Please come enjoy the Pumpkin Festival September 22 through September 24, 2017 in downtown Warren Illinois.

 

Title V Public Works

 TITLE V:  PUBLIC WORKS

 Chapter

50.      GARBAGE COLLECTION; RECYCLING

51.      GENERAL WATER AND SEWER PROVISIONS

52.      WATER

53.      SEWERS

CHAPTER 50:  GARBAGE COLLECTION; RECYCLING

 Section

                                          General Provisions

50.01  Title
50.02  Purpose
50.03  Statutory authority
50.04  Abrogation and greater restrictions
50.05  Interpretation
50.06  Applicability
50.07  Administration
50.08  Definitions
50.09  Promulgation of regulations
50.10  Anti-scavenging
50.11  Enforcement
50.12  Landfill user fees

                                      Collection Regulations

50.25  Separation of recyclable material
50.26  Separation requirements exempted
50.27  Care of separated materials
50.28  Management of major appliances and yard waste
50.29  Preparation and collection of recyclable materials
50.30  Responsibilities; multiple-family dwellings
50.31  Responsibilities; nonresidential facilities and properties
50.32  Prohibitions of disposal of separated recyclable materials

50.99  Penalty
Cross-reference:
      Public Health Nuisances, see §§ 92.30 through 92.35
      Subdivisions, see Ch. 150
      Unsanitary premises, see § 92.01
      Zoning, see Ch. 151

 GENERAL PROVISIONS

§ 50.01  TITLE.

The title of this chapter is the “Garbage Collection; Recycling Chapter.”
(‘87 Code, § 13-3-1.01)  (Am. Ord. 52912, passed 5-29-12)

§ 50.02  PURPOSE.

The purpose of this chapter is to provide for a village garbage collection procedure and service, to promote recycling, composting and resource recovery through the administration of an effective recycling program, and to meet or exceed the provisions of the State Solid Waste planning and Recycling Act.
(‘87 Code, § 13-3-1.02)  (Am. Ord. 52912, passed 5-29-12)

§ 50.03  STATUTORY AUTHORITY.

This chapter is adopted as authorized under state statutes.
(‘87 Code, § 13-3-1.03)  (Am. Ord. 52912, passed 5-29-12)

§ 50.04  ABROGATION AND GREATER RESTRICTIONS.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law.  However, whenever this chapter issues greater restrictions, the provisions of this chapter shall apply.
(‘87 Code, § 13-3-1.04)  (Am. Ord. 52912, passed 5-29-12)

§ 50.05  INTERPRETATION.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by state statues. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or restrictions shall apply.  Where a provision of this chapter is required by the State Solid Waste Planning and Recycling Act, ILCS Ch. 415, Act 15, §§ 1 et seq., and the provision is unclear, the provision shall be interpreted in light of the state standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
(‘87 Code, § 13-3-1.05)  (Am. Ord. 52912, passed 5-29-12)

§ 50.06  APPLICABILITY.

The requirements of this chapter apply to all persons within the village.
(‘87 Code, § 13-3-1.07)  (Am. Ord. 52912, passed 5-29-12)

§ 50.07  ADMINISTRATION.

The Village Board shall administer the provisions of this chapter.
(‘87 Code, § 13-3-1.08)  (Am. Ord. 52912, passed 5-29-12)

§ 50.08  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BI-METAL CONTAINER.  A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

CONTAINER BOARD.  Corrugated paperboard used in the manufacture of shipping containers and related products.

FOAM POLYSTYRENE PACKAGING.  Packaging made primarily from foam polystyrene that satisfies one of the following criteria:

(1)          Consists of loose particles intended to fill space and cushion the packaged article in a shipping container; and

(2)      Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

HDPE.  High-density polyethylene, labeled by the SPI Code #2.

LDPE.  Low-density polyethylene, labeled by the SPI Code #4.

MAGAZINES.  Magazines and other materials printed on similar paper.

MAJOR APPLIANCES.  Residential or commercial air conditioners, furnaces, boilers, dehumidifiers, water heaters, clothes dryers, clothes washers, dishwashers, freezers, microwave ovens, ovens, refrigerators or stoves.

MULTIPLE-FAMILY DWELLING.  A property containing five or more residential units, including those that are occupied seasonally.

NEWSPAPER.  A newspaper and other materials printed on newspaper.

NONRESIDENTIAL FACILITIES AND PROPERTIES.  Commercial, retail, industrial, institutional and governmental facilities and properties.  This term does not include multiple-family dwellings of more than four units.

OFFICE PAPER.  High-grade printing and writing papers from offices in nonresidential facilities and properties.  Printed white ledger and computer printouts are examples of OFFICE PAPER generally accepted as high grade.  This term does not include industrial process waste.

OTHER RESINS or MULTIPLE RESINS.  Plastic resins labeled by the SPI Code #7.

PERSON.  Any individual, corporation, partnership, association, local governmental unit, state agency or authority or federal agency.

PETE.  Polyethylene terephthalate, labeled by the SPI Code #1.

PLASTIC CONTAINER.  An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack that is originally used to contain a product that is subject of retail sale.

POST-CONSUMER WASTE.  Solid waste other than the solid waste generated in the production of goods, hazardous waste, as defined in state statutes, waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in state statutes.

PP.  Polypropylene, labeled by the SPI Code #5.

PS.  Polystyrene, labeled by the SPI Code #6.

PVC.  Polyvinyl chloride, labeled by the SPI Code #3.

RECYCLABLE MATERIALS.  Lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper: rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.

SOLID WASTE.  The meaning specified in state statutes.

SOLID WASTE FACILITY.  The meaning specified in state statutes.

SOLID WASTE TREATMENT.  Any method, technique or process that is designed to change the physical, chemical or biological character or composition of solid waste.

SPI CODE.  The SPI Resin Identification Code developed by the Society of the Plastics Industry.

TREATMENT.  Includes incineration.

WASTE TIRES.  A tire that is no longer suitable for its original purpose because of wear, damage or defect.

YARD WASTE.  Leaves, grass clippings, yard and garden debris and brush, including clean, woody vegetative material no greater than six inches in diameter.  The term does not include stumps, roots or shrubs with intact root balls.
(‘87 Code, § 13-3-1.10)  (Am. Ord. 52912, passed 5-29-12)

§ 50.09  PROMULGATION OF REGULATIONS.

The Village Board shall prepare regulations, standards and schedules as necessary to make effective all provisions of this chapter.  Periodically, the Village Board shall have notices prepared and shall distribute other information to persons and entities generating waste within the municipality for the purpose of informing the public about the requirements dictated by this mandatory source separation recycling provision.
(‘87 Code, § 13-3-1.18)  (Am. Ord. 52912, passed 5-29-12)

§ 50.10  ANTI-SCAVENGING.

Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection unless good faith applies.  All recyclable materials placed for collection pursuant to this chapter shall thereupon become the property of the municipality’s solid waste contractor.  Only persons authorized by the municipality or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection.  Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided hereinafter.
(‘87 Code, § 13-3-1.20)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 50.99

§ 50.11  ENFORCEMENT.

(A) For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the municipality may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information.

(B)  No person may refuse access to any authorized officer, employee or authorized representative of the municipality who requests access for purposes of inspection, and who presents appropriate credentials.  No person may obstruct, hamper or interfere with an inspection.
(‘87 Code, § 13-3-1.21)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 50.99

§ 50.12  LANDFILL USER FEES.

(A) All residential users shall pay a user fee to cover the expenses of collection and disposal of refuse at a rate to be established by the Board of Trustees, per month, payable monthly.

(B)  The landfill user fee shall be billed together with the water and sewer bills described herein. All user fee bills are due and payable within 20 days of the mailing of water, sewer and landfill user fee  or garbage bills.  If the bill is not paid within the 20 days, a late fee penalty of 10% shall be added to all bills not paid by the twentieth day after they have been rendered.

(C)      Payments rendered in collection of the landfill user fee, water, wastewater and sewer service bills shall be first applied to the landfill user fee, then for sewer/wastewater service, and then for water service.

(D) All bills are due and payable on or before the date set forth on the bill.  Water, sewer, garbage (refuse), capital outlay and debt service charges will be sent on or near the first day of the month succeeding the monthly period for which service was supplied.  All bills will be due and payable for the period that the service is billed, not later than the close of business on the twentieth day after the bills have been sent.

(E)  If payment of the full amount of the bill is not made by or before the due date, a penalty of 10% will be added to the outstanding balance.  A second bill will be hand delivered on the twenty-second day of the month by a village employee.  This bill will be due within five days.  If payment is not received by the close of business of the fifth day, a shut-off notice will be delivered by the Police Department.
(‘87 Code, § 13-3-1.30)  (Am. Ord. 52912, passed 5-29-12)

COLLECTION REGULATIONS

§ 50.25  SEPARATION OF RECYCLABLE MATERIAL.

Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:

(A) Lead acid batteries;

(B)      Major appliances;

(C)      Waste oil;

(D) Yard waste;

(E)      Aluminum containers;

(F)  Bi-metal containers;

(G)      Corrugated paper or other container board;

(H) Foam polystyrene packaging;

(I)   Glass containers;

(J)      Magazines;

(K)      Newspaper;

(L)      Office paper;

(M) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins;

(N) Steel containers; and

(O)      Waste tires.
(‘87 Code, § 13-3-1.11)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 50.99

§ 50.26  SEPARATION REQUIREMENTS EXEMPTED.

The separation requirements of § 50.25 do not apply to the following:

(A)      Occupants of four or more unit residencies, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility, licensed by the State Environmental Protection Agency, that recovers the materials specified in § 50.25 from solid waste in as pure a form as is technically feasible;

(B)  Solid waste that is burned as a supplemental fuel at a facility if less that 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel; and/or

(C)  A recyclable material specified herein for which a variance has been granted by the state.
(‘87 Code, § 13-3-1.12)  (Am. Ord. 52912, passed 5-29-12)

§ 50.27  CARE OF SEPARATED MATERIALS.

(A) To the greatest extent practical, the recyclable materials separated in accordance with § 50.25 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to, household hazardous waste, medical waste and agricultural chemical containers.

