2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 3110/ - Metro East Solid Waste Disposal and Energy Producing Service Act.

(70 ILCS 3110/1) (from Ch. 111 1/2, par. 7101)
Sec. 1. 
		Finding and Purpose. 
		For the benefit of the People of this
State, the increase of their commerce, welfare and prosperity, and the
improvement of their health and living conditions, it is essential that
provision be made for the efficient collection and disposal of waste on a
district basis from both public and private sources in compliance with
State and federal laws, regulations, and policies and for the generation of
energy and the recovery of usable resources form such waste to the extent
practicable.  It is the purpose of this Act to assist certain participating
political subdivisions of this State, other public entities and the private
sector of the economy to provide adequate waste disposal facilities and
facilities for the generation of steam, electricity, or other forms of
energy from fuels which are derived from or are otherwise related to waste
disposal facilities by providing a coordinating agency and a financing
vehicle for such facilities.  It is the purpose of this Act to assist the
participating municipalities to effect waste disposal programs on a
district basis and to that end this Act provides for the creation of the
Metro East Solid Disposal and Energy Producing Service.  It is the
intention and purpose of this Act that, without in
any way limiting the discretion of the Service, the Service and the
Environmental Protection Agency are to cooperate to the maximum extent
practicable in effecting a district waste disposal and energy generating
program to service the
participating municipalities.
(Source: P.A. 90-655, eff. 7-30-98.)
(70 ILCS 3110/2) (from Ch. 111 1/2, par. 7102)
Sec. 2. 
		Title. 
		This Act shall be known and may be cited as the "Metro East
Solid Waste Disposal and Energy Producing Service Act".
(Source: P.A. 84-1320.)
(70 ILCS 3110/3) (from Ch. 111 1/2, par. 7103)
Sec. 3. 
		Definitions. 
		As used in this Act, the words and terms
listed in this Section shall have the meaning given, unless the context
clearly indicates another or different meaning is intended.
(a) "Service" means the Metro East Solid Waste Disposal and Energy Producing Service.
(b) "Bonds" mean all bonds, bond anticipation notes, revenue
anticipation notes, grant anticipation notes, or other evidences of
indebtedness of the Service, whether general or limited obligations of the Service.
(c) "Cost" shall include the purchase price of any project or the cost
of acquiring all or any portion of the right, title, or interest of a
project and the amount to be paid to discharge all obligations necessary or
desirable to vest title to the project or any part thereof in the Service
or other owner; the cost of any reconstruction, extension, enlargement,
alteration, repair or improvement; the cost of all lands,
properties, rights, easements, franchises, and permits; the cost of all
labor, machinery, and equipment; financing charges; interest prior to and
during construction and if, considered desirable by the Service, for a
limited period after the completion of construction; reserves for principal
and interest and for extensions, enlargements, additions and improvements;
the cost of all lands, properties, rights, easements, franchises, and permits;
the cost of all labor, machinery, and equipment; financing charges; interest
prior to and during construction and if, considered desirable by the Service,
for a limited period after the completion of construction; reserves for
principal and interest and for extensions, enlargements, additions and improvements;
the costs of revenue estimates, engineering and legal services, plans, designs,
specifications, surveys, investigations, demonstrations, studies, estimates
of cost, other expenses necessary or incident to determining the feasibility
or practicability of any such acquisition, improvement, repair or construction;
administrative expenses, and other expenses as necessary or incident to
the financing herein authorized, and to the acquisition, operation, maintenance,
improvement, construction of a project and the placing of the same in operation
by the Service, including reasonable provision for working capital.  Any
obligation or expense incurred prior to the issuance of bonds under the
provisions of this Act in connection with the foregoing items of cost
may be regarded as a part of such cost.
(d) "Person" means any natural person, corporation, firm, partnership, cooperative,
or other entity.
(e) "Project" means the facilities and properties used or useful or having
present capacity for future use in connection with:
(1) The transporting, transferring, compacting, burying, incinerating,
reduction, composting, collection, storage, treatment, utilization, processing,
or final disposal of waste;
(2) The conversion of waste to fuel, steam, electricity, energy, or other
resources or the generation of steam, electricity, or other forms of energy
from fuel which is derived from, or is otherwise related to, waste; or
(3) The reconstruction, converting or otherwise recycling of waste into
material which is not waste or which is useful or is marketable.
