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Canton Overview
Canton, IL Code of Ordinances
CITY CODE of CANTON, ILLINOIS
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 BUSINESS REGULATIONS
TITLE 4 BUILDING REGULATIONS
TITLE 5 FIRE REGULATIONS
TITLE 6 POLICE REGULATIONS
TITLE 7 HEALTH AND SANITATION
TITLE 8 PUBLIC WAYS AND PROPERTY
CHAPTER 1 PUBLIC WORKS ADMINISTRATION
CHAPTER 2 CONTRACTS AND CONTRACTORS
CHAPTER 3 EXCAVATING PERMITS
CHAPTER 4 STREETS, SIDEWALKS, PUBLIC GROUNDS
CHAPTER 5 TREES AND SHRUBS
CHAPTER 6 GRADES
CHAPTER 7 CEMETERIES, ADMINISTRATION
CHAPTER 8 CEMETERIES, GENERAL PROVISIONS
CHAPTER 9 WATER AND SEWER DEPARTMENTS
CHAPTER 10 WATER AND SEWER SYSTEM; RATES
CHAPTER 10.1 EMERGENCY WATER CONSERVATION PLAN
CHAPTER 11 LAKE CANTON
CHAPTER 12 PARKS
CHAPTER 13 PUBLIC COMFORT STATIONS
CHAPTER 14 PUBLIC LIBRARIES
CHAPTER 15 RAILROADS
CHAPTER 16 STRIP MINING
CHAPTER 17 EMERGENCY SERVICES AND DISASTER AGENCIES
CHAPTER 18 RESERVED
CHAPTER 19 PUBLIC AND PRIVATE SEWERS
CHAPTER 20 ANNEXATION; SEWER AND WATER SERVICE
CHAPTER 21 SPECIAL WATER AND SEWER PROJECTS; CONNECTIONS SUBSEQUENT TO CONSTRUCTION; SPECIAL TAP-ON FEES
CHAPTER 22 CROSS CONNECTIONS
TITLE 9 TRAFFIC REGULATIONS
TITLE 10 ZONING REGULATIONS
TITLE 11 SUBDIVISION REGULATIONS
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8-10-4: METER INSTALLATION CHARGE:
The cost of all meters shall be paid by the consumer in advance, who shall also pay the cost of installing the same.
The cost of replacing all meters, which in the opinion of the proper city officers need replacement, shall be paid for by the consumer.
All meters before being set in must be tested and approved by the building official. No meter shall be removed for any purpose from any supply pipe by any person whatsoever, without first obtaining a written permit from the building official. Anywhere any meter is removed by such consent, it must be replaced within ten (10) days, and before being replaced it must be tested by the building official. (Ord. 3097, 4-8-2015)
8-10-5: WATER AND SEWER RATES:
   (A)   Definitions: Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
FEDERAL GOVERNMENT:
    Administrator: The administrator of the U.S. environmental protection agency.
    Federal Act: The federal clean water act 1 as amended, (Pub. L. 95-217).
    Federal Grant: The U.S. government participation in the financing of the construction of treatment works as provided for by title II - grants for construction of treatment works or the act and implementing regulations.
LOCAL GOVERNMENT:
    Approving Authority: The corporate authorities of the city of Canton, Illinois.
    City: The city of Canton, Illinois.
    Ordinance: This ordinance.
    Superintendent: The superintendent of wastewater facilities and/or wastewater treatment works of the city, or, his or their authorized deputy, agent, or representative.
NPDES PERMIT: Any permit or equivalent document or requirements issued by the administrator, or, where appropriated by the director, after enactment of the federal clean water act to regulate the discharge of pollutants pursuant to section 402 of the federal act.
PERSON: Any and all persons, natural or artificial including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency or other entity.
SEWER TYPES, AND APPURTENANCES:
    Building Drain: That part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (5') (1.5 m) outside the inner face of the building wall.
    Building Sewer: The extension from the building drain to the public sewer or other place of disposal.
    Combined Sewer: A sewer which is designed and intended to receive wastewater, storm, surface and ground water drainage.
    Easement: An acquired legal right for the specific use of land owned by others.
    Pretreatment: The treatment wastewaters from sources before introduction into the wastewater treatment works.
    Public Sewer: A sewer provided by or subject to the jurisdiction of the city. It shall also include sewers within or outside the city boundaries that serve one or more persons and ultimately discharge into the city sanitary (or combined) sewer system, even though those sewers may not have been constructed with city funds.
    Sanitary Sewer: A sewer that conveys sewage or industrial wastes or a continuation of both, and into which storm, surface, and ground waters or polluted industrial wastes are not intentionally admitted.
    Sewer: A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage.
    Sewerage: The system of sewers and appurtenances for the collection, transportation and pumping of sewage.
    Storm Sewer: A sewer that carries storm, surface and ground water drainage but excludes sewage and industrial wastes other than unpolluted cooling water.
    Storm Water Runoff: That portion of the precipitation that is drained into the sewers.
    Wastewater Treatment Works: An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used synonymous with "waste treatment plant" or "wastewater treatment plant" or "pollution control plant".
SHALL: Is mandatory; "may" is permissible.
STATE GOVERNMENT:
    Director: The director of the Illinois environmental protection agency.
    State Act: The Illinois anti-pollution bond act of 1970.
