Bill Text: IL HB3010 | 2017-2018 | 100th General Assembly | Enrolled

Bill Title: Amends the North Shore Water Reclamation District Act. Provides that, for a trustee vacancy, the president of the water reclamation district board of trustees shall appoint an individual of the same political party of the trustee vacating the position. Adds barium, cadmium, mercury, selenium, and silver to the list of substances that may be toxic to the wastewater treatment processes. Provides that it is unlawful for any person to discharge effluent, gaseous wastes, sewage, industrial wastes, or other wastes into the sewage system and makes conforming changes. Provides that if a person has violated a board of trustees' final order, the trustees may authorize disconnection (currently, plugging) of the sewer or direct the water supplier to terminate service. Allows an owner or owners of non-contiguous territory to enter into an agreement requesting annexation of their non-continuous territory to the water reclamation district. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-05-12 - Passed Both Houses [HB3010 Detail]

Download: Illinois-2017-HB3010-Enrolled.html

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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The North Shore Water Reclamation District Act
5is amended by changing Sections 3, 7, 7.7, and 28 as follows:
6 (70 ILCS 2305/3) (from Ch. 42, par. 279)
7 Sec. 3. Election of trustees; terms. The corporate
8authority of the North Shore Water Reclamation District shall
9consist of 5 trustees.
10 Within 20 days after the adoption of the Act, as provided
11in Section 1, the county governing body shall proceed to divide
12the sanitary district into 5 wards for the purpose of electing
13trustees. One trustee shall be elected for each ward on the
14date of the next regular county election. In each sanitary
15district organized pursuant to the provisions of this Act prior
16to the effective date of this amendatory Act of 1975, one
17trustee shall be elected for each ward on the date of the
18regular county election in the year 1976. However, the
19population in no one ward shall be less than 1/6 of the
20population of the whole district and the territory in each of
21the wards shall be composed of contiguous territory in as
22compact form as practicable. A portion of each ward shall abut
23the west shore of Lake Michigan and the boundaries of the

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1respective wards shall coincide with precinct boundaries and
2the boundaries of existing municipalities as nearly as
3practicable. In the year 1981, and every 10 years thereafter,
4the sanitary district board of trustees shall reapportion the
5district, so that the respective wards shall conform as nearly
6as practicable with the above requirements as to population,
7shape and territory.
8 All trustees elected from 1994 through 2011 shall assume
9office on the first Monday in December following the general
10election. All trustees elected in 2012 or thereafter shall
11assume office on the second Wednesday in December following the
12general election.
13 In the year 1982, and every 10 years thereafter, following
14each decennial Federal census, all 5 trustees shall be elected.
15Immediately following each decennial redistricting, the
16sanitary district board of trustees shall be randomly divided
17into 2 groups, one of which shall consist of 3 wards and the
18other shall consist of 2 wards. A random process shall again be
19used to determine which trustees from one group shall serve
20terms of 4 years, 4 years and 2 years; and which trustees from
21the other group shall serve terms of 2 years, 4 years and 4
23 Each of the trustees, upon entering the duties of their
24respective offices, shall execute a bond with security, in the
25amount and form to be approved by the corporate authorities,
26payable to the district, in the penal sum of not less than

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1$250,000.00, as directed by resolution or ordinance,
2conditioned upon the faithful performance of the duties of the
3office. Each bond shall be filed with and preserved by the
4board secretary.
5 When a vacancy exists in the office of trustees of any
6sanitary district organized under the provisions of this Act,
7the vacancy shall be filled by appointment of an individual of
8the same political party as that of the trustee who vacated the
9seat by the president of the sanitary district board of
10trustees, with the advice and consent of the sanitary district
11board of trustees, until the next regular election at which
12trustees of the sanitary district are elected, and shall be
13made a matter of record in the office of the county clerk in
14the county in which the district is located.
15 A majority of the board of trustees shall constitute a
16quorum, but a smaller number may adjourn from day to day. No
17trustee or employee of the district shall be directly or
18indirectly interested in any contract, work or business of the
19district, or the sale of any article, the expense, price or
20consideration of which is paid by the district; nor in the
21purchase of any real estate or other property belonging to the
22district, or which shall be sold for taxes or assessments, or
23by virtue of legal process at the suit of the district. The
24trustees have the power to provide and adopt a corporate seal
25for the district.
26(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)

