A. Established: There shall be and there are hereby established, sewer user service charges for the use of and for the service supplied by the Village sewerage works. The Village sewerage works includes: a) the Regional Sewage Treatment Plant commonly known as the Northwest Regional Water Reclamation Facility (hereinafter “Regional Sewage Treatment Plant” or “NWRWRF”); and b) the system of sewer mains, sewer services, lift stations, pumps and other accessories and components which collect sewage from residences and other buildings within the service area and transport it to the NWRWRF (hereinafter “local sewage system” or “local sewer system”). Sewer user service charges shall consist of two (2) separate components:
1. Charges related to the Regional Sewage Treatment Plant (hereinafter “regional sewer user service charges”) as set forth in Section 7-3-7 E.
2. Charges related to the local sewage system (hereinafter “local sewer user service charges”) as set forth in Section 7-3-7 F.
B. Basis Of Metering:
1. The local user sewer service charge shall be based on the residential customer equivalent (RCE) minimum bimonthly volume of fifteen thousand (15,000) gallons of average strength sewage. Charges for flows exceeding the minimum fifteen thousand (15,000) gallons shall be based on the water usage as recorded by approved water meters and/or sewage meters for wastewater of average strength sewage.
2. Metered usage shall be read to the lowest even increment of one thousand (1,000) gallons.
3. Sewer users who obtain any portion of their water service from other than public water supply sources shall, if required by the Supervisor of Sewer and Water, install and maintain, at no expense to the Village, water meters of a type approved by the Supervisor of Sewer and Water for the purpose of metering the water usage obtained from such other sources. Unless all sources of water usage are metered, a user shall pay for sewer usage as a nonmetered user unless actual usage exceeds the minimum volume for nonmetered users.
4. Wherever required by the Supervisor of Sewer and Water, sewage metering devices shall be installed and maintained at no expense to the Village when the volume of wastewater discharged to the public sewer cannot be otherwise determined by use of water meters.
5. Metering devices shall not be removed without the consent of the Supervisor of Sewer and Water unless sewer user service is canceled.
C. Determination Of Sewer User Service Charges:
1. Regional Sewer User Service Charges: The regional sewer user service charges shall be determined by the amount of revenue funds required to operate and maintain the NWRWRF; to provide funds for the replacement of component parts of said NWRWRF for each fiscal year; to provide funds for contingencies which may arise regarding operation of the NWRWRF; to provide for payment of any debt service; and a General Fund transfer to compensate the Village for certain externality costs incurred by the Village through operation of a regional treatment plant. Despite the regional role of the Northwest Regional Water Reclamation Facility's operations, the Village disproportionately bears certain impacts such as odor and potential health risks, along with the related administrative and management demands, that result in direct and indirect costs associated with externalities of the Northwest Regional Water Reclamation Facility, which externality costs cannot be fully ascertained or calculated, and which may include any or all of the following: a) the cost of supplying police and fire protection to the treatment plant and its environs; b) the risk of tort liability or losses due to acts of God or other casualties arising out of operation of the treatment plant; c) the risks of obtaining credit and committing to long term financial liability when major customers could withdraw or default on payments to the Village, potentially leaving assets stranded while financial obligations persist; d) loss of real estate tax revenues to the Village because the treatment plant property is not on the tax rolls; e) inability to fully realize real estate tax revenues in the manner enjoyed by other municipalities that utilize the treatment plant; f) decreased real estate tax revenues to the Village because of lower equalized assessed valuations of properties in close proximity to the treatment plant; and g) inability to capture a return on the Village's capital investment in real estate used for the Northwest Regional Water Reclamation Facility.
In addition, from time to time a regional inflow/infiltration surcharge may be imposed upon all users within the regional boundaries of the NWRWRF to defray costs of excess flow facilities designed to lessen the impacts of inflow and infiltration on operation of the NWRWRF and the interceptors which transport sewage to the NWRWRF.
2. Local Sewer User Service Charges: The local sewer user service charge shall be determined by the amount of revenue funds required to operate and maintain the local sewer system; to provide funds for the replacement of components parts for each fiscal year; a debt service charge; and a surcharge, if applicable.
D. Determination Of Debt Service Charge: The debt service charge shall be determined by the amount of revenue funds required for the principal and interest payments due for all outstanding bonds authorized and issued by the Village for financing improvements to the sewerage works and to provide bond reserve funds as required by Bond Ordinances.
