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Upon conviction of a violation, the commissioner of public health and safety, the police department and other city departments and employees are authorized and empowered to go upon private properties where any such violation occurred and remove, destroy or otherwise abate such violation in such manner as to prevent the reestablishment thereof 102 . (Ord. 77-336, 2-7-1977)
Notes
102 | 65 ILCS 5/11-42-10. |
(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 city of Flora or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste.
(B) It shall be unlawful to discharge to any natural outlet within the city of Flora, or in any area under the jurisdiction of said city, any sewage 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 sewage.
(D) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley or right of way in which there is now located or may in the future be located any public sanitary (or combined) sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred feet (100') (30.48 m) of the property line. (Ord. 77-336, 2-7-1977)
(E) It shall be unlawful for any person, firm or corporation to connect or cause to be connected to any drain carrying or to carry any toilet, sink, basement, septic tank, cesspool, industrial waste or any fixture or device discharge including substances into any storm sewer constructed as a part of the improvement of FAP 327 (U.S. Route 50/45) between the intersection of U.S. Route 50 and FA 26 (U.S. 45) west of Flora and the intersection of U.S. Route 50 and North State Street in the city of Flora, Illinois.
Any person, firm or corporation violating this subsection (E) shall be fined not less than fifty dollars ($50.00) and no more than seven hundred fifty dollars ($750.00) for each offense and separate offense shall be deemed committed each and every day in which a violation continues or exists. (Ord. 05-1967, 11-21-2005)
(A) Where a public sanitary (or combined) sewer is not available under the provisions of subsection 7-4-3(D) of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(B) Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the commissioner of public property or such other person, official or employee designated by the city council to issue such permit. The application for such permit shall be made on a form furnished by the city 1 , which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the commissioner of public property or such other person, official or employee designated by the city council. A permit and inspection fee of seventy five dollars ($75.00) shall be paid to the city at the time the application is filed.
(C) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the commissioner of public property or such other person, official or employee designated by the city council. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the commissioner of public property or such other person, official or employee designated by the city council when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty four (24) hours of the receipt of written notice by the commissioner of public property or such other person, official or employee designated by the city council.
(D) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state of Illinois private sewage disposal licensing act and code and with the state of Illinois environmental protection agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than two thousand five hundred (2,500) square feet (3,222.30 square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(E) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection 7-4-3(D) of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(F) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the city.
(G) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Clay County health department of Clay County, Illinois.
(H) When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank run gravel or dirt. (Ord. 77-336, 2-7-1977)
Notes
1 | See section 7-4-14 of this chapter. |
(A) No unauthorized person shall uncover, make any connections with, or opening into; use; alter; or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the commissioner of public property or such other person, official or employee as may be designated by the city council.
(B) All disposal by any person into the sewer system is unlawful except those discharges in compliance with federal standards promulgated pursuant to the federal act and more stringent state and local standards. (Ord. 77-336, 2-7-1977)
(C) There shall be two (2) classes of building sewer permits: 1) for residential and commercial service, and 2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city 104 . The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the commissioner of public property or such other person, official or employee as may be designated by the city council. A permit and inspection fee of one hundred twenty five dollars ($125.00) for a residential or commercial building sewer permit shall be paid to the city at the time the application is filed. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity. (Ord. 77-336, 2-7-1977; amd. Ord. 78-416, 12-18-1978, eff. 1-2-1979)
(D) A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.
(E) All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(F) A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(G) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the commissioner of public property or such other person, official or employee designated by the city council, to meet all requirements of this chapter.
(H) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American society of testing materials, water pollution control federation manual of practice no. 9, and standard specifications for water and sewer main construction in Illinois shall apply.
(I) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved in accordance with subsection (B) of this section, and discharged to the building sewer.
(J) No person(s) shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(K) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the American society of testing materials, water pollution control federation manual of practice no. 9, and standard specifications for water and sewer main construction in Illinois. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the commissioner of public property or such other person, official or employee designated by the city council before installation.
