Chapter 38 – Utilities

CHAPTER 38

WATER AND SEWER UTILITIES

ARTICLE I – DEPARTMENT ESTABLISHED

38-1-1 DEPARTMENT ESTABLISHED. There shall be an executive department of the Village known as the Water and Sewer Department. It shall include the Water and Sewer Superintendent and employees of the Department. The designated office shall be the Village Hall.

38-1-2 WATER AND WASTEWATER COMMITTEE. The Village Superintendent shall exercise a general supervision over the affairs of the Departments. He shall ascertain the condition and needs thereof; and shall, from time to time, report the same to the Mayor and Village Board so that a full understanding thereof shall be had; and generally, shall do all acts necessary to promote the efficiency of the Departments.

38-1-3 SUPERINTENDENT. The Superintendent of the Water and Sewer Departments shall be subject to the supervision of the Village Board and shall be hereinafter be referred to as the “Superintendent”. The Superintendent shall be appointed by the Mayor, by and with the advice and consent of the Village Board and shall hold office until his successor is appointed and qualified. He shall receive such salary as may be provided by ordinance.

38-1-4 DUTIES OF THE SUPERINTENDENT. The Superintendent shall exercise general management and control over his respective department.

(A) He shall supervise over and be responsible for the conduct and performance of all employees of the department as a Department Head in accordance with the Personnel Code, if any.

(B) He shall be responsible for the operation and maintenance of the Village ‘s water system and sewer system as provided in this Code.

(C) He shall be the custodian of all vehicles, equipment, structures, and property provided by the Village for the use of his department.

(D) He shall enforce the provisions of this Chapter and make such inspections, measurements, and tests as necessary for that purpose.

(E) He shall perform such other duties as may be assigned to him by the provisions of this Code or by the Village Board.

ARTICLE II – RATES AND REGULATIONS

38-2-1 CONTRACT FOR UTILITY SERVICES.

(A) Customer Accepts Service. The rates, rules and regulations contained in this Chapter shall constitute and be considered a part of the contract with every person, company or corporation who is supplied with water and sewer services from the waterworks and sewer system and every person, company or corporation, hereinafter called a “customer” who accepts and uses Village water and sewer services shall be held to have consented to be bound thereby.

(B) Not Liable for Interrupted Service. The Department shall endeavor at all times to provide a regular and uninterrupted supply of service, however, in case the supply of service shall be interrupted or irregular or defective or fail from causes beyond its control or through ordinary negligence of employees, servants or agents, the Departments shall not be liable therefor.

(C) Using Services Without Paying. Any person using utility services from the Village without paying therefor, or who shall be found guilty of breaking the seal of any meter or appurtenances, or bypassing any meter, shall be guilty of violating this Code, and upon conviction, shall be fined a sum as provided in Section 1-1-20 of the Revised Code.

(D) Destroying Property. Any person found guilty of defacing, tampering, injuring or destroying, or in any manner, limiting the use or availability of any meter or any property of the waterworks system and sewer system, or erecting signs on the property of the Department without permission shall, upon conviction of such act, be fined as provided in Section 1-1-20 of the Revised Code.

(E) Service Obtained By Fraud. All contracts for water and sewer services shall be made in the name of the head of the household, firm or corporation using the established spelling of that person’s or firm’s name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons or firms shall be considered a subterfuge and service shall be denied. If service has been discontinued because of nonpayment of bills, or any unpaid obligation and service has again been obtained through subterfuge, misrepresentation or fraud, that service shall be promptly disconnected and the whole or such part of the advanced payment as may be necessary to satisfy the unpaid obligation shall be retained by the Village and credited to the appropriate account.

(F) Failure to Receive Bill. Failure to receive a bill shall not excuse a customer from his obligation to pay within the time specified. Should the Department be unable to bill a customer for services used during any month, the following billing shall include the charges for services used during the unbilled month.

(G) Request to Discontinue Service. Services shall have been deemed to have been supplied to any property connected to the Water and Sewer Systems during a month unless the customer notifies the Village ten (10) days prior to the first day of the new billing month in which the services are to be discontinued.

(H) Billing; Utility Shut-off; Hearing.

(1) All bills for utility services shall be due and payable upon presentation which will usually be the twentyth (20th) day of the month. If a bill is not paid by the fourth (4th) day of the following month, a penalty equal to ten percent (10%) of the amount due shall be added thereto. This penalty shall be in addition to the charges heretofore established for the utility services.

(2) Any customer who fails to pay the utility bills by the fifteenth (15th) day of the month following presentation shall have the utility services disconnected after a written notice by the Village has been hand delivered or mailed by first-class mail to the customer, affording the customer an opportunity for a hearing. The aforesaid notice shall be mailed or hand delivered to the customer at the address of the utilities on the sixteenth (16th) day of said month after billing, specifically advising the customer of the following:

(a) Name and address of the customer and amount of the bill.

(b) That the customer has a right to be heard and to present evidence in his behalf if he does not agree with the amount of the bill, or if he believes that the bill has already been paid in full.

(c) That it is the customers obligation to request a hearing.

(d) That, if the customer fails to request a hearing, the utilities will be discontinued on the date of termination. If the customer requests a hearing but fails to appear at the hearing, the customers utility service will be terminated immediately without further proceedings.

(e) The date and time of termination. Said date shall be either five (5) days from the date of mailing of the aforesaid notice, or two (2) days from the date of hand delivery. Hand delivery may be accomplished by attaching the notice to the front door of the building to which the utilities in question have been supplied.

(3) If a hearing is requested, the time, date and location of the hearing shall be determined by the Mayor or the Clerk, and the customer will be notified. One of these officials shall preside over the hearing and shall make a final determination as to the rights of the consumer and the Village based on the information received at the hearing. The customer must make a request for a hearing in writing delivered to the Village Hall during working hours at a time prior to the date and time of termination given in said notice; otherwise, the disconnection shall occur as scheduled without further notice.

(4) The customer shall be notified within two (2) working days of the decision rendered by the hearing officer. If the service is to be discontinued, a date and time will be set out in the notice to terminate the service or services of the customer. Notice of the hearing officer’s decision shall be made by first-class mail or by hand delivery as herein described.

(5) If the hearing officer decides in favor of the Village, the Village shall have the right to discontinue the customer’s utility services. Should the customer fail to appear at the

hearing, or should the notice be returned non-accepted, then the Village shall also have the right to terminate the customer’s utility services without further proceedings.

(6) If the customer who has been notified for nonpayment of utility bills is not the owner of record, then the Village shall also notify the owner of the property by first-class mail of the possible disconnection.

(7) Billing, Payment, Disconnection and Reconnection Procedures: Notwithstanding any other provision of this Municipal Code, the following conditions, restrictions and procedures shall apply in all cases.

[1] A disconnection and the filing of a lien may occur under any and all circumstances for a delinquent, unpaid utility bill as provided herein, regardless of whoever may be in possession of the subject premises at the time of disconnection, even if the premises in question was sold, leased or rented to some person other than the existing account holder at a time when said account holder was not delinquent in the payment of his utility account. After shutoff has occurred, the utilities services shall not be reconnected for any reason except upon payment of all utility bills and charges owed upon the property in question, together with any service reconnection charge that may be due as provided by village ordinance. All utilities charges for services provided to a premises shall be a personal obligation, on a joint and several basis, of both the current account holder and the actual owner of the premises. However, a current account holder who is not an actual owner of the premises, who is also vacating the premises, and who has not authorized some other person other than the actual owner of said premises to take possession of the property, may request that the village authorities shutoff the utilities services and terminate his account as of the date of his vacating of the premises, and thereby shall not be liable for any charges for utilities services provided thereafter said date.

[2] In the case of a change in occupancy of the premises, regardless of whether there are past due utilities for said premises, the new occupant (i.e. the new proposed account holder) shall not be charged with nor be required to pay the amounts due resulting from the prior occupancy, but nevertheless the utilities services shall not be placed into the new occupants name as account holder nor shall any disconnected utilities be reconnected until the Village receives payment from whatever source of all amounts and charges due, whether delinquent or not, for all utilities services provided to date to the premises under the old occupants account, together with any service reconnection charge that may be due as provided by village ordinance if the utility service has already been disconnected. If the new occupant takes possession of the premises without switching the utilities account into the new occupants name, any utilities used thereafter shall be a personal obligation chargeable to and due and payable by, on a joint and several basis, the old occupant if he authorized the new occupant to take possession, the new occupant, and the actual owner of said premises, and the utilities shall in all instances be subject to all shutoff, lien and reconnection procedures if the utilities become delinquent, regardless of who owns or occupies the property at the time of the disconnection. All persons who own or hold an interest in real estate within the Village limits or in real estate which is provided Village utilities services shall inform and give notice to any person desiring to purchase, lease or rent such real estate of the requirements and restrictions of this Subparagraph 7 of Paragraph (H) of Section 38-2-1, and this duty to so inform and give notice shall be deemed a provision of every contract, whether written or oral, for the purchase, leasing or renting of such real estate located within the Village limits or which is provided Village utilities services. All persons taking ownership or possession of any real estate located within the Village limits or of real estate which is provided Village utilities services shall take subject to the provisions of this Article. The Village Clerk shall provide a computation of the utilities charges due to date for any premises served by a Village utility system upon the request of any person interested in purchasing, leasing or renting such premises. A copy of the Ordinance establishing this Subparagraph 7 of Paragraph (H) of Section 38-2-1, properly certified by the Village Clerk, shall be recorded in the Office of the Recorder of Clay County, Illinois and shall be deemed additional notice, separate from the normal publication of ordinances by pamphlet procedure, given to all owners of or holders of an interest in any real estate located as above described and also to all persons interested in purchasing, leasing or renting any real estate located as above described, of the requirements and restrictions of this Subparagraph 7 of Paragraph (H) of Section 38-2-1 of the Village of Louisville, Illinois. This requirement of recording said ordinance shall be considered directory only and not mandatory, and it shall not be considered as establishing any requirement or policy that any future ordinances or amendments to ordinances, including this ordinance, lawfully passed by village authorities, must also be recorded in said Recorders Office. (Ord. No. 622, 4/10/2008)

[3] The fee to reconnect a disconnected water service shall be Twenty-Five Dollars ($25.00), plus any expenses incurred in the actual physical reconnection of the water service. Similarly, the fee to reconnect a disconnected sewer service shall be Twenty-Five Dollars ($25.00), plus any expenses incurred in the actual physical reconnection of the sewer service.