The term "project" includes (without limitation) land, buildings,
structures, machinery, equipment, rail or motor vehicles, barges, boats,
and all properties and rights therein and appurtenances thereof,
rights-of-way, franchises, easements and other interests in land, all land
and facilities which are functionally related and subordinate to the
project and all patents, licenses and other rights necessary or useful in
the construction or operation of a project.
(f) "Revenues" means, but is not necessarily limited to, all moneys
received by the Service from or in connection with any project, including
(without limitation) grants, rentals, rates, fees, charges for the use of
the services furnished or available and all other income inuring to the
Service; provided that the Service, from time to time, may further define
or limit the term "revenues" as applied to a particular project, financing,
or other matter.
(g) "Subdivision" means any county, municipal corporation, sanitary
district, State or local agency, or other public body or agency created or
established by  or pursuant to State or local law, ordinance, or resolution.
(h) "Wastes" means all waste materials, whether solid, liquid or gas,
including but not limited to garbage, refuse, and other discarded
materials, waste materials resulting from industrial, commercial and
agricultural operations and from community activities, rubbish, ashes,
incinerator residue, wastewater treatment residue, street cleanings, dead
animals, demolition and construction debris, discarded household
appliances, automobile bodies, offal and paunch manure.
(Source: P.A. 84-1320.)
(70 ILCS 3110/4) (from Ch. 111 1/2, par. 7104)
Sec. 4. 
		Created. 
		There is hereby created the Metro East Solid Waste
Disposal and Energy Producing Service which is constituted a public
instrumentality of the State of Illinois.  The exercise by the Service of
the powers conferred by this Act shall be considered to be the performance
for an essential public function.  The Service shall be considered
organized and shall commence its activities when there shall have been
filed with the Secretary of State and Environmental Protection Agency
certified copies of the resolutions of participation of at least two of the
following municipalities: Mayor and City Council or Village Board of
Trustees of East St. Louis, Centreville, Alorton, Venice and Brooklyn.  The
resolution of participation shall contain a declaration by the municipality
of its intention and consent to participate in the activities of the Service.
(Source: P.A. 85-293.)
(70 ILCS 3110/5) (from Ch. 111 1/2, par. 7105)
Sec. 5. 
		Composition; appointment and terms of members; oath; removal. 
		The
Service shall consist of one member from each of the participating municipalities
and the director of the Environmental Protection Agency, ex officio.  Each
member from a participating
municipality shall be appointed by the Governor from a list of at least
three persons, which list has been submitted to the Governor by such participating
municipality.
Each such list shall be submitted to the Governor after approval by the
Mayor of the municipality submitting such list.  Members from a participating
municipality shall serve terms of 4 years and shall continue in office until
their successors have been appointed and qualified.  A member of the Service,
before entering upon his or her duties, shall take an oath which shall be filed
with the Secretary of State.  The members of the Service may be removed
by the Governor at any time in the event the Governor has previously received
a resolution of that municipality which nominated such a member for appointment
requesting that such member be removed.
(Source: P.A. 84-1320.)
(70 ILCS 3110/6) (from Ch. 111 1/2, par. 7106)
Sec. 6. 
		Appointments of executive director and general counsel; compensation. 
		
The Service shall appoint, subject to the approval of the Governor, an executive
director.  The executive director may not be a member of the Service.  The
Service may also appoint, subject to the approval of the Governor, a general
counsel, either on a full-time or a part-time basis as the
Service may determine, or it may otherwise provide for the provision of
necessary legal services to the Service.  The general counsel shall not
be a member of the Service.  Both the executive director and the general
counsel shall serve at the pleasure of the Service, and shall receive such
compensation as may be determined by the Service.
(Source: P.A. 84-1320.)
(70 ILCS 3110/7) (from Ch. 111 1/2, par. 7107)
Sec. 7. 