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

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1injuriously contaminate the waters thereof. The board shall
2adopt any feasible method to accomplish the object for which
3such sanitary district may be created, and may also provide
4means whereby the sanitary district may reach and procure
5supplies of water for diluting and flushing purposes. The board
6of trustees of any sanitary district formed under this Act may
7also enter into an agreement to sell, convey, or disburse
8treated wastewater to any public or private entity located
9within or outside of the boundaries of the sanitary district.
10Any use of treated wastewater by any public or private entity
11shall be subject to the orders of the Pollution Control Board.
12The agreement may not exceed 20 years.
13 Nothing set forth in this Section may be construed to
14empower, authorize or require such board of trustees to operate
15a system of water works for the purpose of furnishing or
16delivering water to any such municipality or to the inhabitants
17thereof without payment therefor at such rates as the board may
18determine. Nothing in this Act shall require a sanitary
19district to extend service to any individual residence or other
20building within the district, and it is the intent of the
21Illinois General Assembly that any construction contemplated
22by this Section shall be restricted to construction of works
23and main or interceptor sewers, conduits, channels and similar
24facilities, but not individual service lines. Nothing in this
25Act contained authorizes the trustees to flow the sewage of
26such district into Lake Michigan. Any such plan for sewage

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1disposal by any sanitary district organized hereunder is
2prohibited, unless such sewage has been treated and purified as
3provided in this Section, all laws of the Federal government
4relating to the pollution of navigable waters have been
5complied with, the approval of plans and constructions of
6outlets and connection with any of the streams or navigable
7bodies of water within or bordering upon the State has been
8obtained from the Department of Natural Resources of the State.
9The discharge of any sewage from any such district into any of
10the streams or navigable bodies of water within or bordering
11upon the State is subject to the orders of the Pollution
12Control Board. Nothing in this Act contained may be construed
13as superseding or in any manner limiting the provisions of the
14Environmental Protection Act.
15 After the construction of such sewage disposal plant, if
16the board finds that it will promote the prevention of
17pollution of waters of the State, such board of trustees may
18adopt ordinances or rules and regulations, prohibiting or
19regulating the discharge to sewers of inadmissible wastes or
20substances toxic to biological wastewater treatment processes.
21Inadmissible wastes include those which create a fire or
22explosion hazard in the sewer or treatment works; those which
23will impair the hydraulic capacity of sewer systems; and those
24which in any quantity, create a hazard to people, sewer
25systems, treatment processes, or receiving waters. Substances
26that may be toxic to wastewater treatment processes include

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1copper, chromium, lead, zinc, arsenic, and nickel, barium,
2cadmium, mercury, selenium, silver, and any poisonous
3compounds such as cyanide or radioactive wastes which pass
4through wastewater treatment plants in hazardous
5concentrations and menace users of the receiving waters. Such
6ordinances or rules and regulations shall be effective
7throughout the sanitary district, in the incorporated areas as
8well as the unincorporated areas and all public sewers therein.
9(Source: P.A. 97-500, eff. 8-23-11; 98-162, eff. 8-2-13.)
10 (70 ILCS 2305/7.7)
11 Sec. 7.7. Discharge into sewers of the sanitary district.
12 (a) As used in this Section:
13 "Executive director" means the executive director of the
14sanitary district.
15 "Industrial wastes" means all solids, liquids, or gaseous
16wastes resulting from any commercial, industrial,
17manufacturing, agricultural, trade, or business operation or
18process, or from the development, recovery, or processing of
19natural resources.
20 "Other wastes" means decayed wood, sawdust, shavings,
21bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
22and all other substances except sewage and industrial wastes.
23 "Person" means any individual, firm, association, joint
24venture, sole proprietorship, company, partnership, estate
25copartnership, corporation, joint stock company, trust, school

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1district, unit of local government, or private corporation
2organized or existing under the laws of this or any other state
3or country.
4 "Sewage" means water-carried human wastes or a combination
5of water-carried wastes from residences, buildings,
6businesses, industrial establishments, institutions, or other
7places together with any ground, surface, storm, or other water
8that may be present.
9 (b) It shall be unlawful for any person to discharge
10effluent, gaseous wastes, sewage, industrial wastes waste, or
11other wastes into the sewerage system of the sanitary district
12or into any sewer tributary therewith, except upon the terms
13and conditions that the sanitary district might reasonably
14impose by way of ordinance, permit, rule, or regulation.
15 The sanitary district, in addition to all other powers
16vested in it and in the interest of public health and safety,
17or as authorized by subsections (b) and (c) of Section 46 of
18the Environmental Protection Act, is hereby empowered to pass
19all ordinances, rules, or regulations necessary to implement
20this Section, including, but not limited to, the imposition of
21charges based on factors that influence the cost of treatment,
22including strength and volume, and including the right of
23access during reasonable hours to the premises of a person for
24enforcement of adopted ordinances, rules, or regulations.
25 (c) Whenever the sanitary district, acting through the
26executive director, determines that effluent, gaseous wastes,