(B)      Recyclable materials shall be sorted in a manner that protects them from wind, rain and other inclement weather conditions.  The collector of recyclables shall be entitled to refuse to accept recyclables that are contaminated or otherwise in a condition that makes recycling infeasible.
(‘87 Code, § 13-3-1.13)  (Am. Ord. 52912, passed 5-29-12)

§ 50.28  MANAGEMENT OF MAJOR APPLIANCES AND YARD WASTE.

Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:

(A) Lead acid batteries shall not be picked up by the solid waste contractor.  Batteries must be properly recycled by the residents in accordance with federal, state, county and local rules and regulations;

(B)      Major appliances shall be placed at roadside separated from solid waste for collection by the municipality’s solid waste contractor.  Appliances shall be upright and empty.  Freezers and refrigerators must have doors removed;

(C)      Waste oil shall not be collected by the municipality’s solid waste contractor.  Common engine oil shall be disposed or recycled in accordance with federal, state, county and/or local rules and regulations;

(D) Yard waste shall be composted by the homeowner via backyard composting or other methods available to the homeowner.
(‘87 Code, § 13-3-1.14)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 50.99

§ 50.29  PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS.

Except as otherwise directed by the Village Board, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the materials specified herein.

(A)      Aluminum containers shall be rinsed and placed in the recycling container provided for collection.  No aluminum foil, T.V. dinner trays and the like will be collected.  Aluminum beverage cans only.

(B)  Bi-metal containers shall be rinsed and have labels removed, and shall be placed in the recycling container provided for collection.  Containers may be flattened to save space within the recycling container.

(C)      Corrugated paper or other container board shall be flattened, tied in bundles and placed along the recycling container for collection.

(D) Foam polystyrene packaging will not currently be collected for recycling.

(E)  Glass containers shall be rinsed, all metal and plastic caps and rings shall be removed, and the containers shall be placed in the recycling container for collection.

(F)      Magazines shall be tied in bundles and placed along or within the recycling container for collection.

(G)      Newspaper shall be tied in bundles and placed along or within the recycling container for collection.

(H)      Office paper shall be placed inside paper grocery bags and placed along or within the recycling container for collection.

(I)      Plastic containers made of PETE, HDPE, PVC, LDPE, PP and PS shall be rinsed and placed within the recycling container for collection.  Containers may be flattened to save space within the recycling container.

(J)   Steel containers shall be rinsed and have labels removed, and placed within the recycling container for collection.  Containers may be flattened to save space within the recycling container.

(K)  (1)      Waste tires shall be cut and quartered by the residents and placed at roadside separated from solid waste for collection by the municipality’s solid waste contractor.  Car, truck and other tires, not to exceed the sum of four tires per year, and size not to exceed four feet in diameter or 80 pounds in weight, will be collected.

(2)      The solid waste contractor will use best efforts to find a disposal source for tires that does not require the cutting of tires into fourths.
(‘87 Code, § 13-3-1.15)  (Am. Ord. 52912, passed 5-29-12)

§ 50.30  RESPONSIBILITIES; MULTIPLE-FAMILY DWELLINGS.

(A)      Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified herein:

(1)      Provide adequate containers for the recyclable materials;

(2)      Notify tenants, in writing, at the time of renting or leasing the dwelling, and at least semiannually thereafter, about the recycling program;

(3)      Provide for the collection of the materials separated from the solid waste by the tenants, and the delivery of the materials to a recycling facility; and

(4)      Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, location and hours of operation, and a contact person or company, including a name, address and telephone number.

(B)  The requirements specified herein do not apply to the owners or designated agents of multiple-family dwellings, if the post-consumer waste generated within the dwelling is treated at a processing facility, licensed by the state, that recovers for recycling the materials specified herein from solid waste in as pure a form as is technically feasible.
(‘87 Code, § 13-3-1.16)  (Am. Ord. 52912, passed 5-29-12)

§ 50.31  RESPONSIBILITIES; NONRESIDENTIAL FACILITIES AND PROPERTIES.

(A)      Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified herein:

(1)      Provide adequate containers for the recyclable materials;

(2)      Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program;

(3)      Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants, and the delivery of the materials to a recycling facility; and

(4)      Notify users, tenants and occupants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, location and hours of operation, and a contact person or company, including a name, address and telephone number.

(B)  The requirements specified in division (A) above do not apply to the owners or designated agents of nonresidential facilities and properties, if the post-consumer waste generated within the facility or property is treated at a processing facility, licensed by the state, that recovers for recycling the materials specified herein from solid waste in as pure a form as is technically feasible.
(‘87 Code, § 13-3-1.17)  (Am. Ord. 52912, passed 5-29-12)

§ 50.32  PROHIBITIONS OF DISPOSAL OF SEPARATED RECYCLABLE MATERIALS.

No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified herein which have been separated for recycling, except waste which may be burned for energy recovery in a solid waste treatment facility.
(‘87 Code, § 13-3-1.19)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 50.99

§ 50.99  PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B)  (1)      Any person who violates a provision of this chapter may be issued a citation by any police officer of the municipality.  The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter.  Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance or a citation hereunder.

(2)      Any person who violates § 50.32 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $750 for a third or subsequent violation.

(3)      Any person who violates a provision of this chapter, except § 50.32, may be required to forfeit not less than $50 nor more than $750 for each violation.

(4)      Each incident of violation shall be a separate offense, and each day or part thereof during which a violation occurs shall be deemed a separate offense.
(‘87 Code, § 13-3-1.21)  (Am. Ord. 52912, passed 5-29-12)

CHAPTER 51:  GENERAL WATER AND SEWER PROVISIONS

Section

51.01  Rates and charges

§ 51.01  RATES AND CHARGES.

(A)      Resident water rates.

 

Use in Gallons Per Month

Charge

0 – 2,000

$8.00

2,001 and over

$2.00 per 1,000 gallons

(B)      Resident sewer rates.

 

Use in Gallons Per Month

Charge

0 – 3,000

$7.00

3,001 and over

$5.50 per 1,000 gallons

(C)      Nonresident water rates.

 

Use in Gallons Per Month

Charge

0 – 2,000

$16.00

2,001 and over

$4.00 per 1,000 gallons

(D)      Nonresident sewer rates.

 

Use in Gallons Per Month

Charge

0 – 3,000

$14.00

3,001 and over

$11.00 per 1,000 gallons

(E)      Additional fees.

(1)      Debt service charge.  In recognition of the need to pay off long-term debt associated with the water and sewer systems, there is imposed on all users of the municipal water and sewer systems the following:

(a)  For all water service users, the debt service charge shall be a fixed rate of $3.00 per month;

(b)  For all sewer service users, the debt service charge shall be a fixed rate of $18.25 per month.

(2)  Capital outlay charge.  In recognition of the need to acquire and accumulate additional funds for the purchase of equipment for the water system, there is imposed on all users of the municipal water services an additional fee of $3.00 per month.

(F)      Future apartments.  In future apartment houses, each apartment is to be metered.

(G)      Existing apartments.  In existing apartments and single apartments, each apartment shall pay the minimum rate.  The apartment owner shall be responsible for the minimum amount on each apartment and any coverage, and it shall be paid by the owner of the apartment building.

(H)      Mobile home parks.  In existing mobile home parks, each mobile home shall pay the minimum rate.  The mobile home park owner shall be responsible for the payment minimum account and overage for each mobile home.

(I)      Disagreement over rates and service charges.  The method for computation of rates and service charges established for user charges in Article I shall be made available to a user within 30 days of receipt of a written request to the Collector of Water Rents for such.  Any disagreement over the method used or in the computations thereof shall be first brought to the attention of the village by written request to the Collector of Water Rents, and subsequently brought to the attention by written request to the Superintendent of Water Works.  If an agreeable resolution is not forthcoming from the foregoing actions within 60 days of notification, the issue shall be remedied by a third party selected by the complainant and the Village Board during the next regularly scheduled board meeting.
(‘87 Code, § 27-51)  (Am. Ord. passed 5-27-98; Am. Ord. 5101, passed 1-28-02; Am. Ord. 52912, passed 5-29-12)

CHAPTER 52:  WATER

Section

 General Provisions

52.001  Superintendent of Waterworks; Work Coordinator
52.002  Collector of Water Rents
52.003  Definitions

 Water Meters

52.015  Service to be metered
52.016  Size
52.017  Furnished and set by Department
52.018  Location
52.019  Installation specifications and procedure
52.020  Water meter fees
52.021  Liability

Rates and Charges

52.035  Metered service; exceptions
52.036  System of accounts; audits
52.037  Where payable
52.038  When payable
52.039  Delinquent payments
52.040  Liability until collector notified
52.041  Question of meter accuracy
52.042  Rates schedule

Waterworks Rules and Regulations

52.055  Contract between Department and customer
52.056  Condition of wells, pumps and pump houses
52.057  Information relative to main and service pipe location
52.058  Access to premises
52.059  Applications for service
52.060  Single premises use; fire protection service
52.061  Private fire protection
52.062  Hook-up procedure
52.063  Discontinuance of service
52.064  Responsibility for leaking or damage
52.065  Leaking service pipes
52.066  Wasting water
52.067  Useless service pipes
52.068  Tubing and material; source and approval
52.069  Right to attach meters
52.070  Interior plumbing
52.071  Taps
52.072  Mains; decisions or construction and replacements
52.073  Minimum diameters
52.074  Costs and expenses of construction
52.075  Fire hydrants

Cross-Connection Control

52.085  Compliance with State Plumbing Control
52.086  Entrance into public system; approval
52.087  Surveys and investigations
52.088  Right of entrance
52.089  Precautionary measures; disconnection
52.090  Responsibility

System Extensions

52.100  Terms and conditions

GENERAL PROVISIONS

§ 52.001  SUPERINTENDENT OF WATERWORKS; WORK COORDINATOR.

(A) The Work Coordinator or the Superintendent of the Waterworks shall be the general executive officer of the Waterworks. 
(‘87 Code, § 27-11)

(B)  The Work Coordinator or the Superintendent of the Waterworks shall be appointed by the Village Board, at one of the regular meetings, and shall serve for the fiscal year, ending May 1. 
(‘87 Code, § 27-12)

(C)  (1)      The Work Coordinator or the Superintendent of the Waterworks shall have special supervision of all buildings, machinery, grounds and everything connected with the water system and the collection of water rents, and shall see that no depredations or misdemeanors are committed.