(8) A delinquent account for water and sewer utility charges shall be considered a delinquent account for gas utility services, and any disconnection made by the Village under this Paragraph (H) shall be made for all utility services supplied to that location; however, no gas service furnished to residential users shall be terminated for nonpayment of bills on (i) any day when the National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 20 degrees Fahrenheit or below; or (ii) any day preceding a holiday or weekend when such a forecast indicates that the temperature will be 20 degrees Fahrenheit or below during the holiday or weekend.

(Ord. No. 584, 7/26/2006; Ord. No. 622, 4/10/2008)

(I) Lien Notice. Whenever a bill for utility services remains unpaid for sixty (60) days after it has been rendered, the Clerk shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the municipality claims a lien for this amount to the period covered by the bill.

If the consumer of utility services whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, then notice shall be mailed to the owner of the premises if his address is known to the Clerk whenever such bill remains unpaid for a period of thirty (30) days after it has been rendered.

The failure of the Clerk to record such lien or to mail such notice, or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid utility bills as mentioned herein.

(J) Foreclosure of Lien. Property subject to a lien for unpaid utility charges may be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the Village.

The Village Attorney is hereby authorized to institute such proceedings in the name of the Village in any Court having jurisdiction over such matters against any property for which the bill for utility services has remained unpaid ninety (90) days after it has been rendered. (Ord. No. 310; 1977 in part)

38-2-2 CONSUMER LISTS.It is hereby made the duty of the Clerk to prepare or cause to be prepared a complete and accurate list of all premises and properties receiving utility services, showing the name and address of the occupant and the owner of the same. The list shall be kept up-to-date, and shall be corrected from time to time to allow changes in the occupancy or ownership of any such property or premises. It shall be presented at the regular monthly meeting if requested.

38-2-3 LIABILITY FOR CHARGES. The owner of any lot, parcel of land or premises and the user of the services shall be jointly and severally liable for the payment of the services to such lot, parcel of land or premises, and all services are rendered to the premises by the Village only on the condition that such owner, occupant and user shall be jointly and severally liable therefor to the Village. (Ord Nos. 309 and 310; 1977)

38-2-4 ESTIMATED CHARGE. Whenever any meter, by reason of its being out of repair or from any cause fails to properly register the utilities passing through the same, the consumer shall be charged the average charge of the previous three (3) months usage. If no record of the previous three (3) months exists, then it shall be the duty of the Clerk to estimate the amount of utilities consumed during the time the meter fails to operate and the consumer shall be charged with such estimated amount. Bills may be estimated whenever it is impossible to read the meters during inclement weather.

38-2-5 NO FREE UTILITY SERVICE. No free utility service shall be furnished to any person, public or private, and all rates and charges shall be non-discriminatory, provided that the Mayor and Village Board reserve the right to impose special rates and charges in cases where particular circumstances render the regular rates inadequate or unjust.

38-2-6 SUPPLYING SERVICES TO OTHER PARCELS. It shall be unlawful for any owner or resident of any parcel of real estate in the Village to supply any other parcel of real estate or household with water, sewer or gas utilities by any means from that owner’s or resident’s said parcel. In addition, it shall be unlawful for any owner or resident of any parcel of real estate to utilize the Village’s sewage system without said parcel being lawfully supplied with water by the Village. (Ord. No. 521; 06-11-02)

38-2-7 WATER AND SEWER UTILITY PAYMENT DEPOSITS.

(A) Property Owners. The owners who own the land and building thereon shall not be required to make a deposit for the payment of water and sewer utilities.

(B) Renters and Other Occupants. Renters and other occupants, who rent or otherwise occupy the building or land upon which a meter is located, including any person or entity purchasing the land on contract for deed, but not including any governmental entity which is renting or otherwise occupying a building or land which it does not own, shall make the following deposits for the payment of water and sewer utilities, said deposits to be made before obtaining connection to said utilities:

Water $50.00

Sewer 50.00

(Ord. No. 584, 7/27/2006)

(C) Refund Policy. In the event the renter pays the utility bills for thirty-six (36) consecutive months with no late payments, the deposit or deposits for water and sewer utilities shall be returned to the renter.

(D) Disconnection Policy. If any service is disconnected a second time in any calendar year, regardless of whether the renter or other occupant has a utility deposit with the Village, prior to reconnection that person shall deposit with the Village an amount that is double the normal deposit amount for that service. As to any landowner who has the service disconnected a second time in any calendar year, prior to reconnection the landowner shall make the normal utility deposit. The deposit described in this Section shall remain with the Village until such time as the accountholder has paid the utility bills for thirty-six (36) consecutive months with no late charges.

(E) Security for Payment – No Interest. The deposits made under the provisions of this Chapter shall be held by the Village as security for the payment of utility services used by the applicant upon the premises to which his application pertains, and may be so applied when any default is made in the payment in the utilities bill in accordance with this Chapter. The depositor shall earn no interest on the deposit.

ARTICLE III – WATER SYSTEM

DIVISION I – GENERAL REGULATIONS

38-3-1 APPLICATION FOR TAPS AND SERVICE CONNECTIONS TO THE WATERWORKS SYSTEM. An applicant desiring a water tap or service connection with the Waterworks System of the Village shall file a written application at the Village Hall, signed by the owner of the property for which the tap or service connection is desired, or by the duly authorized agent of such owner. The application shall be accompanied by payment of the fee hereinafter prescribed to cover the cost of such service connection. In the event the application is made by an agent for the owner, then the application shall also be accompanied by the written authority of the owner to the agent for the making of the application.

38-3-2 ALL SERVICE TO BE BY METER. All water service, whether for domestic, commercial or industrial use shall be metered. All meters shall be so placed and installed as to render the same accessible at all times for the purpose of reading or repairing and so as to be free from danger of freezing. Meters outside of a building shall be set in a suitable meter box approved by the Water and Sewer Committee. Water shall not be turned on for new connections until the meter has been installed and all other requirements of this Chapter on the part of the property owner have been fully complied with.

38-3-3 INSPECTION.

(A) Access to Premises. The Village shall have access to all portions of the premises of the consumer at any reasonable time for inspection of the use of water and the consumer’s pipe, fixtures, plumbing, and any other apparatus in any manner connected to the Waterworks System of the Village. The Village shall have the right and option to demand change or stopping of use or to require any repair, change, removal or improvement of any pipe, fixture, plumbing or other apparatus that would in any manner affect the water supply or system of the Village or the supply or fixtures of other consumers.

(B) Meters to be Open to Inspection. All water meters and water fixtures, connections and appurtenances on private property connected with the Waterworks System of the Village shall be open to the inspection of the proper officers and employees of the Village at all reasonable hours.

38-3-4 METER DAMAGED. Whenever a meter is found to have been damaged by hot water being forced back into it from the consumer’s hot water or heating apparatus or for any other cause within control of the consumer, the consumer shall pay the Village for the actual cost of the removal, repair, and replacement of the damaged meter and all previous water bills shall be corrected on an estimated basis to cover such period as it appears that the meter was out of order for such damage.

38-3-5 DAMAGE DUE TO INTERRUPTION OF SERVICE; LIABILITY. All connections for the water services applied for hereunder and all connections now attached to the present Village Waterworks System and all use or service of the system shall be upon the express condition that the Village will not be liable for nor shall any claim be made against it for damages or injury caused by reason of the breaking of any main, service, pipe, apparatus or appurtenance connected with the Waterworks System or for any interruption of the supply of water by reason of the breaking of machinery or by reason of stoppages, alterations or renewals.

38-3-6 RESALE. No water shall be resold or distributed by the recipient or consumer thereof from the Village supply to any premises other than that for which application has been made and the meter installed, except in cases of emergency.

38-3-7 DISCONTINUING SERVICE – DANGEROUS USAGE. The Village shall have the right to refuse water service or to discontinue water service, without notice, at any time to any consumer if the Village finds any apparatus or appliances, the operation of which will be detrimental to the water system of the Village or to any or all of its consumers. Standpipes, hydrants, gate valves and any other apparatus that cause water hammer or any danger to the water system or other customer’s plumbing shall be immediately repaired or removed upon notice from the Village or, at its option, the Village may immediately discontinue service without notice and without any liability for direct or resulting damages therefrom.

38-3-8 ELECTRIC GROUND WIRES. All persons are strictly forbidden to attach any electric ground wire to any plumbing or water piping which is or may be connected to any water service pipe, water meter, or water main belonging to the Village.

The Village shall hold the owner of the premises responsible and liable for any damage to the property or injury to the employees of the Village caused by such ground wire. Any and all owners and consumers shall remove any existing ground wires immediately upon written notice from the Village. If not so disconnected five (5) days after notice, the Village, through its officials, may enter the property and remove such ground wires and the consumer shall pay all costs.

38-3-9 WATER FOR BUILDING OR CONSTRUCTION PURPOSES. Applicants desiring to use water from the Village Waterworks System for building or construction purposes shall make application therefor to the Superintendent of the Water and Sewer Department on a form provided by the Water and Sewer Department for that purpose.

Upon a permit being granted, the service pipe shall be carried at the expense of the applicant to the inside of the curb line where a service cock and meter shall be placed with pipe leading to the surface and a faucet placed at the end thereof above the surface. When the building or construction is completed, the faucet and meter shall be removed and the water shut off unless permanent connection is made in accordance with the provisions of this Chapter. Charge for the use and connection of the meter shall be prescribed by the Superintendent of the Water and Sewer Department.

38-3-10 FIRE HYDRANTS.

(A) All public fire hydrants with gate valves, tees, and connections from the main, inside the Village Limits, shall be owned, maintained and used only by the Village and shall be solely responsible for same. Use of water from fire hydrants by contractors and others shall be only upon permission by the Village and after approved application to the Village.

(B) The Village shall not be held liable and will not assume any responsibility for the condition of any fire hydrant inside or outside of the Village Limits or the pressure or amount of water obtainable therefrom or any damage either direct or resultant because of the condition, pressure or amount of water available at any fire hydrant.

(C) All public fire hydrants located outside the Village Limits owned by the Village shall be maintained in as good order as reasonably possible, but the Village will not undertake or assume any responsibility or liability for their condition or use or abuse. Such public fire hydrants shall be used only for the purpose of extinguishing fires except when the Village may issue a special permit for their use to contractors who shall then be responsible for the hydrants and the use of water from them.

