Sec. 0.01. Service to areas with contaminated or tainted water.

392 words·~2 min read·/il/chapter-70/act-3720/0-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding the terms of a water supply contract existing on the effective date of this amendatory Act of the 93rd General Assembly, a municipality with a water supply contract with a county water commission must provide water to territories outside that municipality, provided that the territory to be served currently receives well water that is tainted or contaminated. The home county board must find that the water supply in such territory is tainted or contaminated such that the health of persons served in that territory is likely to be adversely affected now or in the future. The county water commission shall determine which municipality in the home county is most appropriate for supplying water to the territory with the contaminated wells within 30 days of a county board finding that there is a tainted or contaminated water supply.

The municipality shall provide access to water for such territory no later than 90 days after the county water commission has determined by resolution that the municipality is the most appropriate municipality for providing access to water for the territory. "Access to water" includes access through the municipal main, but the municipality need not otherwise provide infrastructure to deliver water from the municipal main. The municipality may sell water to such territory at a rate higher than the rate charged to municipal customers, in accordance with existing law.

(b)Unless otherwise provided by law, property in unincorporated territory receiving water pursuant to subsection

(a)of this Section shall not be annexed without consent of the owner of the property. A municipality's furnishing water pursuant to subsection

(a)of this Section may not be conditioned on an agreement to annex. "Owner" for the purpose of this subsection is any person or persons in title, or in the case of property owned in trust, having the beneficial ownership of such property, who owned the property on the date water is first so received pursuant to subsection

(a)of this Section. Upon transfer of ownership of such property, the municipality may annex it by ordinance.

(c)This amendatory Act of the 93rd General Assembly is a limitation under subsection

(i)of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.