(2)      He or she shall see that the rules and regulations and all resolutions of the Board relating to the Waterworks are executed.

(3)      He or she shall see that the conditions of all contracts by or with the Waterworks are faithfully complied with.

(4)      He or she shall see that the assessment for water purposes are duly made, collected and paid into the Village Treasury.

(5)      He or she shall examine all accounts and submit the same to the Water Committee, with explanations as to enable the Committee to act advisedly thereon.

(6)      He or she shall have a general supervision over all operations and interests of the Waterworks and the direction of all employees.

(7)      He or she shall perform other duties as the Village Board may prescribe.
(‘87 Code, § 27-13)

(D) The Work Coordinator or the Superintendent of Waterworks shall make an annual report of the condition and operation of the Waterworks, and shall embody therein suggestions as he or she may deem necessary. 
(‘87 Code, § 27-14)

(E)  The annual pay of the Work Coordinator or the Superintendent of Waterworks shall be set by the Village Board at the annual budget meeting. 
(‘87 Code, § 27-15)
(Am. Ord. 52912, passed 5-29-12)

§ 52.002  COLLECTOR OF WATER RENTS.

(A)  Appointment of the Collector of Water Rents shall be made by the Village Board on an annual basis.  (‘87 Code, § 27-22)

(B)  The Collector of Water Rents shall render bills for water service and for all rates and charges in connection therewith, and shall collect all monies due therefor.  Not more than 21 days after the receipt of the same, the Collector shall deliver all of the sums to the Village Treasurer, and secure a receipt thereof. 
(‘87 Code, § 27-23)

(C)  (1)      The Collector of Water Rents shall keep a list of those subscribers who shall be delinquent one payment or more.

(2)      The list shall be reviewed monthly by the Water Committee for the appropriate action it deems necessary.
(‘87 Code, § 27-24)

(D)      Compensation for the services of the Collector of Water Rents shall be determined by the Water Committee, subject to the approval of the Village Board. 
(‘87 Code, § 27-25)

(E)  The Collector of Water Rents shall be under supervision of the Superintendent of Waterworks or Work Coordinator. 
(‘87 Code, § 27-26)
(Am. Ord. 52912, passed 5-29-12)

§ 52.003  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATOR.  The Administrator of the U.S. Environmental Protection Agency.

APPROVING AUTHORITY.  The Executive of the Waterworks.

DIRECTOR.  The Director of the Illinois Environmental Protection Agency.

EASEMENT.  An acquired legal right for the specific use of land owned by others.

FEDERAL ACT.  The 1996 Federal Safe Drinking Water Act amendments.

MILLIGRAMS PER LITER.  A unit of the concentration of water constituent.  It is 0.001 g of the constituent in 1,000 ml 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 analysis.

ORDINANCE or CODE.  This specific ordinance or code.

PERSON.  Any and all persons, natural or artificial, including any individual, firm, company, municipality, or private corporation, association, society, institution, enterprise, government agency or other entity.

pH.  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.

ppm.  Parts per million by weight.

REPLACEMENT.  Expenditures for obtaining and installing equipment, accessories or appurtenances, which are necessary during the useful life of the works to maintain the capacity and performance for which the works were designed and constructed.  The term operation and maintenance includes replacement.

STATE ACT.  The Illinois Anti-Pollution Bond Act of 1970.

STATE LOAN.  The State of Illinois participation in the financing of the construction of water works, as provided for by the Illinois Anti-Pollution Bond Act, for making such loans as filed with the Secretary of State of the State of Illinois.

TILE or CONCRETE VAULT.  A pipe or box used to safely house the metering device.

USEFUL LIFE.  The estimated period during which the water works will be operated.

VILLAGE or MUNICIPAL.  The Village of Warren, Jo Daviess County, Illinois.

WATER FUND.  The principal accounting designation for all revenues received from the water use rates.

WATER RATE.  The charge per quarter levied on all users of the water facilities.  The rate shall be computed as outlined in §§ 51.01 and 52.035—52.042, and shall consist of the total operation, maintenance and debt service costs of providing for the service.
(Am. Ord. 5101, passed 1-28-02; Am. Ord. 52912, passed 5-29-12)

WATER METERS

§ 52.015  SERVICE TO BE METERED.

All users of municipal water and sewer service shall be metered as provided in this chapter.
(‘87 Code, § 27-31)  (Am. Ord. 52912, passed 5-29-12)

§ 52.016  SIZE.

The Work Coordinator shall determine the size of the meter suitable for the service desired at a location.
(‘87 Code, § 27-32)  (Am. Ord. 52912, passed 5-29-12)

§ 52.017  FURNISHED AND SET BY DEPARTMENT.

All meters shall be furnished and set by the Water Department.
(‘87 Code, § 27-33)  (Am. Ord. 52912, passed 5-29-12)

§ 52.018  LOCATION.

Each property owner must provide a suitable location in the service pipe for the meter.
(‘87 Code, § 27-34)  (Am. Ord. 52912, passed 5-29-12)

§ 52.019  INSTALLATION SPECIFICATIONS AND PROCEDURE.

(A)      Meters shall be placed on the service pipe, not to exceed two feet from the well where the pipe enters the premises.

(B)  There shall be a stop and waste valve between each meter and the wall, and a suitable place provided for the meter so as to keep it dry and clean and readily accessible at all times to the meter reader and employees of the Water Department.

(C)  All valves and fittings necessary to comply with these requirements and to provide connection to the meter, except a flange or coupling at each end of the meter shall be provided by the owner of the premises.

(D) In the event of any noncompliance by the owner, the Water Department shall complete the necessary work and bill the owner for the preparatory work.

(E)  The entire length of the service pipe, from the point of entry to the water meter, shall always be exposed.

(F)  The entire length of the service pipe shall be free from all obstructions so it can be easily read and serviced, and shall be protected by the user from freezing or physical damage.

(G) In case of willful damage, tampering or frost breakage of the meter, the meter shall be replaced or repaired at the property owner’s expense.  For willful damage or tampering, the property owner shall also pay a fine of:

(1)      For residential users, a minimum fine of $100 and a maximum fine of $500; and

(2)      For business users, a minimum fine of $250 and a maximum fine of $500.

(H) In residential areas, where there is no easement, and conditions are such that installation of a water meter would be impractical inside the building, the meter shall be placed in a pit, not more than ten feet inside the property line.  The top of the meter shall be located at least 14 inches below the ground line, and shall be protected with a meter setter, with an expansion joint or its equal.  For a 5/8-inch meter, a 21-inch diameter tile shall be used for the pit section.  For a ¾-inch or one-inch meter, a 24-inch diameter tile shall be provided.  The pit shall be covered with a cast iron cover provided with an auxiliary inner cover to make air space.  Soil shall be packed lightly around the tile and cover, clear up to the lid, and care should he taken not to use crushed rocks, cinders or gravel.  Clay or foam are recommended.  Water meters over one-inch in diameter shall be set in a concrete vault and shall be provided with a connection to the sewer or drain, or wherever the same are available.  All costs of pit construction are to be done by the owner of the property.
(‘87 Code, § 27-35)  (Am. Ord. 52912, passed 5-29-12)

§ 52.020  WATER METER FEES.

(A) Upon property where there is an unmetered private water supply, with charges for sewer service only, rates shall be determined in each and every case by the Village Board.  The rate amount shall be open to review and adjustment at any time.

(B)  In lieu of payment of a water meter deposit, in every case where a water meter is installed, the occupant or user of the premises shall pay a meter fee of $25.

(C)  The water meter fee shall be due and payable upon receipt of a statement from the Water Department.

(D) The water meter fee may be retained and used as the Water Department may see fit.

(E)      Regarding those amounts originally designated as a deposit prior to the effective date of this amendment, when service is discontinued, and only upon the request of the user, the amount classified as a deposit, less any unpaid balances, will be refunded.  If no request for refund is made, the Water Department may use the balance as the Department may see fit for water system use.

(F)      Regarding those amounts originally designated as a deposit prior to the effective date of this amendment, when the service is discontinued for the nonpayment of water bills or for violation by the user of the rules and regulations of the Water Department, the Water Department shall apply the fee against the account of the user.
(‘87 Code, § 27-36)  (Am. Ord. passed 7-13-09)

§ 52.021  LIABILITY.

(A)      Definition.  For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

CONSUMER or USER.  The owner of the premises served by the utility services.

(B)      Building owner liable.  The owner of the premises, regardless of the actual occupant or beneficiary of utility services, shall be liable to pay for village utility services delivered to the premises.

(C)      Billing account in name of premises owner.  As a condition of new or continued utility service to any real property within the village limits of the village, if not previously established, each real property owner must establish a billing account in the name of the premises owner.
(‘87 Code, § 27-41.1)

(D)      Quarterly billing.  At its meeting on May 29, 2012, the Village Board determined that:

(1)      The owner of the property is responsible for all water used;

(2)  If less than 2,000 gallons of water is used, regardless of the number of days, the property owner will pay a minimum charge;

(3)      There will be no prorating of water/sewer/garbage/surcharge bills; and

(4)      The Village Board changed the billing process from quarterly billings to monthly billings.
(Am. Ord. 52912, passed 5-29-12)

RATES AND CHARGES

§ 52.035  METERED SERVICE; EXCEPTIONS.

(A) All water services shall eventually be metered, except as specified in the rates established in the Office of the Work Coordinator.

(B)  The Department, at its option, may place and maintain a water meter upon the service pipe of any customer and furnish the supply at the water meter.
(‘87 Code, § 27-44)  (Am. Ord. 52912, passed 5-29-12)

§ 52.036  SYSTEM OF ACCOUNTS; AUDITS.

(A) The village 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 service.

(B)  The adequacy of the water service rates shall be reviewed, not less often than annually, by certified public accountants for the village in their annual audit report.  The water service rates shall be revised periodically to reflect a change in local capital costs or O, M, & R costs.

(C)      Access to records:  The IEPA or its authorized representatives shall have access to any books, documents, papers and records of the village  applicable to the village system of user charges, for the purpose of making audit, examination, excerpts and transcriptions thereof, to insure compliance with the terms of the loan agreement and rules.
(‘87 Code, § 27-45)  (Am. Ord. 5101, passed 1-28-02; Am. Ord. 52912, passed 5-29-12)

§ 52.037  WHERE PAYABLE.