    State Grant: The state of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois anti-pollution bond act and for making such grants as filed with the secretary of state of the state of Illinois.
USER TYPES:
    Basic User Charge: The basic assessment levied on all users of the public sewer system.
    Capital Improvement Charge: A charge levied on users to improve, extend or reconstruct the sewage treatment works.
    Commercial User: Shall include transit lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services.
    Control Manhole: A structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "control manhole" is to provide access for the city representative to sample and/or measure discharges.
    Debt Service Charge: The amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.) outstanding.
    Industrial Users: Shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products.
    Institutional/Governmental User: Shall include schools, churches, penal institutions, and users associated with federal, state, and local governments.
    Local Capital Cost Charge: Charges for costs other than the operations, maintenance and replacement costs, i.e., debt service and capital improvement costs.
    Replacement: Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works are designed and constructed. The term "operation and maintenance" includes replacement.
    Residential User: All dwelling units such as houses, mobile homes, apartments, permanent multi-family dwellings.
    Sewerage Fund: The principal accounting designation for all revenues received in the operation of the sewerage system.
    Surcharge: The assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than the concentration values established in this chapter.
    Useful Life: The estimated period during which the collection system and/or treatment works will be operated.
    User Charge: A charge levied on users of treatment works for the cost of operation, maintenance and replacement.
    User Class: The type of user "residential, institutional/governmental, commercial", or "industrial" as defined herein.
    Wastewater Service Charge: The periodic charge levied on all users of the wastewater facilities. The service charge shall be computed as outlined in this chapter and shall consist of the total or the basic user charge, the local capital cost and a surcharge, if applicable.
WASTEWATER AND ITS CHARACTERISTICS:
    BOD (Denoting Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.
    Effluent Criteria: Defined in any applicable "NPDES permit".
    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: Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of food.
    Industrial Waste: Any solid, liquid or gaseous substance discharge, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.
    Major Contributing Industry: An industrial user of the publicly owned treatment works that: 1) has a flow of fifty thousand (50,000) gallons or more per average workday; or 2) has a flow greater than ten percent (10%) of the flow carried by the municipal system receiving the waste; or 3) has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the federal act; or 4) is found by the permit issuant authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.
    Milligrams Per Liter: A unit of the concentration of water or wastewater constituent. It is 0.001 grams of the constituent in 1,000 milligrams of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.
    ppm: Parts per million by weight.
    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.
    Population Equivalent: A term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is one hundred (100) gallons of sewage per day, containing 0.17 pounds of BOD and 0.2 pounds of suspended solids.
    Properly Shredded Garbage: The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") (1.27 centimeters) in any dimension.
    Sewage: Used interchangeably with "wastewater".
    Slug: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of low exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration of flows during normal operation.
    Suspended Solids (SS): Solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in the IEPA divisions of laboratories manual of laboratory methods.
    Unpolluted Water: Water quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
    Wastewater: The spent water of a community. From this standpoint of course, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
    Water Quality Standards: Defined in the water pollution regulations of Illinois.
WASTEWATER FACILITIES: The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.
WATERCOURSE AND CONNECTIONS:
    Natural Outlet: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
    Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 1289, 8-21-1990)
   (B)   Water Rates: There shall be and there are hereby established rates or charges for the use of and for service supplied by the waterworks system of the city based on the amount of water used, as shown by the water meters, as follows. (Ord. 1267, 12-5-1989)
   (C)   Water Rate Schedule:
      1.   Minimum Charge: The minimum charge per month shall be increased each year as follows:
 
