Bill Text: IL HB4492 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the North Shore Sanitary District Act. Changes the title of the Act from the North Shore Sanitary District Act to the North Shore Water Reclamation District Act. Provides that the board may enact ordinances regarding rates or charges for the treatment and disposal of sewage and surface or ground water. Allows the board to impose civil fines, liens, and declare a nuisance regarding unlawful discharge of waste into the sewerage system or any sewer tributary. Provides that the sanitary district may sell, dispose of, or otherwise expend recovered resources and renewable energy resources and may construct, maintain, finance, and operate facilities necessary for this purpose. Further provides that the sanitary district may capture recovered resources and produce renewable energy resources from materials previously discarded. Amends the Special Assessment Supplemental Bond and Procedures Act, the Sanitary District Act of 1917, and the Eminent Domain Act making conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0669 [HB4492 Detail]

Download: Illinois-2015-HB4492-Chaptered.html

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Public Act 099-0669
HB4492 Enrolled LRB099 15785 AWJ 40092 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 Special Assessment Supplemental Bond and
Procedures Act is amended by changing Section 10 as follows:
(50 ILCS 460/10)
Sec. 10. Definitions. As used in this Act, unless the
context or usage clearly indicates otherwise:
"Governing body" means the legislative body, council,
board, commission, trustees, or any other body by whatever name
it is known having charge of the corporate affairs of a
governmental unit.
"Governmental unit" means a county, township,
municipality, municipal corporation, unit of local government,
or a special district, by whatever name known, authorized by
any special assessment law to make local improvements by
special assessment.
"Special assessment bond" means any instrument evidencing
the obligation to pay money authorized or issued by or on
behalf of a governmental unit under a special assessment law or
under this Act, being payable from assessments made under a
special assessment law, and when applicable, as supplemented by
this Act.

"Special assessment law" means any law of the State of
Illinois authorizing governmental units to make local
improvements payable wholly or in part by special assessment,
and includes, without limitation, Division 2 of Article 9 of
the Illinois Municipal Code, Division 5-32 of Article 5 of the
Counties Code, Section 21 of the North Shore Water Reclamation
Sanitary District Act, Section 19 of the Sanitary District Act
of 1917, Sections 22a.1 through 22a.55 of the Sanitary District
Act of 1917, and Section 28 of the Sanitary District Act of
1936.
"Special assessment proceeding" means the proceeding by
any governmental unit under a special assessment law to provide
for the making of a specific local improvement by special
assessment.
"Special assessment ordinance" means an ordinance, or when
applicable a resolution, as provided for by any special
assessment law by which the governing body institutes, calls
for, or provides for the making of a local improvement to be
paid by the imposition of a special assessment pursuant to such
special assessment law.
"Supplemental Act Assessment Bonds" are those special
assessment bonds issued under Section 100 of this Act.
"Voucher" means any voucher issued under a special
assessment law for work done in connection with the making of a
local improvement.
(Source: P.A. 90-480, eff. 8-17-97.)

Section 10. The North Shore Sanitary District Act is
amended by changing Sections 0.1, 3, 4, and 11 and by adding
Sections 0.5, 7.6, 7.7, 18.5, and 31 as follows:
(70 ILCS 2305/0.1) (from Ch. 42, par. 276.99)
Sec. 0.1. This Act shall be known and may be cited as the
"North Shore Water Reclamation Sanitary District Act".
(Source: P.A. 77-699.)
(70 ILCS 2305/0.5 new)
Sec. 0.5. Sanitary district references. On and after the
date the sanitary district renames itself under Section 4 of
this Act, any references to "sanitary district" in this Act
shall mean "water reclamation district".
(70 ILCS 2305/3) (from Ch. 42, par. 279)
Sec. 3. Election of trustees; terms. The corporate
authority of the North Shore Water Reclamation 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
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 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, 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; 98-162, eff. 8-2-13.)
(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 $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. 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.)
(70 ILCS 2305/7.6 new)
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,
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 assertion of liens against real estate by the sanitary
district to secure payment of user charges, industrial waste
surcharges, 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.
(70 ILCS 2305/7.7 new)
Sec. 7.7. Discharge into sewers of the sanitary district.
(a) As used in this Section:
"Executive director" means the executive director of the
sanitary district.
"Industrial wastes" means all solids, liquids, or gaseous
wastes resulting from any commercial, industrial,
manufacturing, agricultural, trade, or business operation or
process, or from the development, recovery, or processing of
natural resources.
"Other wastes" means decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,

