Illinois General Assembly - Full Text of Public Act 101-0575
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Public Act 101-0575


Public Act 0575 101ST GENERAL ASSEMBLY



Public Act 101-0575
SB2136 EnrolledLRB101 11153 AWJ 56385 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 Water Reclamation District Act
is amended by changing Sections 4, 7.6, 11, and 16 and by
adding Section 7.8 as follows:
    (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, and attorney, and
may provide by ordinance for the employment of 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 $18,000 $14,000 per year, and each other member of
the board shall not receive more than $15,000 $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. Any such name change shall not
impair the legal status of any act by the sanitary district. If
an ordinance is passed pursuant to this paragraph, all
provisions of this Act shall apply to the newly renamed
district. No rights, duties, or privilege of such sanitary
district or of any person existing before the change of name
shall be affected by the change in the name of the sanitary
district. All proceedings pending in any court relating to such
sanitary district may continue to final consummation under the
name in which they were commenced.
(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
    (70 ILCS 2305/7.6)
    Sec. 7.6. Rates for treatment and disposal of sewage and
surface or ground water. The board of trustees shall have the
authority by ordinance to establish, revise, and maintain rates
or charges for the treatment and disposal of sewage and surface
or ground water. Any user charge, industrial waste surcharge,
connection fee or connection-related fee, or industrial cost
recovery charge imposed by the sanitary district, together with
all penalties, interest, and costs imposed in connection
therewith, shall be liens against the real estate which
receives the service or benefit for which the charges are being
imposed; 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 and
provided further, that 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 real estate is located of
notice of the lien, which notice shall consist of a sworn
statement setting out (1) a description of the real estate for
which the service or the benefit was rendered sufficient to
identify the real estate, (2) the amount or amounts of money
due for such service or benefit, and (3) the date or dates when
such amount or amounts became delinquent. The sanitary district
shall have the power to foreclose such lien in the same manner
and with the same effect as in the foreclosure of mortgages on
real estate. The payment of connection fees or
connection-related fees by the user or any other interested
party is a condition for the continued connection of the real
property or any structure thereon. The sanitary district shall
have the authority to terminate all connections and service to
any real property or structure thereon if any connection fee or
connection-related fee is not paid within 60 days from the date
such payment is due by the user or any other party that has an
interest or subsequently acquires an interest in the property.
    The assertion of liens against real estate by the sanitary
district to secure payment of user charges, industrial waste
surcharges, connection fee or connection-related fee, or
industrial cost recovery charges imposed by the sanitary
district as indicated in the previous paragraph shall be in
addition to any other remedy or right of recovery which the
sanitary district may have with respect to the collection or
recovery of such charges imposed by the sanitary district.
Judgment in a civil action brought by the sanitary district to
recover or collect such charges shall not operate as a release
and 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 or 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 the lien upon real estate created by
and imposed for general real estate taxes.
(Source: P.A. 99-669, eff. 7-29-16.)
    (70 ILCS 2305/7.8 new)
    Sec. 7.8. Nutrient trading.
    (a) The sanitary district may participate in any available
nutrient trading program in the State for meeting water quality
    (b) The authorization granted to the sanitary district
under this Section shall not be construed as modifying or
limiting any other law or rule. Any actions taken pursuant to
this Section must be in compliance with all applicable laws and
rules, including, but not limited to, the Environmental
Protection Act and rules adopted under that Act.
    (c) If the sanitary district participates in a nutrient
trading program under subsection (a), the sanitary district
shall give preference to trading investments: (i) that will
benefit low-income or rural communities; and (ii) where local
water quality improvements can be realized.
    (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, 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 be less than $40,000, nor more than $500,000
$350,000. 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
    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. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019