Public Act 93-0500
HB3231 Enrolled LRB093 07787 BDD 07976 b
AN ACT concerning sanitation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 11-141-7 and 11-141-16 as follows:
(65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
Sec. 11-141-7. Powers. The corporate authorities of any
municipality that owns and operates or that may hereafter own
and operate a sewerage system constructed or acquired under
the provisions of any law of this state may make, enact, and
enforce all needful rules, regulations, and ordinances for
the improvement, care, and protection of its sewerage system
and any other sewer or sewerage system, located outside the
corporate boundary of the municipality and not owned by it,
that directly or indirectly connects with the municipality's
sewerage system, which may be conducive to the preservation
of the public health, comfort, and convenience, and may
render the sewage carried in the sewerage system of the
municipality harmless in so far as it is reasonably possible
to do so.
The corporate authorities of such a municipality may, by
ordinance, charge the inhabitants thereof for the use and
service of its sewerage system whether by direct or indirect
connection therewith within or without the corporate
boundary, and to establish charges or rates for that purpose.
The corporate authorities of such a municipality may by
ordinance charge the users thereof, whether they be inside of
or outside of the municipality, for the use and service of
its sewerage system whether by direct or indirect connection
therewith, within or without the corporate boundary, and may
establish charges or rates for that purpose, provided however
that where such users are residents of another municipality
with whom there is a contract for use and service of the
sewerage system, then such charges or rates shall be made in
accordance with the terms of the contract, either directly to
the users or to the contracting municipality as may be
provided by the provisions of the contract. In making such
rates and charges the municipality may provide for a rate to
the outside users in excess of the rate fixed for the
inhabitants of said municipality as may be reasonable. Where
bonds are issued as provided in Sections 11-141-2 and
11-141-3, the corporate authorities shall establish rates or
charges as provided in this section, and these charges or
rates shall be sufficient at all times to pay the cost of
operation and maintenance, to provide an adequate
depreciation fund, and to pay the principal of and interest
upon all revenue bonds issued under Sections 11-141-2 and
11-141-3.
A depreciation fund is a fund for such replacements as
may be necessary from time to time for the continued
effective and efficient operation of the system. The
depreciation fund shall not be allowed to accumulate beyond a
reasonable amount necessary for that purpose, and shall not
be used for extensions to the system.
Charges or rates shall be established, revised, and
maintained by ordinance and become payable as the corporate
authorities may determine by ordinance.
Such charges or rates are liens upon the real estate upon
or for which sewerage service is supplied whenever the
charges or rates become delinquent as provided by the
ordinance of the municipality fixing a delinquency date. A
lien is created under the preceding sentence only if the
municipality sends to the owner or owners of record, as
referenced by the taxpayer's identification number, of the
real estate (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. However, the
municipality has no preference over the rights of any
purchaser, mortgagee, judgment creditor, or other lien holder
arising prior to the filing of the notice of such a lien in
the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of
titles of such county if the property affected is registered
under "An Act concerning land titles", approved May 1, 1897,
as amended. This notice shall consist of a sworn statement
setting out (1) a description of such real estate sufficient
for the identification thereof, (2) the amount of money due
for such sewerage service, and (3) the date when such amount
became delinquent. The municipality 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 municipality has the power to foreclose this lien
in the same manner and with the same effect as in the
foreclosure of mortgages on real estate.
Except in counties with a population of more than 250,000
where the majority of the municipal sewerage system users are
located outside of the municipality's corporate limits, the
payment of delinquent charges for sewerage service to any
premises may be enforced by discontinuing either the water
service or the sewerage service to that premises, or both. A
rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation or political
subdivision of the State furnishing water service to a
premises (i) shall discontinue that service upon receiving
written notice from the municipality providing sewerage
service that payment of the rate or charge for sewerage
service to the premises has become delinquent and (ii) shall
not resume water service until receiving a similar notice
that the delinquency has been removed. 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.
An investor-owned public utility providing water service
within a municipality that provides sewerage service may
contract with the municipality to discontinue water service
to a premises with respect to which the payment of a rate or
charge for sewerage service has become delinquent. The
municipality shall reimburse the privately owned public
utility, public or municipal corporation, or political
subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any lost
water service revenues, and the costs of discontinuing water
service. The municipality shall indemnify the privately owned
public utility, public or municipal corporation, or political
subdivision of the State for any judgment and related
attorney's fees resulting from an action based on any
provision of this paragraph.
