NORTH SHORE WATER CONNECTIONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2902

Introduced 1/27/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

See Index

Amends the North Shore Water Reclamation District Act. Provides that
the president of the board of trustees of a sanitary district created under
the Act shall not receive more than $21,750 (rather than $18,000) per year,
and each other member of the board of trustees of a sanitary district
created under the Act shall not receive more than $18,750 (rather than
$15,000) per year. Provides that an ordinance adopted by the board of
trustees may provide for a fine for each offense of not less than $100 or
more than $10,000 or the amount provided in the Environmental Protection
Act for the offense, whichever is greater (rather than a fine for each
offense of not less than $100 or more than $1,000). Provides that the board
of trustees of a sanitary district may order a party responsible for
discharging effluent, gaseous wastes, sewage, industrial wastes, or other
wastes into a sewerage system in violation of an ordinance, rule, or
regulation adopted by the board of trustees to pay court reporter costs and
hearing officer fees in an amount not to exceed the actual costs of the
reporter costs and hearing officer fees (rather than an amount not to
exceed $3,000). Provides that a private or governmental entity may not
connect or remain connected to a sanitary district sewer system unless
written authorization to connect has been obtained from the sanitary
district. Provides that, at the time or before incurring any indebtedness,
the board of trustees of a sanitary district shall provide for the
collection of revenue (rather than a direct annual tax) sufficient to pay
the interest on such debt as it falls due, and also to pay and discharge
the principal thereof as the same shall fall due, and at least within 40
(rather than 20) years from the time of contracting the same. Provides that
the owner of territory eligible to annexed into a sanitary district may
petition the board of trustees of the sanitary district to annex the
territory. In provisions concerning the procedures for assessing civil
penalties, provides that electronically recorded testimony may be
transcribed into written form if there is an appeal of any decision after a
hearing. Makes other changes.
LRB104 18455 RTM 31897 b

A BILL FOR

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LRB104 18455 RTM 31897 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The North Shore Water Reclamation District Act
5
is amended by changing Sections 4, 7, 7.01, 7.1, 7.2, 7.7, 10,
6
28, 28a, and 28b and by adding Section 0.3 as follows:

7

(70 ILCS 2305/0.3 new)
8

Sec. 0.3.
Definitions.
As used in this Act, "user"
9
includes any person, private entity, or governmental entity
10
that is or has connected to any sewer owned, operated, or
11
maintained by a sanitary district organized under this Act or
12
that discharges into any sewer or system of sewers tributary
13
to any sewer or treatment works of a sanitary district
14
organized under this Act.

15

(70 ILCS 2305/4)

(from Ch. 42, par. 280)
16

Sec. 4.
Board of trustees; powers; compensation.
The
17
trustees shall constitute a board of trustees for the
18
district. The board of trustees is the corporate authority of
19
the district, and shall exercise all the powers and manage and
20
control all the affairs and property of the district. The
21
board shall elect a president and vice-president from among
22
their own number. In case of the death, resignation, absence

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1
from the state, or other disability of the president, the
2
powers, duties and emoluments of the office of the president
3
shall devolve upon the vice-president, until the disability is
4
removed or until a successor to the president is appointed and
5
chosen in the manner provided in this Act. The board may select
6
a secretary, treasurer, executive director, and attorney, and
7
may provide by ordinance for the employment of other employees
8
as the board may deem necessary for the municipality. The
9
board may appoint such other officers and hire such employees
10
to manage and control the operations of the district as it
11
deems necessary; provided, however, that the board shall not
12
employ an individual as a wastewater operator whose
13
Certificate of Technical Competency is suspended or revoked
14
under rules adopted by the Pollution Control Board under item
15
(4) of subsection (a) of Section 13 of the Environmental
16
Protection Act. All employees selected by the board shall hold
17
their respective offices during the pleasure of the board, and
18
give such bond as may be required by the board. The board may
19
prescribe the duties and fix the compensation of all the
20
officers and employees of the sanitary district. However, the
21
president of the board shall not receive more than
$21,750

22
$18,000
per year, and each other member of the board shall not
23
receive more than
$18,750

$15,000
per year. The board of
24
trustees has full power to pass all necessary ordinances,
25
rules
,
and regulations for the proper management and conduct
26
of the business of the board and of the corporation, and for

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1
carrying into effect the objects for which the sanitary
2
district was formed. The ordinances may provide for a fine for
3
each offense of not less than $100 or more than
$10,000 or the
4
amount provided in the Environmental Protection Act for the
5
offense, whichever is greater

$1,000
. Each day's continuance
6
of a violation shall be a separate offense. Fines under this
7
Section are recoverable by the sanitary district in a civil
8
action. The sanitary district is authorized to apply to the
9
circuit court for injunctive relief or mandamus when, in the
10
opinion of the chief administrative officer, the relief is
11
necessary to protect the sewerage system of the sanitary
12
district.
13

The board of trustees shall have the authority to change
14
the name of the District, by ordinance, to the North Shore
15
Water Reclamation District. Any such name change shall not
16
impair the legal status of any act by the sanitary district. If
17
an ordinance is passed pursuant to this paragraph, all
18
provisions of this Act shall apply to the newly renamed
19
district. No rights, duties, or privilege of such sanitary
20
district or of any person existing before the change of name
21
shall be affected by the change in the name of the sanitary
22
district. All proceedings pending in any court relating to
23
such sanitary district may continue to final consummation
24
under the name in which they were commenced.
25
(Source: P.A. 101-575, eff. 8-23-19.)

