Title
Ordinance amending the Intergovernmental Agreement establishing the Solid Waste Agency of Lake County, Illinois.
Staff Summary
• The Solid Waste Agency of Lake County, Illinois (SWALCO), was formed in 1991 by Intergovernmental Agreement (IGA).
• Lake County adopted this agreement and has been and remains a member of SWALCO.
• The SWALCO Board approved an amendment to the IGA at its meetings on April 9, 2026, with the following changes:
o Alternate Director is no longer required to be a full-time employee, in an executive level position.
o Chairman of the Board of Directors shall also serve as the Secretary and Treasurer of the Board of Directors.
o Chairman of the Board shall be appointed as a voting member of the Executive Committee.
o Amendments to the IGA shall be approved by a two-thirds vote of the members within 90 days of changes approved by Board of Directors.
• The original agreement provides that any amendment to the agreement requires written approval of each member of SWALCO and must be authorized by written ordinance and approved, and as such, Lake County is required to adopt the amendment.
Body
ORDINANCE
WHEREAS, the Solid Waste Agency of Lake County, Illinois (the “Agency”), was formed in 1991 by Intergovernmental Agreement (IGA); and
WHEREAS, the County of Lake, having duly adopted an Ordinance approving the IGA and joining the Agency, has been and remains a member in good standing of the Agency; and
WHEREAS, by its original terms, the IGA provides that any amendment requires the written agreement of each and every Member of the Agency pursuant to authority granted by a duly enacted Ordinance of each Member.
NOW, THEREFORE, BE IT ORDAINED, by this County Board of Lake County, Illinois, as follows:
SECTION ONE: Sections 8.3, 8.5, 8.9 and 11 of the Agreement establishing the Solid Waste Agency of Lake County, Illinois are hereby amended and shall read as follows (additional language marked by underline; deleted language marked by strikethrough):
Section 8.3. Governance - Any Member may appoint one or more persons to serve as the Alternate Director. Any such appointee shall meet the qualifications for office as a Director established in paragraph 8.2, except in the case where a Member is unable to appoint such an appointee because it is impracticable because of size or time commitments. In that case a Member may appoint an Alternate Director who was its immediate past mayor or village president or is a full time employee in an executive level position an employee with the Member. An executive level position is generally intended to mean a person who is a department head or equivalent. The Alternate Director may attend any meeting of the Board of Directors and may vote as a Director in the absence of the Director from that Member or if there is a vacancy in the position of Director from that Member. The term of the Alternate Director shall be the same as the term of the Director from the appointing Members, Except as provided in paragraph 8.4, a person serving as the Alternate Director shall serve until his or her term expires and thereafter until the successor is appointed.
Section 8.5. Governance - The Board of Directors shall elect one Director to serve as Chairman and another Director to serve as Vice-Chairman. The Chairman shall preside at all meetings of the Board of Directors and shall serve as the Secretary and Treasurer of the Board of Directors. The Vice-Chairman shall preside over meetings of the Board of Directors in the Chairman’s absence. The Board of Directors shall elect other persons, who need not be Directors, to the positions of Secretary and Treasurer and may elect other persons, who need not be Directors, to such other offices as the Board shall determine.
Section 8.9. Governance - There is established an Executive Committee of the Agency. The Executive Committee shall consist of nine ten (10) Directors. The Executive Committee shall be selected by vote of the Board of Directors of the Agency. The Executive Committee shall include the Director from the County of Lake and the Chairman of the Board of Directors as permanent members, and two (2) persons who are Directors from Members in good standing, having a population of more than 30,000 persons. Population shall be determined on the basis of the most recent federal census as reported in the Illinois County and Municipalities, dated June 1, 1989, or as thereafter updated, and published by the Secretary of the State of Illinois. The remaining six (6) persons shall be elected from the remaining Directors of Members in good standing, without regard to population.
Section 11. Amendment - This Agreement may be amended by written agreement of two-thirds (2/3) of all Members, authorized by ordinances adopted by their respective corporate authorities within 90 days of a proposed amendment being approved by the Board of Directors, certified copies of which shall be filed with the Secretary of the Agency. Promptly upon their being any amendment to this Agreement, the Secretary of the Agency shall cause a copy of this amendment to be filed in the office of the Secretary of State, Index Division.
SECTION TWO: All ordinances or parts of ordinances in conflict herein are expressly repealed.
SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.
DATED at Waukegan, Illinois, on September 8, 2026.