All accounts or bills for water service shall be payable at the Collector’s office or at an authorized collection agency.
(‘87 Code, § 27-46)  (Am. Ord. 52912, passed 5-29-12)

§ 52.038  WHEN PAYABLE.

(A) All meters shall be read quarterly and bills rendered within two days after the reading.

(B)  All water rents shall be billed together with the sewer and landfill user fees, garbage and recycling pick-up fees described in Chapter 50 of this code of ordinances.  All user fee bills are due and payable within 20 days of the mailing of water sewer and garbage bills.
(‘87 Code, § 27-47)  (Am. Ord. 52912, passed 5-29-12)

§ 52.039  DELINQUENT PAYMENTS.

(A) If the bill is not paid within the 20 days, a late fee penalty of 10% shall be added to all bills not paid by the twentieth day after they have been rendered.

(B)      Payments rendered in collection of the landfill, garbage collection, user fees, water rents and wastewater and sewer service bills shall be first applied to the landfill user fee, then for sewer/wastewater service, and then for water service.

(C)  It is the policy of the village to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.  The village’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect that:

(1)      All bills are due and payable on or before the date set forth on the bill.  Water, sewer, garbage, capital outlay and debt service charges will be sent on or near the first day of the month succeeding the monthly period for which service was supplied.  All bills will be due and payable for the period that the service is billed, not later than close of business on the twentieth day after the bills have been sent;

(2)  If payment of the full amount of the bill is not made by or before the due date, a penalty of 10% will be added to the outstanding balance.  A second bill will be hand delivered on the twenty-second day of the month by a village employee.  This bill will be due within five days.  If payment is not received by close of business of the fifth day, a shut-off notice will be delivered by the Police Department; and

(3)      Any customer disputing the correctness of his or her bill shall have a right to a hearing, at which time he or she may be represented in person and by counsel or any other person of his or her choosing, and may present, orally or in writing, his or her complaint and contentions to the village official in charge of utility billing.  This official shall be authorized to order that the customer’s service not be discontinued, and shall have the authority to make final determination of the customer’s complaint.

(D)      Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered.  In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(E)  When it becomes necessary for the village to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $25.

(F)      Liens.

(1)      Whenever a bill for utility service remains unpaid for a period of 45 days or more after rendering, the Village Clerk shall file with the Jo Daviess County Recorder a sworn statement of lien
claim.  This statement shall contain the legal description of the premises served, the amount of the unpaid bill, the date the bill became delinquent, the fees and charges owed, as well as a notice that the village claims a lien for this amount, as well as for all charges subsequent to the period covered by the bill.  The notice and statement of lien shall be signed by the Village Clerk.

(2)      A copy of the notice of the filing of the claim for lien shall be mailed to the occupant and the owner of the property if his or her address is known.  Failure of the village to record the lien in the time specified, or to mail the notices in the time specified, or of the owner to actually receive the notice, shall not affect the right of the village to file a lien or to foreclose the lien for unpaid bills as mentioned herein.

(3)      In addition to filing a notice of lien, the village may file a civil suit against owners or tenants whose utility bills have been delinquent for at least 45 days.  In addition to all delinquent amounts and fees, the owner or tenant shall pay the village’s actual attorney’s fees and costs in seeking recovery for nonpayment for utility service.

(4)      Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens.  The village may foreclose on any lien for utility services in the same way as mortgages are foreclosed on real estate.  The Village Attorney is hereby authorized and directed to institute the proceedings in the name of the village in the circuit court for the County of Jo Daviess, Illinois, against any property for which the bill has remained unpaid for 45 days from the date it has been rendered.
(‘87 Code, § 27-48)  (Ord. passed 6-28-04; Am. Ord. 52912, passed 5-29-12)

§ 52.040  LIABILITY UNTIL COLLECTOR NOTIFIED.

Customers are liable for payment of all water used on the premises until notice has been received at the office of the Collector that the use of the water is no longer desired.
(‘87 Code, § 27-49)  (Am. Ord. 52912, passed 5-29-12)

§ 52.041  QUESTION OF METER ACCURACY.

(A) In the case of a disputed account, a question as to the accuracy of a meter, the customer may request, in writing, that the meter be tested.

(B)  The Department shall remove the meter and have the same tested in its meter shop.

(C)  The customer shall be present at the time of the test.

(D) The results of the test shall be turned over to the Water Committee.

(E)  The decision of the Committee shall be final.
(‘87 Code, § 27-50)  (Am. Ord. 52912, passed 5-29-12)

§ 52.042  RATES SCHEDULE.

The schedule of rates and charges shall be as set out in § 51.01.
(Am. Ord. 52912, passed 5-29-12)

WATERWORKS RULES AND REGULATIONS

§ 52.055  CONTRACT BETWEEN DEPARTMENT AND CUSTOMER.

The following rules and regulations set out in this subchapter shall be considered a part of the contract between the Department and every customer who takes water supplied by the Department’s facilities.  Every homeowner who takes water shall be considered as having expressed his or her agreement to the same thereby.
(‘87 Code, § 27-57)  (Am. Ord. passed 1-9-95; Am. Ord. 52912, passed 5-29-12)

§ 52.056  CONDITION OF WELLS, PUMPS AND PUMP HOUSES.

(A) The condition of the wells, pumps and pump houses shall be maintained according to county and state standards for same.

(B)  State tests shall be conducted, both at the pumps and at the stub and hydrants, every six months, for both purity and clarity of the water.

(C)  If state conditions are not met, it shall be the first responsibility of this Department to correct those conditions.
(‘87 Code, § 27-58)  (Am. Ord. 52912, passed 5-29-12)

§ 52.057  INFORMATION RELATIVE TO MAIN AND SERVICE PIPE LOCATION.

The information as may be obtained from the records, maps, employees and the like of the Department relative to the location of drains and service pipes will be furnished to licensed plumbers and interested parties, but the Department does not guarantee the accuracy of the same.
(‘87 Code, § 27-59)  (Am. Ord. 52912, passed 5-29-12)

§ 52.058  ACCESS TO PREMISES.

Any agent of the Department shall have access to the premises of any customer at any reasonable time, to read or remove the meter and to inspect the service, fixtures or uses.
(‘87 Code, § 27-60)  (Am. Ord. 52912, passed 5-29-12)

§ 52.059  APPLICATIONS FOR SERVICE.

All applications for water service must be made at the office of the Village Clerk, in writing, on forms furnished by the Clerk, by the parties desiring the service, and must state the uses to which the water is to be applied, the size of the connection desired, and the correct lot, block and street number of the premises to be supplied.  No service will be supplied to property outside the village limits.
(‘87 Code, § 27-61)  (Am. Ord. 52912, passed 5-29-12)

§ 52.060  SINGLE PREMISES USE; FIRE PROTECTION SERVICE.

(A) A service pipe shall be used to supply a single premises only.

(B)  No premises shall be supplied by more than one pipe unless private fire protection service is also desired.
(‘87 Code, § 27-62)  (Am. Ord. 52912, passed 5-29-12)

§ 52.061  PRIVATE FIRE PROTECTION.

(A)      Application for private fire protection shall be made to the Village Clerk, in writing and accompanied by a complete and correct drawing, showing the location of the premises to be supplied, together with the location of all water pipes, hydrants, tanks, sprinkler heads and other appurtenances on the premises.

(B)  These plans shall remain the property of the Department.

(C)  All fire service connections shall be made and installed by the Department from the street drain to a point just through the wall of the building, or to the lot line where buildings are set back from the lot line.

(D) The applicant shall pay the cost of the labor and materials for the extensions.

(E)  All repairs to the service pipe between the street main and the building shall be done by the Department at the expense of the owner.

(F)  The Department shall limit the size of fire protection service in cases where the street drains are of the size as to make it necessary in order to protect the public interest.

(G) If more than one service is installed to the same premises, the piping system of one shall not be connected with the other, except by special permission of the Water Committee.

(H) No private fire protection service shall be larger than six inches in diameter.

(I)   The cost of installing the system must be paid for in 30 days or the water will be turned off.

(J)   The connection is to be used for fire purposes only, and shall leave no connection with any other taps.

(K)  The Water Department makes no guarantee as to the pressure in this pipe or the drain supplying the same, and shall not be liable for loss or damage sustained for deficiency or failure in the supply of water, whether by shutting off water for alterations, repairs or for any cause whatsoever.

(L)  The Department is not responsible for damage done to boilers or water heaters or any other device whereby a stoppage of water might cause damage.  It does not guarantee a continuous supply of water.
(‘87 Code, § 27-63)  (Am. Ord. 52912, passed 5-29-12)

§ 52.062  HOOK-UP PROCEDURE.

The procedure for obtaining a hook-up to the mains of the village shall be as follows.

(A) An application, furnished by the Village Clerk, shall be filled out and approval of the Water Superintendent must be obtained.

(B)  The Superintendent shall outline the necessary work to be done.  A hook-up fee of $1,200 shall be charged for water and sewer, including street breaking and repair.  Only 50% of the hook-up fee will be charged for just water or sewer hook-up.  The hook-up fee shall be paid to the Village Clerk before the work begins.

(1)      Under the supervision of the Work Coordinator or Superintendent of Waterworks, the main shall be tapped and a stopcock inserted.  This shall be known as the corporation cock.

(2)      The service pipe shall then be connected to the corporation cock and laid to the inside of the street line, and there shall be set a stopcock or buffalo box.

(3)      This box shall be under the sole control of the Water Department and no one, except an employee of the Department or a licensed plumber, shall open the cover of the box or turn on and off the water.

(4)      The box must be kept flush with the surrounding ground or sidewalk.

(5)  It must be kept in good condition by the owner, ready for use at all times.

(6)      Should the owner neglect to have installed a box, or to have the same properly maintained, the Department shall have the right to clean and install the same when needed, without giving notice, and charge the owner the cost thereof.  In the event the owner shall fail to make payment for the same, the village shall attach a lien against the subject property in the amount of the repairs, plus any costs and reasonable fees for securing the lien.

(C)      Service pipes will not be installed where any portion of the pipe must pass through lands, buildings or parts of buildings which are not the property of the applicant.