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1

(70 ILCS 2305/7)

(from Ch. 42, par. 283)
2

Sec. 7.
Powers of the board of trustees.
The board of
3
trustees of any sanitary district organized under this Act may
4
provide for the treatment of the sewage thereof and save and
5
preserve the water supplied to the inhabitants of such
6
district from contamination. For that purpose the board may
7
construct and maintain an enclosed conduit or conduits, main
8
pipes, wholly or partially submerged, buried or otherwise, and
9
by means of pumps or otherwise cause such sewage to flow or to
10
be forced through such conduit or conduits, pipe or pipes to
11
and into any ditch or canal constructed and operated by any
12
other sanitary district, after having first acquired the right
13
so to do. Such board may provide for the drainage of such
14
district by laying out, establishing, constructing and
15
maintaining one or more channels, drains, ditches and outlets
16
for carrying off and disposing of the drainage (including the
17
sewage) of such district, together with such adjuncts and
18
additions thereto as may be necessary or proper to cause such
19
channels or outlets to accomplish the end for which they are
20
designed, in a satisfactory manner, including pumps and
21
pumping stations and the operation of the same. Such board
22
shall provide suitable and modernly equipped sewage treatment
23
works or plants for the separation and treatment of all solids
24
and deleterious matter from the liquids, and shall treat and
25
purify the residue of such sewage so that when it flows into
26
any lake, it will not injuriously contaminate the waters

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thereof. The board shall adopt any feasible method to
2
accomplish the object for which such sanitary district may be
3
created, and may also provide means whereby the sanitary
4
district may reach and procure supplies of water for diluting
5
and flushing purposes. The board of trustees of any sanitary
6
district formed under this Act may also enter into an
7
agreement to sell, convey, or disburse treated wastewater to
8
any public or private entity located within or outside of the
9
boundaries of the sanitary district. Any use of treated
10
wastewater by any public or private entity shall be subject to
11
the orders of the Pollution Control Board. The agreement may
12
not exceed 20 years.
13

Nothing set forth in this Section may be construed to
14
empower, authorize or require such board of trustees to
15
operate a system of water works for the purpose of furnishing
16
or delivering water to any such municipality or to the
17
inhabitants thereof without payment therefor at such rates as
18
the board may determine. Nothing in this Act shall require a
19
sanitary district to extend service to any individual
20
residence or other building within the district, and it is the
21
intent of the Illinois General Assembly that any construction
22
contemplated by this Section shall be restricted to
23
construction of works and main or interceptor sewers,
24
conduits, channels and similar facilities, but not individual
25
service lines. Nothing in this Act contained authorizes the
26
trustees to flow the sewage of such district into Lake

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Michigan. Any such plan for sewage disposal by any sanitary
2
district organized hereunder is prohibited, unless such sewage
3
has been treated and purified as provided in this Section, all
4
laws of the Federal government relating to the pollution of
5
navigable waters have been complied with, the approval of
6
plans and constructions of outlets and connection with any of
7
the streams or navigable bodies of water within or bordering
8
upon the State has been obtained from the Department of
9
Natural Resources of the State. The discharge of any sewage
10
from any such district into any of the streams or navigable
11
bodies of water within or bordering upon the State is subject
12
to the orders of the Pollution Control Board. Nothing in this
13
Act contained may be construed as superseding or in any manner
14
limiting the provisions of the Environmental Protection Act.
15

After the construction of such sewage disposal plant, if
16
the board finds that it will promote the prevention of
17
pollution of waters of the State, such board of trustees may
18
adopt ordinances or rules and regulations, prohibiting or
19
regulating the discharge to sewers of inadmissible wastes or
20
substances toxic to biological wastewater treatment processes.
21
Inadmissible wastes include those which create a fire or
22
explosion hazard in the sewer or treatment works; those which
23
will impair the hydraulic capacity of sewer systems; and those
24
which in any quantity, create a hazard to people, sewer
25
systems, treatment processes, or receiving waters. Substances
26
that may be toxic to wastewater treatment processes include
,

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but are not limited to,
copper, chromium, lead, zinc, arsenic,
2
nickel, barium, cadmium, mercury, selenium, silver, and any
3
poisonous compounds such as cyanide or radioactive wastes
4
which pass through wastewater treatment plants in hazardous
5
concentrations and menace users of the receiving waters. Such
6
ordinances or rules and regulations shall be effective
7
throughout the sanitary district, in the incorporated areas as
8
well as the unincorporated areas and all public sewers
9
therein.
10
(Source: P.A. 100-31, eff. 8-4-17.)

