2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 2905/ - Metro-East Sanitary District Act of 1974. › Article 2 - Powers Of District

(70 ILCS 2905/Art. 2 heading)
ARTICLE 2.
POWERS OF DISTRICT
(70 ILCS 2905/2-1) (from Ch. 42, par. 502-1)
Sec. 2-1. 
		
		
		A sanitary district organized under this Act has the powers set forth in
the subsequent Sections of this Article.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-2) (from Ch. 42, par. 502-2)
Sec. 2-2. 
To lay out, locate, establish and construct one or more levees or
embankments of such size, material and character as may be required to
protect the district against overflow from any river, or tributary stream,
or water-course, and to lay out, establish and construct all such other or
additional improvements or works as may be auxiliary or incidental thereto,
or promotive of the sanitary purposes contemplated in this Act; and to
maintain, repair, change, enlarge and add to such levees, embankments,
improvements and work as may be necessary or proper to meet future
requirements for the accomplishment of the purposes aforesaid.
To the extent that any part of the territory of the District overlaps with a flood prevention district that is formed under the Flood Prevention District Act, the flood prevention district shall have the exclusive authority to repair, construct, or reconstruct levees within the territory of the flood prevention district.  The District shall operate under the direction of the board of commissioners of the flood prevention district with respect to the repair, construction, or reconstruction of levees within the territory of the flood prevention district.  In addition, the board of the District must comply with any requests for information by  the board of commissioners of the flood prevention district, including, but not limited to, requests for information concerning past, present, and future contracts; employees of the District;  finances of the District; and other activities of the District.  This information must be submitted to the board of commissioners of the flood prevention district within 30 days after the request is received.
(Source: P.A. 95-719, eff. 5-21-08.)
(70 ILCS 2905/2-3) (from Ch. 42, par. 502-3)
Sec. 2-3. 
		
		
		To lay out, locate, establish, construct, maintain and operate one or
more drains, conduits, treatment plants, pumping plants, works, ditches,
channels or outlets of such capacity and character as may be required for
the treatment, carrying-off and disposal of swamp, stagnant or overflow
water, sewage, industrial wastes and other drainage of such district, and
to lay out, establish, construct, maintain and operate all such adjuncts or
auxiliary improvements or works as may be necessary or proper for the
accomplishment of the purposes intended; and to such end, to straighten,
enlarge, divert or change the location, course or outlet of any stream or
water course or divide the waters thereof and any part thereof by means of
new channels, ditches or otherwise and to lay and construct such conduits,
drains and pipes and to extend the same in and to the incorporated limits
of any city, village or town for the purpose of connecting the same with
the drains, mains, outlets or conduits constructed or maintained by such
city, village, or town, for the carrying-off of the sewage and industrial
wastes of such city, village or town, through the drains and conduits and
into treatment plants, pumping plants and works of such district and to
enter into contract or agreement with any such city, village or town,
thereby granting permission for the use of such conduits, drains, treatment
plants, pumping plants, and works of such district in the matter of
treatment and disposal of sewage and industrial wastes of said city,
village or town, for a reasonable compensation therefor to be paid by such
city, village or town, and in case the costs of such conduits, drains,
treatment plants, pumping plants or works is increased by reason of
providing for the treatment, carrying-off and disposal of the sewage or
industrial wastes of any city, village or town, then the increased cost
thereof and the increased cost of operating and maintaining the same shall
be borne by such city, village or town; and to receive payment of such
compensation, and to do any and all things deemed necessary and proper in
the furtherance of said purposes; and thereafter to maintain, repair,
change, enlarge and add to such drains, ditches, channels, conduits,
treatment plants, pumping plants, works, outlets and other improvements and
work, as may be necessary or proper, to meet the future requirements for
the purposes aforesaid, and when necessary for such purposes, any such work
may extend beyond the limits of such district and the rights and powers of
the district over any stream or water course, or work thereon, lying
outside such district, shall to this extent, be the same as within said
district: Provided, no taxes shall be levied upon any property outside of
such district: And provided further, that the district shall be liable for
all damages sustained beyond its limits in consequence of any work or
improvement authorized hereunder. And provided that nothing in this Act
contained shall be construed as superseding or in any manner limiting the
provisions of the "Environmental Protection Act", enacted by the 76th
General Assembly.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-4) (from Ch. 42, par. 502-4)
Sec. 2-4. 
		
		
		To regulate, limit, extend, deny or otherwise control any connection to
any sewer that is tributary to the district's sewer system, regardless of
whether the sewer to which the connection is made is directly under the
jurisdiction of the district.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-5) (from Ch. 42, par. 502-5)
Sec. 2-5. 
		