The municipality also has the power, from time to time,
to sue the occupant or user of that real estate in a civil
action to recover money due for sewerage services, plus a
reasonable attorney's fee, to be fixed by the court. However,
whenever a judgment is entered in such a civil action, the
foregoing provisions in this section with respect to filing
sworn statements of such delinquencies in the office of the
recorder and creating a lien against the real estate shall
not be effective as to the charges sued upon and no lien
shall exist thereafter against the real estate for the
delinquency. Judgment in such a civil action operates as a
release and waiver of the lien upon the real estate for the
amount of the judgment.
(Source: P.A. 87-1197.)
(65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
Sec. 11-141-16. Powers; particular locality. If after
the public hearing the corporate authorities of the
municipality adopt a resolution to proceed with the
construction or acquisition of the project, the corporate
authorities may make and enforce all needful rules and
regulations in connection with the construction, acquisition,
improvement, or extension, and with the management and
maintenance of the project to be constructed or acquired. The
corporate authorities also may establish the rate or charge
to each user of the sewerage system or improvement or
extension at a rate which will be sufficient to pay the
principal and interest of any bonds, issued to pay the cost
thereof, maintenance, and operation of the system,
improvement, or extension and may provide an adequate
depreciation fund therefor. Charges or rates shall be
established, revised, and maintained by ordinance and become
payable as the corporate authorities may determine by
ordinance. Such charges or rates are liens upon the real
estate upon or for which sewerage service is supplied
whenever the charges or rates become delinquent as provided
by the ordinance of the municipality fixing a delinquency
date. A lien is created under the preceding sentence only if
the municipality 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. However,
the municipality has no preference over the rights of any
purchaser, mortgagee, judgment creditor, or other lien holder
arising prior to the filing of the notice of such a lien in
the office of the recorder of the county in which such real
estate is located or in the office of the registrar of titles
of such county if the property affected is registered under
"An Act concerning land titles", approved May 1, 1897, as
amended. This notice shall consist of a sworn statement
setting out (1) a description of such real estate sufficient
for the identification thereof, (2) the amount of money due
for such sewerage service, and (3) the date when such amount
became delinquent, (4) the owner of record of the premises.
The municipality 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
municipality may foreclose this lien in the same manner and
with the same effect as in the foreclosure of mortgages on
real estate.
Except in counties with a population of more than 250,000
where the majority of the municipal sewerage system users are
located outside of the municipality's corporate limits, the
payment of delinquent charges for sewerage service to any
premises may be enforced by discontinuing either the water
service or the sewerage service to that premises, or both. A
rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation or political
subdivision of the State furnishing water service to a
premises (i) shall discontinue that service upon receiving
written notice from the municipality providing sewerage
service that payment of the rate or charge for sewerage
service to the premises has become delinquent and (ii) shall
not resume water service until receiving a similar notice
that the delinquency has been removed. 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.
An investor-owned public utility providing water service
within a municipality that provides sewerage service may
contract with the municipality to discontinue water service
to a premises with respect to which the payment of a rate or
charge for sewerage service has become delinquent. The
municipality shall reimburse the privately owned public
utility, public or municipal corporation, or political
subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any lost
water service revenues, and the costs of discontinuing water
service. The municipality shall indemnify the privately owned
public utility, public or municipal corporation, or political
subdivision of the State for any judgment and related
attorney's fees resulting from an action based on any
provision of this paragraph.
The municipality also may, from time to time, sue the
occupant or user of the real estate in a civil action to
recover the money due for sewerage services, plus a
reasonable attorney's fee, to be fixed by the court. However,
whenever a judgment is entered in such a civil action, the
foregoing provision in this section with respect to filing
sworn statements of such delinquencies in the office of the
recorder and creating a lien against the real estate shall
not be effective as to the charges sued upon and no lien
shall exist thereafter against the real estate for that
delinquency. Judgment in such a civil action operates as a
release and waiver of the lien upon the real estate for the
amount of the judgment. The charge provided in this section
to be made against each user of an improvement or extension
shall be in addition to the charge, if any, made of all users
of the system under Section 11-141-7 and shall be kept
separate and distinct therefrom.
This amendatory Act of 1975 is not a limit on any
municipality which is a home rule unit.
(Source: P.A. 87-1197.)