38-3-11 LIMITED WATER USAGE IN EMERGENCIES.

(A) The Mayor is hereby authorized to proclaim the existence of an emergency whenever it appears that the Village water supply is inadequate for all general uses and purposes, which proclamation shall be published in a newspaper of general circulation in the community and the Mayor is further authorized to declare in similar manner the end of an emergency period.

(B) From and after the publication of a proclamation as provided for in subsection (A) of this Section, the following uses of water shall be prohibited:

(1) the washing of cars and other vehicles; (2) the sprinkling of lawns and shrubbery;

(3) the watering of gardens;

(4) other nonessential uses;

and it shall be unlawful for any person to so use water from the Village supply during such an emergency.

38-3-12 SHORTAGE AND PURITY OF SUPPLY. The Village shall not be held responsible for or in any manner liable to any person, company, consumer or public body for any claim or damage, either direct or resultant because of any shortage of water supply, any shutoff of water for any reason, any bursting or leakage of either the consumer’s or Village ‘s mains, pipes and fixtures, any pollution or impurity in water supply or any fire or water damage.

38-3-13 NON-COMPLIANCE WITH RULES AND REGULATIONS. If any consumer fails to comply with any of the rules and regulations in force, the Village shall notify the consumer of such failure. If the consumer does not remedy the same as the rules provide and within a reasonable time, the Village shall have the right to discontinue service. Except in case of non-payment, emergency, necessity, or as otherwise provided, the Village will not discontinue service for violation of any rule until five (5) days after notice has been given and the violation has not been remedied.

38-3-14 EASEMENTS. The consumer shall give such easements and rights-of-way as necessary to the Village and allow access for the purpose of construction, repair, maintenance, meter reading, relocation or expansion of the water system. The necessity shall be determined by the Village Board.

38-3-15 USE OF WATER ON CONSUMER’S PREMISES. The Village shall reserve the right to use the water from the consumer’s facilities at any time deemed necessary. No charge shall be made by the consumer for the use of the facilities and no charge shall be made by the Village for the water used by the Village.

38-3-16 REMOVAL OF METERS. All meters shall remain the property of the department and may be removed from the customer’s premises at any time without notice for the purpose of testing and repairing the same or upon discontinuance of service. Upon discovery of any unlawful act by any customer, his agent, or employee herein prohibited or upon failure to comply with any other rules and regulations of the department, such service shall be disconnected.

38-3-17 RULES TO BECOME PART OF CONTRACT. All of the rules and regulations concerning the use of the facilities of the water system and the consumption of water shall be adopted and the same shall become part of the contract with every water consumer and every water consumer shall be considered to take water from the Village, subject thereto and bound thereby.

38-3-18 INSTALLING AND MAINTAINING SERVICE LINES. The user shall be responsible for installation and maintenance of service lines between the meter and the residence or business. Such service lines must be at least three-fourths inch (3/4″) in diameter, and must be installed at a minimum depth of three (3) feet. Service lines must have a minimum working pressure rating of 160 psi at 73.4 degrees F and must be constructed of one of the following types of materials: Copper, (Type K), polyvinyl chloride (PVC), polyethylene or polybutylene. Service lines shall not be covered until they are inspected and approved by the Superintendent.

The user shall not connect any service line or any plumbing connected with the service line to any other water source. The service line shall meet all requirements of the Illinois Environmental Protection Agency’s rules and regulations, the Illinois Plumbing Code, and the regulations in this Chapter. (Ord. No. 309; 1977)

38-3-19 ALLOCATION OF MAINTENANCE COSTS BETWEEN USER AND VILLAGE . The Village shall maintain and repair all water service pipes between the water mains and the curb lines. Any repairs to service lines or taps between the water mains and the sidewalk or property line shall be the Village ‘s expense. Any repairs or renewals of water service pipes between the property line or curb line and extending to the owner’s premises shall be made at the sole expense of the consumer or owner of the premises.

38-3-20 VILLAGE NOT LIABLE FOR INTERRUPTION OF SUPPLY. The Village shall have the right to shut off the supply of water whenever it is necessary to make repairs, improvements, enforce rules or for any notice as circumstances allow, will be given to consumers but in emergencies, the water may be shut off without notice. All hot water faucets shall be left open during any shut-off to prevent damage to plumbing. Such necessary work will be done as rapidly as may be practical and whenever feasible at such times as will cause the least inconvenience. The Village shall not be held responsible for or liable because of any shut-off of supply for any direct or resultant damages to any person, company or consumer or to any pipe, fixtures, or plumbing.

Water for steam boilers, gas engines, ice plants, or other industrial use, shall not be furnished by direct pressure from the mains, but only to tanks holding ample reserve supply. Should any equipment be supplied direct from mains, then in case of any shutoff of water, the Village will not be held responsible or liable for any direct or resulting damage because of interrupted supply, insufficient pressure, or otherwise.

Whenever water mains, pipes and service connections are taken up, shut-off or interfered with by reason of any Village street improvements, the Village will endeavor to maintain service so far as reasonably possible, but will not be directly or indirectly liable for any interruption, poor pressure, or damage of any kind either to consumers, adjacent or to other consumers affected thereby.

The Village expressly stipulates with all its consumers and other persons that it will not insure or be responsible or liable in any manner for any losses, or damages, direct or resultant by reason of any fire, and all water service furnished shall always be conditional upon acts of God, inevitable accidents, fire, strikes, riots, war, or any other cause not within the reasonable control of the Village.

38-3-21 WATER WELL PERMITS REQUIRED. It shall be unlawful to drill a water-well in the Village without the proper permits from the State of Illinois and the Village Board. All wells shall comply with the Cross-Connection Code in this Chapter. No wells shall be drilled when the property is within two hundred (200) feet of the municipal water main.

38-3-22 ABANDONED CONNECTION. Whenever any connection to the waterworks system is abandoned, because the building to which the water connection is made has been abandoned, destroyed or removed, the Superintendent may remove the meter and any pipe or connections in the public right-of-way or easement, and cap, plug or otherwise seal the pipe or main. Before taking any such steps the Superintendent shall notify the owner of the real estate if the owner’s name and address is known, and shall notify the person shown on the real estate tax records as having paid taxes on the property the last time taxes were paid. Such notice shall be made by mail, at least thirty (30) days before any action is taken under this Section. If water is leaking, the Superintendent shall take immediate action, and send the notices within three (3) working days of the time action was taken.

DIVISION II – CROSS-CONNECTION ADMINISTRATION

38-3-23 APPROVED BACKFLOW DEVICE. All plumbing installed within the Village shall be installed in accordance with the Illinois Plumbing Code, 77 Ill. Adm. Code 890. If, in accordance with the Illinois Plumbing Code or in the judgment of the Inspector, an approved backflow prevention device is necessary for the safety of the public water supply system, the Inspector shall give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, Illinois Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code, Illinois Environmental Protection Agency and local regulations.

38-3-24 CROSS-CONNECTION PROHIBITED; EXCEPTION. No person shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply enters the supply or distribution system of the Village, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Superintendent and the Illinois Environmental Protection Agency.

38-3-25 INVESTIGATIONS BY SUPERINTENDENT. It shall be the duty of the Superintendent to cause surveys and investigations to be made of commercial industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two (2) years or as often as the Inspector shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five (5) years.

38-3-26 RIGHT TO ENTER PREMISES. The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying the presence or absence of cross-connections and that the Inspector or his authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessee or occupants of any property so served shall furnish to the Inspector any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information when demanded shall, within the discretion of the Inspector, be evidence of the presence of improper connections as provided in this Chapter.

38-3-27 NOTICE TO CUSTOMER; RECONNECT FEE.

(A) The Village Clerk is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this Chapter is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this Chapter and until a reconnection fee of One Hundred Dollars ($100.00) is paid to the Village Clerk.

(B) Immediate disconnection with verbal notice can be effected when the Inspector is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Inspector or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply.

(C) The public water supply, the Inspector or the agents or assigns shall not be liable to any customer for any injury, damages or lost revenues which may result from termination of the customer’s water supply in accordance with the terms of this Chapter, whether or not said termination was with or without notice.

38-3-28 CONTAMINATIONS COST AND THE CONSUMER. The consumer responsible for backsiphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall bear the cost of clean-up of the potable water supply system.

(Ord. No. 383; 02-06-86)

38-3-29 – 38-3-30 RESERVED.

DIVISION III – CROSS-CONNECTION CONTROL CODE

38-3-31 PURPOSE. The purpose of these Rules and Regulations is:

(A) To protect the public water supply system from contamination or pollution by isolating within the customer’s water system contaminants or pollutants which could backflow through the service connection into the public water supply system.

(B) To promote the elimination or control of existing cross-connections, actual or potential, between the public or consumer’s potable water system and non-potable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable safety.

(C) To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer’s potable water systems.

38-3-32 APPLICATION. These Rules and Regulations shall apply to all premises served by the public potable water supply system of the Village.

38-3-33 RESPONSIBILITY OF OWNER. The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customers water service connection. If, in the judgment of the Superintendent or his authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises. The consumer shall immediately install such approved device or devices at his own expense; failure, refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The consumer shall retain records of installation, maintenance, testing and repair as required in Section 38-4-37(D) below for a period of at least five (5) years. The Superintendent of Water may require the consumer to submit a cross-connection inspection report to the Village to assist in determining whether or not service line protection will be required. All cross-connection inspections shall be conducted by a Cross-Connection Control Device Inspector certified by the Illinois Environmental Protection Agency.

38-3-34 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of these regulations:

“Fixed Proper Air Gap” means the unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle.

“Agency” means Illinois Environmental Protection Agency.

“Approved” means backflow prevention devices or methods approved by the Research Foundation for Cross-Connection Control of the University of Southern California, Association of State Sanitary Engineers, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation.

“Auxiliary Water System” means any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor’s public water supply system; or water from a source such as wells, lakes, or streams or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control.

“Backflow” means the backflow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply.

“Backflow Prevention Device” means any device, method, or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency.

“Consumer” or “Customer” means the owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.

“Consumer’s Water System” means any water system located on the customer’s premises. A building plumbing system is considered to be a customer’s water system.

“Contamination” means an impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard.

“Cross-Connection” means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from one system into the other.

“Direct Cross-Connection” means a cross-connection formed when a water system is physically joined to a source of unknown or unsafe substance.

“Indirect Cross-Connection” means a cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system.