and all other substances except sewage and industrial wastes.
"Person" means any individual, firm, association, joint
venture, sole proprietorship, company, partnership, estate
copartnership, corporation, joint stock company, trust, school
district, unit of local government, or private corporation
organized or existing under the laws of this or any other state
or country.
"Sewage" means water-carried human wastes or a combination
of water-carried wastes from residences, buildings,
businesses, industrial establishments, institutions, or other
places together with any ground, surface, storm, or other water
that may be present.
(b) It shall be unlawful for any person to discharge
sewage, industrial waste, or other wastes into the sewerage
system of the sanitary district or into any sewer tributary
therewith, except upon the terms and conditions that the
sanitary district might reasonably impose by way of ordinance,
permit, rule, or regulation.
The sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
or as authorized by subsections (b) and (c) of Section 46 of
the Environmental Protection Act, is hereby empowered to pass
all ordinances, rules, or regulations necessary to implement
this Section, including, but not limited to, the imposition of
charges based on factors that influence the cost of treatment,
including strength and volume, and including the right of

access during reasonable hours to the premises of a person for
enforcement of adopted ordinances, rules, or regulations.
(c) Whenever the sanitary district, acting through the
executive director, determines that sewage, industrial wastes,
or other wastes are being discharged into the sewerage system
and when, in the opinion of the executive director, the
discharge is in violation of an ordinance, rules, or
regulations adopted by the board of trustees under this Section
governing industrial wastes or other wastes, the executive
director shall order the offending party to cease and desist.
The order shall be served by certified mail or personally on
the owner, officer, registered agent, or individual designated
by permit.
In the event the offending party fails or refuses to
discontinue the discharge within 90 days after notification of
the cease and desist order, the executive director may order
the offending party to show cause before the board of trustees
of the sanitary district why the discharge should not be
discontinued. A notice shall be served on the offending party
directing him, her, or it to show cause before the board of
trustees why an order should not be entered directing the
discontinuance of the discharge. The notice shall specify the
time and place where a hearing will be held and shall be served
personally or by registered or certified mail at least 10 days
before the hearing; and, in the case of a unit of local
government or a corporation, the service shall be upon an

officer or agent thereof. After reviewing the evidence, the
board of trustees may issue an order to the party responsible
for the discharge, directing that within a specified period of
time the discharge be discontinued. The board of trustees may
also order the party responsible for the discharge to pay a
civil penalty in an amount specified by the board of trustees
that is not less than $1,000 nor more than $2,000 per day for
each day of discharge of effluent in violation of this Act as
provided in subsection (d). The board of trustees may also
order the party responsible for the violation to pay court
reporter costs and hearing officer fees in an amount not
exceeding $3,000.
(d) The board of trustees shall establish procedures for
assessing civil penalties and issuing orders under subsection
(c) as follows:
(1) In making its orders and determinations, the board
of trustees shall take into consideration all the facts and
circumstances bearing on the activities involved and the
assessment of civil penalties as shown by the record
produced at the hearing.
(2) The board of trustees shall establish a panel of
one or more independent hearing officers to conduct all
hearings on the assessment of civil penalties and issuance
of orders under subsection (c). All hearing officers shall
be attorneys licensed to practice law in this State.
(3) The board of trustees shall promulgate procedural

rules governing the proceedings, the assessment of civil
penalties, and the issuance of orders.
(4) All hearings shall be on the record, and testimony
taken must be under oath and recorded stenographically.
Transcripts so recorded must be made available to any
member of the public or any party to the hearing upon
payment of the usual charges for transcripts. At the
hearing, the hearing officer may issue, in the name of the
board of trustees, notices of hearing requesting the
attendance and testimony of witnesses, the production of
evidence relevant to any matter involved in the hearing,
and may examine witnesses.
(5) The hearing officer shall conduct a full and
impartial hearing on the record, with an opportunity for
the presentation of evidence and cross-examination of the
witnesses. The hearing officer shall issue findings of
fact, conclusions of law, a recommended civil penalty, and
an order based solely on the record. The hearing officer
may also recommend, as part of the order, that the
discharge of industrial waste be discontinued within a
specified time.
(6) The findings of fact, conclusions of law,
recommended civil penalty, and order shall be transmitted
to the board of trustees along with a complete record of
the hearing.
(7) The board of trustees shall either approve or

