§ 52.03 ABBREVIATIONS.

   Abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
C.F.R.	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency or EPA
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National pollutant discharge elimination system
POTW	Publicly-owned treatment works
SIC	Standard industrial classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.
U.S.C.	United States Code
TSS	Total suspended soils

 

(1984 Code. § 7-01-03-020) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993; Ord. 352, passed 11-10-2002)

§ 52.04 INDUSTRIAL COST RECOVERY.

   (A)   Generally. Existing or future industrial users, as identified in the Standard Industrial Classification Manual, 1972, under Division A, B, D, E, or I, that contribute process wastes and cooling water to the sanitary sewer system of the village shall be charged a fee in proportion to the amount of the federal grant which is allocable to the treatment of wastes from those users. The fee to be assessed will be determined by flow and strength. As a minimum, an industry’s share shall be proportional to its flow in relation to treatment works flow capacity. In computing derivation of charges for cost recovery, the following strength and volume units are used as the basis of design.

 

Treatment	mg/l
BOD	250
Phosphorous	15
Suspended solids	300
Note: The industrial cost recovery amount shall be equal to the amount of U.S. EPA participation in project costs. An industrial user’s share shall include only that portion of the grant assistance allocable to its use or to capacity firmly committed for its use

 

   (B)   Amortization. All industries annual payment shall be amortized over a 30-year cost recovery period and shall not include an interest component.

   (C)   Exemption to cost recovery. Industrial users shall be exempt in the cost recovery system if they are governmental users or discharge primarily segregated domestic wastes or other wastes in volumes less than 25,000 gallons per day or equivalent strengths thereof, the latter being calculated using the pollutant concentrations defined by the “normal domestic sewage” in § 52.02.

   (D)   Domestic waste. Domestic wastes attributable to the employees of the industrial facility (the maximum amount shall be 15 gallons per employee per work shift) shall be exempt from the cost recovery system. Where the industrial facility feels its employee domestic waste exceeds the 15-gallon exemption, such substantiation shall be submitted to the Director, who shall review and make a determination as to the amount of exemption. Such exemption shall be reviewed by the village on an annual basis, with new substantiation of the allowed exemption being submitted to the village upon request of the Director. The industrial user shall furnish, on a periodic basis as established by the Director, a certified report indicating the number of man days worked for that period. One man day shall be equal to one employee working one normal work shift. This certified report shall be used as the basis for establishing the exemption of domestic waste attributable to employees of said industry.

   (E)   Monitoring categories. In order to determine the degree to which users must be monitored, “major” and “minor” user categories will be established. Classification of industry into such categories will be at the option of the village, but industry may petition for reclassification based on sound engineering study and/or certified independent laboratory analysis. Major users will be monitored on a regular basis. Minor users will be monitored only to the extent that such monitoring is reasonable insofar as it is administratively effective to do so.

   (F)   Length of cost recovery period. The initiation of the cost recovery period will be no later than 30 days after final acceptance of the plant expansion project by the U.S. EPA.

   (G)   Annual submittal to the EPA by village of cost recovery information. The village will, at annual intervals beginning one year after the start of the industrial cost recovery period, submit the following to the regional administrator:

      (1)   Information listing ICR amounts charged and collected from industries during the preceding annual accounting period;

      (2)   Amount of payments being submitted to the federal government for the period;

      (3)   Investments made and amount of interest earned during the preceding annual accounting period;

      (4)   Fiscal status, including accrued interest earned on 80% of all ICR amounts retained by the grantee since initiation of the ICR period;

      (5)   Certification by grantee that information submitted is complete and correct and that grantee has complied with all provisions of the approved ICR system; and

      (6)   A check for the annual payment to the U.S. EPA.

   (H)   Approval of revisions of ICR system by EPA. Significant revisions of the approved ICR system must be submitted to and approved by the regional administrator prior to implementation.

   (I)   Permit adjustment for change in strength. An industrial user’s payment will be adjusted to reflect significant changes in strength or volume so that the user pays its allocable share.

   (J)   Record retention. To accomplish compliance with the Act, the following records will be maintained:

      (1)   Documentation of the final grant amount;

      (2)   The originally approved industrial cost recovery system and all materials and correspondence related thereto;

      (3)   Any and all subsequently approved revisions to the industrial cost recovery system and all materials and correspondence related thereto;

      (4)   The grantees notification of initiation of operation of the industrial cost recovery system;

      (5)   All annual submissions from the grantee;

      (6)   All material relating to approval(s) of the use of retained funds; and

      (7)   The record of the grantee’s annual payments to the EPA.

