(A) All plumbing installed within the city shall be installed in accordance with the Illinois Plumbing Code, 77 Ill. Adm. Code 890. If, in accordance with the Illinois Plumbing Code or in the judgment of the Superintendent of Public Works, an approved backflow prevention device is necessary for the safety of the public water supply system, the Superintendent of Public Works will give notice to the water customer to install such an approved device immediately. The water customer shall, at his or her own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, IEPA and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code, IEPA and local regulations.
(B) No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the city may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Superintendent of Public Works and the IEPA.
(C) It shall be the duty of the Superintendent of Public Works to cause surveys and investigations to be made of commercial, industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be conducted and repeated as often as the Superintendent of Public Works shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years.
(D) The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of verifying the presence or absence of cross-connections, and that the Superintendent of Public Works or his or her authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand the owner, lessees or occupants of any property so served shall furnish to the Superintendent of Public Works any information which he or she may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Superintendent of Public Works, be deemed evidence of the presence of improper connections as provided in this ordinance.
(E) (1) The Superintendent of Public Works of the city is hereby authorized to terminate the water service to any property wherein any connection in violation of the provisions of this subchapter or any ordinance of the city is known to exist, and to take such other precautionary measures as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains.
(2) Unless there is an immediate threat to public health or the safety of the city’s water system, the Superintendent of Public Works or the Superintendent’s designee shall send the customer by certified mail or personal delivery a notice of the impending termination of water service. Such notice shall be sent not less than seven calendar days prior to the termination of service, and the notice shall be substantially in the following form:
The city intends to terminate water service to your premises at on or after (date) for the following reasons: . Following such termination, water service will not be resumed at your premises until any conditions giving rise to such termination have been cured, all penalties or fines have been paid, and a re-connection fee of $ is paid.
You have the right to meet with the City Manager or a person designated by the City Manager to discuss the reasons that your service is to be terminated. The official you meet with will have the power to order that your service be continued if you demonstrate that the city’s reasons for cutting off service are improper or inadequate. You may provide the official with any evidence you think is relevant.
To schedule a hearing, please call the City Clerk at 847-234-2600, or appear in person to schedule a hearing with the City Clerk at the City Hall, 220 East Deerpath, before the termination date noted above. For more information about the reasons your service is being cut off, you may wish to review the City Code. To review a copy of the City Code, please contact the City Clerk.
(3) If the customer makes a timely request to meet with the City Manager or the Manager’s designee, no action shall be taken on the pending termination of the customer’s water service until after the scheduled meeting between the customer and the Manager or the Manager’s designee. If the Manager or Manager’s designee determines that, based on the evidence presented by the customer, the basis for terminating the customer’s water service is improper or inadequate in light of the requirements of the city code, then the Manager or the Manager’s designee shall revoke the termination notice and so advise the Superintendent of Public Works. If the basis for the pending termination notice is justified, the Manager or Manager’s designee shall so inform the customer at the time of the hearing and:
(a) Advise the customer of the customer’s right to file for an appeal before the City Council, which appeal shall be delivered to the City Clerk in writing before the close of business on the business day following the meeting with the City Manager or the Manager’s designee; and
(b) Either:
1. If an appeal has been timely filed, notify the City Council, the Superintendent of Public Works and the customer of the date of the appeal before the City Council; or
2. If an appeal has not been timely filed, notify the Superintendent of Public Works to terminate the customer’s water service. In the event of an appeal, the appeal shall proceed before the City Council on the date prescribed. Such appeal shall be conducted in accordance with the general rules for appeal as established by the Council from time-to-time. The Council’s determination on the appeal shall be final, and the City Manager shall inform the customer and the Superintendent of Public Works in writing of the decision of the Council.
(4) If, after adequate notice of a meeting, the customer has not met with the Manager or the Manager’s designee or if, after the meeting (and any appeal as provided above), the Manager or the Manager’s designee directs the Superintendent of Public Works that water service should be terminated, the Superintendent shall order the termination of water service. Water service to the customer’s property shall not be restored until conditions have been eliminated or corrected in compliance with the provisions of this chapter, all penalties and fines have been paid, and until a reconnection fee is paid to the city. Such reconnection fee shall be set from time-to-time by the City Council.
(5) Immediate termination of water service can be effected with verbal notice when the Superintendent is assured that an imminent risk of harmful contamination of the public water supply exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Superintendent or the IEPA, such action is required to prevent a danger to public health or the city’s water system through an actual or potential contamination or pollution of the public water supply. Written notification shall follow such action within a reasonable time period. Any customer whose water service has been disconnected pursuant to this section shall, upon the filing of a written request with the City Clerk, have the opportunity to appeal such disconnection to the City Manager. If the City Manager finds that there were not adequate grounds for such disconnection, the customer’s water service shall be restored immediately without charge; otherwise, the customer’s water service shall not be restored until all violative conditions on the customer’s property have been corrected, all penalties and fines (if any) have been satisfied, and a reconnection fee has been paid.
(6) Neither the city, the Superintendent or their agents or assigns shall be liable to any customer for injury, damages or lost revenues that may result from termination of the customer’s water supply in accordance with the terms of this code, whether or not the termination was with or without notice.
(F) The consumer responsible for back siphon or back pressured material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall bear the cost of clean up of the potable water supply system.
(Prior Code, § 44-33) (Ord. 92-18, passed 5-4-1992; Ord. 02-03, passed 2-21-2002)