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Full Text of SB3910
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SB3910 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3910
Introduced 2/6/2026, by Sen. Julie A. Morrison
SYNOPSIS AS INTRODUCED:
See Index
Amends the Sanitary District Act of 1917. Provides that the board of
trustees of a sanitary district organized under the Act (rather than only
the board of trustees of the Sanitary District of Decatur or the board of
trustees of the Bloomington and Normal Water Reclamation District) may
enter into an agreement to sell, convey, or disburse treated wastewater to
a private entity located within 50 miles of the District's boundaries.
Provides that the board of trustees of a sanitary district organized under
the Act (rather than only the board of trustees of the Sanitary District of
Decatur) may accept wastewater for treatment from a private entity located
within 50 miles of the district's boundaries. Provides that the board of
trustees of a sanitary district organized under the Act (rather than only
the board of trustees of the Sanitary District of Decatur) may acquire and
accept, by gift, grant, purchase, or otherwise, a fee simple interest or
any lesser interest as may be desired in real property necessary to carry
out its powers under the provisions. Amends the Sanitary District Act of
1907, the Metropolitan Water Reclamation District Act, the Sanitary
District Act of 1936, the Metro-East Sanitary District Act of 1974, and the
Eastern Will Sanitary District Act providing similar powers to districts
organized under those Acts. Amends the North Shore Water Reclamation
District Act. Provides that an agreement entered into by the board of
trustees of any sanitary district formed under the Act to sell, convey, or
disburse treated wastewater to any public or private entity located within
50 miles of the district's boundaries (rather than within or outside of the
boundaries of the sanitary district) may not exceed 30 years (rather than
20 years). Removes language providing that any use of treated wastewater
by any public or private entity shall be subject to the orders of the
Pollution Control Board. Amends the Environmental Protection Act. Provides
that, within one year after the effective date of the amendatory Act, the
Environmental Protection Agency shall establish a process for sanitary
districts to obtain a permit to sell treated wastewater. Effective
immediately.
LRB104 18685 RTM 32128 b
A BILL FOR
SB3910
LRB104 18685 RTM 32128 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 3.
The Environmental Protection Act is amended by
5
adding Section 40.4 as follows:
6
(415 ILCS 5/40.4 new)
7
Sec. 40.4.
Permits for the sale of treated
8
wastewater.
Within one year after the effective date of this
9
amendatory Act of the 104th General Assembly, the Agency shall
10
establish a process for sanitary districts to obtain a permit
11
to sell treated wastewater.
12
Section 5.
The Sanitary District Act of 1907 is amended by
13
adding Section 14.5 as follows:
14
(70 ILCS 2205/14.5 new)
15
Sec. 14.5.
Private agreements for wastewater treatment.
16
(a) The board of trustees of a sanitary district organized
17
under this Act may enter into an agreement to sell, convey, or
18
disburse treated wastewater to a private entity located within
19
50 miles of the district's boundaries. The agreement may not
20
exceed 30 years. The district may also accept wastewater for
21
treatment from a private entity located within 50 miles of the
SB3910
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LRB104 18685 RTM 32128 b
1
district's boundaries.
2
(b) In addition, the district may acquire and accept, by
3
gift, grant, purchase, or otherwise, pursuant to its authority
4
under this Act, a fee simple interest or any lesser interest as
5
may be desired in real property necessary to carry out its
6
powers under this Section.
7
(c) This Section does not apply to private entities
8
located outside of the State.
9
Section 10.
The North Shore Water Reclamation District Act
10
is amended by changing Section 7 as follows:
11
(70 ILCS 2305/7)
(from Ch. 42, par. 283)
12
Sec. 7.
Powers of the board of trustees.
The board of
13
trustees of any sanitary district organized under this Act may
14
provide for the treatment of the sewage thereof and save and
15
preserve the water supplied to the inhabitants of such
16
district from contamination. For that purpose the board may
17
construct and maintain an enclosed conduit or conduits, main
18
pipes, wholly or partially submerged, buried or otherwise, and
19
by means of pumps or otherwise cause such sewage to flow or to
20
be forced through such conduit or conduits, pipe or pipes to
21
and into any ditch or canal constructed and operated by any
22
other sanitary district, after having first acquired the right
23
so to do. Such board may provide for the drainage of such
24
district by laying out, establishing, constructing and
SB3910
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LRB104 18685 RTM 32128 b
1
maintaining one or more channels, drains, ditches and outlets
2
for carrying off and disposing of the drainage (including the
3
sewage) of such district, together with such adjuncts and
4
additions thereto as may be necessary or proper to cause such
5
channels or outlets to accomplish the end for which they are
6
designed, in a satisfactory manner, including pumps and
7
pumping stations and the operation of the same. Such board
8
shall provide suitable and modernly equipped sewage treatment
9
works or plants for the separation and treatment of all solids
10
and deleterious matter from the liquids, and shall treat and
11
purify the residue of such sewage so that when it flows into
12
any lake, it will not injuriously contaminate the waters
13
thereof. The board shall adopt any feasible method to
14
accomplish the object for which such sanitary district may be
15
created, and may also provide means whereby the sanitary
16
district may reach and procure supplies of water for diluting
17
and flushing purposes. The board of trustees of any sanitary
18
district formed under this Act may also enter into an
19
agreement to sell, convey, or disburse treated wastewater to
20
any public or private entity located within
50 miles of the
21
district's boundaries.