“Double Check Valve Assembly” means an assembly composed of single, independently acting check valves approved under ASSE Standard 1015. A double check valve assembly and suitable connections for testing the water-tightness of each check valve.

“Health Hazard” means any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well-being of consumers. The word “severe” as used to qualify “health hazard” means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.

“Inspection” means a plumbing inspection to examine carefully and critically all materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 Ill. Admn. Code 890.

“Non-potable Water” means water not safe for drinking, personal, or culinary use as determined by the requirements of 35 Ill. Adm. Code 604.

“Plumbing” means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five (5) feet beyond the foundation walls.

“Pollution” means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

“Potable Water” means water which meets the requirements of 35 Ill. Adm. Code 604 for drinking, culinary, and domestic purposes.

“Potential Cross-Connection” means a fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the water supply line beyond its legal termination point.

“Process fluid(s)” means any fluid or solution which may be chemically, or biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollutional, or system hazard if introduced into the public or a consumer’s potable water system. This includes but is not limited to:

(A) polluted or contaminated waters;

(B) process waters;

(C) used waters originating from the public water supply system which may have deteriorated in sanitary quality;

(D) cooling waters;

(E) questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems;

(F) chemicals in solution or suspension;

(G) oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes.

“Public Water Supply” means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a “community water supply” or a “non-community water supply”.

“Reduced Pressure Principle Backflow Prevention Device” means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closed shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.

“Service Connection” means the opening, including all fittings and appurtenances, at the water main through which water is supplied to the user.

“Survey” means the collection of information pertaining to a customer’s piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer’s piping system. The survey must be in written form, and should not be an actual plumbing inspection.

“System Hazard” means a condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer’s potable water system.

“Used Water” means any water supplied by a public water supply system to a consumer’s water system after it has passed through the service connection and is no longer under the control of the water supply official custodian.

“Water Purveyor” means the owner or official custodian of a public water system.

38-3-35 WATER SYSTEM.

(A) The water system shall be considered as made up of two parts: the public water supply system and the consumer’s water system.

(B) The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the Superintendent of Water up to the point where the consumer’s water system begins.

(C) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system.

(D) The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer’s water system.

(E) The consumer’s water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use.

38-3-36 CROSS-CONNECTION PROHIBITED.

(A) Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested and maintained to insure proper operation on a continuing basis.

(B) No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency.

(C) There shall be no arrangement or connection by which an unsafe substance may enter a supply.

38-3-37 SURVEY AND INVESTIGATIONS.

(A) The consumer’s premises shall be open at all reasonable times to the approved cross-connection control device inspector for the inspection of the presence or absence of cross-connections within the consumer’s premises, and testing, repair and maintenance of cross-connection control devices within the consumer’s premises.

(B) On request of the Superintendent, or his authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer’s premises. The consumer’s premises shall be open at all reasonable times to the Superintendent of Water for the verification of information submitted by the inspection consumer to the public water supply custodian regarding cross-connection inspection results.

(C) It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or her public potable water system. All cross-connection control or other plumbing inspections must be conducted in accordance with Ill. Comp. Stat., Ch. 225, Sec. 320/3.

(D) It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:

(1) All cross-connections are removed; or approved cross-connection control devices are installed for control of backflow and back-siphonage.

(2) Cross-connection control devices shall be installed in accordance with the manufacturer’s instructions.

(3) Cross-connection control devices shall be inspected at the time of installation and at least annually by a person approved by the Agency as a cross-connection control device inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer’s instructions.

(4) Testing and Records

(a) Each device shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer.

(b) Records submitted to the community public water supply shall be available for inspection by Agency personnel in accordance with Ill. Comp. Stat., Ch. 415, Sec. 5/4(e).

(c) Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs.

(d) A maintenance log shall be maintained and include:

1. date of each test;

2. name and approval number of person performing the test;

3. test results;

4. repairs or servicing required;

5. repairs and date completed; and

6. serving performed and date completed.

38-3-38 WHERE PROTECTION IS REQUIRED.

(A) An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency’s regulations 35 Ill. Adm. Code 680. In addition, an approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises, where in the judgment of the Superintendent, actual or potential hazards to the public water supply system exist.

(B) An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where the following conditions exist:

(1) Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Superintendent of Water and the source is approved by the Illinois Environmental Protection Agency.

(2) Premises on which any substance is handled which can create an actual or potential hazard to the public water supply system. This shall include premises having sources or system containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Superintendent of Water.

(3) Premises having internal cross-connections that, in the judgment of the Superintendent of Water, are not correctable or intricate plumbing arrangements it make which impractical to determine whether or not cross-connections exist.

(4) Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.

(5) Premises having a repeated history or cross-connections being established or reestablished.

(C) An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Adm. Code 890 and the Agency’s regulations 35 Ill. Adm. Code 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer’s water system serving, but not necessarily limited to, the following types of facilities unless the Superintendent of Water determines that no actual or potential hazard to the public water supply system exists:

(1) Hospitals, mortuaries, clinics, nursing homes.

(2) Laboratories.

(3) Piers, docks, waterfront facilities.

(4) Sewage treatment plants, sewage pumping stations or storm water pumping stations.

(5) Food or beverages processing plants.

(6) Chemical plants.

(7) Metal plating industries.

(8) Petroleum processing or storage plants.

(9) Radioactive material processing plants or nuclear reactors.

(10) Car washes.

(11) Pesticide, or herbicide or extermination plants and trucks.

(12) Farm service and fertilizer plants and trucks.

38-3-39 TYPE OF PROTECTION REQUIRED.

(A) The type of protection required under Section 38-3-38 of these regulations shall depend on the degree of hazard which exists as follows:

(1) An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a severe health hazard.

(2) An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.

(3) An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or a double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.

(B) The type of protection required under Section 38-3-38 of these regulations shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention connected to the public water supply when:

(C) Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:

(1) The fire safety system contains antifreeze, fire retardant or other chemicals;

(2) water is pumped into the system from another source; or

(3) water flows by gravity from a non-potable source; or water can be pumped into the fire safety system from any other source;

(4) there is a connection whereby another source can be introduced into the fire safety system.

(D) All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.

38-3-40 BACKFLOW PREVENTION DEVICES.

(A) All backflow prevention devices or methods required by these rules and regulations shall be approved by the Research Foundation for Cross-Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specification.

(B) Installation of approved devices shall be made in accordance with the manufacturer’s instructions. Maintenance as recommended by the manufacturer of the device shall be performed. Manufacturer’s maintenance manual shall be available on-site.

38-3-41 INSPECTION AND MAINTENANCE.

(A) It shall be the duty of the consumer at any premises on which backflow prevention devices required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer’s instructions.

(1) Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or by passed air gaps shall be made within 24 hours.

(2) Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five (5) days.

(3) Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five (5) days.

(B) Testing shall be performed by a person who has been approved by the Agency as competent to service the device. Proof of approval shall be in writing.

(C) Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs.

(D) A maintenance log shall be maintained and include:

(1) date of each test or visual inspection;

(2) name and approval number of person performing the test or visual inspection;

(3) test results;

(4) repairs or servicing required;

(5) repairs and date completed; and

(6) servicing performed and date completed.

(E) Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay as required by Section 38-3-41(A).

(F) Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Superintendent.

38-3-42 BOOSTER PUMPS.

(A) Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cut-off device designed to shut-off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 psi or less.

(B) It shall be the duty of the water consumer to maintain the low pressure cut-off device in proper working order and to certify to the Superintendent, at least once a year, that the device is operable.

38-3-43 VIOLATIONS AND PENALTIES.

(A) The Superintendent shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Superintendent, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by these regulations is not installed and maintained in working order.

(B) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Superintendent, and the required reconnection fee is paid.

(C) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects on conformance with these Regulations and to the satisfaction of the Superintendent.

(D) Neither the Village, the Superintendent, or its agents or assigns, shall be liable to any customers of the Village for any injury, damages or lost revenues which may result from termination of said customer’s water supply in accordance with the terms of this Code, whether or not said termination of the water supply was with or without notice.

(E) The consumer responsible for back-siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of clean-up of the potable water supply system.

(F) Any person found to be violating any provision of this Code shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(G) Any person violating any of the provisions of this Code in addition to the fine provided, shall become liable to the Village for any expense, loss or damage occasioned by the Village by reason of such violation, whether the same was caused before or after notice.

38-3-44 – 38-3-52 RESERVED.

DIVISION IV – EXTENSION OF MAINS

38-3-53 DETERMINATION OF WHO PAYS EXPENSE OF EXTENSION. The Village Board shall first determine if an extension of water main is economically feasible based on the estimated cost of the extension and the number of existing potential users that will use water along the extension. If the extension is economically feasible then the Village may install and pay the cost of the extension at the discretion of the Village Board. If the Village elects not to pay the cost of extending the water main then the person or persons desiring water service shall install the extension at their own personal expense upon written consent by the Village Board. The Village shall not pay for any extensions to an undeveloped area, such as a subdivision being developed, unless there are sufficient existing residents or businesses to make the extension economically feasible. (Ord. No. 309; 1977)

38-3-54 EASEMENTS. Applicants for main extensions shall deliver, without cost to the Village, permanent easements or right-of-way when necessary for the installation and maintenance of the extensions or subsequent additions thereto. The Village shall not be obligated to authorize any construction until all requirements of this Chapter have been met.

38-3-55 SIZE AND TYPE. The Village reserves the right to determine and specify the diameter and type of pipe required to provide the service requested, and subject to the requirements of municipal authorities, its location within or without the limits of a street. The Village further reserves the right to install a main larger in diameter than the main required to render the service requested, in which case, the Village will pay the difference in cost.

38-3-56 TITLE. Title to all main extensions shall be vested in the Village and the Village shall have the right to further extend any main installed in and to other streets or premises without repayment or refund to any applicant. However, the Village reserves the right to consider extensions made at the applicant’s expense and without written agreement as to service lines. Upon such lines, the Village will set a meter at the beginning of the extension to measure all water used and title to the line beyond the meter will be vested in the customer who shall be responsible for maintenance and replacement, when necessary.

38-3-57 MAINTENANCE AND REPLACEMENT. The Village, at its own expense, shall maintain and when necessary, replace the Village -owned mains used to supply water to its customers, and if adequate service requires the reconstruction or replacement of such mains, the mains shall be reconstructed or replaced by the Village at its expense.

