such
emergency, together with a requisition for the materials,
supplies, labor or equipment required therefor shall be
submitted immediately upon completion and shall be open to
public inspection for a period of at least one year subsequent
to the date of such emergency purchase. Within 30 days after
the passage of the resolution or ordinance declaring an
emergency affecting the public health or safety, the
municipality shall submit to the Illinois Environmental
Protection Agency the full written account of any such
emergency along with a copy of the resolution or ordinance
declaring the emergency, in accordance with requirements as may
be provided by rule.
    To address operating emergencies not affecting the public
health or safety, the Board of Trustees shall authorize, in
writing, officials or employees of the sanitary district to
purchase in the open market and without advertisement any
supplies, materials, equipment, or services for immediate
delivery to meet the bona fide operating emergency, without
filing a requisition or estimate therefor, in an amount not in
excess of $100,000; provided that the Board of Trustees must be
notified of the operating emergency. A full, written account of
each operating emergency and a requisition for the materials,
supplies, equipment, and services required to meet the
operating emergency must be immediately submitted by the
officials or employees authorized to make purchases to the
Board of Trustees. The account must be available for public
inspection for a period of at least one year after the date of
the operating emergency purchase. The exercise of authority
with respect to purchases for a bona fide operating emergency
is not dependent on a declaration of an operating emergency by
the Board of Trustees.
    The competitive bidding requirements of this Section do not
apply to contracts, including contracts for both materials and
services incidental thereto, for the repair or replacement of a
sanitary district's treatment plant, sewers, equipment, or
facilities damaged or destroyed as the result of a sudden or
unexpected occurrence, including, but not limited to, a flood,
fire, tornado, earthquake, storm, or other natural or man-made
disaster, if the board of trustees determines in writing that
the awarding of those contracts without competitive bidding is
reasonably necessary for the sanitary district to maintain
compliance with a permit issued under the National Pollution
Discharge Elimination System (NPDES) or any successor system or
with any outstanding order relating to that compliance issued
by the United States Environmental Protection Agency, the
Illinois Environmental Protection Agency, or the Illinois
Pollution Control Board. The authority to issue contracts
without competitive bidding pursuant to this paragraph expires
6 months after the date of the writing determining that the
awarding of contracts without competitive bidding is
reasonably necessary.
    No Trustee shall be interested, directly or indirectly, in
any contract, work or business of the municipality, or in the
sale of any article, whenever the expense, price or
consideration of the contract work, business or sale is paid
either from the treasury or by any assessment levied by any
Statute or Ordinance. No Trustee shall be interested, directly
or indirectly, in the purchase of any property which (1)
belongs to the municipality, or (2) is sold for taxes or
assessments of the municipality, or (3) is sold by virtue of
legal process in the suit of the municipality.
    A contract for any work or other public improvement, to be
paid for in whole or in part by special assessment or special
taxation, shall be entered into and the performance thereof
controlled by the provisions of Division 2 of Article 9 of the
"Illinois Municipal Code", approved May 29, 1961, as heretofore
or hereafter amended, as near as may be. However, contracts may
be let for making proper and suitable connections between the
mains and outlets of the respective sanitary sewers in the
district with any conduit, conduits, main pipe or pipes that
may be constructed by such sanitary district.
(Source: P.A. 95-607, eff. 9-11-07; 96-49, eff. 1-1-10.)
 
    (70 ILCS 2305/20)  (from Ch. 42, par. 296)
    Sec. 20. (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 by any city, town or village within said district, and
shall have the right and power to appoint and support a
sufficient police force, the members of which may have and
exercise police powers over the territory within such drainage
district, and over the waters from which said water supply may
be obtained, for a distance of three miles from the shore
thereof, for the purpose of preventing the pollution of said
waters, and any interference with any of the property of such
drainage district; but such police officers when acting within
the limits of any such city, town or village, shall act in aid
of the regular police force thereof, and shall then be subject
to the direction of its chief of police, city or village
marshals or other head thereof: Provided, that in so doing they
shall not be prevented or hindered from executing the orders
and authority of said board of trustees of such drainage
district: Provided, further, 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 district
shall first provide some other method of sewage treatment
disposal.
    (b) 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 by any municipality within the district.
    (c) 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. 85-1136.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2013