Bill Amendment: IL SB2136 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NORTH SHORE WATER RECLAMATION

Status: 2019-08-23 - Public Act . . . . . . . . . 101-0575 [SB2136 Detail]

Download: Illinois-2019-SB2136-House_Amendment_001.html

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Rep. Rita Mayfield

Filed: 5/1/2019

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AMENDMENT TO SENATE BILL 2136
AMENDMENT NO. ______. Amend Senate Bill 2136 on page 1,
line 5, before "7.6" by inserting "4,"; and
on page 1, immediately below line 6, by inserting the
following:
"(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

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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

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more than $18,000 $14,000 per year, and each other member of
the board shall not receive more than $15,000 $11,000 per year.
The board of trustees has full power to pass all necessary
ordinances, rules and regulations for the proper management and
conduct of the business of the board and of the corporation,
and for carrying into effect the objects for which the sanitary
district was formed. The ordinances may provide for a fine for
each offense of not less than $100 or more than $1,000. Each
day's continuance of a violation shall be a separate offense.
Fines under this Section are recoverable by the sanitary
district in a civil action. The sanitary district is authorized
to apply to the circuit court for injunctive relief or mandamus
when, in the opinion of the chief administrative officer, the
relief is necessary to protect the sewerage system of the
sanitary district.
The board of trustees shall have the authority to change
the name of the District, by ordinance, to the North Shore
Water Reclamation District. Any such name change shall not
impair the legal status of any act by the sanitary district. If
an ordinance is passed pursuant to this paragraph, all
provisions of this Act shall apply to the newly renamed
district. No rights, duties, or privilege of such sanitary
district or of any person existing before the change of name
shall be affected by the change in the name of the sanitary
district. All proceedings pending in any court relating to such
sanitary district may continue to final consummation under the

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name in which they were commenced.
(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)"; and
on page 1, line 13, by replacing "fees owed at the time of a
property's sale" with "fee or connection-related fee"; and
on page 2, line 11, after the period, by inserting "The payment
of connection fees or connection-related fees by the user or
any other interested party is a condition for the continued
connection of the real property or any structure thereon. The
sanitary district shall have the authority to terminate all
connections and service to any real property or structure
thereon if any connection fee or connection-related fee is not
paid within 60 days from the date such payment is due by the
user or any other party that has an interest or subsequently
acquires an interest in the property."; and
on page 2, lines 14 and 15, by replacing "fees owed at the time
of a property's sale" with "fee or connection-related fee"; and
on page 10, by replacing lines 13 through 19 with the
following:
"(b) If a board of trustees determines there is an
emergency affecting the public health or safety and the
emergency requires approval from the governing authority of any

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public property, public or private utility, or railroad for
permission to enter upon the property, right-of-way, or
easement and if the approval is not acted upon within 48 hours
from the time the sanitary district's request is served on the
entity, then the request for entry is deemed granted. If the
sanitary district is to perform work within 50 feet of railroad
right-of-way for work that does not require entry onto the
railroad right-of-way and requires approval from the railroad
to satisfy a requirement imposed upon the sanitary district or
its contractors or subcontractors in order to obtain a policy
or endorsement for special railroad protective liability
insurance, then the approval is deemed granted if the request
is not acted upon within 48 hours from the time that the
request was served. A request is served when submitted in
accordance with a method established by a receiving entity for
such requests or may be made by sending the request by United
States Postal Service, by certified mail or by overnight or
express mail which provides tracking and acknowledgment of
delivery, or by private carrier providing tracking and
acknowledgment of delivery. A sworn statement executed by the
executive director stating that the requirements of this
paragraph have been satisfied and that the entity has failed to
act after service of a request shall be sufficient evidence
that the request has been deemed approved due to the entity's
failure to act as required by law.
Railroads may not charge the sanitary district any fee or

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charge if the work does not require actual entry upon the
railroad's property. If access onto the entity's property is
required, any fee charged shall be reasonable and shall be
solely related to the cost incurred by the entity to review the
work to be performed by the sanitary district and to implement
required safety provisions.".