11

(70 ILCS 2305/7.01)

(from Ch. 42, par. 283.01)
12

Sec. 7.01.
In addition to the powers and authority now
13
possessed by it, the board of trustees of any sanitary
14
district organized under this Act shall have the power by
15
majority vote:
16

(a) To use the general funds of the sanitary district to
17
defend, indemnify and hold harmless, in whole or in part, the
18
board of trustees, members of the board of trustees, officials
19
and employees of the sanitary district from financial loss and
20
expenses, including court costs, investigation costs,
21
actuarial studies, attorneys' fees and actual and punitive
22
damages, arising out of any civil proceedings (including but
23
not limited to proceedings alleging antitrust violations or
24
the deprivation of civil or constitutional rights), claims,
25
demands or judgments instituted, made or entered against such

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board, trustee, official or employee by reason of its or his
2
wrongful or negligent statements, acts or omissions, provided
3
that such statements, acts or omissions: (i) occur while the
4
board, trustee, official or employee is acting in the
5
discharge of its or his duties and within the scope of
6
employment; and (ii) do not constitute
willful

wilful
and
7
wanton misconduct.
8

(b) (i) To obtain and provide for any or all of the matters
9
and purposes described in paragraph (a) public officials'
10
liability, comprehensive general liability and such other
11
forms of insurance coverage as the board of trustees shall
12
determine necessary or advisable, any insurance so obtained
13
and provided to be carried in a company or companies licensed
14
to write such coverage in this State, and (ii) to establish and
15
provide for any or all of the matters and purposes described in
16
paragraph (a) a program of self-insurance and, in furtherance
17
thereof, to establish and accumulate reserves for the payment
18
of financial loss and expenses, including court costs,
19
investigation costs, actuarial studies, attorneys' fees and
20
actual and punitive damages associated with liabilities
21
arising out of civil proceedings, claims, demands or judgments
22
instituted, made or entered as set forth in paragraph (a), and
23
(iii) in connection with providing for any or all of the
24
matters and purposes described in paragraph (a) and when
25
permitted by law to enter into an agreement with any special
26
district, unit of government, person or corporation for the

SB2902
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1
use of property or the performance of any function, service or
2
act, to agree to the sharing or allocation of liabilities and
3
damages resulting from such use of property or performance of
4
function, service or act, in which event such agreement may
5
provide for contribution or indemnification by any or all of
6
the parties to the agreement upon any liability arising out of
7
the performance of the agreement.
8

If the board of trustees of any sanitary district
9
organized under this Act undertakes to provide insurance or to
10
establish a program of self-insurance and to establish and
11
accumulate reserves for any or all of the matters and purposes
12
described in paragraph (a), such reserves shall be established
13
and accumulated for such matters and purposes subject to the
14
following conditions:
15

(1) The amount of such reserves shall not exceed the
16
amount necessary and proper, based on past experience or
17
independent actuarial determinations;
18

(2) All earnings derived from such reserves shall be
19
considered part of the reserves and may be used only for the
20
same matters and purposes for which the reserves may be used;
21

(3) Reserves may be used only: for the purposes of making
22
payments for financial loss and expenses, including actual and
23
punitive damages, attorneys' fees, court costs, investigation
24
costs and actuarial studies associated with liabilities
25
arising out of civil proceedings, claims, demands or judgments
26
instituted, made or entered as set forth in paragraph (a) in

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1
connection with the statements, acts or omissions of the board
2
or of a trustee, official or employee of the board or the
3
district which statements, acts or omissions occur while the
4
board, trustee, official or employee is acting in the
5
discharge of its or his duties and within the scope of
6
employment and which statements, acts or omissions do not
7
constitute
willful

wilful
and wanton misconduct; for payment
8
of insurance premiums; and for the purposes of making payments
9
for losses resulting from any insured peril;
10

(4) All funds collected for the matters and purposes
11
specified in subparagraph (3) above or earmarked for such
12
matters and purposes must be placed in the reserves; and
13

(5) Whenever the reserves have a balance in excess of what
14
is necessary and proper, then contributions, charges,
15
assessments or other forms of funding for the reserves shall
16
be appropriately decreased.
17
(Source: P.A. 85-782.)