		
		Records and documents of Service; executive director chief administrative
officer.  The executive director shall keep a record of the proceedings
of the Service and shall be custodian of all books, documents, and papers
filed with the Service and of the minute book or journal of the Service
and may give certificates under the official seal of the Service to the effect
that copies are true copies, and all persons dealing with the Service
may rely upon such certificates.  The records and documents of the Service
shall be considered public records subject to reasonable inspection.  The
executive director shall, subject to the supervision and direction of the
Service, be the chief administrative officer of the Service.
(Source: P.A. 84-1320.)
(70 ILCS 3110/8) (from Ch. 111 1/2, par. 7108)
Sec. 8. 
		Duties of general counsel. 
		The general counsel, if one is appointed,
shall be the legal advisor to the Service.  He shall, when directed by the
Service, represent the Service in judicial or other proceedings.
(Source: P.A. 84-1320.)
(70 ILCS 3110/9) (from Ch. 111 1/2, par. 7109)
Sec. 9. 
		Quorum; majority vote; resolutions; rules and regulations. 
		A majority
of the members of the Service shall constitute a quorum and the affirmative
vote of a majority of the members present at a meeting of the Authority
having a quorum present shall be necessary for any action taken by the
Service.  The director of the Environmental Protection Agency is a voting
member of the Service.  No vacancy in the membership of the Service shall
impair the right of quorum to exercise all the rights and perform all the
duties of the Service.  Any action taken by the Service under
the provisions of this Act may be authorized by resolution at any
regular or special meeting.  Each such resolution, other than resolutions
promulgating rules and regulations, shall take effect immediately and need
not be published or posted.  Rules and regulations shall be promulgated
under the provisions of the Illinois Administrative Procedure Act, except
when necessary for the immediate preservation of the public health and
safety and except for emergency provisions required to protect projects of the Service.
(Source: P.A. 84-1320.)
(70 ILCS 3110/10) (from Ch. 111 1/2, par. 7110)
Sec. 10. 
		Surety bond. 
		Each member of the Service, the executive director and
such employees as may be designated by the Service, shall, upon entering
the performance of their duties, be covered by a surety bond of $25,000.
(Source: P.A. 84-1320.)
(70 ILCS 3110/11) (from Ch. 111 1/2, par. 7111)
Sec. 11. 
		Expenses of members. 
		The members of the Service shall receive no
compensation for the performance of their duties hereunder, but each such
member shall be paid his necessary expenses incurred while engaged in the
performance of such duties.
(Source: P.A. 84-1320.)
(70 ILCS 3110/12) (from Ch. 111 1/2, par. 7112)
Sec. 12. 
		Grant or loan of money or property by participating counties. 
		The
participating counties may grant, loan, or otherwise transfer to the Service,
and the Service may accept, from time to time such moneys, property or
other assets as may be necessary or desirable to enable the Service to
initiate its operations or those of any project or to carry out any of its
corporate purposes.
(Source: P.A. 84-1320.)
(70 ILCS 3110/13) (from Ch. 111 1/2, par. 7113)
Sec. 13. 
		Staff. 
		The staff or the Service shall consist of such employees as
the Service may determine to be necessary to carry out the duties of the
Service.  The executive director shall appoint and remove the staff of the
Service in accordance with the provisions and restrictions of a "merit
system" to be developed by the Service.
(Source: P.A. 84-1320.)
(70 ILCS 3110/14) (from Ch. 111 1/2, par. 7114)
Sec. 14. 
		Five-year plan. 
		(1) Upon designation of the waste disposal and
energy generation district, the Service, and not the Environmental
Protection Agency, shall prepare a 5-year plan providing for solid
waste disposal projects and the generation of energy from waste and the
implementation thereof in accordance with the provisions of this Act.
(2) The 5-year plan may include provisions for the establishment and
implementation of a district system of service fees to be charged at public
waste disposal and energy and heat producing facilities within the
participating jurisdiction. The
Service, by agreement with a subdivision or person outside the boundaries
of the service district, may establish various service fees for the
disposal of waste generated within the service district consistent with the
5-year plan. The State Department of Public Health shall supervise any
pricing structure proposed for adoption in the 5-year plan or subsequent
amendments thereto, for reasonableness and health standards.