disapprove the findings of fact, conclusions of law,
recommended civil penalty, and order. If the findings of
fact, conclusions of law, recommended civil penalty, or
order are rejected, the board of trustees shall remand the
matter to the hearing officer for further proceedings. If
the order is accepted by the board of trustees, it shall
constitute the final order of the board of trustees.
(8) The civil penalty specified by the board of
trustees shall be paid within 35 days after the party on
whom it is imposed receives a written copy of the order of
the board of trustees, unless the person or persons to whom
the order is issued seeks judicial review.
(9) If a person seeks judicial review of the order
assessing civil penalties, the person shall, within 35 days
after the date of the final order, pay the amount of the
civil penalties into an escrow account maintained by the
sanitary district for that purpose or file a bond
guaranteeing payment of the civil penalties if the civil
penalties are upheld on review.
(10) Civil penalties not paid by the times specified
above shall be delinquent and subject to a lien recorded
against the property of the person ordered to pay the
penalty. The foregoing provisions for asserting liens
against real estate by the sanitary district shall be in
addition to any other remedy or right of recovery that the
sanitary district may have with respect to the collection

or recovery of penalties and charges imposed by the
sanitary district. Judgment in a civil action brought by
the sanitary district to recover or collect the 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 the lien.
(e) The executive director may order a person to cease the
discharge of industrial waste upon a finding by the executive
director that the final order of the board of trustees entered
after a hearing to show cause has been violated. The executive
director shall serve the person with a copy of his or her order
either by certified mail or personally by serving the owner,
officer, registered agent, or individual designated by permit.
The order of the executive director shall also schedule an
expedited hearing before a hearing officer designated by the
board of trustees for the purpose of determining whether the
person has violated the final order of the board of trustees.
The board of trustees shall adopt rules of procedure governing
expedited hearings. In no event shall the hearing be conducted
less than 7 days after service of the executive director's
order.
At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with his or her findings and
recommendations and transmit it to the board of trustees. If
the board of trustees, after reviewing the findings and

recommendations, and the record produced at the hearing,
determines that the person has violated the board of trustees'
final order, the board of trustees may authorize the plugging
of the sewer. The executive director shall give not less than
10 days' written notice of the board of trustees' order to the
owner, officer, registered agent, or individual designated by
permit, as well as the owner of record of the real estate and
other parties known to be affected, that the sewer will be
plugged.
The foregoing provision for plugging a sewer shall be in
addition to any other remedy that the sanitary district may
have to prevent violation of its ordinances and orders of its
board of trustees.
(f) A violation of the final order of the board of trustees
shall be considered a nuisance. If any person discharges
sewage, industrial wastes, or other wastes into any waters
contrary to the final order of the board of trustees, the
sanitary district, acting through the executive director, has
the power to commence an action or proceeding in the circuit
court in and for the county in which the sanitary district is
located for the purpose of having the discharge stopped either
by mandamus or injunction, or to remedy the violation in any
manner provided for in this Section.
The court shall specify a time, not exceeding 20 days after
the service of the copy of the complaint, in which the party
complained of must plead to the complaint, and in the meantime,

the party may be restrained. In case of default or after
pleading, the court shall immediately inquire into the facts
and circumstances of the case and enter an appropriate judgment
in respect to the matters complained of. Appeals may be taken
as in other civil cases.
(g) The sanitary district, acting through the executive
director, has the power to commence an action or proceeding for
mandamus or injunction in the circuit court ordering a person
to cease its discharge, when, in the opinion of the executive
director, the person's discharge presents an imminent danger to
the public health, welfare, or safety; presents or may present
an endangerment to the environment; or threatens to interfere
with the operation of the sewerage system or a water
reclamation plant under the jurisdiction of the sanitary
district. The initiation of a show cause hearing is not a
prerequisite to the commencement by the sanitary district of an
action or proceeding for mandamus or injunction in the circuit
court. The court shall specify a time, not exceeding 20 days
after the service of a copy of the petition, in which the party
complained of must answer the petition, and in the meantime,
the party may 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
judgment order in respect to the matters complained of. An
appeal may be taken from the final judgment in the same manner
and with the same effect as appeals are taken from judgment of

