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Public Act 097-1000
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| HB5319 Enrolled | LRB097 16313 KMW 61467 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 Sanitary District Act of 1917 is amended by |
changing Section 7 as follows:
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(70 ILCS 2405/7) (from Ch. 42, par. 306)
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Sec. 7.
The board of trustees of any sanitary district |
organized under this
Act shall have power to provide for the |
disposal of the sewage thereof
including the sewage and |
drainage of any incorporated city, town or village
within the |
boundaries of such district and to save and preserve the water
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supplied to the inhabitants of such district from contamination |
and for
that purpose may construct and maintain an enclosed |
conduit or conduits,
main pipe or 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, or |
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 |
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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 may also treat and
purify |
such sewage so that when the same shall flow into any lake or |
other
water-course, it will not injuriously contaminate the |
waters thereof, and
may adopt any other 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; provided, however, that nothing herein |
contained shall
be construed to empower or authorize such board |
of trustees to operate a
system of waterworks for the purposes |
of furnishing or delivering water to
any such municipality or |
to the inhabitants thereof. 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
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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 shall authorize the |
trustees to flow the sewage of such district
into Lake |
Michigan.
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Every such sanitary district shall proceed as rapidly as is |
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reasonably
possible to provide sewers and a plant or plants for |
the treatment and
purification of its sewage, which plant or |
plants shall be of suitable kind
and sufficient capacity to |
properly treat and purify such sewage so as to
conduce to the |
preservation of the public health, comfort and convenience
and |
to render the sewage harmless, insofar as is reasonably |
possible, to
animal, fish and plant life. Any violation of this |
proviso and any failure
to observe and follow same, by any |
sanitary district organized under this
Act, shall be held, and |
is hereby declared, to be a business offense and
fined on the |
part of the sanitary district not less than $1,000 nor more
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than $10,000, and the trustees thereof may be ousted from |
office as
trustees of the district by an order of the court |
before whom the cause is
heard. Upon the complaint of the |
Environmental Protection Agency it shall
be the duty of the |
Pollution Control Board to cause the foregoing
provisions to be |
enforced in accordance with Section 31 of the
"Environmental |
Protection Act". Nothing in this Act contained shall be
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construed as superseding or in any manner limiting the |
provisions of the
"Environmental Protection Act".
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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 |
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Control Board. The agreement may not exceed 20 years. |
In providing works for the disposal of industrial sewage, |
commonly
called industrial wastes, in the manner above provided |
whether the
industrial sewage is disposed of in combination |
with municipal sewage or
independently, the Sanitary District |
shall have power to apportion and
collect therefor, from the |
producer thereof, fair additional construction,
maintenance |
and operating costs over and above those covered by normal
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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 a board of three 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 two engineers selected
as above |
described. In the event the two engineers so selected shall |
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 board shall be |
binding on both parties and the cost of
the services of the |
board shall be shared by both parties equally.
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In providing works, including the main pipes referred to |
above, for the
disposal of raw sewage, in the manner above |
provided, whether such sewage
is disposed of in combination |
with municipal sewage or independently, the
Sanitary District |
shall have power to collect a fair and reasonable charge
for |
connection to its system in addition to those charges covered |
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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,
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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.
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(Source: P.A. 85-1209.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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