2023 Illinois Compiled Statutes › Chapter 65 - MUNICIPALITIES › 65 ILCS 90/ - Municipal Wastewater Disposal Zones Act.

(65 ILCS 90/0.01) (from Ch. 24, par. 1400)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Municipal Wastewater Disposal Zones Act.
(Source: P.A. 86-1324.)
(65 ILCS 90/1) (from Ch. 24, par. 1401)
Sec. 1. 
		
		When used in this Act,
"Corporate authorities" means the governing authority of a municipality.
"On-site wastewater disposal system" means any of several works, facilities,
devices, or other mechanisms used to collect, treat, reclaim, or dispose
of wastewater on, or immediately adjacent to, the property from which the
wastewater is disposed.
"Zone" means an on-site wastewater disposal zone formed pursuant to this Act.
"Real property" means both land and improvements to land which is located
within the zone.
"Wastewater" means sewage, industrial waste or other waste, or any combination
of these, whether treated or untreated plus any admixed land run-off.
"Municipality" means the city, village or incorporated town forming a zone.
(Source: P.A. 80-1371.)
(65 ILCS 90/2) (from Ch. 24, par. 1402)
Sec. 2. 
		
		The corporate authorities of any city, village or incorporated
town may form on-site wastewater disposal zones to protect the public health,
to prevent and abate nuisances, to protect existing and future beneficial
water use, to achieve compliance with regulations of the Pollution Control
Board and to achieve compliance with any other statutes or requirements
regarding public health or environmental protection.  Whenever an on-site
wastewater disposal zone has been formed pursuant to this Act, the municipality
shall have the powers set forth in this Act, which powers shall be in addition
to any other powers provided by law.
(Source: P.A. 80-1371.)
(65 ILCS 90/3) (from Ch. 24, par. 1403)
Sec. 3. 
		An on-site wastewater disposal zone may be formed for the following purposes:
(a) to collect, treat, reclaim, or dispose of wastewater;
(b) to acquire, design, own, construct, install, operate, monitor, regulate,
inspect, rehabilitate, modify and maintain existing and new on-site wastewater
disposal systems, within the zone in a manner which will promote environmental
quality, prevent the pollution, waste, and contamination of water, abate
nuisances, and protect public health;
(c) to conduct investigations, make analyses, and monitor conditions with
regard to water quality within the zone;
(d) to apply for, obtain and utilize federal and State funds for any of
the purposes specified in this Act;
(e) to adopt and enforce reasonable rules and regulations necessary to
implement the purposes of the zone.  Such rules and regulations may be adopted
only after the corporate authorities conduct a public hearing after giving
public notice in a newspaper of general circulation within the municipality;
(f) to contract for the exercise of any of the aforementioned powers even
if any such contract shall extend for longer than one year; and
(g) to impose a tax upon all real property located in the zone for the
purpose of retiring bonds issued pursuant to Section 6 of this Act, paying
the costs of construction, operation and maintenance of the wastewater disposal
system, and to impose a user charge to defray the costs of routine operation
and maintenance.
(Source: P.A. 80-1371.)
(65 ILCS 90/4) (from Ch. 24, par. 1404)
Sec. 4. 
		The corporate authorities shall have the following powers and duties:
(a) to exclude any territory proposed to be included in a zone if it finds
that the territory will not be benefited by becoming a part of the zone; and
(b) to include any additional territory in a proposed zone if it finds
that the territory will be benefited by becoming a part of the zone.
(Source: P.A. 80-1371.)
(65 ILCS 90/5) (from Ch. 24, par. 1405)
Sec. 5. 
		
		Whenever the corporate authorities deem it necessary to form an
on-site wastewater disposal zone in all or a portion of the municipality,
it shall by ordinance declare that it intends to form such a zone.  The
ordinance shall include:
(a) a description of the boundaries of the territory proposed to be included
within the zone, which description may be accompanied by a map describing
the boundaries;
(b) the public benefit to be derived from the establishment of such a zone;
(c) a description of the proposed types of on-site wastewater disposal
systems and a proposed plan for wastewater disposal;
(d) the number of residential units and commercial users in the proposed
zone which the municipality proposes to serve;
(e) the proposed means of financing the operations of the zone;
(f) the time and place for a public hearing on the question of the formation
and extent of the proposed zone, and on the question of the number and type
of the residential units and commercial units that are to be served in the
proposed zone; and
(g) a statement that at such time and place any interested persons will be heard.
(Source: P.A. 80-1371.)
(65 ILCS 90/6) (from Ch. 24, par. 1406)
Sec. 6. 
		