(L) The applicant for the building sewer permit shall notify the commissioner of public property or such other person, official or employee designated by the city council when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the commissioner of public property or such other person, official or employee designated by the city council.
(M) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 77-336, 2-7-1977)
Notes
104 | See section 7-4-14 of this chapter. |
(A) No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(B) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the commissioner of public property. Industrial cooling water of unpolluted process waters may be discharged, on approval of the commissioner of public property, to a storm sewer, combined sewer, or natural outlet.
(C) No person 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 or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
3. Any waters or wastes having a pH lower than five and five-tenths (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(D) No industrial user may discharge sewage into any public sewer until the city has adopted an industrial cost recovery system which:
1. Meets the requirements of section 204(b)(1)(B) of the federal water pollution control act amendments of 1972 105 and applicable federal regulations; and
2. Has been approved by the agency in accordance with the conditions of any grant made to the city by the United States environmental protection agency or of the state of Illinois for the construction of any part of the sewer system or sewage treatment works of the city.
(E) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the commissioner of public property that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the commissioner of public property will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (65°C).
2. Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty two degrees (32°) and one hundred fifty degrees Fahrenheit (150°F) (0 and 65°C).
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the commissioner of public property.
4. Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not.
5. Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the commissioner of public property for such materials.
6. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the commissioner of public property as necessary after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
7. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the commissioner of public property in compliance with applicable state or federal regulations.
8. Any waters or wastes having a pH in excess of nine and five-tenths (9.5).
9. Any mercury or any of its compounds in excess of 0.0005 milligrams per liter as Hg at any time except as permitted by the commissioner of public property in compliance with applicable state and federal regulations.
10. Any cyanide in excess of 0.025 milligrams per liter at any time except as permitted by the commissioner of public property in compliance with applicable state and federal regulations.
11. Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);
(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
(d) Unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein.
12. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters. (Ord. 77-336, 2-7-1977)
13. No person, firm or corporation shall discharge any sanitary or industrial solids or liquids, required by the statutes of the state of Illinois, or any law or regulation in force in the state of Illinois with respect to sanitary or industrial wastes and the discharge thereof, into any storm sewer or storm drain located within the city limits of the city of Flora, Illinois. (Ord. 78-380, 2-6-1978)
(F) 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 in subsection (E) of this section, and/or which are in violation of the standards for pretreatment provided in chapter 1, EPA rules and regulations, subchapter D, water programs part 138 - pretreatment standards, federal register volume 38, no. 215, Thursday, November 8, 1973, and any amendments thereto, and which in the judgment of the commissioner of public property may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the commissioner of public property may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of subsection (L) of this section.
If the commissioner of public property permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the commissioner of public property or such other person, official or employee designated by the city council, and subject to the requirements of all applicable codes, ordinances and laws.
(G) Grease, oil and sand interceptors shall be provided when, in the opinion of the commissioner of public property, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the commissioner of public property, and shall be located as to be readily and easily accessible for cleaning and inspection.
(H) Where preliminary treatment or flow equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(I) Each industry shall be required to install a control manhole and, when required by the commissioner of public property or such other person, official or employee designated by the city council, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the commissioner of public property or such other person, official or employee designated by the city council. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(J) The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the city 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 city, but no less than once per year the industry must supply a complete analysis of the constituents 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 city at such times and in such manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses, and reporting required by the city. At such times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an outside laboratory service.
(K) 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, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composites of all outfalls, whereas pHs are determined from periodic grab samples.)
(L) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, in accordance with section 7-4-9 of this chapter, by the industrial concern, provided such payments are in accordance with federal and state guidelines for user charge system and industrial cost recovery system. (Ord. 77-336, 2-7-1977)
Notes
105 | See section 7-4-13 of this chapter. |
No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 77-336, 2-7-1977)
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