ARTICLE IV – UTILITY RATES

DIVISION I – GENERAL

38-4-1 BUILDING UNIT DEFINED. All persons or families residing in a building under one roof, be it an apartment or homes converted into more than one dwelling place, each family or individual resident residing therein shall be deemed an individual customer or such homes or apartments or dwellings shall be billed for at least one minimum water and/or sewer account according to the number of families or individual residents residing therein.

38-4-2 REVENUES. All revenues and moneys derived from the operation of the water and sewer systems shall be deposited in the Combined Water and Sewage Fund. All such revenues and moneys shall be held by the Treasurer separate and apart from his private funds and separate and apart from all other funds of the Village and all of said sum, without any deductions whatever, shall be delivered to the Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may, from time to time, be directed by the Village Board.

The Treasurer shall receive all such revenues from the water and sewer systems and all other funds and moneys incident to the operation of such systems as the same may be delivered to him and deposit the same in the account of the fund designated as the “Water and Sewage Fund of the Village “.

The Treasurer shall administer such fund in every respect in the manner provided by Chapter 65, Illinois Compiled Statutes, Sections 5/;3.1-35-40 et seq. (Ord. No. 310; 1977)

38-4-3 ACCOUNTS. The Treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the water and sewer systems and at regular annual intervals, he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the water and sewer systems.

In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the sewer facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do, in fact, meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following:

(A) Flow data showing total gallons received at the sewer plant for the current fiscal year.

(B) Billing data to show total number of gallons billed.

(C) Debt service for the next succeeding fiscal year.

(D) Number of users connected to the system.

(E) Number of non-metered users.

(F) A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged. (Ord. No. 310; 1977)

38-4-4 NOTICE OF RATES. A copy of this Article, properly certified by the Village Clerk, shall be filed in the office of the County Recorder of Deeds and shall be deemed notice to all owners of real estate of the charges of the water and sewer systems of the Village on their properties. Each user shall be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to sewer treatment services. (Ord. No. 310; 1977)

38-4-5 ACCESS TO RECORDS. The Illinois Environmental Protection Agency, United States Environmental Protection Agency, or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village ‘s system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any State Grant. (Ord. No. 310; 1977)

38-4-6 APPEALS. The method for computation of rates and service charges established for user charges in Article IV shall be made available to a user within fifteen (15) days of receipt of a written request for such. Any disagreement over the method used, or in the computation thereof, shall be remedied by a third party selected by both parties within ninety (90) days after notification of a formal written appeal outlining the discrepancies. (Ord. No. 310; 1977)

38-4-7 – 38-4-9 RESERVED.

DIVISION II – WATER RATES

38-4-10 WATER TAP-ON FEES.

(A) Inside Village. Applicants for water service inside the Village shall pay a charge of Two Hundred Seventy-Five Dollars ($275.00), payable in advance. All labor and materials for a standard residential connection, such as connecting pipes, meter vaults and covers, valves, and connections up to the property line shall be included in this price. However, for any water service connection that requires materials and equipment whose total material cost (not including any labor cost) is greater than $275.00, the water service connection fee shall be the actual cost amount incurred by the Village for the meter and/or equipment so installed to make such water services connection, payable in advance. (Ord. #557 passed 2/10/2005)

(B) Outside Village – Not Available.

(C) Illinois Plumbing Code. All water tap and service connections made to the mains of the Waterworks System of the Village shall conform to the regulations of this Code and of the Illinois Plumbing Code. All connections and installations shall be made by the Village’s water and sewer department.

(D) Maintenance of Water Lines. The Village shall replace all water mains when it has been deemed necessary to do so in order to maintain service in the Village. The Village shall limit its responsibility to maintaining water lines to the water mains and to the service lines up to the meter. The property owner shall be responsible for the service line from the meter into the premises served.

38-4-11 WATER RATES. There shall be established the following rates and charges for the use of the water system of the Village, based upon the amount of water consumed as follows:

(A) WATER RATES INSIDE VILLAGE.

First 1,000 gallons per month $17.65 MINIMUM CHARGE

Next 1,000 gallons per month $ 6.17 per 1,000 gallons

Over 2,000 gallons per month $ 7.72 per 1,000 gallons

(B) WATER RATES OUTSIDE VILLAGE.

First 1,000 gallons per month $35.30 MINIMUM CHARGE

Next 1,000 gallons per month $12.31 per 1,000 gallons

Over 2,000 gallons per month $15.44 per 1,000 gallons

(C) BULK SALES.

$13.13 per 1,000 gallons

(Ord. No. 675, 5/12/11)

38-4-12 REQUESTED SHUT-OFF. If user requests water to be shut off, there will be a Twenty-Five Dollar ($25.00) fee to have the water turned on again. The fee shall be Thirty Dollars ($30.00) if the turn on is requested to occur in non-working hours.

38-4-13 SEWER TAP-ON FEES.

(A) Inside Village. Applicants for sewer service inside the Village shall pay a charge of Two Hundred Dollars ($200.00), payable in advance. All labor and materials for a standard residential connection up to the property line shall be included in this price. However, for any sewer service connection that requires materials and equipment whose total material cost (not including any labor cost) is greater than $200.00, the sewer service connection fee shall be the actual cost amount incurred by the Village for the materials and equipment so installed to make such sewer services connection, payable in advance. (Ord. #557 passed 2/10/2005)

(B) Outside Village. Not available.

(C) Conformity to Code. All sewer tap and service connections made to the mains of the Sewer System of the Village shall conform to the regulations of this Code and of any other applicable regulations and statutes. All connections and installations shall be made by the Village’s water and sewer department.

(D) Maintenance of Sewer Lines. The Village shall repair or replace all sewer mains when it has been deemed necessary to do so in order to maintain service in the Village. The Village shall limit its responsibility to maintaining sewer lines to the sewer mains and to the service lines up to the property line. The property owner shall be responsible for the service line from the property line to the building served.

384-14 EQUALIZED BILLING. The Village Clerk of the Village of Louisville shall institute and maintain a system and program of equalized billing for its water and sewer utilities, under the following requirements and conditions.

1) This program shall be offered only to residential customers of the Village’s utilities systems, and not to commercial or institutional customers. In order to begin participation in the program, the customer must apply to and be approved by the Village Clerk for such participation. There must be at least one year’s worth of utilities usage history for the property in question, and the customer must have a credit history acceptable to the Village.

2) A residential customer shall be allowed the opportunity to apply to enroll in the equalized billing program at any time during the year.

3) The Village Clerk shall calculate the monthly payment due from the customer. The same monthly payment will be billed to and due from the customer for each of the next twelve months utilities billings, starting with the customer’s next utility billing. The Village Clerk will base her calculation upon the customer’s last twelve months of usage coupled with any information regarding future consumption rates, along with her estimated cost rate for each utility charge for the forthcoming year, bearing in mind the goal noted in Paragraph 9 below.

4) Any customer who does not make his equalized payment on time and in the required amount may be terminated from the program at the Village’s discretion. All normal Village shutoff procedures for nonpayment of utilities charges shall apply to those customers participating in the equalized billing program.

5) In general, for those customers who have participated in the program for at least one year, the Village Clerk will notify them each year in April with the new calculated monthly equalized billing payment amount which will be in effect for the forthcoming year.

6) In general, for those customers who have participated in the program for at least one year, if the amount received under the equalized billing program during the prior year is less than the actual charges due during that same time period, then the customer shall have a “shortfall” of an amount equal to the difference between the amount received and the actual charges due. If the shortfall is greater that 10% of the actual amount due, then the customer will be required to pay the shortfall as a lump sum payment in addition to and along with the customer’s next billing. Otherwise, the new monthly equalized billing payment amount will be adjusted by increasing said monthly amount by an amount equal to 1/12 of the shortfall.

7) In general, for those customers who have participated in the program for at least one year, if the amount received under the equalized billing program during the prior year is greater than the actual charges due during that same time period, then the customer shall have a credit, which at the customer’s election can be paid to him either via a credit given in full upon his next month’s billing or distributed in twelve equal credits on the next twelve billings.

8) For those customers who have participated in the program for less than one year, the Village Clerk shall have the right to make adjustments to the customer’s monthly equalized billing payment in such amounts and at such times as the Village Clerk deems appropriate. The Village Clerk may, but is not required to, use the “shortfall” and “credit” rules of Paragraphs 6 and 7 immediately above, as the Village Clerk deems appropriate.

9) The Village Clerk’s goal in making any periodic adjustments to the customer’s monthly equalized billing payment shall be to provide relief to the customer from the higher winter monthly utilities bills by allowing the customer to make equal monthly payments in such amounts that will allow the customer to eventually build up a credit balance with the Village in anticipation of having sufficient funds on hand to fully pay those higher winter monthly utilities bills. The Village Clerk shall set each customer’s equal monthly payment amount in accordance with this goal.

10) Any customer who terminates from the program, whether voluntarily or not, must pay any shortfall as a lump sum payment in addition to and along with the customer’s next billing which occurs after said termination. Any credit due will be paid to the customer either per Subparagraph 7 immediately above or direct to the customer in full.

11) The Village reserves the right to make adjustments to the equalized billing payment amounts at any time throughout the year for any or all customers so participating in the program, and/or demand lumpsum payments for any current shortfall at any time throughout the year, in those situations where the Village Clerk deems that the monthly equalized payment amounts are grossly disproportionate to the usage and costs of the actual utilities consumed by and billed to, or anticipated to be consumed by and billed to, the customer. Failure of the customer to pay the demand for lumpsum payment of any shortfall within 10 days of said demand shall constitute grounds to declare the customer delinquent in his payment of his utilities, thereby subjecting that customer to any and all remedies available to the Village for delinquent utilities payments.

(Ord. #571; 1-12-2006)

DIVISION III

WASTEWATER SERVICE CHARGES

38-4-31 BASIS FOR WASTEWATER SERVICE CHARGES. The sewer service charge for the use of and for service supplied by the sewer facilities of the Village shall consist of a basic user charge, applicable surcharges, and debt service charge.

(A) The debt service charge is computed by dividing the annual debt service of all outstanding bonds by the number of users.

(B) The capital improvement charge is levied on all users to provide for capital improvements, extensions or reconstruction of the sewage treatment works. The capital improvement is computed by apportioning the annual amount to be accrued as a fixed charge per month.

(C) The basic user charge shall be based on water usage as recorded by water meters for wastes having the following normal domestic concentrations:

(1) A five (5) day twenty degree centigrade (20C) biochemical oxygen demand BOD of 200 mg/1).