(Source: P.A. 84-1320.)
(70 ILCS 3110/15) (from Ch. 111 1/2, par. 7115)
Sec. 15. 
		Services districts. 
		Upon adoption by the Service of a 5-year plan
providing for solid waste disposal and energy and heat generating projects
and approval of such plan by
the affected municipalities a service district shall be established in the
manner and following the schedule set forth in the 5-year plan providing
for a solid waste disposal and energy and heat generating project. The Service is
responsible for the
disposal of solid wastes, including any wastewater treatment residue, as
set forth in the 5-year plan providing for solid waste disposal projects.
Within the service district, no subdivision or person may dispose of solid
wastes except through projects of the Service or of a subdivision or person
designated by the 5-year plan or under reasonable conditions the Service
stipulates; however, it is not intended by this Section that the Service,
in the absence of an agreement to do so, be required to assume
responsibility over any wastewater treatment activity or project or over any
solid waste activity or project of any person or subdivision that exist on
the effective date of this Act.
Nothing contained in this Act shall affect the power of the Environmental
Protection Agency to undertake any of the actions authorized in the
Environmental Protection Act.
(Source: P.A. 84-1320.)
(70 ILCS 3110/16) (from Ch. 111 1/2, par. 7116)
Sec. 16. 
		Powers of Service. 
		The Service is granted and has and may
exercise all powers necessary for carrying out the purposes of this
Act, including but not limited to, the following rights and powers:
(a) To have perpetual existence as a corporation;
(b) To adopt bylaws, rules, regulations, policies, and procedures for the
regulation of its affairs and the conduct of its business;
(c) To adopt an official seal and alter the same at its pleasure;
(d) To maintain an office or offices at such place or places as it may designate;
(e) To appoint officers, agents and employees, and to prescribe their
duties and to fix their compensation as set forth in this subtitle;
(f) To sue and be sued in its own name;
(g) To acquire, construct, reconstruct, rehabilitate, improve, maintain,
equip, lease (as lessor or as lessee), repair, and operate projects within
or without the State of Illinois and to establish reasonable rules and
regulations relating to any project;
(h) To acquire, purchase, hold, lease as lessee, and use any franchise,
patent or license and any property, real, personal or mixed or tangible or
intangible, or any interest therein, necessary or convenient for carrying
out the purposes of the Service;
(i) To sell, lease as lessor, transfer and dispose of any property or
interest therein at any time acquired by it;
(j) To acquire, either directly or by or through any person or political
subdivision, by purchase or by gift or devise such lands, structures,
property (real or personal) rights, rights-of-way, franchises, easements
and other interests in lands, including lands lying under water and riparian
rights which are located within or without the State as it may deem
necessary or convenient for the construction or operation of a project,
upon such terms and at such prices as may be considered by it to be
reasonable and can be agreed upon by it and the owner thereof, and to take
title thereto in the name of the Service;
(k) To borrow money and to issue bonds for the purpose of paying all or
any part of the cost of any one or more projects or for any other corporate
purpose of the Service; to secure the payment of such borrowing or any part
thereof by pledge of or mortgage or deed of trust on all or any part of its
properties or revenues; to combine projects for financing or operating
purposes; to make agreements with or for the benefit of the purchasers or
holders of bonds or with others in connection with the issuance of any such
bonds, whether issued or to be issued, as the Service may consider advisable;
and in general to provide for the security of such bonds and the rights of
the holders thereof;
(l) To take and hold title to any project which may be transferred to
the Service, and to assume jurisdiction over and provide for the
maintenance and operation of said project, all on such terms as may be
mutually agreed upon between the Service and the transferor. The Service
may contract with any subdivision to assume the payment of the principal of
and interest on obligations or indebtedness of such subdivision incurred in
connection with any project and may undertake to operate any project in
such a manner as to provide for the payment of all outstanding obligations
or indebtedness applicable to such project and the interest thereon and to
transfer to the appropriate subdivision an amount equal to the debt service
payments prior to the applicable payment date;
(m) To fix and revise from time to time and to collect rates, rentals,
fees, and charges for the use of or for services and facilities provided or
made available by the Service;
(n) To make and enter into contracts with the federal or any State
government (or any agency, instrumentality or subdivision thereof) or with
any subdivision or person within or without the State of Illinois providing
for or relating to the acquisition, construction, management, operation and
maintenance of any project or the furnishing of services by or to any
project or in connection with the services of any project owned, operated
or controlled by the other contracting party.