(D) (1)      Application for service pipe will be accepted, subject to there being a village meter main adjacent to the premises to be served.

(2)      This does not obligate the Department to extend its main to serve the premises for which water service is desired.

(E)  No application for a service pipe installation will be accepted between November 1 and April 1, unless the applicant agrees to pay the excess cost that may be due to weather conditions during that period.
(‘87 Code, § 27-64)  (Am. Ord. passed 5-27-98; Am. Ord. 52912, passed 5-29-12)

§ 52.063  DISCONTINUANCE OF SERVICE.

(A) A customer desiring to discontinue the use of the water shall give notice to the Department.

(B)  The Department will then cause the water to be turned off and the meter removed.

(C)      Water service charges will be made until the notice is given.
(‘87 Code, § 27-65)  (Am. Ord. 52912, passed 5-29-12)

§ 52.064  RESPONSIBILITY FOR LEAKING OR DAMAGE.

(A) In turning on water for a new service pipe or water service, or for any reason, it is assumed that the piping and fixtures which the service will supply are in order to receive same.

(B)  (1)      The Department shall not be responsible for an accident, break, leakage or damage that may occur.

(2)  It is assumed that the piping and fixtures which the service will supply are in order to receive same.
(‘87 Code, § 27-66)  (Am. Ord. 52912, passed 5-29-12)

§ 52.065  LEAKING SERVICE PIPES.

(A) When the service pipe from the main, to and including the curb shut off, is found leaking, it will be repaired or replaced by the Department, with or without giving notice, and the cost thereof will be charged to the owner.

(B)  If payment is refused, the Department shall turn off the water in the service until the same is paid.

(C)  Any leak in the service pipe between the curb shut off and the building or meter shall be repaired by the owner.

(D) When the defects or leaks are discovered, the customer or owner will be notified.

(E)  If defects are not repaired within a reasonable time, two weeks, the water shall be turned off without further notice.
(‘87 Code, § 27-67)  (Am. Ord. 52912, passed 5-29-12)

§ 52.066  WASTING WATER.

(A) In case the Work Coordinator or Superintendent of Waterworks finds that water is wasted on account of negligence, want of repairs, and if the waste is not immediately remedied, the service pipe leading to these premises shall be immediately shut off.

(B)  In case he or she discovers any defect in a private pipe extending beyond the service cock, he or she is to give notice, in writing, to be left at the premises.  If necessary repairs are not made in 72 hours, thereafter the water shall be shut off and shall not be turned on again until the condition has been corrected.

(C)      Parties taking water must keep the service pipe and all fixtures connected therewith in good repair and protected from the frost at their own expense, and must prevent all unnecessary waste, or their water will be shut off.
(‘87 Code, § 27-68)  (Am. Ord. 52912, passed 5-29-12)

§ 52.067  USELESS SERVICE PIPES.

(A) All service pipes that become useless because of the laying of larger or other new services, or because water will no longer be used through them, will be permanently shut off at the main by the Department at the expense of the owner of the premises.

(B)  If service pipe or connection which is not being used is found to be leaking, the Department may or may not give notice to repair or turn off the same, and shall repair same and charge the expense thereof to the owner of the premises for which the connection was made.
(‘87 Code, § 27-69)  (Am. Ord. 52912, passed 5-29-12)

§ 52.068  TUBING AND MATERIAL; SOURCE AND APPROVAL.

(A) The village shall not engage in the private sale of pipe, tubing or material to any user of water service.

(B)  The material shall be bought from private suppliers.

(C)  The material shall be subject to the approval of the Work Coordinator.
(‘87 Code, § 27-70)  (Am. Ord. 52912, passed 5-29-12)

§ 52.069  RIGHT TO ATTACH METERS.

The village reserves the right to attach a water meter to any service pipe whenever the Village Board shall deem it expedient.
(‘87 Code, § 27-71)  (Am. Ord. 52912, passed 5-29-12)

§ 52.070  INTERIOR PLUMBING.

The interior plumbing of buildings may be of a kind as the applicant or owner may direct, but it must meet the minimum requirements of the State Plumbing Code, and be subject to the inspection of the Work Coordinator or the Superintendent of Waterworks, the owner being subject to all damages.
(‘87 Code, § 27-72)  (Am. Ord. 52912, passed 5-29-12)

§ 52.071  TAPS.

(A) A four-inch main shall receive no larger than a 5/8-inch tap, a six-inch main no larger than a ¾-inch tap, and no larger than a one-inch tap shall be inserted in any main above this size mentioned without permission of the Superintendent.

(B)  All taps on the mains shall be at least 24 inches apart.
(‘87 Code, § 27-73)  (Am. Ord. 52912, passed 5-29-12)

§ 52.072  MAINS; DECISIONS OR CONSTRUCTION AND REPLACEMENTS.

The Village Board shall be responsible for decisions on main construction and replacement.
(‘87 Code, § 27-74)  (Am. Ord. 52912, passed 5-29-12)

§ 52.073  MINIMUM DIAMETERS.

In any case, there shall be no mains constructed or replaced of a diameter of less than six inches.
(‘87 Code, § 27-75)  (Am. Ord. 52912, passed 5-29-12)

§ 52.074  COSTS AND EXPENSES OF CONSTRUCTION.

(A) The cost and expense of main construction and improvement shall be made by special assessment made in accordance with ILCS Ch. 65, Act 5, §§ 9-2-1 et seq.

(B)  The percentage of the assessment shall be set by the Village Board in accordance with the merits of each case.

(C)      Special assessments shall be levied upon the property benefitted thereby, to the amount that the same may be locally assessed therefrom, and the remainder of the costs shall be paid by the general taxation.
(‘87 Code, § 27-76)  (Am. Ord. 52912, passed 5-29-12)

§ 52.075  FIRE HYDRANTS.

(A) No person, except members of the Fire Department, Street Department or Water Department of the village, shall open any public fire hydrant on the main of the Water Department.

(B)  If any hydrant is opened between November 1 and April 1 in any year, the Work Coordinator or Superintendent of Waterworks shall be notified at once so that same can be inspected following its use.

(C)  The Water Superintendent shall assist the Fire Chief to conduct regular periodic tests on different hydrants throughout the village, in regard to the amount of flow and pressure obtained at the hydrant head, and a report of these figures to be filed with the Fire Department and Water Department.
(‘87 Code, § 27-77)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 10.99

CROSS-CONNECTION CONTROL

§ 52.085  COMPLIANCE WITH STATE PLUMBING CONTROL.

(A) All plumbing installed within the village shall be installed in accordance with the State Plumbing Code, 77 Ill. Adm. Code 890.  If required by the State Plumbing Code or in the judgment of the Superintendent of Water, an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent of Water will give notice to the water customer to install an approved device immediately.

(B)  The water customer shall, at his or her own expense, install an approved device at a location and in a manner in accordance with the State Plumbing Code, State Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of the approved devices upon installation and as required by the State Plumbing Code, State Environmental Protection Agency and local regulations.
(‘87 Code, § 27-78)  (Ord. passed 3-13-95; Am. Ord. 52912, passed 5-29-12)

§ 52.086  ENTRANCE INTO PUBLIC SYSTEM; APPROVAL.

No person, firm or corporation 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 of the village may enter the supply or distribution system of the municipality, unless private, auxiliary or emergency water supply and the method of connection and use of the supply shall have been approved by the Superintendent of Water and the State Environmental Protection Agency.
(‘87 Code, § 27-78)  (Ord. passed 3-13-95; Am. Ord. 52912, passed 5-29-12)

§ 52.087  SURVEYS AND INVESTIGATIONS.

(A) (1)  It shall be the duty of the Superintendent of Water 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.

(2)      The surveys and investigations shall be made a matter of public record and shall be repeated at least every two years, or as often as the Superintendent of Water shall deem necessary.

(B)      Records of the surveys shall be maintained and available for review for a period of at least five years.
(‘87 Code, § 27-78)  (Ord. passed 3-13-95; Am. Ord. 52912, passed 5-29-12)

§ 52.088  RIGHT OF ENTRANCE.

The Water Superintendent, or his or her 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 the presence or absence of cross-connections, and for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection.
(‘87 Code, § 27-78)  (Ord. passed 3-13-95; Am. Ord. 52912, passed 5-29-12)

§ 52.089  PRECAUTIONARY MEASURES; DISCONNECTION.

(A) The Superintendent of Water 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 other precautionary measures as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains.  Water service to the property shall not be restored until the conditions have been eliminated or corrected in compliance with the provisions of this chapter, and until a reconnection fee of $100 is paid to the village.

(B)  (1)      Immediate disconnection with verbal notice can be effected when the Superintendent of Water is assured that imminent danger of harmful contamination of the public water supply system exists.  The 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 Superintendent of Water or the State Environmental Protection Agency, the action is required to prevent actual or potential contamination or pollution of the public water supply.

(2)      Neither the public water supply, the Superintendent of Water, or his or her agents or assigns, shall 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 the termination was with or without notice.
(‘87 Code, § 27-78)  (Ord. passed 3-13-95; Am. Ord. 52912, passed 5-29-12)

§ 52.090  RESPONSIBILITY.

The consumer responsible for back siphoned or back pressured material or contamination through back flow, if contamination of the potable water supply system occurs through an illegal cross-connection, or all 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.
(‘87 Code, § 27-78)  (Ord. passed 3-13-95; Am. Ord. 52912, passed 5-29-12)

SYSTEM EXTENSIONS

§ 52.100  TERMS AND CONDITIONS.

(A) The village will construct and maintain supply pipes for any user who is now beyond the limits of the present system of water mains, from the nearest present distributing main to the inside of the street line adjoining any users, upon the following terms and conditions.

(B)  No service shall be supplied to property outside the village limits.

(1)      The village will, at the request of any user, construct the supply pipe of the user extending from the main to the service pipe of the user in a manner as the village shall deem fit.

(2)      The expense of the construction shall be paid equally by the village and the user.

(3)      The proportion of expense to be paid by the user shall be due and payable immediately upon completion of the work and before water service is connected.

(4)      After construction of any supply pipes as aforesaid, the supply pipes shall become the property of the village and thereafter shall be maintained solely by the village at no expense to the user.

