65 ILCS 90/0.01
(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
65 ILCS 90
in effect65 ILCS 90/1
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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.)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026