Illinois Compiled Statutes
Chapter 30 - FINANCE
30 ILCS 405/ - Anti-Pollution Bond Act.

(30 ILCS 405/1) (from Ch. 127, par. 451)
Sec. 1.


This Act shall be known and may be cited as the "Anti-Pollution Bond
Act".

(Source: P.A. 76-2460.)
 
(30 ILCS 405/2) (from Ch. 127, par. 452)
Sec. 2.

The State of Illinois is authorized to issue and sell and
provide for the retirement of bonds of the State of Illinois to the amount of
$599,000,000 for the purpose of providing funds for
use in this State for
the protection of the environment through the control of water pollution.

(Source: P.A. 83-1490.)
 
(30 ILCS 405/3) (from Ch. 127, par. 453)
Sec. 3.

The issuance, sale and retirement of bonds authorized by this Act shall
be under the general supervision and control of the Environmental
Protection Agency, hereinafter called the "Agency", created by the
"Environmental Protection Act", enacted by the 76th General Assembly.
The bonds shall bear interest payable annually or semi-annually, from
their date, at the rate of not more than 7% per annum. The bonds shall be
serial bonds and be dated, issued and sold from time to time in such
amounts as may be necessary to provide funds for the protection of
environment within this State as provided by Section 4 of this Act. Each
bond shall be in the denomination of $1,000 or some multiple thereof, and
shall be made payable within 25 years from its date. These bonds shall be
signed by the Governor and attested by the Secretary of State under the
seal of the State and countersigned by the State Treasurer
or by his duly authorized deputy.
The signatures
of the Governor and the Secretary of State may be lithographed facsimile
signatures. Interest coupons with lithographed facsimile signatures of the
Governor, Secretary of State and State Treasurer may be attached to the
bonds. The fact that an officer whose signature or facsimile thereof
appears on a bond or interest coupon no longer holds such office at the
time the bond or coupon is delivered shall not invalidate such bond or
interest coupon.
Pending the preparation and execution of any such bonds, temporary bonds
may be issued with or without interest coupons. The bonds shall be sold to
the highest and best bidders, for not less than their par value, upon
sealed bids. The Agency shall, from time to time as the bonds are to be
sold, advertise in at least 2 daily newspapers, one of which is published
in the City of Springfield and one in the City of Chicago, for proposals to
purchase the bonds. Each of such advertisements for proposals shall be
published at least 10 days prior to the date of the opening of the bids.
The Agency may reserve the right to reject any and all bids. The bonds may
be made registerable as to principal with the State Treasurer. The bonds
shall be deposited with the State Treasurer, and when sold the proceeds of
the bonds shall be paid into the State Treasury and kept in a separate fund
which shall be known as the Anti-Pollution Fund, which separate fund is
hereby created.

(Source: P.A. 79-1.)
 
(30 ILCS 405/4) (from Ch. 127, par. 454)
Sec. 4.

(a) The proceeds from the sale of bonds issued pursuant to this Act shall be
used by and under the direction of the Environmental Protection Agency, or
any successor agency, subject to appropriation by the General Assembly, in
such amounts, at such times and for such purpose as the Agency deems
necessary or desirable for the planning, financing and construction of
municipal sewage treatment works and solid waste disposal facilities.
(b) Subject to paragraph (a) the proceeds of the sale of such bonds
shall be used for the rehabilitation and replacement of a structurally unsound
interceptor sewer which presents an imminent health hazard, and emergency
action is necessary to restore the integrity of the sewer in order to preserve the
public health and safety. In determining whether to use the proceeds from
the sale of bonds as provided in this paragraph, the Environmental Protection
Agency shall assure that the sewer replacement project meets the following requirements:
(1) The sewer facility should have exceeded its useful life, defined as:
(i) 50 years - for wastewater conveyance structure.
(ii) 30-50 years - for other structures (treatment plant related).
(iii) 15-20 years - for process equipment.
(iv) 10-15 years - for auxiliary equipment.
(2) The sewer facility is a primary intercepting or outfall sewer necessary
to the integrity and performance of the wastewater disposal system serving
the community.
(3) The sewer facility requires major rehabilitation or replacement to
maintain its integrity and performance.
(4) The sewer serves the wastewater disposal needs of a significant portion
of at least 2 separate units of local government or political jurisdictions.
(5) The sewer serves an area in excess of 2,000 acres and supports a population
of not less than 15,000 people.
(6) The majority of the sewer's length underlies a state or federal highway
and threatens the use of such highway.
(7) The sewer's collapse would threaten the safety and well-being of both
the residential and transient population of the community.
(8) A sewer system evaluation survey has been completed which identifies
the major rehabilitation need associated with the sewer facility.