(5)      In the construction of any supply pipe, it shall be the duty of the Work Coordinator or Superintendent of Waterworks to lay out and construct the supply pipes in a manner as he or she shall deem most expedient and advisable.
(‘87 Code, § 27-87)  (Am. Ord. 52912, passed 5-29-12)

CHAPTER 53:  SEWERS

Section

53.01  Definitions
53.02  Use of public sewers required
53.03  Private wastewater disposal
53.04  Building sewers and connections
53.05  Use of public sewers
53.06  Damage to wastewater facilities
53.07  Inspectors; power and authority
53.08  Wastewater service charges
53.09  Industrial cost recovery
53.10  Billing; payments
53.11  Sewer line maintenance/replacement

53.99  Penalty

§ 53.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

THE ACT.  The Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended by the Federal Water Pollution Act Amendments of 1974.

ADMINISTRATOR.  The Administrator of the U.S. Environmental Protection Agency.

BIOCHEMICAL OXYGEN DEMAND or BOD.  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.

BUILDING DRAIN.  The part of the lowest horizontal 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, beginning five feet outside the inner face of the building wall.

BUILDING SEWER.  The extension from the building drain to the public sewer or other places of disposal, also called HOUSE CONNECTION.

COMBINED SEWER.  A sewer intended to receive both wastewater and storm or surface water.

COMPATIBLE POLLUTANT.  Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit.

CONTROL MANHOLE.  A structure built to furnish an access point to the sewage collection system where the village can monitor the effluent from a user.

DEBT SERVICE CHARGE.  An increment of the sewer rate but not user charge used to repay bond indebtedness and other obligations.

DEPRECIATION.  The deterioration and lessening of the work of the sewage treatment plant structure only.

EASEMENT.  An acquired legal right for the specific use of land owned by others.

FLOATABLE OIL.  Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.  A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE.  The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

INCOMPATIBLE POLLUTANT.  Any pollutant which is not a compatible pollutant, as defined in this section.

INDUSTRIAL COST RECOVERY.  Recovery by the grantee from the industrial users of a treatment works of the grant amount allocable to the treatment of wastes from the users pursuant to § 204(b) of the Act and this chapter.

INDUSTRIAL USER.  Any non-governmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:

(1)      Division A, Agriculture, Forestry and Fishing;

(2)      Division B, Mining;

(3)      Division D, Manufacturing;

(4)      Division E, Transportation, Communications, Electric, Gas and Sanitary Services; and

(5)      Division I, Services.

INDUSTRIAL WASTES.  The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

MAINTENANCE.  Obtaining, maintaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works, to a decree of efficiency capacity and performance for which the works were designed and constructed.

MAJOR CONTRIBUTING INDUSTRY.  An industrial user of the publicly-owned treatment works that:

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

(2)      Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;

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

(4)      Is found by the permit issuance authority, in connection with the issuance of an 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 the treatment works.

MAY.  The act referred to is permissive.

NATURAL OUTLET.  Any outlet including storm sewers and combined sewer overflows into a watercourse, pond, ditch, lake or other body of surface or ground water.

NPDES or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.  The system for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans by the Administrator of the Environmental Protection Agency, pursuant to §§ 402 and 405 of the Act.

OPERATION.  Treating wastewater, transporting wastewater to or from treatment, and disposing of wastewater in a manner that will significantly improve an objectionable water quality in compliance with all applicable statutory and regulatory requirements.

PERSON.  Any individual, firm, company, association, society, corporation or group.

pH.  The reciprocal of the logarithm of the hydrogen ion concentration.  The concentration is the weight of hydrogen ions in grams per liter of solution.  Neutral water, for example, has a pH value of seven and a hydrogen ion content ratio is 10-7.

PROPERLY SHREDDED GARBAGE.  The waste from the preparation, cooling and dispensing of food that has been shredded to a degree that all particles will be carried freely under the flow condition normally prevailing in public sewer, with no particle greater than one-half inch, any dimension.

PUBLIC SEWER.  A common sewer controlled by a governmental agency or public utility.

REPLACEMENT EXPENDITURES.  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 the works were designed and constructed.

RESIDENTIAL USER or COMMERCIAL USER.  A user not classified as an INDUSTRIAL USER, as defined herein.

SANITARY SEWER.  A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

SEWAGE.  The spent water of a community.  The preferred term is WASTEWATER.

SEWER.  A pipe or conduit that carries wastewater or drainage water.

SEWER CHARGE.  A charge to the users which is an aggregate of the user charge, plus all debt charges.

SHALL.  The act referred to is mandatory.

SLUG.  Any discharge or water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation, and shall adversely affect the collection system and/or performance of the wastewater treatment works.

STANDARD METHODS.  Standard Method for the Examination of Water and Wastewater, latest edition.  The publication is available from the American Public Health Association, 800 I Street, N.W., Washington, D. C. 2001-3710.

STATE GRANT.  A contractual obligation of the state for payment of the state share of the construction costs and affiliated costs for waste treatment plants.

STORM DRAIN or STORM SEWER.  A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

SUPERINTENDENT.  The Work Coordinator or the Superintendent of Wastewater facilities, and/or of wastewater treatment works and/or water pollution control of the village, or his or her authorized deputy, agent or representative.

SUSPENDED SOLIDS.  Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering, as prescribed in Standard Methods for the Examination of Water and Wastewater, and referred to as non-filterable residue.

UNPOLLUTED WATER.  Water of a quality equal to or greater than the effluent criteria in effect or water that would not cause violation of receiving water quality standard and could not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

USEFUL LIFE.  Estimated period during which a treatment works will be operated.

USER CHARGE.  A charge levied on users of a treatment works for the cost of operation and maintenance of the works, pursuant to § 204(b) of the Act, and is a separate system and is all increment of the sewer rate.

USER CLASS.  The differentiation of users into separate categories such as residential, commercial and industrial classes.

VILLAGE.  The Village of Warren, Jo Daviess County, Illinois.

WASTEWATER.  The spent water of a community.  From the standpoint of source, 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 storm water that may be present.

WASTEWATER FACILITY.  The structure, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS.  An arrangement of devices and structures for treating wastewater, industrial wastes and sludge.  Sometimes used as synonymous with WASTE TREATMENT PLANT, WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANT.

WATERCOURSE.  A natural or artificial channel for the passage of water either continuously or intermittently.
(‘87 Code, § 27.5-1)  (Am. Ord. 52912, passed 5-29-12)

§ 53.02  USE OF PUBLIC SEWERS REQUIRED.

(A) 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 objectionable waste.

(B)  It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of the village, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(C)      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 wastewater.

(D) The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the village and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary or combined sewer of the village, are hereby required, at the owner’s expense, to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after the date of official notice to do so, provided that the public sewer is within 200 feet of the property line.
(‘87 Code, § 27.5-11)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 53.99

§ 53.03  PRIVATE WASTEWATER DISPOSAL.

(A)      Where a public sanitary or combined sewer is not available under § 53.02(D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions hereof.

(B)  (1)      The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Public Health of the state.  No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet.

(2)      No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(C)  At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in division (D) below, a direct connection shall be made to the public sewer within 90 days in compliance with this chapter, and any septic tanks, cesspools or similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

(D) The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the village.  Sludge removal shall be performed by licensed operators and disposed of in accordance with the rules and regulations of the State Water Pollution Control Board.

(E)  No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the health officer.
(‘87 Code, § 27.5-21)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 53.99

§ 53.04  BUILDING SEWERS AND CONNECTIONS.

(A) No unauthorized person or persons 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 Work Coordinator.

(B)  (1)      There shall be two classes of building sewer permits:

(a)  For residential and commercial service; and

(b)  For service to establishments producing industrial wastes.

(2)      In either case, the owner or his or her 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 Work Coordinator.  A permit and inspection fee of $4 for a residential or commercial building sewer permit and $10 for an industrial building sewer permit shall be paid to the village at the time the application is filed.

(C)  All costs and expenses incidental to the installation, connection and maintenance of the building sewer shall be borne by the owner.  The owner shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(D) A separate and independent building sewer shall be provided for every building, except 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 front building may be extended to the rear building and the whole considered as one building sewer, but the village does not and will not assume any obligation or responsibility for damage caused by or resulting from any single connection aforementioned.

(E)  Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Work Coordinator to meet all requirements of this chapter.

(F)  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 Codes or other applicable rules and regulations of the village.

(G) (1)      Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.

(2)      In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.

(H) No person or persons shall make connection of roof downspouts, foundation drains, area, 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 a public sanitary sewer, unless the connection is approved by the Work Coordinator for purposes of disposal of polluted surface drainage.

(I)   The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the village.  All connections shall be made gastight and watertight and verified by proper testing.  Any deviation from the prescribed procedures and materials must be approved by the Work Coordinator before installation.

(J)   The applicant for the building sewer permit shall notify the Work Coordinator when the building sewer is ready for inspection and connection to the public sewer.  The connection and testing shall be made under the supervision of the Superintendent or his or her representative.

(K)  All excavation 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.

(L)  All disposal by any person into the sewer system is unlawful, except those discharges in compliance with federal standards promulgated pursuant to the  and more stringent state and local standards.

(M) A building sewer permit will only be issued, and a sewer connection shall only be allowed, if it can be demonstrated that the downstreams sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.
(’87 Code, § 27.5-31)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 53.99

§ 53.05  USE OF PUBLIC SEWERS.

(A) No person or persons shall discharge, or cause to be discharged, any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water, to any sewer.  Polluted stormwater runoff from limited areas may be discharged to the sanitary sewer by permission of the Work Coordinator.

(B) Stormwater other than that exempted hereunder, and all other unpolluted drainage, shall be discharged to storm sewers or to a natural out approved by the Work Coordinator and other regulatory agencies.

(C)  No person or persons shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewers:

(1)      Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

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

(3)      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 wastewater works; and

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

(D) (1)      The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute a nuisance.  The Superintendent may set limitations lower than the limitations established in the regulations below if, in his or her opinion, the more severe limitations are necessary to meet the above objectives.  In forming his or her opinion as to the acceptability, the Work Coordinator will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors.

(2)      The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Work Coordinator are as follows:

(a)      Wastewater having a temperature higher than 150°F or 65°C;

(b)      Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils or product of mineral oil origin;

(c)      Wastewater from industrial plants containing floatable oils, fat or grease;

(d)  Any garbage that has not been properly shredded; (Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.)