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1sewage, industrial wastes, or other wastes are being discharged
2into the sewerage system and when, in the opinion of the
3executive director, the discharge is in violation of an
4ordinance, rules, or regulations adopted by the board of
5trustees under this Section governing the discharge industrial
6wastes or other wastes, the executive director shall order the
7offending party to cease and desist. The order shall be served
8by certified mail or personally on the owner, officer,
9registered agent, or individual designated by permit.
10 In the event the offending party fails or refuses to
11discontinue the discharge within 90 days after notification of
12the cease and desist order, the executive director may order
13the offending party to show cause before the board of trustees
14of the sanitary district why the discharge should not be
15discontinued. A notice shall be served on the offending party
16directing him, her, or it to show cause before the board of
17trustees why an order should not be entered directing the
18discontinuance of the discharge. The notice shall specify the
19time and place where a hearing will be held and shall be served
20personally or by registered or certified mail at least 10 days
21before the hearing; and, in the case of a unit of local
22government or a corporation, the service shall be upon an
23officer or agent thereof. After reviewing the evidence, the
24board of trustees may issue an order to the party responsible
25for the discharge, directing that within a specified period of
26time the discharge be discontinued. The board of trustees may

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1also order the party responsible for the discharge to pay a
2civil penalty in an amount specified by the board of trustees
3that is not less than $1,000 nor more than $2,000 per day for
4each day of discharge of effluent, gaseous wastes, sewage,
5industrial wastes, or other wastes in violation of this Act as
6provided in subsection (d). The board of trustees may also
7order the party responsible for the violation to pay court
8reporter costs and hearing officer fees in an amount not
9exceeding $3,000.
10 (d) The board of trustees shall establish procedures for
11assessing civil penalties and issuing orders under subsection
12(c) as follows:
13 (1) In making its orders and determinations, the board
14 of trustees shall take into consideration all the facts and
15 circumstances bearing on the activities involved and the
16 assessment of civil penalties as shown by the record
17 produced at the hearing.
18 (2) The board of trustees shall establish a panel of
19 one or more independent hearing officers to conduct all
20 hearings on the assessment of civil penalties and issuance
21 of orders under subsection (c). All hearing officers shall
22 be attorneys licensed to practice law in this State.
23 (3) The board of trustees shall promulgate procedural
24 rules governing the proceedings, the assessment of civil
25 penalties, and the issuance of orders.
26 (4) All hearings shall be on the record, and testimony

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1 taken must be under oath and recorded stenographically.
2 Transcripts so recorded must be made available to any
3 member of the public or any party to the hearing upon
4 payment of the usual charges for transcripts. At the
5 hearing, the hearing officer may issue, in the name of the
6 board of trustees, notices of hearing requesting the
7 attendance and testimony of witnesses, the production of
8 evidence relevant to any matter involved in the hearing,
9 and may examine witnesses.
10 (5) The hearing officer shall conduct a full and
11 impartial hearing on the record, with an opportunity for
12 the presentation of evidence and cross-examination of the
13 witnesses. The hearing officer shall issue findings of
14 fact, conclusions of law, a recommended civil penalty, and
15 an order based solely on the record. The hearing officer
16 may also recommend, as part of the order, that the
17 discharge of effluent, gaseous wastes, sewage, industrial
18 wastes, or other wastes waste be discontinued within a
19 specified time.
20 (6) The findings of fact, conclusions of law,
21 recommended civil penalty, and order shall be transmitted
22 to the board of trustees along with a complete record of
23 the hearing.
24 (7) The board of trustees shall either approve or
25 disapprove the findings of fact, conclusions of law,
26 recommended civil penalty, and order. If the findings of

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1 fact, conclusions of law, recommended civil penalty, or
2 order are rejected, the board of trustees shall remand the
3 matter to the hearing officer for further proceedings. If
4 the order is accepted by the board of trustees, it shall
5 constitute the final order of the board of trustees.
6 (8) The civil penalty specified by the board of
7 trustees shall be paid within 35 days after the party on
8 whom it is imposed receives a written copy of the order of
9 the board of trustees, unless the person or persons to whom
10 the order is issued seeks judicial review.
11 (9) If a person seeks judicial review of the order
12 assessing civil penalties, the person shall, within 35 days
13 after the date of the final order, pay the amount of the
14 civil penalties into an escrow account maintained by the
15 sanitary district for that purpose or file a bond
16 guaranteeing payment of the civil penalties if the civil
17 penalties are upheld on review.
18 (10) Civil penalties not paid by the times specified
19 above shall be delinquent and subject to a lien recorded
20 against the property of the person ordered to pay the
21 penalty. The foregoing provisions for asserting liens
22 against real estate by the sanitary district shall be in
23 addition to any other remedy or right of recovery that the
24 sanitary district may have with respect to the collection
25 or recovery of penalties and charges imposed by the
26 sanitary district. Judgment in a civil action brought by