the circuit court in other actions for mandamus or injunction.
(h) Whenever the sanitary district commences an action
under subsection (f) of this Section, the court shall assess a
civil penalty of not less than $1,000 nor more than $10,000 for
each day the person violates the board of trustees' order.
Whenever the sanitary district commences an action under
subsection (g) of this Section, the court shall assess a civil
penalty of not less than $1,000 nor more than $10,000 for each
day the person violates the ordinance. Each day's continuance
of the violation is a separate offense. The penalties provided
in this Section plus interest at the rate set forth in the
Interest Act on unpaid penalties, costs, and fees, imposed by
the board of trustees under subsection (d); the reasonable
costs to the sanitary district of removal or other remedial
action caused by discharges in violation of this Act;
reasonable attorney's fees; court costs; other expenses of
litigation; and costs for inspection, sampling, analysis, and
administration related to the enforcement action against the
offending party are recoverable by the sanitary district in a
civil action.
(i) The board of trustees may establish fees for late
filing of reports with the sanitary district required by an
ordinance governing discharges. The sanitary district shall
provide by certified mail a written notice of the fee
assessment that states the person has 30 days after the receipt
of the notice to request a conference with the executive

director's designee to discuss or dispute the appropriateness
of the assessed fee. Unless a person objects to paying the fee
for filing a report late by timely requesting in writing a
conference with a designee of the executive director, that
person waives his or her right to a conference and the sanitary
district may impose a lien recorded against the property of the
person for the amount of the unpaid fee.
If a person requests a conference and the matter is not
resolved at the conference, the person subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
person's liability for and the amount of the fee. If the
hearing officer finds that the late filing fees are owed to the
sanitary district, the sanitary district shall notify the
responsible person or persons of the hearing officer's
decision. If payment is not made within 30 days after the
notice, the sanitary district may impose a lien on the property
of the person or persons.
Any liens filed under this subsection shall apply only to
the property to which the late filing fees are related. A claim
for lien shall be filed in the office of the recorder of the
county in which the property is located. The filing of a claim
for lien by the sanitary district does not prevent the sanitary
district from pursuing other means for collecting late filing
fees. If a claim for lien is filed, the sanitary district shall
notify the person whose property is subject to the lien, and

the person may challenge the lien by filing an action in the
circuit court. The action shall be filed within 90 days after
the person receives the notice of the filing of the claim for
lien. The court shall hear evidence concerning the underlying
reasons for the lien only if an administrative hearing has not
been held under this subsection.
(j) To be effective service under this Section, a demand or
order sent by certified or registered mail to the last known
address need not be received by the offending party. Service of
the demand or order by registered or certified mail shall be
deemed effective upon deposit in the United States mail with
proper postage prepaid and addressed as provided in this
Section.
(k) The provisions of the Administrative Review Law and all
amendments and rules adopted pursuant to that Law apply to and
govern all proceedings for the judicial review of final
administrative decisions of the board of trustees in the
enforcement of any ordinance, rule, or regulation adopted under
this Act. The cost of preparing the record on appeal shall be
paid by the person seeking a review of an order or action
pursuant to the Administrative Review Law.
(l) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(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
$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
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. 98-162, eff. 8-2-13.)
(70 ILCS 2305/18.5 new)
Sec. 18.5. Contracts. The sanitary district may enter into
contracts with municipalities or other parties outside the
sanitary district that may request service from the sanitary
district at higher rates than the existing rates for like
consumers within the sanitary district to allow the sanitary
district to obtain a fair return to cover the costs of
financing, constructing, operating, and maintaining its
facilities. In the event that thereafter such rates are not
agreed upon by the parties or are not otherwise provided for by
contract, such rates shall be fixed and determined by the
circuit court of Lake County after a petition has been filed
with that court.
(70 ILCS 2305/31 new)
Sec. 31. Resource recovery.
(a) As used in this Section:
"Recovered resources" means any material produced by or
extracted from the operation of sanitary district facilities,
including, but not limited to:
(1) solids, including solids from the digestion