From And After
Minimum Base Charge
July 1, 2014
$6.00
May 1, 2015
6.50
May 1, 2016
7.50
May 1, 2017
8.50
May 1, 2018
9.50
 
      2.   Volume Surcharge: In addition to the minimum charge at all times there shall be a surcharge for water delivered to the customer as measured by the meter on the premises per one hundred (100) cubic feet.
This includes a ten cent ($0.10) increase on the operation and maintenance (O&M) portion of the rate. A ten cent ($0.10) increase will take effect May 1 of each year following until the Canton city council approves a city ordinance stating otherwise.
Therefore the rates shall increase as follows:
 
From And After
Operation And Maintenance
Debt Service
Total
July 1, 2014
$1.70
$3.45
$5.15
May 1, 2015
1.80
3.45
5.25
May 1, 2016
1.90
3.45
5.35
May 1, 2017
2.00
3.45
5.45
May 1, 2018
2.10
3.45
5.55
 
      3.   Outside Users: All users outside the city limits of the city of Canton shall pay two hundred percent (200%) of the operation and maintenance rate, except as otherwise provided by the city council.
   (D)   Sewer Rates: Users of the sewer system of the city of Canton shall be charged for the use of said sewers and for treatment of said sewage based upon the amount of water used as measured by water meters as hereinafter provided.
   (E)   Sewer Rate Schedule:
      1.   Minimum Charge: The minimum charge per month shall be increased each year as follows:
 
From And After
Minimum Base Charge
July 1, 2014
$6.00
May 1, 2015
6.50
May 1, 2016
7.50
May 1, 2017
8.50
May 1, 2018
9.50
 
      2.   Volume Surcharge: In addition to the minimum charge at all times there shall be a surcharge for each month per one hundred (100) cubic feet of water based upon the volume of water used as shown by the water meter.
This includes a ten cent ($0.10) increase on the operation and maintenance (O&M) portion of the rate. A ten cent ($0.10) increase will take effect May 1 of each year following until the Canton city council approves a city ordinance stating otherwise.
Therefore the rates shall increase as follows:
 
From And After
Operation And Maintenance
Debt Service
Total
July 1, 2014
$1.312
$2.338
$3.65
May 1, 2015
1.412
2.338
3.75
May 1, 2016
1.512
2.338
3.85
May 1, 2017
1.612
2.338
3.95
May 1, 2018
1.712
2.338
4.05
 
Sewer users who do not purchase water from the city of Canton shall be charged a volume surcharge according to the foregoing rates based upon metered water use or metered sewer use (if available) or by an estimate of water used as determined by the superintendent.
   (F)   Reserved. (Ord. 3065, 6-3-2014)
   (G)   Extra Strength Surcharge: Service charges and volume charges as specified in subsection (E) of this section shall be considered to be payment for collection and treatment of all sewage of strengths up to concentrations of two hundred milligrams per liter (200 mg/l) BOD and two hundred forty milligrams per liter (240 mg/l) suspended solids. An additional extra strength surcharge shall be charged in the event that a user discharges wastes of strengths in excess of two hundred milligrams per liter (200 mg/l) BOD and two hundred forty milligrams per liter (240 mg/l) suspended solids as shown below.
 