(e)  The following substances exceeding the maximum:

1.  Arsenic, total:  0.25 mg/l;

2.  Barium, total:  2.00 mg/l;

3.  Cadmium, total: 0.15 mg/l;

4.  Chromium, hexavalent:  0.80 mg/l;

5.  Chromium, trivalent:  1.00 mg/l;

6.  Copper, total:  1.00 mg/l;

7.  Cyanide:  0.025 mg/l;

8.  Flouride, total:  2.50 mg/l;

9.  Iron, total:  2.00 mg/l;

10. Iron, dissolved:  0.50 mg/l;

11. Lead, total:  0.10 mg/l;

12. Manganese, total:  1.00 mg/l;

13. Mercury, total:  0.0005 mg/l;

14. Nickel, total:  1.00 mg/l;

15. Oil, hexane solubles or equivalent:  15.00 mg/l;

16. pH range; the pH limitation is not subject to averaging and must be met at all times:  5.5 through ten;

17. Phenols:  0.30 mg/l;

18. Selenium, total:  1.00 mg/l;

19. Silver:  0.10 mg/l; and

20. Zinc, total:  1.00 mg/l.

(f)   Materials which exert or cause:

1.  Unusual concentrations or inert suspended solids (such as, but not limited to Fuller’s earth, lime slurries and lime residues or of dissolved solids (such as, but not limited to sodium chloride and sodium sulfate);

2.  Excessive discolorations (such as, but not limited to dye wastes and vegetable tanning solutions); and

3.  A five-day BOD greater than 200 mg/l and more than 250 mg/l of suspended solids.

(g)  Any waters or waste containing odor-producing substances exceeding limits which may be established by the Work Coordinator;

(h)  Any radioactive wastes or isotopes of a half-life or concentration as may exceed limits established by the Work Coordinator in compliance with applicable state or federal regulations;

(i) Quantities of flow concentrations or both which constitute a “slug,” as defined herein;

(j) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to the degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; and

(k)  Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious wastes, front suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

(E)  If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated herein or which violate the federal or state pretreatment regulations and guidelines or NPDES permit requirements which might augment the limitations or prohibition of certain wastes and which in the judgment of the Superintendent may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Work Coordinator may:

(1)  Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3)  Require control over the charge; and/or

(4)  Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions hereof.  If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Superintendent.

(F)  (1)  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 floatable grease in excessive amounts, as specified herein or any flammable wastes, sand or other harmful ingredients, except that the interceptors shall not be required for private living quarters on dwelling units.

(2)  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.  In maintaining these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent.  Any removal and hauling of the collected materials not performed by the owner’s personnel must be performed by currently licensed waste disposal firms.

(G)  Where pretreatment or flow-equalizing facilities are provided or required for wastewaters or wastes, they shall be maintained continuously, satisfactory and effective operation by the owner at his or her expense.

(H) When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent.  The structure shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.

(I)  All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association or with Title 40 CFR Part 136 entitled, “Guidelines Establishing Test Procedures for Analysis of Pollutants,” as published in the Federal Register, October 16, 1973, and any subsequent amendments thereto.  Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Superintendent.

(J)   No statement contained in this section shall be construed as preventing any special agreement or arrangement between the village and any industrial waste of unusual strength or character may be accepted by the village for treatment.

(K)  (1)  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 illustrated compliance with this chapter and any special conditions for discharge established by the village or regulatory agencies having jurisdiction over the discharge.  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 constituent of the wastewater 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 the times and in the manner as prescribed by the village.

(2)  The owner shall bear the expense of all measurements, analyses and reporting required by the village.

(3)  At such times as deemed necessary, the village reserves the right to take measurements and samples for analysis by an outside laboratory service.

(L)  No statement contained herein shall be construed as preventing any special agreement or arrangement between the village and an industrial concern, and any industrial waste of unusual strength or character may be accepted by the village for treatment, subject to payment therefor, in accordance with the wastewater service charges, by the industrial concern, provided the payments are in accordance with federal and state guidelines for user charge system and industrial cost recovery system.
(‘87 Code, § 27.5-41)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 53.99

§ 53.06  DAMAGE TO WASTEWATER FACILITIES.

No person or persons shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities.  Any person violating this provision shall be subject to immediate arrest under the violation of disorderly conduct.
(‘87 Code, § 27.5-51)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 53.99

§ 53.07  INSPECTORS; POWER AND AUTHORITY.

(A) The Superintendent and other duly authorized employees of the village, the State Environmental Protection Agency and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions hereof.  The Superintendent, or his or her 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 course of discharge to the sewers or waterway or facilities for waste treatment.

(B)  (1)  The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.

(2)  The industry may withhold information considered confidential.

(3)  The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

(C)  While performing the necessary work on private properties referred to herein, the Superintendent or duly authorized employees of the village, the State Environmental Protection Agency, and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the employees, and 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 cause by negligence or failure of the company to maintain safe conditions as required herein.

(D) 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 the duly negotiated easement, for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within the easement.  All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(‘87 Code, § 27.5-55)  (Am. Ord. 52912, passed 5-29-12)

§ 53.08  WASTEWATER SERVICE CHARGES.

(A) The wastewater service charge for the use of and for service supplies by the wastewater facilities of the village shall consist of a basic user charge for operation and maintenance, plus a debt service charge.  The debt service charge shall be computed by dividing the annual debt service of all outstanding revenue bonds by the number of users.  Through further division, the monthly debt service charges can be computed.

(1)  The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes leaving the following normal concentrations:

(a)  A five-day, 20°C biochemical oxygen demand of 200 mg/l; and

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

(2)  It shall consist of operation and maintenance costs, plus replacement, and shall be computed as follows:

(a)  Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund, for the year;

(b)  Proportion the estimated costs to wastewater facility categories by volume, suspended solids and BOD;

(c)  Estimate effective wastewater volume, pounds of SS and pounds of BOD to be treated during the year;

(d)  Compute costs per 1,000 gallons for normal sewage strength by dividing the total operation maintenance and replacement costs by the effective annual usage; and

(e)  Compute the cost of treating each pound of BOD and SS by dividing the annual cost of treating each component by the annual volume of each.

(3)  A surcharge will be levied to all users whose waters exceed the normal concentrations for BOD (200 mg/l) and SS (250 mg/l).  The surcharge will be based on water used as recorded by water meters and/or sewage meters for wastes which exceed the 200 mg/l and 250 mg/l concentrations for BOD and SS respectively.  The procedure to compute a surcharge is as set herein.

(4)  The adequacy of the wastewater service charge shall be reviewed annually by certified public accountants for the village in their annual audit report.  The wastewater service charge shall be revised periodically to reflect a change in debt service or a change in operation and maintenance costs, including replacement costs.

(B)  The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption to the lowest user increments of 1,000 gallons.

(1)  If the person discharging wastes into the public sewers procures any part, or all, of his or her water from sources other than the public waterworks system, all or part of which is discharged into the public sewers, the person shall install and maintain, at his or her expense, water meters of a type approved by the village for the purpose of determining the volume of water obtained from these other sources.

(2)  Devices for measuring the volume of waste shall be installed, owned and maintained by the person following approval and installation; the meters may not be removed, unless service is canceled, without the consent of the village.

(C)  (1)  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.  A minimum charge of $7.00 per month shall be applied to all users whose water consumption does not exceed 3,000 gallons per month.

(2)  A basic user rate of $5.50 per 1,000 gallons shall be applied to all users for water consumption in excess of 3,001 gallons and over per month.  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 service charge.  The flat rate charge will allow a maximum of 3,000 gallons per month.  All non-metered residential users of the wastewater facilities shall also pay a debt service fee of $18.25 per month to cover the cost associated with the long-term debt of the facility.

(3)  In the event use of the wastewater facilities is determined by the President and Board of Trustees to be in excess of 3,001 gallons per month, the President and Board of Trustees may require the flat rate user to install metering devices on the water supply or sewer main to measure the amount of service supplied.

(D) (1)  The rates of surcharges for BOD and SS shall be as follows:

$.113 x Vu (BODu – 200) x 8.34 + $.45 x Vu (SSu – 250) x 8.34

(2)  Where:

(a)  Vu equals volume of waste discharged in million gallons;

(b)  BODu equals the average BOD of waste discharged in mg/l; and

(c)  SSu equals the average SS of waste discharged in mg/l.

(E)  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 President and Board of Trustees and shall be binding as a basis for surcharges.

(F)  The wastewater service charge shall be computed by the following formula:

(1)  CW equals the amount of wastewater service charge per billing period;

(2)  CD equals the debt services charge;

(3)  CM equals the minimum charge for operation, maintenance and replacement;

(4)  Vu equals the wastewater volume for the billing period;

(5)  X equals the allowable consumption in gallons for the minimum charge;

(6)  CU equals the basic user rate for operation, maintenance and replacement; and

(7)  CS equals the amount of surcharge.
(‘87 Code, § 27.5-64) (Am. Ord. passed 2-24-03; Am. Ord. 52912, passed 5-29-12)

§ 53.09  INDUSTRIAL COST RECOVERY.

(A) Each industrial user shall pay the 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 the user.  The user’s share shall not include an interest component.

(B)  An industrial user’s portion of any state grant shall be based on the population equivalents attributable to wastewater of such user tributary to the wastewater treatment works of the village.

(1)  Volume population equivalent.  This population equivalent equals the average daily rate of water consumption as determined by the consumption records of the past year divided by 100 gallons per day, the average domestic water consumption, or where water consumption does not reflect the actual quantity of wastewater tributary to the treatment works from the user, then the average daily flow as recorded in the control manhole divided by 100 gallons per day, the average domestic water consumption.

(2)  BOD population equivalent.  This population equivalent equals the average daily pounds of BOD in the wastewater as determined by the President and Board of Trustees in accordance herewith divided by 0.17 pounds of BOD per day, the average per capita BOD of non-industrial discharges.

(3)  SS population equivalent.   This population equivalent equals the average daily pounds of suspended solids in the wastewater, as determined by the President and the Board of Trustees, in accordance herewith.

(C)  The dollar cost per capita shall be determined as follows:

(1)  Capital cost attributable to BOD divided by 2,200=$BOD/cap;

(2)  Capital cost attributable to SS divided by 2,200=$SS/cap; and

(3)  Capital cost attributable to Flow divided by 2,200-$Q/cap.