18

(70 ILCS 2305/7.1)

(from Ch. 42, par. 283.1)
19

Sec. 7.1.
In providing works for the treatment of
20
industrial sewage, commonly called industrial wastes, whether
21
the industrial sewage is disposed of in combination with
22
municipal sewage or independently, the sanitary district has
23
power to apportion and collect therefore, from the producer
24
thereof, fair additional construction, maintenance and
25
operating costs over and above those covered by normal taxes
,

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and in case of dispute as to the fairness of such additional
2
construction, maintenance and operating costs, then the same
3
shall be determined by an arbitration board of 3 engineers,
4
one appointed by the sanitary district, one appointed by such
5
producer or producers or their legal representatives, and the
6
third to be appointed by the 2 engineers selected as above
7
described. In the event the 2 engineers so selected fail to
8
agree upon a third engineer then upon the petition of either of
9
the parties the circuit judge shall appoint such third
10
engineer. A decision of a majority of the arbitration board
11
shall be binding on both parties and the cost of the services
12
of the arbitration board shall be shared by both parties
13
equally. Such decision is an administrative decision and is
14
subject to judicial review as provided in the Administrative
15
Review Law
.
16

In providing works, including the main pipes referred to
17
in Section 7, for the treatment of raw sewage, in the manner
18
provided in this Act, whether such sewage is treated in
19
combination with municipal sewage or independently, the
20
sanitary district has power to collect a fair and reasonable
21
charge for connection to its system in addition to those
22
charges covered by normal taxes, for the construction,
23
expansion and extension of the works of the system, the charge
24
to be assessed against new or additional users of the system
25
and to be known as a connection charge. Such construction,
26
expansion and extension of the works of the system shall

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1
include proposed or existing collector systems and may, at the
2
discretion of such district, include connections by individual
3
properties. The charge for connection shall be determined by
4
the district and may equal or exceed the actual cost to the
5
district of the construction, expansion or extension of the
6
works of the system required by the connection. The funds thus
7
collected shall be used by the sanitary district for its
8
general corporate purposes with primary application thereof
9
being made by the necessary expansion of the works of the
10
system to meet the requirements of the new users thereof.
11
(Source: P.A. 98-162, eff. 8-2-13.)

12

(70 ILCS 2305/7.2)

(from Ch. 42, par. 283.2)
13

Sec. 7.2.
If

Where
any sewer system under the jurisdiction
14
of
any private or governmental entity of any type

a city,
15
village or incorporated town
is tributary to a sanitary
16
district sewer system
,
and
if
the board of trustees of such
17
sanitary district finds that it will conduce to the public
18
health, comfort
,
or convenience,
then
the board shall have the
19
power and authority to regulate, limit, extend, deny
,
or
20
otherwise control any connection to such sewer tributary to
21
the sanitary district sewer system by any person
or private or
22
governmental entity of any type, including, but not limited
23
to, any

or
municipal corporation
,
regardless of whether the
24
sewer into which the connection is made is directly under the
25
jurisdiction of the district or not.
A private or governmental

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1
entity may not connect or remain connected to a sanitary
2
district sewer system unless written authorization to connect
3
has been obtained from the sanitary district.

4
(Source: Laws 1963, p. 2893.)

5

(70 ILCS 2305/7.7)
6

Sec. 7.7.
Discharge into sewers of the sanitary district.
7

(a) As used in this Section:
8

"Executive director" means the executive director of the
9
sanitary district.
10

"Industrial wastes" means all solids, liquids, or gaseous
11
wastes resulting from any commercial, industrial,
12
manufacturing, agricultural, trade, or business operation or
13
process, or from the development, recovery, or processing of
14
natural resources.
15

"Other wastes" means decayed wood, sawdust, shavings,
16
bark, lime, refuse, ashes, garbage, offal, oil, tar,
17
chemicals, and all other substances except sewage and
18
industrial wastes.
19

"Person" means any individual,
user,
firm, association,
20
joint venture, sole proprietorship, company, partnership,
21
estate copartnership, corporation, joint stock company, trust,
22
school district, unit of local government, or private
23
corporation organized or existing under the laws of this or
24
any other state or country.
25

"Sewage" means water-carried human wastes or a combination

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1
of water-carried wastes from residences, buildings,
2
businesses, industrial establishments, institutions, or other
3
places together with any ground, surface, storm, or other
4
water that may be present.
5

(b) It shall be unlawful for any person to discharge
6
effluent, gaseous wastes, sewage, industrial wastes, or other
7
wastes into the sewerage system of the sanitary district or
8
into any sewer tributary therewith, except upon the terms and
9
conditions that the sanitary district might reasonably impose
10
by way of ordinance, permit, rule, or regulation.
11

The sanitary district, in addition to all other powers
12
vested in it and in the interest of public health and safety,
13
or as authorized by subsections (b) and (c) of Section 46 of
14
the Environmental Protection Act, is hereby empowered to pass
15
all ordinances, rules, or regulations necessary to implement
16
this Section, including, but not limited to, the imposition of
17
charges based on factors that influence the cost of treatment,
18
including strength and volume, and including the right of
19
access during reasonable hours to the premises of a person for
20
enforcement of adopted ordinances, rules, or regulations.
21

(c) Whenever the sanitary district, acting through the
22
executive director, determines that effluent, gaseous wastes,
23
sewage, industrial wastes, or other wastes are being
24
discharged into the sewerage system and when, in the opinion
25
of the executive director, the discharge is in violation of an
26
ordinance, rules, or regulations adopted by the board of

