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Public Act 097-0500
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| HB0248 Enrolled | LRB097 05468 RLJ 45527 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The North Shore Sanitary District Act is amended |
by changing Sections 3, 7, and 28 and by adding Section 30 as |
follows:
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(70 ILCS 2305/3) (from Ch. 42, par. 279)
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Sec. 3. Election of trustees; terms. The corporate |
authority of the North Shore Sanitary District
shall consist of |
5 trustees.
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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
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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
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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 |
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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,
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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.
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The trustees shall hold office respectively for 4 years |
from the
first Monday of May after their election and until |
their successors are
appointed and qualified, except that the |
term of office of 2 of the
trustees first elected shall be for |
2 years. Which of the trustees
first elected shall serve a term |
of 2 years shall be determined by lot
at their first meeting. |
Notwithstanding the foregoing provisions, all |
All trustees
elected from in 1994 through 2011 or |
thereafter shall assume office on the first Monday in
December |
following the general election instead of the first Monday in |
May of
the following year. All trustees elected in 2012 or |
thereafter shall assume office on the second Wednesday in |
December following the general election.
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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 divide the wards into |
2 groups, one of which shall consist of 3
wards and the other |
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shall consist of 2 wards. Trustees from one group shall
serve |
terms of 4 years, 4 years and 2 years; and trustees from the |
other group
shall serve terms of 2 years, 4 years and 4 years.
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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 |
$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.
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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
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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.
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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 |
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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.
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(Source: P.A. 95-607, eff. 9-11-07.)
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(70 ILCS 2305/7) (from Ch. 42, par. 283)
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Sec. 7. Powers of the board of trustees. The board of |
trustees of any sanitary district organized under
this Act may |
provide for the disposal of the sewage thereof and save and
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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
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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 |
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satisfactory manner, including pumps and pumping
stations and |
the operation of the same. Such board shall provide suitable
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and modernly equipped sewage disposal works or plants for the |
separation
and 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
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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 However, nothing herein |
contained 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, |
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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,
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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.
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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. |
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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.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 2305/28) (from Ch. 42, par. 296.8)
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Sec. 28. Annexation of contiguous territory. The board of |
trustees of any sanitary district may annex any
territory which |
is not within the corporate limits of the sanitary
district, |
provided:
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(a) The territory is contiguous to the annexing |
sanitary district; and
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(b) The territory is served by the sanitary district or |
by a
municipality with sanitary sewers that are connected |
and served by the
sanitary district.
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The annexation shall be accomplished only by ordinance and |
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the ordinance
shall include a description of the annexed |
territory. A copy of the
ordinance and a map of the annexed |
territory certified as true and accurate
by the clerk of the |
annexing sanitary district shall be filed with the
county clerk |
of the county in which the annexed territory is located.
The |
new boundary shall extend to the far side of any adjacent |
highway and
shall include all of every highway within the area |
annexed. These highways
shall be considered to be annexed even |
though not included in the legal
description set forth in the |
annexation ordinance. |
The territory to be annexed to the sanitary district shall |
be considered to be contiguous to the sanitary district |
notwithstanding that the territory to be annexed is divided by, |
or that the territory to be annexed is separated from the |
sanitary district by, one or more railroad rights-of-ways, |
public easements, or properties owned by a public utility, a |
forest preserve district, a public agency, or a not-for-profit |
corporation.
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(Source: P.A. 86-1191.)
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(70 ILCS 2305/30 new) |
Sec. 30. Claims for compensation. No claim for compensation |
shall be made or action for damages filed against a sanitary |
district formed under this Act on account of any damage to |
property occurring on or after January 1, 2012, unless notice |
in writing is filed with the secretary of the sanitary |