E. Bimonthly regional sewer user service charges shall be as follows:
1. Non-Metered Sewer Users: For non-metered sewer users, a flat rate charge of thirty- three dollars and fifty cents ($33.50) per two (2) month period per residential customer equivalent (RCE), based on an assumed bimonthly discharge of fifteen thousand (15,000) gallons per RCE.
2. Metered Sewer Users: A minimum user charge of seventeen dollars and eighty-seven cents ($17.87) per two (2) month period plus two dollars twenty-three cents ($2.23) per one thousand (1,000) gallons (or part thereof) over eight thousand (8,000) gallons discharged in a two (2) month cycle based on water meter usage.
3. Multiple-Dwelling Single Metered Consumers: For multiple-dwelling unit developments that are not individually metered but have a single meter, there shall be charged a rate computed as follows: the fixed cost charge for each individual dwelling unit of seventeen dollars and eighty-seven cents ($17.87) per two (2) month period, plus a usage charge of two dollars twenty-three cents ($2.23) per one thousand (1,000) gallons (or part thereof) over an amount equal to the total number of dwelling units multiplied by (8,000) gallons discharged in a two (2) month cycle based on water meter usage. For example, a single water meter for a 10 unit apartment building indicates 90,000 gallons of water usage over a 2-month billing cycle would result in a total Regional sewer charge of $ 201 calculated as follows:
• $178.70 minimum user charge ((minimum per unit charge of $17.87 x 10 units), covering usage up to 80,000 gallons (10 units x 8,000 gals per unit)) +
• $22.30 usage charge (($2.23 per 1,000 gallons) x 10,000 gallons (90,000 usage - 80,000 gallons included))
4. I And I Surcharge (Excess Flow Surcharge): An inflow/infiltration surcharge of three dollars ($3.00) per two (2) month period beginning with the sewer user period which started on January 1, 2014.
F. Local Sewer Service: A fixed cost charge of fifty-five dollars and eleven cents ($55.11) per two (2) month period per unit, plus a usage charge of:
1. Non-Metered Sewer Users: For non-metered sewer users, one dollar and fourteen cents ($1.14) per one thousand (1,000) gallons discharged based on an assumed bimonthly discharge of fifteen thousand (15,000) gallons for each unit. None of this fee shall be allocated to the NWRWRF.
2. Metered Sewer Users: For metered sewer users, one dollar and fourteen cents ($1.14) per one thousand (1,000) gallons discharged in a two (2) month cycle based on water meter usage.
3. Multiple-Dwelling Single Metered Consumers: For multiple-dwelling unit developments that are not individually metered but have a single meter, there shall be charged a rate computed as follows: the fixed cost charge for each individual dwelling unit of fifty-five dollars and eleven cents ($55.11) per two (2) month period, plus a usage charge of one dollar and fourteen cents ($1.14) per one thousand (1,000) gallons in a two (2) month cycle based on water meter usage.
G. Tall Oaks System Bimonthly Charges: (Rep. by Ord. 2015-04, 1-13-2015)
H. Nonmetered Sewer Users: Whenever the Supervisor of Sewer and Water determines that a nonmetered sewer user is discharging more than fifteen thousand (15,000) gallons in a two (2) month period, the Supervisor of Sewer and Water may require such nonmetered sewer user to install metering devices on the building water supply or building sewer to measure the volume of wastewater discharged to the public sewer.
I. Treatment Service Surcharge: A treatment service surcharge shall be levied to all nonresidential sewer users whose wastewaters exceed the normal concentrations of five hundred sixty five milligrams per liter (565 mg/L) of COD, one hundred eighty eight milligrams per liter (188 mg/L) of BOD5, two hundred thirteen milligrams per liter (213 mg/L) of suspended solids, twenty five milligrams per liter (25 mg/L) of phosphorus and twenty three milligrams per liter (23 mg/L) ammonia nitrogen as determined by waste sampling which shall be performed as often as deemed necessary by the POTW and shall be binding as the basis for computing the surcharge. All surcharge parameters have a daily ceiling concentration limit which if surpassed will constitute cause for a fine and corrective action by the discharger, in addition to the monthly surcharge.
1. Surcharge Rates: A pollutant surcharge rate shall be calculated annually and an addendum shall be issued to applicable users each year the rate changes. The initial surcharge rate shall be twenty five cents ($0.25) per pound of surchargeable pollutants.