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1
trustees under this Section governing the discharge, the
2
executive director shall order the offending party to cease
3
and desist. The order shall be served by certified mail or
4
personally on the owner, officer, registered agent, or
5
individual designated by permit.
6

In the event the offending party fails or refuses to
7
discontinue the discharge
within 90 days
after notification of
8
the cease and desist order, the executive director may order
9
the offending party to show cause before the board of trustees
10
of the sanitary district why the discharge should not be
11
discontinued. A notice shall be served on the offending party
12
directing him, her, or it to show cause before the board of
13
trustees why an order should not be entered directing the
14
discontinuance of the discharge. The notice shall specify the
15
time and place where a hearing will be held and shall be served
16
personally or by registered or certified mail at least 10 days
17
before the hearing; and, in the case of a unit of local
18
government or a corporation, the service shall be upon an
19
officer or agent thereof. After reviewing the evidence, the
20
board of trustees may issue an order to the party responsible
21
for the discharge, directing that within a specified period of
22
time the discharge be discontinued. The board of trustees may
23
also order the party responsible for the discharge to pay a
24
civil penalty in an amount specified by the board of trustees
25
that is not less than $1,000 nor more than $2,000 per day for
26
each day of discharge of effluent, gaseous wastes, sewage,

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industrial wastes, or other wastes in violation of this Act as
2
provided in subsection (d). The board of trustees may also
3
order the party responsible for the violation to pay court
4
reporter costs and hearing officer fees in an amount not
to
5
exceed the actual costs of the reporter costs and hearing
6
officer fees

exceeding $3,000
.
7

(d) The board of trustees shall establish procedures for
8
assessing civil penalties and issuing orders under subsection
9
(c) as follows:
10

(1) In making its orders and determinations, the board
11

of trustees shall take into consideration all the facts
12

and circumstances bearing on the activities involved and
13

the assessment of civil penalties as shown by the record
14

produced at the hearing.
15

(2) The board of trustees shall establish a panel of
16

one or more independent hearing officers to conduct all
17

hearings on the assessment of civil penalties and issuance
18

of orders under subsection (c). All hearing officers shall
19

be attorneys licensed to practice law in this State.
20

(3) The board of trustees shall promulgate procedural
21

rules governing the proceedings, the assessment of civil
22

penalties, and the issuance of orders.
23

(4) All hearings shall be on the record, and testimony
24

taken must be under oath and recorded stenographically
or
25

electronically
.
Electronically recorded testimony may be
26

transcribed into written form after a hearing if there is

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an appeal of any decision of the board of trustees. The
2

cost of transcription, if requested, shall be borne by the
3

person requesting the electronically recorded testimony to
4

be transcribed into written form.
Transcripts so recorded
5

must be made available to any member of the public or any
6

party to the hearing upon payment of the usual charges for
7

transcripts
by the person requesting the transcripts
. At
8

the hearing, the hearing officer may issue, in the name of
9

the board of trustees, notices of hearing requesting the
10

attendance and testimony of witnesses, the production of
11

evidence relevant to any matter involved in the hearing,
12

and may examine witnesses.
13

(5) The hearing officer shall conduct a full and
14

impartial hearing on the record, with an opportunity for
15

the presentation of evidence and cross-examination of the
16

witnesses. The hearing officer shall issue findings of
17

fact, conclusions of law, a recommended civil penalty, and
18

an order based solely on the record. The hearing officer
19

may also recommend, as part of the order, that the
20

discharge of effluent, gaseous wastes, sewage, industrial
21

wastes, or other wastes be discontinued within a specified
22

time.
23

(6) The findings of fact, conclusions of law,
24

recommended civil penalty, and order shall be transmitted
25

to the board of trustees along with a complete record of
26

the hearing.

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(7) The board of trustees shall either approve or
2

disapprove the findings of fact, conclusions of law,
3

recommended civil penalty, and order. If the findings of
4

fact, conclusions of law, recommended civil penalty, or
5

order are rejected, the board of trustees shall remand the
6

matter to the hearing officer for further proceedings. If
7

the order is accepted by the board of trustees, it shall
8

constitute the final order of the board of trustees.
9

(8) The civil penalty specified by the board of
10

trustees shall be paid within 35 days after the party on
11

whom it is imposed receives a written copy of the order of
12

the board of trustees, unless the person or persons to
13

whom the order is issued seeks judicial review.
14

(9) If a person seeks judicial review of the order
15

assessing civil penalties, the person shall, within 35
16

days after the date of the final order, pay the amount of
17

the civil penalties into an escrow account maintained by
18

the sanitary district for that purpose or file a bond
19

guaranteeing payment of the civil penalties if the civil
20

penalties are upheld on review.
21

(10) Civil penalties not paid by the times specified
22

above shall be delinquent and subject to a lien recorded
23

against the property of the person ordered to pay the
24

penalty. The foregoing provisions for asserting liens
25

against real estate by the sanitary district shall be in
26

addition to any other remedy or right of recovery that the

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sanitary district may have with respect to the collection
2