(2) A suspended solids (SS) content of 250 mg/l.

(D) It shall be computed as follows:

(1) Estimate sewer volume, pounds of SS and pounds of BOD to be treated.

(2) Estimate the projected annual revenue required to operate and maintain the sewer facilities including a replacement fund for the year, for all work categories.

(3) Proportion the estimated operation, maintenance and replacement (OM&R) costs to each user class by volume, BOD, and SS.

(4) Proportion the estimated operation, maintenance and replacement (OM&R) costs to sewer facility categories by Volume, Suspended Solids and BOD.

(5) Compute costs per 1000 gal. for normal sewage strength.

(6) Compute surcharge costs per pound per 1000 gal. in excess of normal sewage strength for BOD and SS.

(E) A surcharge will be levied to all users whose waste waters exceed the normal domestic concentrations of BOD 200 mg/l and SS 250 mg/l. The surcharge will be based on water usage as recorded by water meters or sewage meters for all wastes which exceed the 200 mg/l and 250 mg/l concentration for BOD and SS respectively. (Section 38-4-56 specifies the procedure to compute a surcharge.)

(F) The adequacy of the sewer service charge shall be reviewed, not less often than annually, by Certified Public Accountants for the Village in their annual audit report. The sewer service charge shall be revised periodically to reflect a change in operation and maintenance costs, replacement costs and reserve fund costs.

(G) The users of sewer treatment services will be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to the sewer treatment operation, maintenance and replacement.

38-4-32 MEASUREMENT OF FLOW. The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption.

(A) If the person discharging wastes into the public sewer procures any part, or all, of his water from sources other than the Public Waterworks System, all or a part of which is discharged into the public sewer, the person shall install and maintain, at his expense, water meters of a type approved by the Village for the purpose of determining the volume of water obtained from these other sources.

(B) Devices for measuring the volume of waste discharged may be required by the Approving Authority if these volumes cannot otherwise be determined from the metered water consumption records.

(C) Metering devices for determining the volume of waste shall be installed, and maintained by the person and owned by the Village. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the Village.

38-4-33 DEBT SERVICE CHARGE. A debt service charge of Zero Dollars ($0.00) per user per month, to each user of wastewater facility of the Village is hereby established.

A capital improvement charge will be levied on all users as a fixed charge of $0.00 per month, to provide funds for extension, improvement of reconstruction of the sewage treatment works.

38-4-34 BASIC USER RATE. There shall be and there is hereby established a minimum charge and a basic user rate for the use of and for service supplied by the Wastewater Facilities of the Village, as follows:

First 1,000 gallons per month $9.04 per month (Minimum Charge)

Next 1,000 gallons per month $2.22 per 1,000 gallons

Over 2,000 gallons per month $3.29 per 1,000 gallons

All non-metered residential users of the wastewater facilities shall pay a minimum flat rate charge per month adequate to cover the costs of the minimum accrual capital cost charge, and the minimum service charge. The flat rate charge will allow a maximum of one thousand (1,000) gallons per month.

In the event use of the wastewater facilities is determined by the Superintendent to be in excess of one thousand (1,000) gallons per month, the Superintendent may require such flat rate user to install metering devices on the water supply to measure the amount of service supplied. (Ord. No. 310, 1977; Ord. No. 675, 5/12/11)

38-4-35 SURCHARGE RATE. The rates of surcharges for BOD5 and SS shall be as follows:

.01 per lb. of BOD

.13 per lb. of SS

38-4-36 COMPUTATION OF SURCHARGE. The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Superintendent and shall be binding as a basis for surcharges.

38-4-37 COMPUTATION OF WASTEWATER SERVICE CHARGE. The wastewater service charge shall be computed by the following formula:

CW = CD – CM + (Vu-X) – CS

Where CW = Amount of waste service charge ($) per bill period.

CD = Debt Service Charge (Section 38-4-33).

CM = Minimum Charge for Operation, Maintenance and Replacement (Section 38-4-34).

Vu = Wastewater Volume for the billing period.

X = Allowable consumption in gallons for the minimum charge (Section 38-4-34).

CU = Basic User Rate for Operation, Maintenance and Replacement (Section 38-4-34).

CS = Amount of Surcharge (Sections 38-4-35 and 38-4-36).

(Ord. No. 310; 1977)

38-4-38 INDUSTRIAL COST RECOVERY—REQUIRED PAYMENT. Each industrial user shall pay that portion of any state grant which has been obtained by the Village for the financing of the construction of wastewater treatment works allocable to the treatment of the wastewater from such user. Such user’s share shall not include an interest component. (Ord. No. 310; 1977)

38-4-39 INDUSTRIAL COST RECOVERY—ADOPTION OF SYSTEM. No industrial user may discharge sewage into the public sewer until the Village has adopted an industrial cost recovery system which:

(A) Meets the requirements of Section 204(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816; U.S.C. Title 12 §24; Title 15 §§633, 636; Title 31 §711; Title 33 §§1251—1265, 1281—1292, 1311—1328, 1341—1345, 1361—1376) and applicable federal regulations; and

(B) Has been approved by the agency in accordance with the conditions of any grant made to the Village by the United States Environmental Protection Agency or by the state for the construction of any part of the sewer system or wastewater treatment works of the Village. (Amended during 1981 codification; Ord. 310; 1977)

ARTICLE V – WASTEWATER SYSTEM

DIVISION I – DEFINITIONS

38-5-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

“GOVERNMENT, FEDERAL”.

(A) “Administrator” means the Administrator of the U.S. Environmental Protection Agency.

(B) “Federal Act” means the Federal Clean Water Act (33 U.S.C. 466 et seq) as amended, (Pub. L. 95-217).

(C) “Federal Grant” shall mean the U.S. government participation in the financing of the construction of treatment works as provided for by Title II-Grants for Construction of Treatment Works of the Act and implementing regulations.

“GOVERNMENT, LOCAL”.

(A) “Approving Authority” shall mean the Superintendent of Sewage Works of the Village or his authorized deputy, agent, or representative.

(B) “NPDES Permit” means any permit or equivalent document or requirements issued by the Administrator, or, where appropriated by the Director, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to Section 402 of the Federal Act.

(C) “Person” shall mean any and all persons, natural or artificial including any individual, firm, company, municipal or private cooperation, association, society, institution, enterprise, governmental agency or other entity.

(D) “Inspector” shall mean the Superintendent or other person or persons duly authorized by the Village to inspect and approve the installation of building sewer and their connection to the sanitary sewer system.

“GOVERNMENT, STATE”.

(A) “Director” means the Director of the Illinois Environmental Protection Agency.

(B) “State Act” means the Illinois Anti-Pollution Bond Act of 1970.

(C) “State Grant” shall mean the State of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with the Secretary of State of State of Illinois.

“CLARIFICATION OF WORD USAGE”. “Shall” is mandatory; “may” is permissible.

“WASTEWATER TYPES AND APPURTENANCES”.

(A) “Building Drain” shall mean that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (5′) (1.5 meters) outside the inner face of the building wall.

(B) “Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.

(C) “Combined Sewer” shall mean a sewer which is designed and intended to receive sewer, storm, surface and groundwater drainage.

(D) “Easement” shall mean an acquired legal right for the specific use of land owned by other.

(E) “Public Sewer” shall mean a sewer provided by or subject to the jurisdiction of the Village. It shall also include sewer within or outside the Village boundaries that serve one (1) or more persons and ultimately discharge into the Village sanitary sewer or combined sewer system, even though those sewer may not have been constructed with Village funds.

(F) “Sanitary Sewer” shall mean a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface and groundwaters or unpolluted industrial wastes are not intentionally admitted.

(G) “Sewer” shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storms, surface and groundwater drainage.

(H) “Sewer” shall mean the system of sewer and appurtenances for the collection, transportation and pumping of sewage.

(I) “Storm Sewer” shall mean a sewer that carries storm, surface and groundwater drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

(J) “Stormwater Runoff” shall mean that portion of the precipitation that is drained into the sewer.

“TREATMENT”:

(A) “Pretreatment” shall mean the treatment of sewer from sources before introduction into the sewer treatment works.

(B) “Sewer Treatment Works” shall mean an arrangement of devices and structures for treating sewer, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “sewer treatment plant” or “pollution control plant”.

“TYPES OF CHARGES”:

(A) “Basic User Charge” shall mean the basic assessment levied on all users of the public sewer system.

(B) “Capital Improvement Charge” shall mean the charge levied on users to improve, extend or reconstruct the sewage treatment works.

(C) “Debt Service Charge” shall be the amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.) outstanding.

(D) “Local Capital Cost Charge” shall mean charges for costs other than the Operation, Maintenance and Replacements costs, i.e. debt service and capital improvement costs.

(E) “Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

(F) “Sewer Fund” is the principal accounting designation for all revenues received in the operation of the sewer system.

(G) “Surcharge” shall mean the assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than average concentration values as established by code.

(H) “Useful Life” shall mean the estimated period during which the collection system and/or treatment works will be operated.

(I) “User Charge” shall mean a charge levied on users of treatment works for the cost operation, maintenance and replacement.

(J) “Sewer Service Charge” shall be the charge per quarter or month levied on all users of the Sewer Facilities. The service charge shall be computed as outlined in Article IV of this Code and shall consist of the total or the Basic User Charge, the local capital cost and a surcharge, if applicable.

(K) “Reserve Fund Charge” shall mean a revolving fund for expansion and construction of the sewer system.

“USER TYPES”:

(A) “Control Manhole” shall mean a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a “control manhole” is to provide access for the Village representative to sample and/or measure discharges.

(B) “Industrial User” shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products.

(C) “Residential User” shall mean all dwelling units such as houses, buildings, mobile homes, apartments, permanent multi-family dwellings.

(D) “User Class” shall mean the type of user either “residential or commercial” (non-industrial) or “industrial” as defined herein.

(E) “Commercial User” shall include transit lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services.

(F) “Institutional/Governmental User” shall include schools, churches, penal institutions, and users associated with Federal, State and local governments.

“WASTEWATER FACILITIES” shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.

“WATERCOURSE AND CONNECTIONS”:

(A) “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(B) “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

“WASTEWATER AND ITS CHARACTERISTICS”:

(A) “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees centigrade (20C), expressed in milligrams per liter.

(B) “Effluent Criteria” are defined in any applicable “NPDES Permit”.