(Source: P.A. 82-383.)
 
(30 ILCS 405/4a) (from Ch. 127, par. 454a)
Sec. 4a.
(Repealed).

(Source: P.A. 81-1111. Repealed by P.A. 92-790, eff. 8-6-02.)
 
(30 ILCS 405/5) (from Ch. 127, par. 455)
Sec. 5.


The State Treasurer may, with the approval of the Governor, invest and
reinvest, at the existing market price and in any event not to exceed 102%
of par plus accrued interest, any money in the Anti-Pollution Fund in the
State treasury which, in the opinion of the Governor communicated in
writing to the State Treasurer, is not needed for current expenditures due
or about to become due from such fund, in direct and general obligations of
the United States Government. The cost price of all such obligations shall
be considered as cash in the custody of the State Treasurer, and such
obligations shall be conveyed at cost price as cash by the State Treasurer
to his successor. The money in the Anti-Pollution Fund in the form of such
obligations shall be set up by the State Treasurer as a separate account of
such fund and shown distinctly in every report issued by him regarding fund
balances.
All earnings accruing upon any such investment shall be paid into the
Anti-Pollution Bond Retirement and Interest Fund. All of the moneys
received from the sale or redemption of such investments shall be replaced
in the Anti-Pollution Fund.

(Source: P.A. 76-2460.)
 
(30 ILCS 405/6) (from Ch. 127, par. 456)
Sec. 6.


To the extent that funds are available in the General Revenue Fund of
the State, the General Assembly is authorized to direct the transfer, from
time to time from the General Revenue Fund to the Anti-Pollution Bond
Retirement and Interest Fund which separate fund in the State treasury is
hereby created which when added to money received by such fund from other
sources will be sufficient to pay the principal of and interest on the
bonds provided for by this Act, as the same become due, and to the extent
such transfer of funds is authorized by the General Assembly for that
purpose, the taxes levied for the payment of the principal of and interest
on such bonds as provided by Section 7 of this Act shall be abated.

(Source: P.A. 76-2460.)
 
(30 ILCS 405/7) (from Ch. 127, par. 457)
Sec. 7.


Each year, after this Act becomes fully operative, and until all of the
bonds issued as herein provided have been retired, there is levied a direct
annual tax upon all real and personal property in this State subject to
taxation for such amount as shall be necessary and sufficient to pay the
interest, as it shall accrue, on all bonds issued under this Act and also
to pay and discharge the principal of such bonds at par value, as such
bonds fall due; and the amounts of such direct annual tax shall be
appropriated for that specific purpose.
The proceeds of this tax shall be paid into the Anti-Pollution Bond
Retirement and Interest Fund in the State treasury.
The required rate of direct annual tax shall be fixed each year by the
officers charged by law with fixing the rate for State taxes on the
valuation of real and personal property in this State subject to taxation
in accordance with the provisions of the statutes in such cases. If,
however, money has been transferred from the General Revenue Fund to the
Anti-Pollution Bond Retirement and Interest Fund for the same purpose for
which this direct annual tax is levied and imposed, such officers shall in
fixing the rate of the direct annual tax make proper allowance in the
amount of money so transferred and funds received from other sources in
reduction of the tax levied under this Section, and the tax levied under
this Section shall be abated in that amount.

(Source: P.A. 76-2460.)
 
(30 ILCS 405/8) (from Ch. 127, par. 458)
Sec. 8.