process, semi-solids, or liquid materials;
(2) gases, including biogas, carbon dioxide, and
methane;
(3) nutrients;
(4) algae;
(5) treated effluent; and
(6) thermal energy or hydropower.
"Renewable energy facility" shall have the same meaning as
a facility defined under Section 5 of the Renewable Energy
Production District Act.
"Renewable energy resources" means resources as defined
under Section 1-10 of the Illinois Power Agency Act.
"Resource recovery" means the recovery of material or
energy from waste as defined under Section 3.435 of the
Environmental Protection Act.
(b) The General Assembly finds that:
(1) technological advancements in wastewater treatment
have resulted in the ability to capture recovered resources
and produce renewable energy resources from material
previously discarded;
(2) the capture and beneficial reuse of recovered
resources and the production of renewable energy resources
serve a wide variety of environmental benefits including,
but not limited to, improved water quality, reduction of
greenhouse gases, reduction of carbon footprint, reduction
of landfill usage, reduced usage of hydrocarbon-based

fuels, return of nutrients to the food cycle, and reduced
water consumption;
(3) the sanitary district is a leader in the field of
wastewater treatment and possesses the expertise and
experience necessary to capture and beneficially reuse or
prepare for beneficial reuse recovered resources,
including renewable energy resources; and
(4) the sanitary district has the opportunity and
ability to change the approach to wastewater treatment from
that of a waste material to be disposed of to one of a
collection of resources to be recovered, reused, and sold,
with the opportunity to provide the sanitary district with
additional sources of revenue and reduce operating costs.
(c) The sanitary district may sell or otherwise dispose of
recovered resources or renewable energy resources resulting
from the operation of sanitary district facilities, and may
construct, maintain, finance, and operate such activities,
facilities, and other works as are necessary for that purpose.
(d) The sanitary district may take in materials which are
used in the generation of usable products from recovered
resources, or which increase the production of renewable energy
resources, including, but not limited to, food waste, organic
fraction of solid waste, commercial or industrial organic
wastes, fats, oils, greases, and vegetable debris.
(e) The authorizations granted to the sanitary district
under this Section shall not be construed as modifying or

limiting any other law or regulation. Any actions taken
pursuant to the authorities granted in this Section must be in
compliance with all applicable laws and regulations,
including, but not limited to, the Environmental Protection
Act, and rules adopted under that Act.
Section 15. The Sanitary District Act of 1917 is amended by
changing Section 17.1 as follows:
(70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)
Sec. 17.1. Acquiring district or municipal treatment
works.
(a) After incorporation, any district organized under this
Act may, in accordance with this Act and an intergovernmental
agreement with the sanitary district being acquired or the
municipality from whom the treatment works and lines are to be
acquired, acquire the territory, treatment works, lines,
appurtenances, and other property of (i) any sanitary district
organized under this Act, the Sanitary District Act of 1907,
the North Shore Water Reclamation Sanitary District Act, the
Sanitary District Act of 1936, or the Metro-East Sanitary
District Act of 1974 or (ii) any municipality whose treatment
works were established under the Illinois Municipal Code or the
Municipal Wastewater Disposal Zones Act, regardless of whether
that district or municipality is contiguous to the acquiring
sanitary district. The distance between the sanitary district

being acquired or municipality and the acquiring sanitary
district, however, as measured between the points on their
corporate boundaries that are nearest to each other, shall not
exceed 20 miles. In the case of a municipality, only that
property used by the municipality for transport, treatment, and
discharge of wastewater and for disposal of sewage sludge shall
be transferred to the acquiring sanitary district.
(b) The board of trustees of the sanitary district being
acquired, or the corporate authorities of a municipality whose
treatment works is being acquired, shall, jointly with the
board of trustees of the acquiring sanitary district, petition
the circuit court of the county containing all or the larger
portion of the sanitary district being acquired or the
municipality to permit the acquisition. The petition shall show
the following:
(1) The reason for the acquisition.
(2) That there are no debts of the sanitary district
being acquired or municipality outstanding, or that there
are sufficient funds on hand or available to satisfy those
debts.
(3) That no contract or federal or State permit or
grant will be impaired by the acquisition.
(4) That all assets and responsibilities of the
sanitary district being acquired or municipality, as they
relate to wastewater treatment, have been properly
assigned to the acquiring sanitary district.