2. Computation Of Surcharges: The surcharge per user shall be computed by the following formula:
S = V(8.34) [N(COD-565 - average BOD5) + N(TSS-213) + N(BOD5-188) + N(Phosphorus-25) + N(Ammonia-23)]
Where:
S | = | The amount of surcharge in dollars |
V | = | Wastewater volume in million gallons per billing period (8.34) = weight of water |
N | = | Current calculated surcharge rate |
COD | = | Allowable COD - (minus) allowable BOD5, mg/L - 565 = surchargeable COD |
TSS | = | Allowable TSS, mg/L - 213 = surchargeable TSS |
BOD5 | = | Allowable BOD5, mg/L - 188 = surchargeable BOD5 |
Phosphorus | = | Allowable phosphorus, mg/L - 25 = surchargeable phosphorus |
Ammonia | = | Allowable ammonia, mg/L - 23 = surchargeable ammonia |
If any parameters are found to be at or below the NWRWRF's listed average normal strength, these parameters shall not be factored into the surcharge formula. The concentrations of wastes discharged in excess of the above listed average strengths shall be used for computing surcharges and shall be established by sewage flow metering and waste sampling. If no flow monitoring is implemented water bills shall be utilized. The discharger shall complete waste sampling and testing, as often as may be deemed necessary by the pretreatment coordinator and/or the wastewater discharge permit requirements and said sampling and testing shall be binding as a basis for surcharge. Surcharges shall not be billed until the surcharge total exceeds fifty dollars ($50.00).
The pretreatment coordinator shall annually review the actual average cost of operation and maintenance of the POTW for the preceding three (3) years plus the three (3) year average of the POTW depreciation beginning after the close of the village's fiscal year, and the village board shall adjust the surcharge rate by resolution to reflect the true cost of constituent treatment as of January 1 of each year or at such other times as deemed necessary. Pollutant surcharge rate shall be based on the POTW's average annual budget and depreciation, divided by the total number of pounds of each of the pollutants treated (BOD5, COD, TSS, ammonia and phosphorus). The current rate will be indicated in each industrial user's wastewater discharge permit; revised permits shall be issued annually if changes are required.
J. Sampling And Analysis: All sampling and/or analysis preformed by or contracted by the NWRWRF shall be billed to the user at the NWRWRF's actual cost plus a fifteen percent (15%) administrative fee. If the NWRWRF deems it necessary to sample more than twice a year, because of significant noncompliance with pollutant discharge limits set forth in this chapter, the NWRWRF shall bill the user the NWRWRF's actual cost plus a twenty five percent (25%) administrative fee.
K. Outside Village Limits: The sewer user service charges for all users outside the corporate limits of the village shall include a surcharge of fifty percent (50%) of the debt service charges for users within the corporate limits of the village, unless otherwise provided in intergovernmental sewer service agreements. In addition, the village may bill for sewer service outside the corporate limits of the village on other than a bimonthly basis as long as the monthly rate charged is not lower than the monthly rate charged for users located within the village, for similar sewer service.
L. Annual Review: The adequacy of the sewer user service charges shall be reviewed annually by the certified public accountants for the village in their annual audit report. The service charges shall be revised periodically to reflect changes in debt service or in operation and maintenance costs including replacement costs, and to maintain the cost-rate-revenue relationships in the user charge system.
M. Bimonthly Billing: Except as provided in subsection K of this section, sewer user service charges shall be billed on a bimonthly (every 2 months) basis to the owner of each residential premises connected to the village's sewer system at the address of the premises or at the owner's address on file with the village if the owner does not reside at the premises. In the case of commercial premises, the owner may designate that the billing be directed to the tenant at the address of the premises or at such other address that the owner designates in writing. Bills for sewer service shall be mailed out every two (2) months. Such bills shall be deemed delinquent if not paid within thirty (30) days of billing date and an additional ten percent (10%) delinquency charge shall be added to such delinquent balance.
N. Liability: The owner of the premises connected to the village's sewer system, the occupant thereof and the user of the sewer service shall all be construed to be "users" for purposes of this section and all shall be jointly and severally liable to pay for such service to such premises, and such service is furnished to the premises by the village only upon the condition that the owner of the premises, occupant and user of such service are jointly and severally liable to the village for all charges as set forth herein.