BOD
$0.120/#
SS
0.125/#
 
These surcharges shall be applicable to 1989. Beyond 1989, the city will determine annually, costs per pound for treatment of excess concentrations of BOD and suspended solids for the purposes of assessing extra strength surcharges as those users who may be discharging such wastes. The unit costs, for this purpose, will be computed on the following basis:
      1.   The total annual cost of collection and treatment shall be determined from information contained in the official audit prepared for the last preceding fiscal year. In determining the amount of audited expenses allocable to the operation of the sewer department, the following items will be considered:
         (a)   One-half (1/2) the total expense of the combined waterworks and sewerage system for accounting and collection costs.
         (b)   One-half (1/2) the total expense of the combined waterworks and sewerage system for general and administrative costs.
         (c)   Total audited value for sewer expense, including all operation and maintenance expenses for the sewerage system and for sewage treatment.
         (d)   Sixty two percent (62%) of the past year's principal and interest costs on 1963 waterworks and sewerage revenue bonds so long as said bonds are outstanding.
         (e)   Principal and interest cost on all outstanding general obligation sewer bonds and obligations so long as said bonds and obligations are outstanding.
In addition to the items listed above obtained from the official audit, an item of depreciation shall be included. This item shall be determined at twenty percent (20%) of a total annual depreciation amount as approved by region V, United States environmental protection agency for the various items included in all improvements to the sewage treatment facilities to the extent such improvements are not fully depreciated.
      2.   The annual average daily dry weather flow, BOD and suspended solids for untreated wastes received at the treatment plants, computed from treatment records by omitting values for days in which rainfall contributed to flow. Values for BOD and for suspended solids shall be computed on the basis of the total number of pounds received at the treatment plants.
      3.   From data obtained in subsections (G)1 and (G)2 of this section, the total annual cost per pound of BOD treatment and per pound of suspended solids treated shall be computed.
In making these calculations, the total annual cost obtained as outlined in subsection (G)1 of this section shall be apportioned as follows:
40 percent of total assigned to volume
30 percent of total assigned to BOD
30 percent of total assigned to suspended solids
      4.   In calculating extra strength surcharges applicable to any particular user, data shall be obtained pertaining to the volume of wastes discharged and to the BOD and suspended solids applicable to such wastes. Credit shall be given for BOD up to two hundred milligrams per liter (200 mg/l) and for suspended solids up to two hundred forty milligrams per liter (240 mg/l) being included under the service charge and volume charge. For strengths in excess of two hundred milligrams per liter (200 mg/l) BOD and two hundred forty milligrams per liter (240 mg/l) suspended solids, charges per pound shall be made in accordance with the results of calculations as outlined in subsection (G)3 of this section for the billing period.
Extra strength surcharges determined for the preceding year shall be applied until a new determination is made of the unit costs for BOD and suspended solids and of volume and strength of wastes discharged by a user.
In the event that a change in sewage volume or strength is considered to have taken place, the city will have the right to obtain updated information on volume and strengths of a user's discharge and to make adjustments in the number of pounds applicable for surcharge. Should a user desire to have extra strength surcharges adjusted, arrangements may be worked out with the superintendent for additional sampling analyses and surcharge computations, with the user paying for the cost of such additional measurement, analyses and calculations as determined by the superintendent. (Ord. 1267, 12-5-1989)
   (H)   Outside City Limits: Debt service charges for sewer service outside city limits shall be two hundred percent (200%) of the debt service portion of the sewer rate inside city limits. (Ord. 1287, 7-17-1990)
   (I)   Annual Review: Following each annual audit of the fiscal year ending April 30, the city will review, on the basis of the past year's audit and volumes and strengths of wastes treated, the sewer rates, including service charges, volume charges, and extra strength surcharge. Revisions will be made, if appropriate, to take effect as soon as practicable. (Ord. 1267, 12-5-1989)
   (J)   Water Rate Amendments: In addition to the foregoing charges, the water rates shall be amended from time to time by city staff with prior council approval following annual review to reflect the actual cost, including administrative expenses, of special electrical costs or expenses incurred by the city in the operation and maintenance of the city water well(s) at not to exceed twenty cents ($0.20) per one hundred (100) cubic feet of water per well when in operation. Such actual costs shall be spread evenly and billed to city water customers in the same manner as the foregoing charges are spread and billed. Such special or extraordinary costs or expenses shall be immediately reduced or removed as the actual cost or expense to the city is reduced or removed, except that if a pump runs for fifty percent (50%) or more of a billing cycle, the surcharge shall be billed for the entire billing cycle. (Ord. 1267, 12-5-1989; amd. Ord. 1689, 3-20-2001)
   (K)   Remediation Water:
      1.   Dischargers of remediation water as limited in subsection 8-19-31(M) of this title shall pay a charge to be called a "remediation water charge" of three cents ($0.03) per gallon for each gallon of such wastewater delivered and/or discharged to the City under the provisions of this subsection. Such charges shall be in lieu of flow, BOD and TSS charges as established herein. The doubling of wastewater treatment bills for outside sources (not within the City limits) shall be applicable to the above charges.
      2.   Charges for sampling and analyses undertaken by the City for inspection shall be borne by the party requesting the discharge. (Ord. 1454, 3-7-1995)