or recovery of penalties and charges imposed by the
3

sanitary district. Judgment in a civil action brought by
4

the sanitary district to recover or collect the charges
5

shall not operate as a release and waiver of the lien upon
6

the real estate for the amount of the judgment. Only
7

satisfaction of the judgment or the filing of a release or
8

satisfaction of lien shall release the lien.
9

(e) The executive director may order a person to cease the
10
discharge of effluent, gaseous wastes, sewage, industrial
11
wastes, or other wastes upon a finding by the executive
12
director that the final order of the board of trustees entered
13
after a hearing to show cause has been violated. The executive
14
director shall serve the person with a copy of his or her order
15
either by certified mail or personally by serving the owner,
16
officer, registered agent, or individual designated by permit.
17
The order of the executive director shall also schedule an
18
expedited hearing before a hearing officer designated by the
19
board of trustees for the purpose of determining whether the
20
person has violated the final order of the board of trustees.
21
The board of trustees shall adopt rules of procedure governing
22
expedited hearings. In no event shall the hearing be conducted
23
less than 7 days after service of the executive director's
24
order.
25

At the conclusion of the expedited hearing, the hearing
26
officer shall prepare a report with his or her findings and

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1
recommendations and transmit it to the board of trustees. If
2
the board of trustees, after reviewing the findings and
3
recommendations, and the record produced at the hearing,
4
determines that the person has violated the board of trustees'
5
final order, the board of trustees may authorize the
6
disconnection of the sewer or direct the water supplier to
7
terminate service. The executive director shall give not less
8
than 10 days' written notice of the board of trustees' order to
9
the owner, officer, registered agent, or individual designated
10
by permit, as well as the owner of record of the real estate
11
and other parties known to be affected, that the sewer will be
12
disconnected or water service will be terminated.
13

The foregoing provision for disconnecting a sewer or
14
terminating water service shall be in addition to any other
15
remedy that the sanitary district may have to prevent
16
violation of its ordinances and orders of its board of
17
trustees.
18

(f) A violation of the final order of the board of trustees
19
shall be considered a nuisance. If any person discharges
20
effluent, gaseous wastes, sewage, industrial wastes, or other
21
wastes into any waters contrary to the final order of the board
22
of trustees, the sanitary district, acting through the
23
executive director, has the power to commence an action or
24
proceeding in the circuit court in and for the county in which
25
the sanitary district is located for the purpose of having the
26
discharge stopped either by mandamus or injunction, or to

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1
remedy the violation in any manner provided for in this
2
Section.
3

The court shall specify a time, not exceeding 20 days
4
after the service of the copy of the complaint, in which the
5
party complained of must plead to the complaint, and in the
6
meantime, the party may be restrained. In case of default or
7
after pleading, the court shall immediately inquire into the
8
facts and circumstances of the case and enter an appropriate
9
judgment in respect to the matters complained of. Appeals may
10
be taken as in other civil cases.
11

(g) The sanitary district, acting through the executive
12
director, has the power to commence an action or proceeding
13
for mandamus or injunction in the circuit court ordering a
14
person to cease its discharge, when, in the opinion of the
15
executive director, the person's discharge presents an
16
imminent danger to the public health, welfare, or safety;
17
presents or may present an endangerment to the environment; or
18
threatens to interfere with the operation of the sewerage
19
system or a water reclamation plant under the jurisdiction of
20
the sanitary district. The initiation of a show cause hearing
21
is not a prerequisite to the commencement by the sanitary
22
district of an action or proceeding for mandamus or injunction
23
in the circuit court. The court shall specify a time, not
24
exceeding 20 days after the service of a copy of the petition,
25
in which the party complained of must answer the petition, and
26
in the meantime, the party may be restrained. In case of

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1
default in answer or after answer, the court shall immediately
2
inquire into the facts and circumstances of the case and enter
3
an appropriate judgment order in respect to the matters
4
complained of. An appeal may be taken from the final judgment
5
in the same manner and with the same effect as appeals are
6
taken from judgment of the circuit court in other actions for
7
mandamus or injunction.
8

(h) Whenever the sanitary district commences an action
9
under subsection (f) of this Section, the court shall assess a
10
civil penalty of not less than $1,000 nor more than $10,000 for
11
each day the person violates the board of trustees' order.
12
Whenever the sanitary district commences an action under
13
subsection (g) of this Section, the court shall assess a civil
14
penalty of not less than $1,000 nor more than $10,000 for each
15
day the person violates the ordinance. Each day's continuance
16
of the violation is a separate offense. The penalties provided
17
in this Section plus interest at the rate set forth in the
18
Interest Act on unpaid penalties, costs, and fees, imposed by
19
the board of trustees under subsection (d); the reasonable
20
costs to the sanitary district of removal or other remedial
21
action caused by discharges in violation of this Act;
22
reasonable attorney's fees; court costs; other expenses of
23
litigation; and costs for inspection, sampling, analysis, and
24
administration related to the enforcement action against the
25
offending party are recoverable by the sanitary district in a
26
civil action.