(5) That the acquiring sanitary district will pay any
court costs incurred in connection with the petition.
(6) The boundaries of the acquired sanitary district or
municipality as of the date of the petition.
(c) Upon adequate notice, including appropriate notice to
the Illinois Environmental Protection Agency, the circuit
court shall hold a hearing to determine whether there is good
cause for the acquisition by the acquiring district and whether
the allegations of the petition are true. If the court finds
that there is good cause and that the allegations are true, it
shall order the acquisition to proceed. If the court finds that
there is not good cause for the acquisition or that the
allegations of the petition are not true, the court shall
dismiss the petition. In either event, the costs shall be taxed
against the acquiring sanitary district. The order shall be
final. Separate or joint appeals may be taken by any party
affected by the order as in other civil cases.
(d) If the court orders the acquisition contemplated in the
petition, there shall be no further appointments of trustees if
the acquired agency is a sanitary district. The trustees of the
acquired sanitary district acting at the time of the order
shall close up the business affairs of the sanitary district
and make the necessary conveyances of title to the sanitary
district property in accordance with the intergovernmental
agreement between the acquiring and acquired sanitary
districts. In the case of a municipality, the governing body of

the municipality shall make the necessary conveyances of title
to municipal property to the acquiring sanitary district in
accordance with the intergovernmental agreement between the
municipality and the acquiring sanitary district. The
acquiring sanitary district's ordinances take effect in the
acquired territory upon entry of the order.
(e) The acquisition of any sanitary district by another
sanitary district or the acquisition of a treatment works from
a municipality by another sanitary district shall not affect
the obligation of any bonds issued or contracts entered into by
the acquired sanitary district or the municipality, nor
invalidate the levy, extension, or collection of any taxes or
special assessments upon a property in the acquired sanitary
district, but all those bonds and contracts shall be
discharged. The general obligation indebtedness of the
acquired sanitary district shall be paid from the proceeds of
continuing taxes and special assessments as provided in this
Act.
All money remaining after the business affairs of the
acquired sanitary district or acquired treatment works of the
municipality have been closed up and all debts and obligations
of the entities paid shall be paid to the acquiring sanitary
district in accordance with the intergovernmental agreement
between the parties.
(f) The board of trustees of the acquiring sanitary
district required to provide sewer service under this Act may

levy and collect, for that purpose, a tax on the taxable
property within that district. The aggregate amount of the tax
shall be as provided in this Act.
(g) Any intergovernmental agreement entered into by the
parties under this Section shall provide for the imposition or
continuance of a user charge system in accordance with the
acquiring district's ordinance, the Illinois Environmental
Protection Act, and the federal Clean Water Act.
(h) All courts shall take judicial notice of the
acquisition of the sanitary district being acquired or
municipal treatment works by the acquiring sanitary district.
(Source: P.A. 87-1060.)
Section 20. The Eminent Domain Act is amended by changing
Section 15-5-15 as follows:
(735 ILCS 30/15-5-15)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include express
grants of the power to acquire property by condemnation or
eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.

(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.

(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic

roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire protection
districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and

cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 935/20); Roseland Community Medical District Act;
medical district; for general purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and certain
access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
Act; park districts; for parks, boulevards, driveways,
parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.

(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
Alexander-Cairo Port District; for general purposes.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port

District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for reduction of the height
of objects or structures.
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.

Carmel Regional Port District; for general purposes.
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
District; for general purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1855/4); Southwest Regional Port District Act;
Southwest Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1855/5); Southwest Regional Port District Act;
Southwest Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
Regional Port District; for removal of airport hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
Regional Port District; for the development of facilities.

(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1870/8); White County Port District Act; White County
Port District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
Act; Grand Avenue Railroad Relocation Authority; for
general purposes, including quick-take power (now
obsolete).
(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act;
Elmwood Park Grade Separation Authority; for general
purposes.
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Water Reclamation Sanitary
District Act; North Shore Water Reclamation Sanitary
District; for corporate purposes.
(70 ILCS 2305/15); North Shore Water Reclamation Sanitary
District Act; North Shore Water Reclamation Sanitary
District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.

(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for corporate purposes.

(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
water districts; for waterworks.
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water

districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities; for
facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12;
incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.