O. Delinquency: In the event the sewer user service charges, including any delinquency charge then due, are not paid within sixty (60) days after the date of billing, then an additional ten percent (10%) delinquency charge shall be added to the delinquent balance, and thereafter the village may file a statement of lien claim with the county recorder of deeds. This sworn statement of lien claim shall include: 1) a legal description of the premises to which sewer service was provided sufficient to identify the property, 2) the amount of the unpaid sewer user service charges and delinquency charges and other charges as provided herein, 3) the date when the amount due became delinquent, and 4) a notice that the village claims a lien for the stated amount as well as for all sewer service user charges and delinquency charges, subsequent to the period for which the bill was rendered. Whenever the person whose sewer user service charges are delinquent is not the owner of the premises to which sewer service was provided by the village, and the village has previously received notice of this, notice of delinquency and lien shall be mailed to the owner of the premises at the address of the premises or at the owner's address on file with the village. The failure of the village to record the lien with the county recorder of deeds, or to mail the notice of delinquency and lien to the owner of the premises or failure of the owner to receive such notice, shall not affect the right of the village to foreclose the lien for unpaid bills as mentioned herein. The property owner shall be responsible for a fifty eight dollar ($58.00) charge for processing and release of any lien hereunder, in addition to actual recording charges incurred by the village for the lien claim and the release.
P. Lien For Unpaid Charges: Property subject to a lien for unpaid sewer user service 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. Such foreclosure shall be by bill in equity in the name of the village. The village legal counsel is hereby authorized to institute such proceedings or other collection proceedings in the name of the village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid sixty (60) days after it has been rendered. In any litigation instituted by the village to collect amounts due or foreclose liens, all persons responsible for payment of delinquent bills shall be responsible for reasonable costs and attorney fees incurred by the village in such litigation.
Q. Village Treasurer: The village treasurer shall receive all revenues from the sewer user service charges and all other funds and monies incident to the operation of the sewerage works as the same may be delivered to him or her and deposit the same in the account of the fund designated as the "sewerage fund of the village of Fox Lake". Said treasurer shall administer such fund in every respect in the manner provided in Illinois municipal code 5/11-139 and all other laws amendatory thereof and supplementary thereto.
R. Annual Notification: The users of the wastewater treatment services will be notified annually, in conjunction with the regular bill, of the rate and portion of the user charges which are attributable to wastewater treatment operation, maintenance and replacement.
S. Nonpayment, Termination Of Service: In addition to the lien procedure heretofore stated in this section, the village may terminate sewer service pursuant to the following procedure:
1. It is hereby declared to be the policy of the village board of trustees that in the event any person or other legal entity whose residence or other building is connected to the village sewer system fails to pay the user charges, service to said person or other legal entity may be discontinued.
2. In the event that payment of the delinquent bill and fees are not paid within the time provided in said notice of termination, then the village shall have the power to physically disconnect the water service and/or the sewer service and to red tag the building. Turning off the water service at the B-box shall be construed to constitute disconnection of the water service and/or the sewer service. All expenses incurred by the village as a result of this disconnection of sewer service shall be deemed additional charges for sewer service for which a lien may be imposed upon the premises as provided by statute.
T. Procedure For Discontinuing Service: The procedure to be used in discontinuing and disconnecting said service shall be as follows:
1. In the event the user charge, after having been billed in accordance with this chapter, remains unpaid sixty (60) days after payment is due, the following notice shall be forwarded by certified or registered mail, return receipt requested, or by personal service to the owner of the premises being served by the Village sewer system at the owner's address on file with the Village, or at the address of the premises, and in the case of commercial premises, also to the tenant, if known to the Village:
NOTICE OF HEARING ON DELINQUENCY
You are hereby notified that the sewer user charges billed to you under date of for the building located at have not been paid and remain delinquent. A hearing is scheduled in the council chamber of the Village Hall, on the day of , 20 , at the hour of to determine if your service should be discontinued. If you fail to appear or if the hearing officer finds that you are delinquent on the above payment, your sewer service will be disconnected and your building red-tagged as unfit for human occupancy.
Dated this day of , 20 .
VILLAGE OF FOX LAKE
By:
Sewer Department
2. The Hearing Officer for such hearing shall be the Village Administrator or someone designated by the Village Administrator.
3. If the Hearing Officer determines that the sewer service should be discontinued, then the following fee shall be charged to the user:
A hearing fee of fifty dollars ($50.00) and an administration fee of twenty five dollars ($25.00) to cover certified mailing costs.
The entire fee may be waived or suspended by the Hearing Officer upon good cause having been shown. Said fee shall be added to the delinquent sewer bill of the user and shall constitute a part of said sewer bill until paid.
