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SB 3910

DISTRICT-TREATED WASTEWATER

104th Regular Session Introduced by Julie Morrison

SB3910 lets Illinois sanitary districts sell or accept treated wastewater with private entities within 50 miles (30-year max) and requires EPA to create a wastewater sale permittin

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Bill Summary · SB 3910

Bill overview

  • Bill: SB3910
  • Session: 104th General Assembly (Illinois)
  • Introduced: February 6, 2026
  • Sponsor: Sen. Julie A. Morrison (co-sponsor listed)
  • Title: DISTRICT-TREATED WASTEWATER
  • Effective date: Immediate upon enactment

Main purpose and intent

SB3910 broadens the ability of sanitary districts and certain related districts to engage in private arrangements involving treated wastewater. It expands existing authority beyond a select few districts to cover all districts organized under multiple Sanitary District Acts. Key elements include allowing districts to:
- Sell, convey, or disburse treated wastewater to private entities within 50 miles of the district’s boundaries (with a 30-year limit on such agreements for most districts).
- Accept wastewater for treatment from private entities within 50 miles.
- Acquire real property (by gift, grant, purchase, etc.) necessary to carry out these powers.
- Establish a permit process for selling treated wastewater, to be created by the Environmental Protection Agency (EPA) within one year of the act’s effective date.

Key provisions and changes

  • Expands private wastewater agreements:

    • Sanitary Districts formed under the following Acts may enter into private wastewater agreements:
    • Sanitary District Act of 1907
    • Sanitary District Act of 1917
    • Metro-East Sanitary District Act of 1974
    • Eastern Will Sanitary District Act
    • North Shore Water Reclamation District Act
    • Agreement scope:
    • Sell, convey, or disburse treated wastewater to a private entity within 50 miles of the district’s boundaries.
    • Agreement duration: up to 30 years (previously, some sections allowed 20 or 9-30 years depending on district; multiple sections are harmonized to 30 years in most cases).
    • Accept wastewater for treatment from private entities within 50 miles.
    • Capital assets: Districts may acquire real property by gift, grant, purchase, or other means to support these powers.

  • Permit requirement for sale of treated wastewater:

    • Adds new Section 40.4 to the Environmental Protection Act.
    • Within one year after the amendatory Act’s effective date, the Illinois Environmental Protection Agency (EPA) must establish a process for sanitary districts to obtain a permit to sell treated wastewater.

  • District-specific amendments:

    • Sanitary District Act of 1907 (Section 14.5): Similar authorization for private wastewater sales/receipts, restricted to within 50 miles, with a 30-year maximum term; property acquisition authority included.
    • Sanitary District Act of 1917 (Section 7.9): Prior practice allowing Decatur and Bloomington/Normal Districts is expanded to all districts; permits still subject to Pollution Control Board orders; term limit aligns with 30 years (previously up to 9-30 years depending on entity).
    • North Shore Water Reclamation District Act (Section 7): Maintains broad wastewater treatment and disposal authorities; adds ability to enter agreements selling wastewater within 50 miles; retains Pollution Control Board oversight.
    • Metropolitan Water Reclamation District Act (Section 7i): Extends similar private wastewater agreements within 65 miles; 30-year maximum; allows acceptance from private entities within 50 miles.
    • Sanitary District Act of 1936 (Section 12.2): Adds private wastewater agreements within 24-50 miles; 30-year maximum; property acquisition authority.
    • Metro-East Sanitary District Act of 1974 (Section 2-5.5): Private wastewater agreements with a 30-year maximum; within 50 miles for acceptance; property acquisition authority.
    • Section 25 addition to Eastern Will Sanitary District Act: Private wastewater agreements within 50 miles; 30-year maximum; property acquisition authority.

  • Public/private use and regulatory oversight:

    • The bill continues to require any use of treated wastewater to be subject to Pollution Control Board orders and applicable environmental regulations.
    • Provisions emphasize not requiring sanitary districts to provide universal service to all residences and clarifications to avoid conflict with other water supply mandates.

Who would be affected

  • Sanitary districts organized under the Act (1907, 1917, 1936, 1974, 1905 Metro-East, Eastern Will): New authorities to engage in private wastewater sales/receipts within 50 miles of district boundaries.
  • Private entities within 50 miles of district boundaries that may enter into agreements to receive treated wastewater or have wastewater sent for treatment.
  • Property owners and developers within districts’ service areas, who may see increased property transactions or acquisitions to support wastewater treatment facilities.
  • Illinois EPA (Environmental Protection Agency): Responsible for establishing the permit process for sale of treated wastewater within one year of enactment.
  • Pollution Control Board: Maintains oversight over wastewater discharges and usage, including any new or adjusted rules governing treated wastewater.

Procedural and timeline aspects

  • Effective date: Immediate upon enactment.
  • EPA permitting process: To be established within one year after the act becomes law.
  • Agreement durations: Generally limited to 30 years for private wastewater sales/receipts; some existing statutes previously allowed up to 20 or other terms—but SB3910 standardizes to 30 years in most sections.
  • Geographic scope: Private wastewater agreements limited to within 50 miles of district boundaries (with certain Act-specific variations permitting longer distances for some districts, e.g., up to 65 miles in the Metro-East/Metropolitan context).

Summary of potential impact

  • Expanded revenue and operational flexibility for sanitary districts through wastewater sales to private entities.
  • Increased potential use and reuse of treated wastewater, potentially easing disposal burdens and expanding water resource management options.
  • Creation of a formal permitting framework to regulate wastewater sales, aiming to ensure environmental and public health protections.
  • Regulatory alignment across multiple district acts to standardize private wastewater agreements, while preserving board and Pollution Control Board oversight.

Note: This summary reflects the introduced text and provisions as filed. If enacted, further regulatory rules and implementing guidance would shape practical application.

Compiled from official sources — confirm details with the bill’s official record.

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