		Bonds secured by the full faith and credit of the area included
in the wastewater disposal zone may be issued for the purpose of construction
and operation of the disposal system.  Bonds, when so issued, shall be retired
by the levy of taxes against the property included in the zone as provided
in the ordinance authorizing the issuance of the bonds.  Prior to the issuance
of such bonds, notice shall be given and a hearing shall be held pursuant
to the provisions of Sections 9 and 10 of this Act.  For purposes of this
Section the notice shall include:
(1) The time and place of hearing;
(2) The boundaries of the zone by legal description and by street location,
where possible;
(3) A notification that all interested persons owning real estate located
within the wastewater disposal zone will be given an opportunity to be heard
at the hearing regarding the issuance of such bonds and an opportunity to
file objections to the issuance of such bonds if the tax to retire such
bonds is to be a tax upon such property; and
(4) The maximum amount of bonds proposed to be issued, the maximum period
of time over which said bonds shall be retired, and the maximum interest
rate said bonds shall bear.
Any bonds issued shall not exceed the number of bonds, the interest rate
and the period of extension set forth in the notice unless an additional
hearing is held.
(Source: P.A. 80-1371.)
(65 ILCS 90/7) (from Ch. 24, par. 1407)
Sec. 7. 
		
		A proposal to form a zone within a municipality may also be initiated
by filing a petition with the corporate authorities.  Such a petition shall
contain all of the information required by subsections (a), (b) and (d)
of Section 5 of this Act and shall be signed by not less than 10 percent
of the voters who reside within the territory proposed to be included within the zone.
Each petitioner shall add to his or her signature the date of signing and
his or her street address.
(Source: P.A. 80-1371.)
(65 ILCS 90/8) (from Ch. 24, par. 1408)
Sec. 8. 
		
		If the corporate authorities find the petition presented to be
in compliance with Section 7 of this Act, it shall set the time and place
of the hearing on the question of the formation of the proposed zone.  Such
a hearing shall be held in accordance with Sections 9 and 10 of this Act.
(Source: P.A. 80-1371.)
(65 ILCS 90/9) (from Ch. 24, par. 1409)
Sec. 9. 
		
		Notice of hearings required pursuant to Section 5 or 6 shall be
given by publication of a copy of the ordinance or the petition, in a newspaper
of general circulation circulated within the municipality no later than
10 days prior to the date of the hearing.  If no newspaper meeting this
requirement exists, the notice shall be published in a newspaper of general
circulation within the county.
(Source: P.A. 80-1371.)
(65 ILCS 90/10) (from Ch. 24, par. 1410)
Sec. 10. 
		
		The hearing on the question of the formation of the proposed zone
shall be not less than 30 days nor more than 60 days after the adoption
of the ordinance or the receipt of a petition containing a sufficient number
of signatures.
At the time and place of the hearing or at any time or place to which the
hearing is adjourned, any interested owner of real property may appear and
present any matters material to the questions set forth in the ordinance
or the petition.
At the hearing, the corporate authorities shall hear and receive any oral
or written protests, objections, or information which shall be made, presented,
or filed.  Any person who shall have filed a written protest may withdraw
the same at any time prior to the conclusion of the hearing.
(Source: P.A. 80-1371.)
(65 ILCS 90/11) (from Ch. 24, par. 1411)
Sec. 11. 
		
		At the conclusion of the hearing, the corporate authorities shall
find and declare by ordinance that written protests, filed and not withdrawn
prior to the conclusion of the hearing, represent one of the following:
(a) Less than 51 percent of either of the following:
(1) the number of voters who reside in the proposed zone; or
(2) the number of owners of real property in the proposed zone who also
own at least 51 percent of the assessed value of the real property within
the proposed zone.
(b) At least 51 percent of either of the following:
(1) the number of voters who reside in the proposed zone; or
(2) the number of owners of real property in the proposed zone who also
own at least 51 percent of the assessed value of the real property within
the proposed zone.
If the number of written protests filed and not withdrawn is the number
described in subdivision (b) of this Section, the corporate authorities shall
abandon any further proceedings on the question of formation of the proposed zone.
If the number of written protests filed and not withdrawn is the number
described in subdivision (a) of this Section, the corporate authorities
may find and declare by ordinance the establishment of the zone as described
in the ordinance.
(Source: P.A. 80-1371.)
(65 ILCS 90/12) (from Ch. 24, par. 1412)
Sec. 12. 
		