4. If the Hearing Officer determines that the sewer service should be discontinued for nonpayment of amounts due, the following notice shall be forwarded by certified or registered mail, return receipt requested, or by personal service, to the owner of the premises being served by the Village sewer system at the owner's address on file with the Village, or at the address of the premises, and in the case of commercial premises, also to the tenant, if known to the Village:
NOTICE OF TERMINATION
You are hereby notified that at a hearing held on the day of , 20 , the hearing officer determined that your sewer service should be discontinued for failure to pay your sewer bill, the total of which at the present time is $ . You are hereby notified that if payment of said amount is not made within 15 days after the date of mailing or personal service of this Notice, that the Village will physically disconnect the sewer service of your building from the Village sewer system, and will red-tag the building at , as unfit for human occupancy.
Dated this day of , 20 .
VILLAGE OF FOX LAKE
By:
Hearing Officer
5. In the event that payment of the delinquent bill(s) and delinquency charges and other fees is not made within the time provided in said notice of termination, then the Village shall have the power to physically disconnect the water service and/or the sewer service and to red tag the building. All expenses incurred by the Village as a result of this disconnection, including, but not limited to, labor costs and costs of equipment needed to excavate the site and effect the disconnection, shall be added to the amount of the delinquency and shall be additional monies owed the Village. In addition thereto, the person or entity responsible for said payment shall incur a charge for reconnection of two hundred dollars ($200.00), plus any fees required for permits, inspection, or charges for labor, material and equipment costs for reexcavation and reconnection, and late charges and/or delinquency charges as a consequence of said reconnection. The Village may impose a lien upon the premises, as provided by statute, for all such expenses, including recording charges, incurred as a result of said disconnection and reconnection. In addition, in the discretion of the Village, a deposit of one (1) year's estimated sewer usage may be required prior to reconnection. Said deposit shall not be applied by the customer to bills due after reconnection. No reconnection shall be made without payment made of all delinquent amounts due for the property.
6. The Board of Trustees hereby declares it to be against public policy for a building to be occupied by human inhabitants after it has been red tagged by the Village as being unfit for human occupancy.
U. Transfer Of Real Property: No transfer of real property within the corporate limits of the Village may be completed unless the Village Water and Sewer Department has been notified of the impending transfer and has given its statement of final fees and charges for water service and sanitary sewage treatment service to the property to be paid at the time of closing, or has given its written statement that there are no outstanding charges relative to the said property. In the event that property is acquired without payment made for water service and/or sewer service due at the time of acquisition, then the person acquiring the property shall be responsible for payment of the charges due at the time of acquisition.
V. Disputed Billings:
1. Users of the Village's sewer system are required to examine billings for sewer user service and to notify the Village in writing within sixty (60) days after the date of such billing of any alleged inaccuracy in the billing. The local Sewer and Water Department shall promptly review such notification and if an error is determined to exist, will make any billing adjustments required to conform the billing to the actual amount due. If notification is not received by the Village within sixty (60) days of the date of a billing, then the amount of the billing shall be conclusive and no adjustments shall thereafter be made.
2. If a billing inaccuracy is alleged and if information is supplied which is inaccurate or deceptive or based upon tampering with previously approved pipes, meters or other equipment, then all of the Village's costs in evaluating the allegation shall be billed to and paid by the person alleging the inaccuracy. If it is determined that residential units were added without notice to the Village or without securing proper building permits and inspections, then connection fees shall be charged to the owner as well as user fees from the date of adding the unit to the date of discovery by the Village.
3. In case of excessive water use due to casualty (i.e., broken pipes, leaking fixtures, vandalism, etc.), all charges for sewer and water will apply unless the water user can prove that the water did not enter the sanitary sewer system. If this can be proven, the charges for sewage treatment shall not apply and the average usage for the preceding twelve (12) months for sewer usage will be billed in lieu of the excessive use for the billing period. Such determinations shall be made by the Sewer and Water Supervisor. (Ord. 2020-01, 1-26-2010; amd. Ord. 2010-01, 1-26-2010; Ord. 2011-18, 6-28-2011; Ord. 2011-28, 10-11-2011; Ord. 2013-20, 9-24-2013; Ord. 2013-29, 11-26-2013; Ord. 2014-33, 11-12-2014; Ord. 2015-04, 1-13-2015; Ord. 2016-21, 6-14-2016; Ord. 2017-23, 5-9-2017; Ord. 2019-13, 4-9-2019; Ord. 2020-13, 4-28-2020; Ord. 2021-07, 4-27-2021; Ord. 2021-30, 12-14-2021; Ord. 2022-09, 2-22-2022; Ord. 2022-27, 4-26-2022)