or outside of the boundaries of the
22
sanitary district. Any use of treated wastewater by any public
23
or private entity shall be subject to the orders of the
24
Pollution Control Board.
The agreement may not exceed
30
20
25
years.
26
Nothing set forth in this Section may be construed to
SB3910
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LRB104 18685 RTM 32128 b
1
empower, authorize or require such board of trustees to
2
operate a system of water works for the purpose of furnishing
3
or delivering water to any such municipality or to the
4
inhabitants thereof without payment therefor at such rates as
5
the board may determine. Nothing in this Act shall require a
6
sanitary district to extend service to any individual
7
residence or other building within the district, and it is the
8
intent of the Illinois General Assembly that any construction
9
contemplated by this Section shall be restricted to
10
construction of works and main or interceptor sewers,
11
conduits, channels and similar facilities, but not individual
12
service lines. Nothing in this Act contained authorizes the
13
trustees to flow the sewage of such district into Lake
14
Michigan. Any such plan for sewage disposal by any sanitary
15
district organized hereunder is prohibited, unless such sewage
16
has been treated and purified as provided in this Section, all
17
laws of the Federal government relating to the pollution of
18
navigable waters have been complied with, the approval of
19
plans and constructions of outlets and connection with any of
20
the streams or navigable bodies of water within or bordering
21
upon the State has been obtained from the Department of
22
Natural Resources of the State. The discharge of any sewage
23
from any such district into any of the streams or navigable
24
bodies of water within or bordering upon the State is subject
25
to the orders of the Pollution Control Board. Nothing in this
26
Act contained may be construed as superseding or in any manner
SB3910
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LRB104 18685 RTM 32128 b
1
limiting the provisions of the Environmental Protection Act.
2
After the construction of such sewage disposal plant, if
3
the board finds that it will promote the prevention of
4
pollution of waters of the State, such board of trustees may
5
adopt ordinances or rules and regulations, prohibiting or
6
regulating the discharge to sewers of inadmissible wastes or
7
substances toxic to biological wastewater treatment processes.
8
Inadmissible wastes include those which create a fire or
9
explosion hazard in the sewer or treatment works; those which
10
will impair the hydraulic capacity of sewer systems; and those
11
which in any quantity, create a hazard to people, sewer
12
systems, treatment processes, or receiving waters. Substances
13
that may be toxic to wastewater treatment processes include
14
copper, chromium, lead, zinc, arsenic, nickel, barium,
15
cadmium, mercury, selenium, silver, and any poisonous
16
compounds such as cyanide or radioactive wastes which pass
17
through wastewater treatment plants in hazardous
18
concentrations and menace users of the receiving waters. Such
19
ordinances or rules and regulations shall be effective
20
throughout the sanitary district, in the incorporated areas as
21
well as the unincorporated areas and all public sewers
22
therein.
23
(Source: P.A. 100-31, eff. 8-4-17.)
24
Section 15.
The Sanitary District Act of 1917 is amended
25
by changing Section 7.9 as follows:
SB3910
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LRB104 18685 RTM 32128 b
1
(70 ILCS 2405/7.9)
2
Sec. 7.9.
Private agreements for wastewater treatment.
3
(a) The board of trustees of
a sanitary district organized
4
under this Act
the Sanitary District of Decatur or the
5
Bloomington and Normal Water Reclamation District
may enter
6
into an agreement to sell, convey, or disburse treated
7
wastewater to a private entity located within 50 miles of the
8
district's
District's
boundaries. The agreement may not exceed
9
30 years. The
district
Sanitary District of Decatur or the
10
Bloomington and Normal Water Reclamation District
may also
11
accept wastewater for treatment from a private entity located
12
within 50 miles of the district's boundaries.