 

Notes

1
1. 33 USC 466 et seq.
8-10-6: PAYMENT OF BILLS:
Said rates or charges for the services shall be payable on the fifteenth day of the month following the month of billing. The owner of the premises shall be liable to the City to pay for the service to such premises provided, however, with the approval of the City, the said owner may require the tenant to pay therefor, but the primary liability shall not shift from the owner to the tenant. In addition to the owner, the occupant or the user of the service thereof shall be secondarily liable to pay for the service to such premises. All bills for service shall be billed no later than the last day of the billing month and shall be payable no later than the close of business on the fifteenth day thereafter. If payment of the full amount of the bill is made after said fifteenth day, a penalty of twenty percent (20%) of the amount of the bill will be added to the amount of the outstanding balance. (Ord. 3097, 4-8-2015)
8-10-7: APPLICATION REQUIRED; OWNER RESPONSIBLE:
No water shall be turned on for use in or upon any premises until an application therefor in writing has been made for that purpose and filed with the City Water Department stating the purpose for which the water is to be used. Every application for water services shall constitute an agreement by the applicant to pay for all water used on the premises through said service and to comply with all ordinances, rules, and regulations then in effect or that may thereafter be adopted. The City may deny water service to any applicant when such applicant owes the City through the Water Department for a delinquent bill for service to another premises. Should the City become aware that the turnoff request by a landlord is being utilized as a punitive matter in a dispute with a tenant who is current in payment of his or her water charges, the City will not become an arbitrator of the dispute, but may in its discretion deny or grant such request. (Ord. 4088, 11-7-2017)
8-10-8: DISCONTINUANCE OF SERVICE:
   (A)   If the rates or charges for such services are not paid by the fifteenth day of the month following the month of mailing of the bill for such service, such service shall be immediately discontinued without further notice and shall not be reinstated until all past due bills, including the penalties thereon, are paid in full.
   (B)   If City has disconnected water service due to nonpayment, there will be a fee of fifty dollars ($50.00) which must be paid in advance to have the service reinstated. The outstanding bill must be paid in full before utilities will be turned back on by City. (Ord. 3097, 4-8-2015)
8-10-9: CASHIER TO FILE LIEN:
If any bill, including penalties and interest thereon, is not paid in full within fourteen (14) days following the fifteenth day after the month of mailing of the bill, the cashier may cause a notice of lien to be filed with the Recorder of Deeds of Fulton County, Illinois, and against the premises which received such service, all as provided by Illinois law. The notice of lien may be filed after the end of the month following the fifteenth day after the last day of the billing month. Such lien shall not be removed until all past due bills, penalties, and interest thereon, and all actual costs of filing and removing such lien claims are first paid in advance. (Ord. 3097, 4-8-2015)
8-10-10: CASHIER TO RENDER BILLS:
It is hereby made the duty of the cashier of the City, or qualified personnel appointed by the Mayor, to render bills for service and for all rates and charges in connection therewith and to collect all monies due thereon. (Ord. 3097, 4-8-2015)
8-10-11: FUNDS KEPT SEPARATE:
All revenues and monies derived from the operation of the combined waterworks and sewerage system shall be held by the Clerk or qualified personnel appointed by the Mayor, to render bills for service and for all rates and charges in connection therewith and to collect all monies due thereon, separate and apart from his private funds and separate and apart from all other funds of the City and all of said sum, without any deducting whatever, shall be delivered to the City Treasurer on the same day such revenues and monies are received. (Ord. 1267, 12-5-1989)
8-10-12: WATERWORKS AND SEWERAGE FUND:
The city treasurer shall receive all such revenues from the combined waterworks and sewerage system and all other funds and monies incident to the operation of such system as the same may be delivered to the treasurer and deposit the same in a separate fund designated as the "waterworks and sewerage fund of the city" and said treasurer shall administer such fund in every respect in the manner provided by the provisions of the Illinois municipal code, effective July 1, 1961, and all laws amendatory thereof and supplementary thereto, and as provided in all outstanding, applicable bond ordinances as the same may from time to time exist. (Ord. 1267, 12-5-1989)
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