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1

(i) The board of trustees may establish fees for late
2
filing of reports with the sanitary district required by an
3
ordinance governing discharges. The sanitary district shall
4
provide by certified mail a written notice of the fee
5
assessment that states the person has 30 days after the
6
receipt of the notice to request a conference with the
7
executive director's designee to discuss or dispute the
8
appropriateness of the assessed fee. Unless a person objects
9
to paying the fee for filing a report late by timely requesting
10
in writing a conference with a designee of the executive
11
director, that person waives his or her right to a conference
12
and the sanitary district may impose a lien recorded against
13
the property of the person for the amount of the unpaid fee.
14

If a person requests a conference and the matter is not
15
resolved at the conference, the person subject to the fee may
16
request an administrative hearing before an impartial hearing
17
officer appointed under subsection (d) to determine the
18
person's liability for and the amount of the fee. If the
19
hearing officer finds that the late filing fees are owed to the
20
sanitary district, the sanitary district shall notify the
21
responsible person or persons of the hearing officer's
22
decision. If payment is not made within 30 days after the
23
notice, the sanitary district may impose a lien on the
24
property of the person or persons.
25

Any liens filed under this subsection shall apply only to
26
the property to which the late filing fees are related. A claim

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1
for lien shall be filed in the office of the recorder of the
2
county in which the property is located. The filing of a claim
3
for lien by the sanitary district does not prevent the
4
sanitary district from pursuing other means for collecting
5
late filing fees. If a claim for lien is filed, the sanitary
6
district shall notify the person whose property is subject to
7
the lien, and the person may challenge the lien by filing an
8
action in the circuit court. The action shall be filed within
9
90 days after the person receives the notice of the filing of
10
the claim for lien. The court shall hear evidence concerning
11
the underlying reasons for the lien only if an administrative
12
hearing has not been held under this subsection.
13

(j) To be effective service under this Section, a demand
14
or order sent by certified or registered mail to the last known
15
address need not be received by the offending party. Service
16
of the demand or order by registered or certified mail shall be
17
deemed effective upon deposit in the United States mail with
18
proper postage prepaid and addressed as provided in this
19
Section.
20

(k) The provisions of the Administrative Review Law and
21
all amendments and rules adopted pursuant to that Law apply to
22
and govern all proceedings for the judicial review of final
23
administrative decisions of the board of trustees in the
24
enforcement of any ordinance, rule, or regulation adopted
25
under this Act. The cost of preparing the record on appeal
26
shall be paid by the person seeking a review of an order or

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1
action pursuant to the Administrative Review Law.
2

(l) The provisions of this Section are severable under
3
Section 1.31 of the Statute on Statutes.
4
(Source: P.A. 99-669, eff. 7-29-16; 100-31, eff. 8-4-17.)

5

(70 ILCS 2305/10)

(from Ch. 42, par. 286)
6

Sec. 10.
At the time or before incurring any indebtedness,
7
the board of trustees shall provide for the collection of
8
revenue

a direct annual tax
sufficient to pay the interest on
9
such debt as it falls due, and also to pay and discharge the
10
principal thereof as the same shall fall due, and at least
11
within
40

twenty
years from the time of contracting the same.
12
(Source: Laws 1911, p. 299.)

13

(70 ILCS 2305/28)

(from Ch. 42, par. 296.8)
14

Sec. 28.
Annexation of territory.
The board of trustees of
15
any sanitary district may annex any territory which is not
16
within the corporate limits of the sanitary district,
17
provided:
18

(a) The territory is contiguous to the annexing
19

sanitary district or the territory is non-contiguous and
20

the owner or owners of record have entered into an
21

agreement requesting the annexation of the non-contiguous
22

territory; and
23

(b) The territory is served by the sanitary district
24

or by a municipality with sanitary sewers that are

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1

connected and served by the sanitary district.
2

The annexation shall be accomplished only by ordinance and
3
the ordinance shall include a description of the annexed
4
territory.
The owner of territory described in this Section
5
may petition the board of trustees to annex the territory. The
6
board of trustees may annex any property as provided in this
7
Section.
The ordinance annexing non-contiguous territory shall
8
designate the ward to which the land shall be assigned. A copy
9
of the ordinance and a map of the annexed territory certified
10
as true and accurate by the clerk of the annexing sanitary
11
district shall be filed with the county clerk of the county in
12
which the annexed territory is located. The new boundary shall
13
extend to the far side of any adjacent highway and shall
14
include all of every highway within the area annexed. These
15
highways shall be considered to be annexed even though not
16
included in the legal description set forth in the annexation
17
ordinance.
18

The territory to be annexed to the sanitary district shall
19
be considered to be contiguous to the sanitary district
20
notwithstanding that the territory to be annexed is divided
21
by, or that the territory to be annexed is separated from the
22
sanitary district by, one or more railroad rights-of-way,
23
public easements, or properties owned by a public utility, a
24
forest preserve district, a public agency, or a not-for-profit
25
corporation.
Territory to be annexed into an existing sanitary
26
district shall be considered contiguous territory if 5 or more

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contiguous platted parcels are served by the annexing sanitary
2
district even if no portion of the territory is contiguous.