   (K)   (1)   In order to determine the strength and volume of user’s wastes, the village may require monitoring, control manholes, control manhole locations, and right of inspection. It shall be the obligation of the user to conduct a test on measuring equipment at least once every 12 months or when required by the village to determine the accuracy, and the results thereof shall be furnished in writing to the Director. It shall also be the user’s responsibility to notify the Department within a reasonable time in advance so that the Department may, if it chooses, have a witness present during such test.

      (2)   If, upon any such test, the percentage of accuracy is found to be within the accuracy tolerance as established by the manufacturer’s specifications, such measuring equipment shall be determined to have correctly measured the quantity delivered to the sewer system. If, however, the percentage of accuracy tolerance is found to be outside the accuracy tolerance as established by the manufacturer’s specifications, then such measuring equipment shall be immediately adjusted to register correctly the quantity delivered to the sewer system.

      (3)   The billings to such user shall be adjusted for a period extending back to the time when the inaccuracy began, if such time is ascertainable, or for a period extending back one-half of the time elapsed since the date of the last test or the date of the last adjustment, if the time is unascertainable.

   (L)   If, in the opinion of the Director, it is impractical or infeasible for the producer to install a meter or meters to measure the industrial waste being discharged into the sanitary sewer, the Director may require that the village perform an engineering study to determine the percentage of water being discharged to the sanitary sewer system. Such engineering study, when approved by the Director, shall constitute the basis upon which the ICR established by this chapter shall be computed, and the costs of such a study shall be borne by the user.

   (M)   Where it is not administratively feasible to meter the quantity of sewage delivered to the village sewers, the volume will be construed as being the same as the water delivered to the user by the village water system unless otherwise provided.

   (N)   Determination of the average concentration or strength of the waste delivered shall be the obligation of the user. Analysis shall be made on representative samples collected by the user or his or her agent and at such intervals as the village may designate, but not less than annually. Cost of all testing shall be at the user’s expense. The village may conduct multiple discharge analysis or require multiple discharge analysis from an independent testing laboratory. Sampling will be conducted according to accepted methods. Composite or grab sampling, depending on the user’s process, may be used.

   (O)   (1)   The user’s annual cost will be determined by volume and strength. Specific values for volume, BOD, SS, and phosphorous will be derived by dividing the federal grant cost component attributable to each of the basic design parameters so that a cost is derived per 100 cubic feet of volume and per pound for suspended solids, BOD, and phosphorous.

      (2)   The village, by ordinance, shall establish unit charges to be used in computing the industrial cost recovery share after obtaining the recommendation of the village engineers.

      (3)   Revenues collected for industrial cost recovery under this chapter shall be deposited in one of the following accounts:

         (a)   Industrial Cost Recovery Fund: federal;

         (b)   Industrial Cost Recovery Fund: local; and

         (c)   Receiving Fund: Water and Sewer Fund.

      (4)   Revenues shall be deposited to the aforementioned accounts in the following manner:

         (a)   Fifty percent of all revenue collected shall be deposited in the Federal Industrial Cost Recovery Fund;

         (b)   Eighty percent of the remaining revenues shall be deposited in the Local Industrial Cost Recovery Fund; and

         (c)   All remaining revenues shall be deposited in the Water and Sewer Receiving Fund.

      (5)   Revenues collected under this chapter shall be restricted and may be transferred and disbursed only as provided hereinafter in this chapter.

      (6)   Once a year, on an annual basis, the month of which will be agreed upon between the Director and the EPA, all amounts deposited to the federal industrial cost recovery fund, plus all interest earned thereon shall be returned to the U.S. Treasury in a manner as may be prescribed by the U.S. Treasurer or his or her designee.

      (7)   Amounts deposited in the local industrial cost recovery fund, plus all interest earned thereon, may not be transferred or otherwise expended from this fund for any purpose whatsoever, except by resolution of the Village Council with written approval of the regional administrator of the U.S. EPA and then only for the purpose of the expansion and/or reconstruction of water pollution control facilities.

      (8)   (a)   Amounts deposited to the receiving fund may be transferred or otherwise expended to meet any obligation of the sewer fund, provided, however, these funds may not be used to reduce sewer user charges or industrial cost recovery amounts for any person or firm.

         (b)   Pending use as provided elsewhere in any applicable rule or regulation, all amounts deposited to local industrial cost recovery fund for reconstruction and/or expansion shall be invested in:

            1.   Obligations of the U.S. government; or

            2.   Obligations of any agency thereof:

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

   (P)   Billing of ICR charges. Charges for ICR shall be billed and collected on an annual basis. Bills shall be rendered at least 25 days prior to the due date. The initial bill to be rendered shall be not later than one year and 30 days after final acceptance of the property by the U.S. EPA. All subsequent bills shall be rendered on an annual basis within the aforementioned 30-day period.