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1 the sanitary district to recover or collect the charges
2 shall not operate as a release and waiver of the lien upon
3 the real estate for the amount of the judgment. Only
4 satisfaction of the judgment or the filing of a release or
5 satisfaction of lien shall release the lien.
6 (e) The executive director may order a person to cease the
7discharge of effluent, gaseous wastes, sewage, industrial
8wastes, or other wastes waste upon a finding by the executive
9director that the final order of the board of trustees entered
10after a hearing to show cause has been violated. The executive
11director shall serve the person with a copy of his or her order
12either by certified mail or personally by serving the owner,
13officer, registered agent, or individual designated by permit.
14The order of the executive director shall also schedule an
15expedited hearing before a hearing officer designated by the
16board of trustees for the purpose of determining whether the
17person has violated the final order of the board of trustees.
18The board of trustees shall adopt rules of procedure governing
19expedited hearings. In no event shall the hearing be conducted
20less than 7 days after service of the executive director's
22 At the conclusion of the expedited hearing, the hearing
23officer shall prepare a report with his or her findings and
24recommendations and transmit it to the board of trustees. If
25the board of trustees, after reviewing the findings and
26recommendations, and the record produced at the hearing,

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1determines that the person has violated the board of trustees'
2final order, the board of trustees may authorize the
3disconnection plugging of the sewer or direct the water
4supplier to terminate service. The executive director shall
5give not less than 10 days' written notice of the board of
6trustees' order to the owner, officer, registered agent, or
7individual designated by permit, as well as the owner of record
8of the real estate and other parties known to be affected, that
9the sewer will be disconnected or water service will be
10terminated plugged.
11 The foregoing provision for disconnecting plugging a sewer
12or terminating water service shall be in addition to any other
13remedy that the sanitary district may have to prevent violation
14of its ordinances and orders of its board of trustees.
15 (f) A violation of the final order of the board of trustees
16shall be considered a nuisance. If any person discharges
17effluent, gaseous wastes, sewage, industrial wastes, or other
18wastes into any waters contrary to the final order of the board
19of trustees, the sanitary district, acting through the
20executive director, has the power to commence an action or
21proceeding in the circuit court in and for the county in which
22the sanitary district is located for the purpose of having the
23discharge stopped either by mandamus or injunction, or to
24remedy the violation in any manner provided for in this
26 The court shall specify a time, not exceeding 20 days after

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1the service of the copy of the complaint, in which the party
2complained of must plead to the complaint, and in the meantime,
3the party may be restrained. In case of default or after
4pleading, the court shall immediately inquire into the facts
5and circumstances of the case and enter an appropriate judgment
6in respect to the matters complained of. Appeals may be taken
7as in other civil cases.
8 (g) The sanitary district, acting through the executive
9director, has the power to commence an action or proceeding for
10mandamus or injunction in the circuit court ordering a person
11to cease its discharge, when, in the opinion of the executive
12director, the person's discharge presents an imminent danger to
13the public health, welfare, or safety; presents or may present
14an endangerment to the environment; or threatens to interfere
15with the operation of the sewerage system or a water
16reclamation plant under the jurisdiction of the sanitary
17district. The initiation of a show cause hearing is not a
18prerequisite to the commencement by the sanitary district of an
19action or proceeding for mandamus or injunction in the circuit
20court. The court shall specify a time, not exceeding 20 days
21after the service of a copy of the petition, in which the party
22complained of must answer the petition, and in the meantime,
23the party may be restrained. In case of default in answer or
24after answer, the court shall immediately inquire into the
25facts and circumstances of the case and enter an appropriate
26judgment order in respect to the matters complained of. An

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1appeal may be taken from the final judgment in the same manner
2and with the same effect as appeals are taken from judgment of
3the circuit court in other actions for mandamus or injunction.
4 (h) Whenever the sanitary district commences an action
5under subsection (f) of this Section, the court shall assess a
6civil penalty of not less than $1,000 nor more than $10,000 for
7each day the person violates the board of trustees' order.
8Whenever the sanitary district commences an action under
9subsection (g) of this Section, the court shall assess a civil
10penalty of not less than $1,000 nor more than $10,000 for each
11day the person violates the ordinance. Each day's continuance
12of the violation is a separate offense. The penalties provided
13in this Section plus interest at the rate set forth in the
14Interest Act on unpaid penalties, costs, and fees, imposed by
15the board of trustees under subsection (d); the reasonable
16costs to the sanitary district of removal or other remedial
17action caused by discharges in violation of this Act;
18reasonable attorney's fees; court costs; other expenses of
19litigation; and costs for inspection, sampling, analysis, and
20administration related to the enforcement action against the
21offending party are recoverable by the sanitary district in a
22civil action.
23 (i) The board of trustees may establish fees for late
24filing of reports with the sanitary district required by an
25ordinance governing discharges. The sanitary district shall
26provide by certified mail a written notice of the fee