3
(Source: P.A. 102-558, eff. 8-20-21.)

4

(70 ILCS 2305/28a)

(from Ch. 42, par. 296.8a)
5

Sec. 28a.
The corporate authorities of any sanitary
6
district may enter into an agreement with one or more of the
7
owners of record of land in any territory which may be annexed
8
to such sanitary district as provided in this Act. Such
9
agreement may provide for the annexation of such territory to
10
the sanitary district, subject to the provisions of this Act,
11
and any other matter not inconsistent with the provisions of
12
this Act, nor forbidden by law. Such agreement shall be valid
13
and binding for a period not to exceed 10 years from the date
14
of execution thereof.
15

Any action taken by the corporate authorities during the
16
period such agreement is in effect, which, if it applied to the
17
land which is the subject of the agreement, would be a breach
18
of such agreement, shall not apply to such land without an
19
amendment of such agreement.
20

Any such agreement executed after the effective date of
21
this Amendatory Act of 1983 and all amendments of annexation
22
agreements, shall be entered into in the following manner. The
23
corporate authorities shall fix a time for and hold a public
24
hearing upon the proposed annexation agreement or amendment,
25
and shall give notice of the proposed agreement or amendment

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not more than 30 nor less than 15 days before the date fixed
2
for the hearing. This notice shall be published at least once
3
in one or more newspapers published within the sanitary
4
district. After such hearing the agreement or amendment may be
5
modified before execution thereof. The annexation agreement or
6
amendment shall be executed by the president of the board of
7
trustees only after such hearing and upon the adoption of a
8
resolution directing such execution, which resolution must be
9
passed by a vote of two-thirds of the corporate authorities
10
then holding office.
11

Any annexation agreement executed pursuant to this Section
12
shall be binding upon the successor owners of record of the
13
land which is the subject of the agreement and upon successor
14
corporate authorities of the sanitary district and successor
15
sanitary districts. Any party to such agreement may by civil
16
action, mandamus or other proceeding, enforce and compel
17
performance of the agreement.
18

Any annexation agreement executed prior to the effective
19
date of this Amendatory Act of 1983 which was executed
20
pursuant to a two-thirds vote of the corporate authorities and
21
which contains provisions not inconsistent with this Section
22
is hereby declared valid and enforceable as to such provisions
23
for the effective period of such agreement, or for 10 years
24
from the date of execution thereof, whichever is shorter.
25

The effective term of any
annexation agreement

Annexation
26
Agreement
executed prior to the effective date of this

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1
Amendatory Act of 1983 may be extended at any time prior to the
2
original expiration date to a date which is not later than ten
3
years from the date of execution of the original
annexation
4
agreement

Annexation Agreement
.
5

This Section shall only apply to annexation agreements or
6
amendments to an annexation agreement.

7
(Source: P.A. 83-745.)

8

(70 ILCS 2305/28b)

(from Ch. 42, par. 296.8b)
9

Sec. 28b.
For purposes of this Act, territory to be
10
organized as a sanitary district shall be considered to be
11
contiguous territory, and territory to be annexed to a
12
sanitary district
or annexed into an existing sanitary
13
district
shall be considered to be contiguous to the sanitary
14
district notwithstanding that the territory to be so organized
15
is divided by one or more railroad rights-of-ways, public
16
easements, or property owned by a public utility or that the
17
territory to be so annexed is separated from the sanitary
18
district by one or more railroad rights-of-ways, public
19
easements, or property owned by a public utility.
Territory to
20
be annexed into an existing sanitary district shall be
21
considered contiguous territory if 5 or more contiguous
22
platted parcels are served by the annexing sanitary district.

23
However, upon such organization or annexation, the area
24
included within any such right-of-way, public easement, or
25
property owned by a public utility shall not be considered a

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1
part of or annexed to the sanitary district.
2
(Source: P.A. 89-558, eff. 7-26-96.)

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1

INDEX

2

Statutes amended in order of appearance

3

70 ILCS 2305/0.3 new
4

70 ILCS 2305/4
from Ch. 42, par. 280
5

70 ILCS 2305/7
from Ch. 42, par. 283
6

70 ILCS 2305/7.01
from Ch. 42, par. 283.01
7

70 ILCS 2305/7.1
from Ch. 42, par. 283.1
8

70 ILCS 2305/7.2
from Ch. 42, par. 283.2
9

70 ILCS 2305/7.7
10

70 ILCS 2305/10
from Ch. 42, par. 286
11

70 ILCS 2305/28
from Ch. 42, par. 296.8
12

70 ILCS 2305/28a
from Ch. 42, par. 296.8a
13

70 ILCS 2305/28b
from Ch. 42, par. 296.8b

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