		If a petition signed by at least 51 percent of the electors residing
within the wastewater disposal zone and by at least 51 percent of the owners
of record of the land included within the boundaries of the wastewater disposal
zone is filed with the municipal clerk within 60 days following the final
adjournment of the public hearing objecting to the creation of the wastewater
disposal zone, the enlargement thereof, the levy or imposition of a tax
or the issuance of bonds for the construction and operation of the system,
or to a proposed increase in the tax rate, no such zone may be created,
enlarged, or tax may be levied or imposed nor the rate increased, or no
such bonds may be issued.
(Source: P.A. 80-1371.)
(65 ILCS 90/13) (from Ch. 24, par. 1413)
Sec. 13. 
		
		No application for a subsequent proposal involving any of the
same territory and undertaken pursuant to the provisions of this Act shall
be considered or acted upon by the municipality for at least one year after
the date of disapproval of the application.
(Source: P.A. 80-1371.)
(65 ILCS 90/14) (from Ch. 24, par. 1414)
Sec. 14. 
		
		No municipality shall form a zone if the formation will permit
land uses which are not consistent with the general plans, zoning ordinances,
or other land use regulations of the municipality within which the proposed
zone is located.
(Source: P.A. 80-1371.)
(65 ILCS 90/15) (from Ch. 24, par. 1415)
Sec. 15. 
		
		If a zone is established, an authorized representative of the
municipality, upon presentation of his or her credentials, shall have the
authority to enter at all reasonable times to any premises on which
a water pollution, waste, or contamination source, including, but not limited
to, septic tanks, is located for the purpose of inspection, rehabilitation
or maintenance of such source, including securing samples of discharges
therefrom, or any records required to be maintained in connection therewith
by federal, State, or local law, order, regulation or rule.
(Source: P.A. 80-1371.)
(65 ILCS 90/16) (from Ch. 24, par. 1416)
Sec. 16. 
		
		The municipality shall have the authority to modify any on-site
wastewater disposal system in order to provide reasonable access to that
system for inspection and maintenance purposes.
(Source: P.A. 80-1371.)
(65 ILCS 90/17) (from Ch. 24, par. 1417)
Sec. 17. 
		
		The municipality shall be responsible for establishment of a routine
inspection program to be performed not less than once every 3 years on all
on-site wastewater disposal systems within a zone.
The municipality shall be responsible for the periodic removal and disposal
of wastes from all on-site wastewater disposal systems as necessary.  Any
such removal and disposal shall be performed in accordance with the provisions
of the "Private Sewage Disposal Licensing Act", approved September 12, 1973,
as amended, as well as other applicable statutes, laws and ordinances.
(Source: P.A. 80-1371.)
(65 ILCS 90/18) (from Ch. 24, par. 1418)
Sec. 18. 
		
		Not less than 30 days prior to the date of the routine inspection
or routine maintenance of an on-site wastewater disposal system, the municipality
shall notify the owner of the property and the resident of the property
that the inspection or maintenance will occur.
(Source: P.A. 80-1371.)
(65 ILCS 90/19) (from Ch. 24, par. 1419)
Sec. 19. 
		
		Not less than 60 days prior to the date of the performance of
any work other than an annual inspection or routine maintenance, a municipality
shall provide notice of the following to the owner of property and the resident
of the property on which the work will be performed:
(a) a description of the deficiency which necessitates the work;
(b) a description of the entire work to be performed;
(c) an estimate of the length of time needed to complete the work; and
(d) the proposed date for beginning of the work.
The municipality shall proceed to perform the work at the end of the 60
day  notice period.
(Source: P.A. 80-1371.)
(65 ILCS 90/20) (from Ch. 24, par. 1420)
Sec. 20. 
		
		The municipality shall be authorized to enter upon private property
and perform all reasonable corrective actions necessary to remedy
an emergency condition creating an immediate danger to health.
(Source: P.A. 80-1371.)
(65 ILCS 90/21) (from Ch. 24, par. 1421)
Sec. 21. 
		
		The municipality shall prepare and retain for public inspection
records of all inspections, routine maintenance work, and sludge disposal
as well as any other work performed within a zone.
(Source: P.A. 80-1371.)
(65 ILCS 90/22) (from Ch. 24, par. 1422)
Sec. 22. 
		
		If a property tax is levied, the tax shall be extended by the
county clerk in the wastewater disposal zone in the manner provided by the
Property Tax Code based on assessed values as
established pursuant to the Property Tax Code. In
such case, the municipality shall file a certified copy of the ordinance
creating the wastewater disposal zone, including an accurate map thereof, with
the county clerk.  In addition, the corporate authorities shall file a
certified copy of each ordinance levying taxes in the wastewater disposal zone
on or before the third Tuesday of September of each year and shall file a
certified copy of an ordinance authorizing the issuance of bonds and providing
for a property tax levy therein by December 31 of the year of the first levy.
(Source: P.A. 88-670, eff. 12-2-94.)