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1assessment that states the person has 30 days after the receipt
2of the notice to request a conference with the executive
3director's designee to discuss or dispute the appropriateness
4of the assessed fee. Unless a person objects to paying the fee
5for filing a report late by timely requesting in writing a
6conference with a designee of the executive director, that
7person waives his or her right to a conference and the sanitary
8district may impose a lien recorded against the property of the
9person for the amount of the unpaid fee.
10 If a person requests a conference and the matter is not
11resolved at the conference, the person subject to the fee may
12request an administrative hearing before an impartial hearing
13officer appointed under subsection (d) to determine the
14person's liability for and the amount of the fee. If the
15hearing officer finds that the late filing fees are owed to the
16sanitary district, the sanitary district shall notify the
17responsible person or persons of the hearing officer's
18decision. If payment is not made within 30 days after the
19notice, the sanitary district may impose a lien on the property
20of the person or persons.
21 Any liens filed under this subsection shall apply only to
22the property to which the late filing fees are related. A claim
23for lien shall be filed in the office of the recorder of the
24county in which the property is located. The filing of a claim
25for lien by the sanitary district does not prevent the sanitary
26district from pursuing other means for collecting late filing

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1fees. If a claim for lien is filed, the sanitary district shall
2notify the person whose property is subject to the lien, and
3the person may challenge the lien by filing an action in the
4circuit court. The action shall be filed within 90 days after
5the person receives the notice of the filing of the claim for
6lien. The court shall hear evidence concerning the underlying
7reasons for the lien only if an administrative hearing has not
8been held under this subsection.
9 (j) To be effective service under this Section, a demand or
10order sent by certified or registered mail to the last known
11address need not be received by the offending party. Service of
12the demand or order by registered or certified mail shall be
13deemed effective upon deposit in the United States mail with
14proper postage prepaid and addressed as provided in this
16 (k) The provisions of the Administrative Review Law and all
17amendments and rules adopted pursuant to that Law apply to and
18govern all proceedings for the judicial review of final
19administrative decisions of the board of trustees in the
20enforcement of any ordinance, rule, or regulation adopted under
21this Act. The cost of preparing the record on appeal shall be
22paid by the person seeking a review of an order or action
23pursuant to the Administrative Review Law.
24 (l) The provisions of this Section are severable under
25Section 1.31 of the Statute on Statutes.
26(Source: P.A. 99-669, eff. 7-29-16.)

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1 (70 ILCS 2305/28) (from Ch. 42, par. 296.8)
2 Sec. 28. Annexation of contiguous territory. The board of
3trustees of any sanitary district may annex any territory which
4is not within the corporate limits of the sanitary district,
6 (a) The territory is contiguous to the annexing
7 sanitary district or the territory is non-contiguous and
8 the owner or owners of record have entered into an
9 agreement requesting the annexation of the non-contiguous
10 territory; and
11 (b) The territory is served by the sanitary district or
12 by a municipality with sanitary sewers that are connected
13 and served by the sanitary district.
14 The annexation shall be accomplished only by ordinance and
15the ordinance shall include a description of the annexed
16territory. The ordinance annexing non-contiguous territory
17shall designate the ward to which the land shall be assigned. A
18copy of the ordinance and a map of the annexed territory
19certified as true and accurate by the clerk of the annexing
20sanitary district shall be filed with the county clerk of the
21county in which the annexed territory is located. The new
22boundary shall extend to the far side of any adjacent highway
23and shall include all of every highway within the area annexed.
24These highways shall be considered to be annexed even though
25not included in the legal description set forth in the

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1annexation ordinance.
2 The territory to be annexed to the sanitary district shall
3be considered to be contiguous to the sanitary district
4notwithstanding that the territory to be annexed is divided by,
5or that the territory to be annexed is separated from the
6sanitary district by, one or more railroad rights-of-ways,
7public easements, or properties owned by a public utility, a
8forest preserve district, a public agency, or a not-for-profit
10(Source: P.A. 97-500, eff. 8-23-11.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.