(D) The cost to be recovered from industrial user (CI) shall be determined as follows:

CI = .75 x $147.94 x lb BOD +.75 x $92.90 x lb. SS +.75 x $0.98 x daily usage (gal)
                                       day                                  day

 CI= Annual cost recovery

(E)  Each year during the industrial cost recovery period, each industrial user of the treatment works, shall pay the cost recovery amount determined hereby for each industry, divided by the recovery period.  Where an industry is connected to a public sewer after the start-up of the facilities constructed under a state grant, the industry shall only pay its portion of the state grant for each quarter remaining in the recovery period.  The industry will not be required to pay for those quarters of the recovery period prior to connection to a public sewer.

(F)  The industrial cost recovery period shall be equal to the useful life of the treatment works which shall be 30 years from 1976.

(G) For the purpose of industrial cost recovery, the year shall be divided into quarterly periods to begin on July 1, October 1, January 1 and April 1, and all industrial users of the village shall pay the cost as determined hereby for industrial cost recovery and payments shall be made annually on the fifteenth day of July and the charge shall be payable within 30 days after rendition thereof, and in the event the bills are not paid within 30 days, a service charge of 1% shall be added thereto.

(H) In the event the charges for industrial cost recovery are not paid within 90 days after the renditions of that bill, then the service charges shall be deemed and are hereby declared to be delinquent, and thereafter the delinquent charge shall constitute a lien upon the real estate for which the sewer services were supplied.  The village is hereby authorized and directed each quarter to file sworn statements showing the delinquencies in the office of the County Recorder of Deeds and the filing of the statements shall be deemed notice of a lien for the payment of the charges for sewer service.  If the delinquency in the payment of the recovery cost continues for a period of more than 120 days, the sewer service shall be discontinued.

(I)  The initial payment made by industrial users which is connected to a public sewer after the start-up of the treatment works constructed with a state grant shall be made by the next scheduled due date, as defined herein, and shall be equal to the amount as determined hereby.

(J)  If there is a change in the strength and/or volume introduced into the treatment works by an industrial user as determined by the previous year records, the village may adjust the user’s portion of any state grant accordingly.

(K)  If there is an expansion or upgrading of the treatment works utilizing a state grant, each existing industrial user’s share shall be adjusted accordingly.

(L)  An industrial user’s portion of and state grant shall not include any portion of the grant amount allocable to unused or reserved capacity.

(M) An industrial user’s portion of any state grant shall include allowance for the cost of any firm commitment to the village for any increased use by the user.

(N) The village shall retain 50% of the amounts recovered from industrial users.  The remainder, together with any interest earned thereon, shall be returned to the State Anti-Pollution Fund on an annual basis.

(O)  Eighty percent of the retained amounts, together with interest earned thereon, shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the Federal Act and the state.  The village prior to commitment of the retained amounts shall obtain written approval of the State Environmental Protection Agency for any expansion or reconstruction.  The remainder of the retained amounts may be used for the expenditures as the village deems appropriate.

(P)  Pending use, the grantee shall invest the retained amounts for reconstruction and expansion in:

(1)  Obligations of the U.S. Government;

(2)  Obligations guaranteed as to principal and interest by the U.S. Government or any agency thereof; or

(3)  Shall deposit the amounts in accounts fully collateralized by obligations of the U.S. Government or by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof.

(Q) The Village Clerk shall maintain the necessary records for determination of user share of the cost and shall provide the billing and collection services as required hereby.

(R)  The Village Treasurer shall be responsible for the investment and expenditure of all monies collected for industrial cost recovery in accordance herewith.

(S)  The President and Board of Trustees shall maintain a program of monitoring industrial user discharges as the village deems necessary, provided that any industrial user that has a population equivalent as determined hereby greater than or equal to 50% shall be monitored no less than once annually.  All other industrial users shall be monitored at the frequency as deemed necessary by the President and Board of Trustees for determination of the population equivalent of the industrial user.  The monitoring data collected shall be used to determine the population equivalent in accordance herewith.
(‘87 Code, § 27.5-68)

§ 53.10  BILLING; PAYMENTS.

(A) The rates or charges for service shall be payable monthly.  The owner of the premises, the occupant thereof and the user of the service shall be jointly liable to pay for the service to the premises, and the service is furnished to the premises by the village only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the village.  Bills for sewer service shall be sent out by the Village Clerk, or an appointee of the Village Board, on the first day of the month.  All sewer bills are due and payable 20 days after being sent out.  A penalty of 10% shall be added to all bills not paid by the twentieth day after they have been rendered.

(B)  (1)  All bills are due and payable on or before the date set forth on the bill.  Water, sewer, garbage, capital outlay and debt service charges will be sent on or near the first day of the month succeeding the monthly period for which service was supplied.  All bills will be due and payable for the period that the service is billed, not later than close of business on the twentieth day after the bills have been sent.

(2)  If payment of the full amount of the bill is not made by or before the due date, a penalty of 10% will be added to the outstanding balance.  A second bill will be hand delivered on the twenty-second day of the month by a village employee.  This bill will be due within five days.  If payment is not received by close of business of the fifth day, a shut-off notice will be delivered by the Police Department.

(3)  Payments rendered in collection of the landfill (garbage) user fees, water rents, wastewater and sewer service bills shall be first applied to the landfill user fee, then for sewer/wastewater service, and then for water service.

(4)  It is the policy of the village to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.  The village’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect that:

(a)  All bills are due and payable on or before the date set forth on the bill;

(b)  If any bill is not paid by or before that date, a second bill will be hand delivered by a village employee.  If the bill is not paid within five days of the delivery of the second bill, service will be discontinued for nonpayment; and

(c)  Any customer disputing the correctness of his or her bill shall have a right to a hearing, at which time he or she may be represented in person and by counsel or any other person of his or her choosing, and may present, orally or in writing, his or her complaint and contentions to the village official in charge of utility billing.  This official shall be authorized to order that the customer’s service not be discontinued, and shall have the authority to make final determination of the customer’s complaint.

(5)  Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered.  In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(6)  When it becomes necessary for the village to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $25.

(C)  (1)  Whenever a bill for utility service remains unpaid for a period of 45 days or more after rendering, the Village Clerk shall file with the Jo Daviess County Recorder a sworn statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, the date the bill became delinquent, the fees and charges owed, as well as a notice that the village claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.  The notice and statement of lien shall be signed by the Village Clerk.

(2)  A copy of the notice of the filing of the claim for lien shall be mailed to the occupant and the owner of the property if his or her address is known.  Failure of the village to record the lien in the time specified, or to mail the notices in the time specified, or of the owner to actually receive the notice, shall not affect the right of the village to file a lien or to foreclose the lien for unpaid bills as mentioned herein.

(3)  In addition to filing a notice of lien, the village may file a civil suit against owners or tenants whose utility bills have been delinquent for at least 45 days. In addition to all delinquent amounts and fees, the owner or tenant shall pay the village’s actual attorney’s fees and costs in seeking recovery for nonpayment for utility service.

(D)  Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens.  The village may foreclose on any lien for utility services in the same way as mortgages are foreclosed on real estate.  The Village Attorney is hereby authorized and directed to institute the proceedings in the name of the village in the circuit court for the County of Jo Daviess, Illinois, against any property for which the bill has remained unpaid for 45 days from the date it has been rendered.

(E)  (1)  All revenues and monies derived from the operation of the sewerage system shall be deposited in the Sewerage Account of the Waterworks and Sewerage Fund.  All revenues and monies shall be held by the Village Treasurer separately and apart from private funds, and separate and apart from all other funds of village, and all of the sum, without any deductions whatever, shall be delivered to the Village Treasurer not more than ten days after receipt of the same, or at more frequent intervals as may from time to time be directed by the President and Board of Trustees.

(2)  The Village Treasurer, or other designated representative, shall receive all revenue from the sewerage system and all other funds and monies incident to the operation of the system as the same may be delivered to him or her, and deposit the same in the account of the fund designated as the Waterworks and Sewerage Fund of the village.  The Treasurer, or other designated representative, shall administer the Fund in every respect in the manner provided by statute of the Revised Cities and Villages Act, effective January, 1942.

(F)  The Village 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 sewerage system, and at regular annual intervals he or she shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system.  In addition to the customary operating statements, the annual audit report shall also reflect the revenue and operating expenses of the wastewater facilities, including a replacement 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:

(1)  Flow data showing total gallons received at the wastewater plant for the current fiscal year;

(2)  Billing data to show total number of gallons billed;

(3)  Debt service for the next succeeding fiscal year;

(4)  Number of users connected to the system;

(5)  Number of non-metered users; and

(6)  A list of users discharging non-domestic wastes, industrial users, and volume of waste discharged.

(G) A copy of this section, properly certified by the Village Treasurer, 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 sewerage system of the village on their properties.

(H) The State Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the village applicable to the village 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.
(‘87 Code, § 27.5-71)  (Am. Ord. passed 6-28-04; Am. Ord. 52912, passed 5-29-12)

§ 53.11  SEWER LINE MAINTENANCE/REPLACEMENT.

(A) The property owner is responsible for the maintenance and repair of the sewer line from his or her structure to the inside of the street line.

(B)  In the event excavation is needed for the repair or replacement of the sewer line between the inside of the street line to the sewer main, the village Sewer Department will perform the work.  A fee of $600 will be required from the landowner prior to the commencement of the repair or replacement work. The fee includes costs of street breaking and repair.

(C)  If the landowner refuses to make the necessary repair or replacement, water and sewer service will be suspended until the fees are paid and satisfactory repairs or replacements are completed.

(D) All work, as it is related to the repair and or maintenance of the sewer, shall be in conformance with the village standards and specifications, and will be inspected by an authorized agent of the village during the repair, maintenance or replacement.
(Ord. passed 3-23-09)  (Am. Ord. 52912, passed 5-29-12)  Penalty, see § 53.99

§ 53.99  PENALTY.

Any person, firm or corporation violating any provision of this chapter shall be fined not less than $100 nor more than $750 for each offense.  A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(‘87 Code, § 27.5-68)  (Am. Ord. 52912, passed 5-29-12)