		
		To require that any sewer system, sewage treatment works or sewage
treatment facility constructed in or within 3 miles of the limits of such
district which is tributary thereto and not within the limits of any other
sanitary district be constructed in accordance with the accepted standards
and specifications of such district and shall further have the authority to
cause inspection of the construction of such sewer system, sewage treatment
works or sewage treatment facility to be made to ascertain that it does
comply with the standards and specifications of such sanitary district.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-6) (from Ch. 42, par. 502-6)
Sec. 2-6. 
		
		
		To require that before any person or municipal corporation connects to
the sewage system of the district the district be permitted to inspect the
drainage lines of the person or municipal corporation to determine whether
they are adequate and suitable for connection to its sewage system. In
addition to the other charges provided for in this Act, the sanitary
district may collect a reasonable charge for this inspection service. Funds
collected as inspection charges shall be used by the sanitary district for
its general corporate purposes after payment of the costs of making the
inspections.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-7) (from Ch. 42, par. 502-7)
Sec. 2-7. 
		
		To acquire by purchase, condemnation or otherwise, any and all real and
personal property, rights of way and privileges, either within or without
its corporate limits, required for its corporate purposes; or to sell,
lease or convey any real or personal property, rights of way and privileges.
(Source: P.A. 83-1422.)
(70 ILCS 2905/2-7.5)
Sec. 2-7.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 2905/2-8) (from Ch. 42, par. 502-8)
Sec. 2-8. 
		
		
		Whenever it shall be necessary for or in connection with any improvement
or work authorized by this Act, to enter upon any public property, or
property held for any public use, or acquire any easement or rights
therein, such sanitary district shall have the power so to do, and when
necessary for such purpose may avail itself of any Eminent Domain laws of
this State, and may enter upon, use, widen, elevate, and improve any
street, highway, wharf, levee, or other property, necessary in furtherance
of said purposes: Provided, the former use of any such public property, or
property devoted to public use, shall not be unnecessarily interrupted or
interfered with.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-9) (from Ch. 42, par. 502-9)
Sec. 2-9. 
		
		
		Whenever it shall be necessary to take or use, for any of the purposes
contemplated in this Act, any portion of any railroad right of way, or
property occupied by the track or tracks of any steam, electric, or other
railroad company, or any street, highway wharf, levee or other property, in
the operation or use of which the public has an interest, only such
easement, use or rights therein shall be acquired as are necessary for the
purposes intended; and so far as practicable the use of any such street,
highway, wharf, levee, right of way, or property, shall remain in and be
reserved to the public, company, or persons otherwise entitled thereto.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-10) (from Ch. 42, par. 502-10)
Sec. 2-10. 
		
		
		When necessary for or in connection with any of the purposes authorized
by this Act, the board of trustees may acquire and compel any steam,
electric or other railroad company to raise its tracks to conform to the
grade of any levee, or other work intersecting or crossing the same, which
may, at any time, be established by such sanitary district, and where such
tracks run lengthwise upon or along the line of any such improvement, to
require and compel such railroad companies to elevate the same to the
surface thereof. Also to require and compel any such railroad companies to
maintain and keep open and in repair, ditches, drains, sewers and culverts,
along and under their tracks, so that filth or stagnant pools of water
shall not stand upon their right of way and grounds, and so that the
drainage of adjacent property shall not be impeded or interfered with.
(Source: P.A. 78-1017.)
(70 ILCS 2905/2-11)
Sec. 2-11. Annexation. Notwithstanding any other provision of law, the board of commissioners of a sanitary district may, by ordinance, annex property within any unit of local government, including a home rule unit, if the property is contiguous to the corporate limits of the sanitary district and served by the sanitary district. The ordinance must describe the property to be annexed. A copy of the ordinance with an accurate map of the annexed property, certified as correct by either the clerk or the executive director of the district, shall be filed with the county clerk of the county in which the annexed property is located or the county clerk of the county in which the predecessor district was organized. For the purposes of this Act, property is served by a sanitary district if (i) the property is served by any work or improvements of the sanitary district either then existing or then authorized by the sanitary district; or (ii) the property is within the boundaries of any work or improvements of such sanitary district including but not limited to levees, flood walls, and embankments that protect or reduce the risk to the property from overflow from any river, tributary stream, or water-course. Upon annexation into the corporate limits of the sanitary district under this Section, the property shall be subject to all powers and rights of the district and its board of commissioners for all purposes, including but not limited to taxation, and subject to all ordinances of the district as though the property had been within the corporate limits when the district was organized under this Act.
(Source: P.A. 96-1070, eff. 1-1-11.)