(C) “Floatable Oil” is oil, fat, or grease in a physical state such that it will separate by gravity from sewer by treatment in an approved pretreatment facility. A sewer shall be considered free of floatable fat if it is properly pretreated and the sewer does not interfere with the collection system.

(D) “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(E) “Industrial Waste” shall mean any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.

(F) “Major Contributing Industry” shall mean an industrial user the publicly owned treatment works that:

(1) Has a flow of 50,000 gallons or more per average work day; or

(2) Has a flow greater than ten percent (10%) of the flow carried by the municipal system receiving the waste; or

(3) Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Act; or

(4) Is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.

(G) “Milligrams per Liter” (mg/1) shall mean a unit of the concentration of water or sewer constituent. It is 0.001 gram of the constituent in 1,000 milliliter of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and sewer analysis.

(H) “pH” shall mean the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlined in the IEPA Division of Laboratories Manual of Laboratory Methods.

(I) “Population Equivalent” is a term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is 100 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids.

(J) “ppm” shall mean parts per million by weight.

(K) “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewer, with no particle greater than one half inch (1/2”) (1.27 centimeters) in any dimension.

(L) “Sewage” is used interchangeably with “sewer”.

(M) “Slug” shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

(N) “Suspended Solids” (SS) shall mean solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in the I.E.P.A. Division of Laboratories Methods.

(O) “Unpolluted Water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewer and sewer treatment facilities provided.

(P) “Sewer” shall mean the spent water of a community. From this standpoint of course, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

(Q) “Water Quality Standards” are defined in the Water Pollution Regulations of Illinois.

38-5-2 – 38-5-3 RESERVED.

DIVISION II

USE OF PUBLIC WASTEWATERS REQUIRED

38-5-4 DEPOSIT OF WASTES. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village or in any area under the jurisdiction of the Village, any human or animal excrement, garbage or other objectionable waste.

38-5-5 SEWAGE IN NATURAL OUTLET. It shall be unlawful to discharge to any natural outlet within the Village, or in area under the jurisdiction of the Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (Sec. 13.04.030)

38-5-6 PRIVATE SYSTEM, UNLAWFUL. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. This exception does not exclude or limit the use of portable toilets by Civic Organizations for use during public activities. When portable toilets are used, they shall not be used by any one organization for more than a ninety (90) day period. Portable toilets shall not be placed within one hundred (100) feet of any houses, or buildings. Portable toilets shall be emptied, cleaned, and sanitized a minimum of once a week or sooner, if required. Any organization which allows such toilets to become unsanitary or a nuisance shall be subject to the penalties as stated in this Code. (Sec. 13.04.040)

38-5-7 CONNECTION TO SYSTEM REQUIRED. The owner of all the houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the Village and abutting on any street, alley, right-of-way in which there is now located or may in the future be located any public sanitary sewer of the Village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Code, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line.

38-5-8 – 38-5-9 RESERVED.

DIVISION III

PRIVATE SEWAGE DISPOSAL

38-5-10 PRIVATE SEWAGE SYSTEM. Where a public sanitary sewer is not available under the provisions of Section 38-5-7, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Division.

38-5-11 HEALTH DEPARTMENT APPROVAL. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit from the appropriate Health Department. The application for such permit shall be made on a form furnished by the Village (reference Appendix #2) which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the Superintendent. A permit and inspection fee of Twenty Dollars ($20.00) shall be paid to the Village at the time the application is filed.

38-5-12 PERMIT APPROVAL. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of written notice by the Superintendent.

38-5-13 COMPLIANCE WITH STATE REQUIREMENTS. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act and Code and with the State of Illinois Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than seven thousand five hundred (7,500) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

38-5-14 AVAILABILITY OF PUBLIC WASTEWATER. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 38-5-7, a direct connection shall be made to the public sewer in compliance with this Code, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (See Sec. 13.04.110)

38-5-15 OPERATION OF PRIVATE SYSTEM. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the Village. (See Sec. 13.04.120)

38-5-16 ADDITIONAL RESTRICTIONS. No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Local Health Officer. (See Sec. 13.04.130)

38-5-17 TIME CONSTRAINTS FOR PUBLIC WASTEWATER. When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (See Sec. 13.04.140)

38-5-18 – 38-5-20 RESERVED.

(Ord. No. 310; 1977)

DIVISION IV

BUILDING WASTEWATER AND CONNECTIONS

38-5-21 DISTURBING SYSTEM UNLAWFUL. No unauthorized person shall uncover, make any connections with, or opening into; use; alter; or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

38-5-22 COMPLIANCE WITH REGULATING AUTHORITIES. All disposal by any person into the sewer system is unlawful except those discharges in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent State and local standards.

38-5-23 CLASSES OF PERMITS.

(A) There shall be two (2) classes of building sewer permits as follows:

(1) Residential sewer service.

(2) Service to Commercial or Institutional establishments or industrial sewer service.

(B) In either case, the owner or his agent shall make applications on a special form furnished by the Village. (See Appendix) The fee per connection shall be paid to the Village at the time the application is filed pursuant to Article IV; Division III of this Code.

(C) In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee for a residential or commercial building sewer permit shall be paid to the Village at the time the application is filed. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity. Upon approval of the application by said Superintendent, the Village Clerk shall issue such permit. If such permit is not issued the fee so paid by the applicant shall be refunded to the applicant. (Ord. No. 529; 04-10-03)

(D) The fee shall include installation of a standard four (4) inch service connection and the extension of the four (4) inch diameter sewerage pipe to the property line; provided, that said extension does not exceed sixty (60) feet. If any application is for a standard four (4) inch service connection that exceeds sixty (60) feet or for a sewer connection other than a standard four (4) inch service connection the policy and fee shall be determined by the Village Board. (See Sec. 13.04.180)

38-5-24 COST BORNE BY OWNER. All costs and expenses including labor and material incidental to the installation, connection and maintenance of a lateral sewer line shall be borne by the owner(s). The owner(s) shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation, connection and maintenance of the lateral sewer lines. This section shall apply even where the lateral sewer line runs under a public street, public right-of-way, or public easement.

38-5-25 SEPARATE WASTEWATER: EXCEPTION. A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; except for sewer connection charges accruing from such buildings or properties.

38-5-26 OLD BUILDING WASTEWATER. Old building sewer may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Code.

38-5-27 CONSTRUCTION METHODS. The size, slope, depth and alignment, of the building sewer shall be subject to the approval of the Superintendent. In no case shall the inside diameter of the building sewer be less than four (4) inches. If six (6) inch diameter pipe is used, the slope shall not be less than one-eighth (1/8) inch per foot. If four (4) inch or five (5) inch diameter pipe is used, the slope shall not be less one-fourth (1/4) inch per foot. The depth of the building sewer shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment, insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings, unless the break in alignment is made at a manhole facilitating servicing. Installation shall be in accordance with Standard Specifications for Water and Sewer Main Construction in Illinois.

All building sewer shall be constructed of materials approved by the Village. Generally all building sewer shall be constructed of the following materials:

(A) Cast or ductile iron pipe

(B) ABS solid wall plastic pipe (6″ diameter maximum)

(C) PVC solid wall plastic pipe (6″ diameter maximum) SDR-35

All pipe joints must be gaslight and watertight and are subject to the approval of the Village. Transition joints from one pipe material to another shall be made using fittings manufactured for such transitions.

38-5-28 PLUMBING CODE REQUIREMENTS. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois shall apply.

38-5-29 ELEVATION. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved in accordance with Section 38-5-22 and discharged to the building sewer.

38-5-30 PROHIBITED CONNECTIONS. No person(s) shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to public sanitary sewer.

38-5-31 CONNECTIONS TO WASTEWATER MAINS. Building Sewer connections with any sewer shall be made only at manholes or other such junctions as may be provided or designated by the Village, and then only in such manner as directed. The connection of the building sewer shall be made at a wye branch, if such branch is available. The building service sewer shall generally enter the sewer main or lateral by way of an existing wye. In the event of absence of the wye, the connection to the sewer main or lateral shall be made by one of the methods indicated below.

(A) Installation of a manhole

(B) Circular saw-cut sewer main by proper tools (“Sewer Tap” machine or similar), and proper installation of hub wye saddle, in accordance with manufacturer’s recommendation. This method shall not be allowed when the wye branch is larger than four (4) inches in diameter. The entire sewer main in the location of the wye and the wye shall be encased in concrete.

(C) Using the pipe cutter only, neatly and accurately cut out desired length of pipe for insertion of proper fitting. Remove both hub and bell ends, or other compression couplings from wye branch fitting to allow the wye branch to be inserted with no more than a total of one-half (1/2) inch gap. Use “Band Seal” couplings, or similar couplings, and shear rings and clamps to fasten the inserted fitting and hold it firmly in place. The entire section shall then be encased in concrete having a minimum thickness of four (4) inches and extending eight (8) inches beyond each joint.

If another method is desired, a detail shall be submitted for review and approval by the Village before the connection is made. Indiscriminate breaking of the sewer main pipe is not allowed.

On Site Inspection. After the wye branch has been inserted and jointed, and before any additional fittings have been placed in the service line, the installation shall be approved by the Superintendent, or his authorized representative. After approval is granted the contractor shall encase the work area as specified herein.

Backfill. To be placed in accordance with The Standard Specifications for Water and Sewer Main Construction in Illinois, Current Edition. In addition, any building sewer crossing any street, or traveled alley shall be backfilled with granular backfill material.

Concrete Encasement. When a riser is constructed and its height is four (4) feet or more measured from the flowline of the sewer main to the top of the riser pipe, the wye connection shall be encased in concrete to a height of at least one foot six inches (1’ 6”) above the flowline of the sewer main. When the height of the riser is less than four (4) feet above the flowline of the sewer main, the wye connection shall be backfilled to the top of the riser pipe with carefully placed and compacted granular backfill.

38-5-32 CAPACITY OF WASTEWATER. A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewer facilities, including sewer, pump stations and sewer treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

38-5-33 TAP-IN SUPERVISION AND TESTING. The applicant for the building sewer permit shall notify the Village when the building sewer is ready for inspection and connection to the public sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Village or its representative.

At any time after the installation of the building sewer, the Village may test the building sewer for violation of this ordinance.

38-5-34 INSPECTION. After the building sewer has been constructed in the trench but before the sewer is backfilled, the applicant for the building sewer permit shall notify the Superintendent that the building sewer is ready for inspection. If the sewer has been constructed properly, permission will be given to backfill the trench. If the sewer construction is found to be unsuitable, the permit applicant will correct the installation to meet Village ‘s requirements.