13
(b) In addition, the
district
Sanitary District of Decatur
14
or the Bloomington and Normal Water Reclamation District
may
15
acquire and accept, by gift, grant, purchase, or otherwise,
16
pursuant to its authority under this Act,
a
fee simple
17
interest or any lesser interest as may be desired in real
18
property necessary to carry out its powers under this Section.
19
(c) This Section does not apply to private entities
20
located outside of the State.
21
(Source: P.A. 104-186, eff. 8-15-25.)
22
Section 20.
The Metropolitan Water Reclamation District
23
Act is amended by adding Section 7i as follows:
SB3910
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LRB104 18685 RTM 32128 b
1
(70 ILCS 2605/7i new)
2
Sec. 7i.
Private agreements for wastewater treatment.
3
(a) The board of trustees of a sanitary district organized
4
under this Act may enter into an agreement to sell, convey, or
5
disburse treated wastewater to a private entity located within
6
50 miles of the district's boundaries. The agreement may not
7
exceed 30 years. The district may also accept wastewater for
8
treatment from a private entity located within 50 miles of the
9
district's boundaries.
10
(b) In addition, the district may acquire and accept, by
11
gift, grant, purchase, or otherwise, pursuant to its authority
12
under this Act, a fee simple interest or any lesser interest as
13
may be desired in real property necessary to carry out its
14
powers under this Section.
15
(c) This Section does not apply to private entities
16
located outside of the State.
17
Section 25.
The Sanitary District Act of 1936 is amended
18
by adding Section 12.2 as follows:
19
(70 ILCS 2805/12.2 new)
20
Sec. 12.2.
Private agreements for wastewater treatment.
21
(a) The board of trustees of a sanitary district organized
22
under this Act may enter into an agreement to sell, convey, or
23
disburse treated wastewater to a private entity located within
24
50 miles of the district's boundaries. The agreement may not
SB3910
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LRB104 18685 RTM 32128 b
1
exceed 30 years. The district may also accept wastewater for
2
treatment from a private entity located within 50 miles of the
3
district's boundaries.
4
(b) In addition, the district may acquire and accept, by
5
gift, grant, purchase, or otherwise, pursuant to its authority
6
under this Act, a fee simple interest or any lesser interest as
7
may be desired in real property necessary to carry out its
8
powers under this Section.
9
(c) This Section does not apply to private entities
10
located outside of the State.
11
Section 30.
The Metro-East Sanitary District Act of 1974
12
is amended by adding Section 2-5.5 as follows:
13
(70 ILCS 2905/2-5.5 new)
14
Sec. 2-5.5.
Private agreements for wastewater treatment.
15
(a) The board of trustees of a sanitary district organized
16
under this Act may enter into an agreement to sell, convey, or
17
disburse treated wastewater to a private entity located within
18
50 miles of the district's boundaries. The agreement may not
19
exceed 30 years. The district may also accept wastewater for
20
treatment from a private entity located within 50 miles of the
21
district's boundaries.
22
(b) In addition, the district may acquire and accept, by
23
gift, grant, purchase, or otherwise, pursuant to its authority
24
under this Act, a fee simple interest or any lesser interest as
SB3910
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LRB104 18685 RTM 32128 b
1
may be desired in real property necessary to carry out its
2
powers under this Section.
3
(c) This Section does not apply to private entities
4
located outside of the State.
5
Section 35.
The Eastern Will Sanitary District Act is
6
amended by adding Section 25 as follows:
7
(70 ILCS 3020/25 new)
8
Sec. 25.
Private agreements for wastewater treatment.
9
(a) The board of trustees of the District may enter into an
10
agreement to sell, convey, or disburse treated wastewater to a
11
private entity located within 50 miles of the District's
12
boundaries. The agreement may not exceed 30 years. The
13
District may also accept wastewater for treatment from a
14
private entity located within 50 miles of the district's
15
boundaries.
16
(b) In addition, the District may acquire and accept, by
17
gift, grant, purchase, or otherwise, pursuant to its authority
18
under this Act, a fee simple interest or any lesser interest as
19
may be desired in real property necessary to carry out its
20
powers under this Section.
21
(c) This Section does not apply to private entities
22
located outside of the State.
23
Section 99.
Effective date.
This Act takes effect upon
24
becoming law.
SB3910
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LRB104 18685 RTM 32128 b
1
INDEX
2
Statutes amended in order of appearance
3
415 ILCS 5/40.4 new
4
70 ILCS 2205/14.5 new
5
70 ILCS 2305/7
from Ch. 42, par. 283
6
70 ILCS 2405/7.9
7
70 ILCS 2605/7i new
8
70 ILCS 2805/12.2 new
9
70 ILCS 2905/2-5.5 new
10
70 ILCS 3020/25 new
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