   (Q)   Penalty for late payment. If ICR charges are not paid on or before the due date, there shall be assessed a late charge of 5%. If ICR charges are not paid within 30 days after the due date thereof, the water services to such premises may be discontinued; and if such water is obtained from a source or sources of supply other than the village’s water supply system, the discharge thereof into the village’s sewage disposal system shall be illegal and the owner of said property subject to fine or imprisonment, as is herein provided for violation of any applicable rule or regulation.

   (R)   Creation of lien for nonpayment of ICR charges. Charges for ICR to any premises shall be a lien thereon, and during April of each year the person or agency charged with the management of said system shall certify that such charge which as of April 1 of that year has been delinquent six months or more to the Village Assessor who shall enter the same upon the village tax roll of that year against the premises to which such service has been rendered, and such charges shall be collected and said lien shall be enforced in the same manner as provided in respect to taxes assessed upon such roll; provided that when a tenant is responsible for payment of any such charge against and premises located within the boundary of the village and the Village Council is so notified in writing, with a true copy of the lease of the affected property (if there be one) attached, then so such charge shall become a lien against such premises from and after the date of such notice; however, in the event of the filing of such notice, no further service shall be rendered by the system to such premises until a cash deposit not to exceed three times the average annual charge to such premises shall have been made as security for the payment of charges thereto.

   (S)   Requirement of deposit to ensure payment of ICR charges by users located out of village limits. In the case of premises located outside the corporate limits of the village, which premises are subject to the village industrial cost recovery system, the owners of such premises shall at all times be liable for such charges and shall make such deposit to ensure payment of charges as the Village Clerk-Treasurer shall require.

(1984 Code. § 7-01-03-130) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993)

§ 52.05 PROTECTION FROM DAMAGE.

   (A)   Powers of the police. No person shall maliciously willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

   (B)   Liability. Any person violating any of the provisions of this chapter shall become liable to the village for any expense, loss, or damage occasioned the village by reason of such violation.

(1984 Code. § 7-01-03-160) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993) Penalty, see § 52.99

§ 52.06 POWERS OF THE DIRECTOR.

   (A)   Right of entry. The Director shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter, whether or not an easement has been granted. The Director 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 property as a source of discharge to the sewage system or waterways.

   (B)   Hold harmless. While performing the necessary work on private properties referred to herein, the Director shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to village employees, and the village shall indemnify the person against loss or damage to its property by village employees and against liability claims and demands for personal injury or property damage asserted against the person and growing out of the gauging, sampling operations, and inspections, except as such maybe caused by negligence or failure of the person to maintain safe conditions as required herein.

   (C)   Easements. The Director and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the public sewage works staying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

   (D)   Sampling and testing.

      (1)   All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter may be made in accordance with test methods, as defined in this chapter, 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 the constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.

      (2)   The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate, or whether grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

(1984 Code. § 7-01-03-170) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993) Penalty, see § 52.99

§ 52.07 ENFORCEMENT.

   (A)   Harmful contributions.

      (1)   The village may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the village, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes interference to the POTW or causes the village to violate any condition of its NPDES permit.

      (2)   Any person notified of the suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the village shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals.

      (3)   The village shall reinstate the user contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the cause of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the village within 15 days of the date of occurrence.

   (B)   Revocation of permit. Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter:

      (1)   Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;

      (2)   Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

      (3)   Refusal of reasonable accesses to the user’s premises for the purpose of inspection or monitoring; or

      (4)   Violation of conditions of the permit.

   (C)   Notification of violations. Whenever the village finds that any user has violated or is violating this chapter, a wastewater contribution permit, or any prohibition, limitation, or requirements contained herein, the village may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the village by the user.

   (D)   Show cause hearing.

      (1)   The village may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Village Council why the proposed enforcement action should not be taken. A notice shall be service on the user specifying the time and place of a hearing to be held by the Village Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Village Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

      (2)   The Village Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned Department) to:

         (a)   Issue in the name of the Village Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

         (b)   Take the evidence; and

         (c)   Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Council for action thereon.

      (3)   At any hearing held pursuant to this section, testimony taken must be under oath and recorded electronically or stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

      (4)   After the Village Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment faculties, and that such devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

   (E)   Legal action. If any person discharges sewage, industrial wastes or other wastes into the village’s wastewater disposal system contrary to the provisions of this chapter, federal, or state pretreatment requirements, or any order of the village, the Village Attorney may commence an action for appropriate legal and/or equitable relief in the County Circuit Court. For this division (E), the term CONTRARY TO THE PROVISION OF THIS CHAPTER, includes, but is not limited to, refusal of entry to allow or carry out inspections, or monitoring activities, any rules, regulations, or orders issued by the POTW, any requirements set forth in the permit issued by the village or any reporting requirements imposed by the POTW.

   (F)   Falsifying information. No person shall knowingly make any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit. No person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter.

(1984 Code. § 7-01-03-140) (Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993) Penalty, see § 52.99