(o) To enter with the permission of the owner upon lands, waters, or
premises for the purpose of making surveys, soundings, borings and
examinations to accomplish any purpose authorized by this Act, the Service
being liable for any actual damage done;
(p) To make application for, receive and accept from the federal or any
State government, or any agency, instrumentality or subdivision thereof, or
from any person, grants relating to the Service or any project, including,
without limitation, grants for or in aid of the planning, financing,
construction, acquisition, maintenance or operation of any project to
receive and accept aid or contributions from any source, whether in the
form of money or property, labor, or other things of value; and to
participate in any price support program, loan program or other program of
the federal or State government relating to waste disposal, resource
recovery or energy generation;
(q) To make rules and regulations pertaining to the Service and projects,
which rules and regulations may, without limitation, exclude or require
preconditioning of any waste that might otherwise be harmful to the project
or its efficient operation or endanger the health or safety of workers or others;
(r) To enter into agreements with the Environmental Protection Agency
providing for the assumption by the Environmental Protection Agency of such
activities of the Service as the Service may deem necessary or desirable to
effectuate its purposes, including agreements relating to the exchange of
information between the Service and the Environmental Protection Agency,
the sharing of planning resources, the provision by the Environmental
Protection Agency of personnel, consulting services and technical assistance
to the Service, and the acquisition, construction, supervision, operation
or maintenance of one or more projects by the Environmental Protection Agency; and
(s) To do all things necessary to carry out its purposes and for the
exercise of the powers granted in this Act.
(t) Anything in this Act to the contrary notwithstanding, the
Service does not have any power to acquire, construct, operate, finance or
otherwise provide any project located outside the boundaries of the
participating municipalities.
(Source: P.A. 84-1320.)
(70 ILCS 3110/17) (from Ch. 111 1/2, par. 7117)
Sec. 17. 
		Service to issue bonds. 
		(a) Bonds.  The Service is
hereby authorized and empowered, by resolution, to issue bonds for the
purpose of financing the cost of one or more projects or for any other
corporate purpose.  Except as may otherwise be expressly provided by the
Service, every issue of its bonds shall be general obligations of the
Service payable from any revenues or moneys of the Service available
therefor and not otherwise pledged, subject only to any agreements with
holders of particular bonds pledging any particular revenues or moneys and
to any agreements with any persons or subdivisions.  The Service may
issue its bonds without obtaining the consent of any board, agency,
department or unit of the State, and without any other proceedings or the
happening of any conditions or things other than those specifically required hereunder.
(b) Determination with respect to form, terms conditions, issuance, and
sale.  The Service shall have absolute discretion to determine with
respect to the bonds of any issue:
(1) The date or dates of issue;
(2) The date or dates of maturity and the amount or amounts maturing on
such date or dates, provided only that no bond of any issue shall mature
later than 40 years from the date of its issue;
(3) The rate or rates of interest payable on such bonds and the date or
dates of such payment;
(4) The form or forms, denomination or denominations, manner of
execution and the place or places of payment thereof and of the interest
thereon, which may be at any bank or trust company within or without this State;
(5) Whether such bonds or any part thereof shall be made redeemable
before maturity and, if so, upon what terms, conditions, and prices; and
(6) Any other matter relating to the forms, terms, conditions, issuance,
and sale thereof.
(Source: P.A. 84-1320.)
(70 ILCS 3110/18) (from Ch. 111 1/2, par. 7118)
Sec. 18. 
		Execution of bonds; negotiable instruments; registration; replacement. 
		Effect of signature by formerly authorized individual.  In case any
officer whose signature or a facsimile of whose signature appears on any
bonds or coupons shall cease to be such officer before the delivery of such
bonds, such signature or such facsimile shall nevertheless be valid and
sufficient for all purposes as if he had remained in office until such delivery.