Section 10. The Sanitary District Revenue Bond Act is
amended by changing Section 7 as follows:
(70 ILCS 3010/7) (from Ch. 42, par. 319.7)
Sec. 7. The board of trustees of any sanitary district
that owns and operates or that may hereafter own and operate
a sewerage system constructed or acquired under the
provisions of any law of this State has the power to make,
enact, and enforce all needful rules and regulations in the
construction, acquisition, improvement, extension,
management, and maintenance of its sewerage system and for
the use thereof. The board of trustees of such a sanitary
district also has the power to make, enact, and enforce all
needful rules, regulations, and ordinances for the
improvement, care, and protection of its sewerage system,
which may be conducive to the preservation of the public
health, comfort, and convenience, and to render the sewage of
the sanitary district harmless in so far as it is reasonably
possible to do so.
The board of trustees of such a sanitary district has the
power, by ordinance, to charge the inhabitants thereof for
the use and service of its sewerage system and to establish
charges or rates for that purpose. Where bonds are issued as
provided in Sections 2 and 3 of this Act, the board of
trustees shall establish rates or charges as provided in this
section, and these charges or rates shall be sufficient at
all times to pay the cost of operation and maintenance, to
provide an adequate depreciation fund, and to pay the
principal of and interest upon all revenue bonds issued under
Sections 2 and 3 hereof.
A depreciation fund is a fund for such replacements as
may be necessary from time to time for the continued
effective and efficient operation of the system. The
depreciation fund shall not be allowed to accumulate beyond a
reasonable amount necessary for that purpose, and shall not
be used for extensions to the system.
Charges or rates shall be established, revised, and
maintained by ordinance and become payable as the board of
trustees may determine by ordinance. Such charges or rates
shall be liens upon the real estate upon or for which
sewerage service is supplied; provided, however, such liens
shall not attach to such real estate until such charges or
rates have become delinquent as provided by the ordinance of
the sanitary district fixing a delinquency date. A lien is
created under the preceding sentence only if the sanitary
district 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. Nothing in this
Section shall be construed to give the sanitary district a
preference over the rights of any purchaser, mortgagee,
judgment creditor or other lien holder arising prior to the
filing in the office of the recorder of the county in which
such real estate is located, or in the office of the
registrar of titles of such county if the property affected
is registered under the Torrens System, of notice of said
lien. The notice shall consist of a sworn statement setting
out (1) a description of the real estate sufficient for the
identification thereof, upon or for which the sewerage
service was supplied, (2) the amount or amounts of money due
for such sewerage service, and (3) the date or dates when
such amount or amounts became delinquent. The sanitary
district 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 sanitary
district shall have the power to foreclose such lien in like
manner and with like effect as in the foreclosure of
mortgages on real estate.
The payment of delinquent charges for sewerage service to
any premises may be enforced by discontinuing either the
water service or the sewerage service to that premises, or
both. A rate or charge is delinquent if it is more than 30
days overdue. Any public or municipal corporation or
political subdivision of the State furnishing water service
to a premises (i) shall discontinue that service upon
receiving written notice from the sanitary district in which
the premises lies that payment of the rate or charge for
sewerage service to the premises has become delinquent and
(ii) shall not resume water service until receiving a similar
notice that the delinquency has been removed. 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.
The sanitary district shall reimburse the public or municipal
corporation or political subdivision of the State for the
reasonable cost of the discontinuance and the resumption of
water service. The sanitary district may contract with any
privately owned public utility for the discontinuance of
water service to a premises with respect to which the payment
of a rate or charge for sewerage service has become
delinquent. The sanitary district shall reimburse the 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 any
provision of this paragraph.
The sanitary district also has the power, from time to
time, to sue the owner, occupant or user of that real estate,
or a person receiving any direct or indirect benefit from
such services, in a civil action to recover money due for
sewerage services, plus a reasonable attorney's fee, to be
fixed by the court; provided, however, that the sanitary
district shall give notice of its intention to bring such
action to the owner of record by regular mail not less than 7
days prior to filing such civil action.
Judgment in a civil action brought by the sanitary
district to recover or collect such charges shall not operate
as a release or waiver of the lien upon the real estate for
the amount of the judgment. Only satisfaction of the
judgment or the filing of a release and satisfaction of lien
shall release said lien. The lien for charges on account of
services or benefits provided for in this Section and the
rights created hereunder shall be in addition to and not in
derogation of the lien upon real estate created by and
imposed for general real estate taxes.
(Source: P.A. 87-1197.)