The proposition of whether this Act shall take effect, a debt of
$750,000,000 be contracted, bonds be issued to that amount and the
principal of such bonds be paid within 25 years of their date and the
interest thereon be paid as it accrues by levying and imposing a direct
annual tax and by authorizing the General Assembly to transfer money in the
General Revenue Fund to the Anti-Pollution Bond Retirement and Interest
Fund therefor, shall be submitted to the People of the State of Illinois at
the general election to be held on Tuesday next after the first Monday of
November, 1970, on a ballot to be substantially in the following form:

--------------------------------------------------------------
Shall the Anti-Pollution Bond Act
enacted by the 76th General Assembly,
become effective and the State of Illinois
contract a debt of $750,000,000
and issue bonds to that amount as
provided in such Act, for the purpose of
planning, financing and constructing of
municipal sewage treatment works YES
and solid waste disposal facilities,
and to the extent that funds are
available in the General Revenue Fund
of the State shall the General
Assembly be authorized to direct the
transfer of funds from time to time
from that Fund to the Anti-Pollution --------------------
Bond Retirement and Interest Fund
sufficient to pay the principal of
and interest on the bonds provided for
by that Act, and to the extent that said
funds are insufficient to pay the
interest and discharge the principal
of such bonds, shall the State of
Illinois levy annually a direct tax NO
sufficient to pay the interest on and
discharge said principal with the
appropriate officers fixing the rate of
that direct annual tax, making proper
allowance for the amount of money so
transferred in reduction of the taxes to be
levied and abate such tax in that amount?

--------------------------------------------------------------
Such ballot shall be separate from all others used at such election, and
shall be printed on paper that is white in color.
Notice of the submission of the proposition shall be given by the
various county clerks, the ballots canvassed and returned, abstracts of the
vote made and submitted, the votes canvassed and declaration of the result
made in the same manner as is provided by Sections 3, 5, 6 and 7 of "An Act
to provide the manner of proposing amendments to the constitution, and
submitting the same to the electors of this State", approved March 14,
1877, as amended, in case of the submission of a proposed constitutional
amendment.

(Source: P.A. 76-2460.)
 
(30 ILCS 405/9) (from Ch. 127, par. 459)
Sec. 9.


The Secretary of State shall cause publication of this Act to be made,
once each week, for 3 months at least before the vote of the people is
taken on this Act, in at least 2 daily newspapers, one of which shall be
published in the City of Springfield and the other in the City of Chicago.
The Secretary of State may make additional publications in other counties
as in the case of a constitutional amendment.

(Source: P.A. 76-2460.)
 
(30 ILCS 405/10) (from Ch. 127, par. 460)
Sec. 10.


If any Section, sentence or clause of this Act is for any reason held
invalid or to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this Act.

(Source: P.A. 76-2460.)
 
(30 ILCS 405/11) (from Ch. 127, par. 461)
Sec. 11.

This Act shall go into full force and effect upon receiving at the
general election at which it is submitted the majority of votes required
by the Constitution. The provisions of this
Act for the payment of the principal of such bonds at maturity and of
the interest thereon annually or semi-annually, as it shall accrue, by
authorizing the General Assembly to direct the transfer of funds in the
General Revenue Fund to the Anti-Pollution Bond Retirement and Interest
Fund for that purpose and by the direct annual tax upon real and
personal property which has been levied and imposed herein for that
purpose, shall be irrepealable until such debt and interest is paid in
full, and for the making of such payments the full faith and credit of
the State of Illinois is hereby pledged.

(Source: P.A. 81-1489.)
 
(30 ILCS 405/11.1) (from Ch. 127, par. 462)
Sec. 11.1.

After December 1, 1984 no additional bonds shall be issued or
sold pursuant to this Act; instead all State of Illinois general obligation
bonds shall be issued and sold pursuant to the "General Obligation Bond Act."

(Source: P.A. 83-1490.)
 
(30 ILCS 405/13) (from Ch. 127, par. 463)
Sec. 13.


The "Pure Waters Development Act", approved August 14, 1967; the
"Resource Development Bond Act", approved August 14, 1967; "An Act creating
the Pure Waters Board and defining its powers and duties", approved August
14, 1967, and the "Natural Resources Development Bond Act", approved July
30, 1968, are repealed.

(Source: P.A. 76-2460.)

Structure Illinois Compiled Statutes