(Source: P.A. 84-1320.)
(70 ILCS 3110/19) (from Ch. 111 1/2, par. 7119)
Sec. 19. 
		Rates, rentals, fees, and charges. 
		(a) The
rates, rentals, fees, and charges of the Service in connection with the
project shall be so fixed, revised, and collected as to provide funds, with
other funds available for such purposes, sufficient at all times:
(1) To pay the cost of maintaining, repairing, and operating the project
on account of which the Service shall have issued bonds, including such
reserves as the Service may deem necessary or desirable for such purposes
and for replacement and depreciation and necessary extensions;
(2) To pay the principal of and redemption premium, if any, and interest
on the bonds as the same shall become due and payable and to create and
maintain such reserves as the Service may deem necessary or desirable for
such purposes; and
(3) To fulfill the terms and provisions of any agreements made with the
purchasers or holders of any of its bonds or with any person or subdivision.
(b) In cases where the character of the waste from any
source is such that it imposes an unreasonable burden upon any project, an
additional charge may be made therefor, or the Service may, if it deems
advisable, require that such waste be treated or processed in such manner
as shall be specified by the Service prior to the deposit of such waste
at the project.  Such rentals and other rates, fees, and charges shall not
be subject to supervision or regulation by any department, division,
commission, board, bureau, or agency
of the State or any political subdivision thereof.
(c) The revenues, or any
part thereof, whether derived from the project or projects in connection
with which the bonds of any issue shall have been issued or from other
projects or sources, designated as security for such bonds by the
authorizing resolution or in the trust agreement securing the bonds shall
be set aside at such regular intervals as may be provided in such
resolution or trust agreement in a special fund which is hereby pledged to,
and charged with, the payment of:
(1) The interest upon such bonds as such interest falls due;
(2) The principal of such bonds as it falls due;
(3) The necessary charges of paying agents for paying principal and interest; and
(4) The redemption price or purchase price of bonds retired by call or
purchase as provided in such resolution or trust agreement.
Any amounts set aside in such special fund which are not needed to
provide for the payment of the items listed in paragraphs (1), (2), (3) and
(4) may be used for
any other lawful purpose, to the extent provided in such resolution or
trust agreement.  Such pledge shall be valid and binding from the time when
the pledge is made.  Such revenues or other moneys so pledged and
thereafter received by the Service shall immediately be subject to the
lien of such pledge without any physical delivery thereof or further act,
and the lien of any such pledge shall be valid and binding as against all
parties having any claims of any kind in tort, contract or otherwise
against the Service, irrespective of whether such parties have notice thereof.
Neither the resolution nor any trust agreement by which a pledge is
created need be filed or recorded except in the records of the Service,
any State or local law to the contrary notwithstanding.
The use and disposition of moneys to the credit of such special fund shall
be subject to the provisions of the resolution authorizing the issuance of
such bonds or of such trust agreement.
(d) Any net earnings of the Service,
beyond that necessary for the retirement of bonds or to implement the
public purposes or programs of the Service, shall not inure to the
benefit of any person, other than the State of Illinois for use to
accomplish the purposes of this Act.
(Source: P.A. 84-1320.)
(70 ILCS 3110/20) (from Ch. 111 1/2, par. 7120)
Sec. 20. 
		Remedies of bondholders and trustees. 
		Any holder of bonds or of any of the coupons thereto appertaining and the
trustee, except to the extent the rights herein given may be restricted by
any resolution authorizing the issuance of, or by any trust agreement
securing, such bonds, may, either at law or in equity, by suit, action
mandamus, or other proceedings, protect and enforce any and all rights
under the laws of this State or granted hereunder or under such resolution
or trust agreement, and may enforce and compel the performance of all
duties required by this Act or by such resolution or trust agreement
to be performed by the Service or by any officer, employee, or agent
thereof, including the fixing, charging, and collecting of rates, rentals,
fees, and charges herein authorized and required by the provisions of such
resolution or trust agreement to be fixed, charged, and collected.
(Source: P.A. 84-1320.)