38-5-35 PUBLIC WASTEWATER CONNECTION. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the Village, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Village before installation.

38-5-36 PROTECTION OF PROPERTY. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.

38-5-37 BOND REQUIRED. If the applicant for the building sewer permit does not have a general bond on file with the Village, the applicant shall furnish a corporate surety bond in an amount one and one-half (1 1/2) times the cost of the contemplated work for which the permit is to be issued.

Any experienced sewer builder or drain layer may furnish to the Village a continuing surety bond in the sum of Five Thousand Dollars ($5,000.00) to apply to all building sewer permits issued to such builder or to the principals thereof for a term of one (1) year from the date thereof subject to renewal from year to year, and such continuing bond may be accepted in behalf of the Village in lieu of a special bond to cover each permit issued during the term of the bond.

Home owners wishing to install their own building services are not required to post a bond. Any person performing building sewer work for hire shall post the bond.

38-5-38 UNLAWFUL DISCHARGES. All disposal by any person into the sewer system is unlawful except those ordinances in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent State and local standards.

38-5-39 – 38-5-41 RESERVED.

DIVISION V – EXTENSION OF COLLECTING WASTEWATERS

38-5-42 PERMIT REQUIRED; AUTHORIZED PERSONNEL. No person, other than an authorized employee of the Village, shall make any connection with, uncover, alter or disturb a Village sewer, or open any manhole, intercepting chamber, or any appurtenance thereof without first obtaining a written permit to do so from the Village, and no person shall make any connection or opening into any sewer, the flow of which is directly or indirectly discharged into any Village sewer, without first obtaining a written permit to do so from the Village.

38-5-43 EXTENSION PERMITS. Issuance of sewer extension permits shall be initiated by an application for construction permit. The application shall be made on the forms provided by the IEPA, shall be fully completed by the applicable persons or parties, and shall be accompanied by a set of plans, specifications, and any other information as may be required by the Village.

Plans and specifications shall be prepared by a registered professional engineer and approval thereof must be obtained from the Village and IEPA.

If the application is in proper form, and the sewer extension indicated therein appears to be in accordance with this ordinance and all state and federal requirements, the Village shall issue the permit for construction of the sewer. If otherwise, the application for permit shall be denied by the Village. There shall be no fee charged for sewer extension application or permits.

If the application is denied by the Village, they shall state the reason or reasons therefore in writing, mailed or personally delivered to the applicant. The applicant shall have the right to amend such application in conformity with the reasons given for denial, and resubmit it to the Village for further consideration.

All permits issued under this Article V shall have an expiration date of two (2) years after the date of issuance. Any sewer not constructed prior to the date of expiration shall have a new application submitted and a new permit issued prior to their construction.

The applicant for the permit shall furnish a corporate surety bond in an amount one and one-half (1 1/2) times the cost of the contemplated work for which the permit is to be issued.

38-5-44 MATERIALS. All sewer extensions shall be constructed of the following materials:

(A) Sewer pipe with diameters eight (8) inches and larger shall be one of the following:

(1) ABS composite pipe conforming to ASTM D-2680 with solvent weld joints or O-ring rubber gasket joints as referenced in ASTM D-2680.

(2) PVC sewer pipe SDR-35 conforming to ASTM 03033 or D3034 with joints conforming to ASTM D3212.

(B) Laterals and fittings from the sewer to the property lines shall be six (6) inch diameter and

(1) of comparable material to the sewer main for VCP and PVC pipe.

(2) for ABS pipe use ABS solid wall pipe SDR-23.5 conforming to ASTM D-2751.

38-5-45 INSPECTIONS OF CONSTRUCTION. Construction of the sewer shall be inspected under competent supervision supplied by a registered professional engineer and upon completion of construction, accurate detailed plans as constructed (“record drawings”) shall be certified and submitted by the professional engineer to the Village before any applications for building sewer permits are filed; all at the expense of the Owner. These plans shall show all elevations as installed as well as accurate measurements showing the locations of service connections. The Engineer shall also submit a certified statement showing the source, place and volume of foreign waters.

All sewer shall be subjected to:

(A) A lamp test which shall provide that from one manhole to another, at least one-half (1/2) of the pipe end area shall be visible.

(B) Infiltration or exfiltration test with acceptable allowance of 200 gallons per day per inch diameter per mile;

(C) Under special circumstances, when approved by the Village, air pressure testing with allowance to be specified by the Village.

When any sewer line fails to pass the infiltration test, the exfiltration test, or an air pressure test, the sewer line shall be televised in the presence of the Village ‘s representatives to determine points of faulty construction. The Owner shall repair all defects; the method of repair shall be subject to the approval of the Village.

38-5-46 MANHOLES REQUIRED. Manholes shall be installed at all changes in grade and/or direction and at distances not greater than four hundred (400) feet apart. All manhole covers shall be watertight and self-sealing, incorporating an “O” ring gasket. All covers shall have concealed pick holes. Where manhole covers may be subjected to frequent and extreme submergence, additional watertightness shall be ensured by using bolt down covers.

38-5-47 – 38-5-48 RESERVED.

DIVISION VI

USE OF PUBLIC WASTEWATER FACILITIES

38-5-49 DISCHARGE OF STORM WATER. No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

38-5-50 STORM WATER. Stormwater and all other unpolluted drainage shall be discharged to such sewer as are specifically designated as storm sewer, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Village, to a storm sewer, or natural outlet.

38-5-51 REGULATIONS OF WASTES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(A) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solids, or gas.

(B) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

(C) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewer, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

38-5-52 HARMFUL EFFECTS OF CERTAIN MATERIALS. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewer, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewer, materials of construction of the sewer, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:

(A) Any liquid or vapor having a temperature higher than One Hundred Fifty degrees Fahrenheit (150F), (65C).

(B) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of One Hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between Thirty-Two (32) and One Hundred Fifty degrees Fahrenheit (150F), (O and 65C).

(C) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Village.

(D) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solution whether neutralized or not.

(E) Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Village for such materials.

(F) Any waters or wastes containing phenols or other waste odor-producing substances, in such concentration exceeding limits which may be established by the Village as necessary after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(G) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village in compliance with applicable State or Federal regulations.

(H) Any mercury or any of its compounds in excess of 0.0005 mg/l as Hq at any time except as permitted by the Village in compliance with applicable State and Federal regulations.

(I) Materials which exert or cause:

(1) unusual concentrations or inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);

(2) excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(3) unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

(4) unusual volume of flow or concentrations of wastes constituting “slugs” as defined herein.

(J) Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

(K) Any waters or wastes having a pH in excess of 9.5.

(L) Any cyanide in excess of 0.025 mg/l at any time except as permitted by the Village in compliance with applicable State and Federal regulations.

38-5-53 HARMFUL WASTES; APPROVAL.

(A) If any waters or wastes are discharged or are proposed to be discharged to the public sewer, which waters contain the substances or possess the characteristics enumerated in Section 38-5-52 of this Division, and/or which are in violation of the standards for pretreatment provided in 40 CFR 403, June 26, 1978 and any amendments thereto, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(1) reject the wastes;

(2) require pretreatment to an acceptable condition for discharge; and/or;

(3) require control over the quantities and rates for discharge; and/or;

(4) require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of Section 38-5-42.

(B) If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, articles, and laws.

(C) The owner of the pretreatment or equalization facilities shall obtain construction and operating permits from the Illinois Environmental Protection Agency prior to the issuance of final approval by the Superintendent.

(D) Where multiple process or discharges are present or contemplated at an industry, the Village shall have the authority to require the owner or person to furnish and install more than one control manhole with appurtenances and/or require that all sewer be discharged through a single control manhole or structure with appurtenances described herein.

38-5-54 GREASE AND OIL INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

38-5-55 FLOW-EQUALIZING FACILITIES. Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

38-5-56 INDUSTRIAL WASTES CONTROL MANHOLE. Each industry shall be required to install a control manhole and, when required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safety located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

38-5-57 INDUSTRIAL WASTE TESTING.

(A) The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this Code and any special conditions for discharge established by the Village or regulatory agencies having jurisdiction over the discharge.

(B) The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the Village, but no less than once per year the industry must supply a complete analysis of the constituents of the sewer discharge to assure that compliance with the Federal, State, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the Village at such times and in such a manner as prescribed by the Village. The owner shall bear the expense of all measurements, analyses, and reporting required by the Village. At such times as deemed necessary the Village reserves the right to take measurements and samples for analysis by an outside laboratory service.

38-5-58 MEASUREMENTS AND TESTS. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Code shall be determined in accordance with the latest edition of IEPA Division of Laboratories Manual of Laboratory Methods, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls, whereas pH’s are determined from periodic grab samples.)

38-5-59 SPECIAL ARRANGEMENTS. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefore, in accordance with the Chapter, hereof, by the industrial concern provided such payments are in accordance with Federal and State guidelines for User Charge System and Industrial Cost Recovery System. (See Article IV – Division III of this Code)

38-5-60 – 38-5-64 RESERVED.

DIVISION VII

INSPECTIONS

38-5-65 DAMAGE. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

38-5-66 INSPECTION AND TESTING.

(A) The Superintendent and other duly authorized employees of the Village, the Illinois Environmental Protection Agency, and the United States Environmental Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Code.

(B) The Superintendent or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewer or waterway or facilities for waste treatment.

38-5-67 LIABILITY OF VILLAGE. While performing the necessary work on private properties referred to in Section 38-5-66 above, the Superintendent or duly authorized employees of the Village, the Illinois Environmental Protection Agency, and the United States Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Village employees and the Village shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain conditions as required herein.

38-5-68 PRIVATE PROPERTY INSPECTIONS. The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

38-5-69 – 38-5-70 RESERVED.

DIVISION VIII – PENALTIES

38-5-71 PENALTY. Any person found to be violating any provision of this Code except Section 38-5-65 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

The Village may revoke any permit for sewage disposal as a result of any violation of any provision of this ordinance.

38-5-72 CONTINUED VIOLATIONS. Any person who shall continue any violation beyond the time limit provided for in Section 38-5-50 shall be, upon conviction, fined in an amount not less than $120.00 nor more than $750.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. #670; 1/13/2011)

38-5-73 LIABILITY TO VILLAGE. Any person violating any of the provisions of this Chapter shall become liable to the Village by reason of such violation.

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