TITLE 5
WATER AND SEWER SYSTEM
CHAPTER 1
COMBINED SYSTEM USER REGULATIONS
SECTION:
5-1-1: Supervision And Control
5-1-2: Definitions
5-1-3: Office Of Superintendent
5-1-4: Applications For Service; Connection To System
5-1-5: General Regulations For The Combined System
5-1-6: Rules And Regulations
5-1-7: Power And Authority Of Inspectors
5-1-8: Enforcement Of Provisions
5-1-9: Nuisance Abatement Procedures
5-1-10: Accidental Discharges
5-1-11: Disconnection Of Utility Service
5-1-12: Physical Disconnection Of Utility Service Lines
5-1-13: Appeals
5-1-14: Liability To Town For Losses
5-1-15: Office Hours
5-1-16: Fiscal Year
5-1-17: Penalties
5-1-18: Unclaimed Deposits
5-1-1: SUPERVISION AND CONTROL:
   The board of town trustees shall have the supervision and control of and shall operate the combined waterworks and sewerage system of the town pursuant to the provisions of the bond ordinance duly adopted by the board of town auditors on October 18, 1952, this title and "an act in relation to waterworks systems, sewerage systems and combined waterworks and sewerage systems in townships having less than 500,000 population", 60 Illinois Compiled Statutes 65/1 et seq., all as may now or hereafter be amended. (Ord. SWO-89-1, 8-8-1989)
5-1-2: DEFINITIONS:
   When used in this title, the following words and terms shall have the meanings ascribed to them in this section:
   APPROVING AUTHORITY: The town of Leyden or its duly authorized agent or representative.
   BOD (Denoting Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty degrees Celsius (20°C), expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in "standard methods".
   BUILDING DRAIN: That part of the lowest horizontal 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.
   BUILDING SEWER: A sanitary sewer which begins immediately outside of the foundation wall of any building or structure being served and ends at its connection to the public sewer.
   CAPITAL IMPROVEMENT CHARGE: A charge levied on users, from time to time, for the purpose of meeting the costs of improving, extending or reconstructing any portion of the combined system.
   CATEGORY A: Those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than two hundred fifty (250) mg/l, suspended solids no greater than two hundred fifty (250) mg/l, and nitrogen no greater than sixteen (16) mg/l.
   CATEGORY B: Those sanitary sewer users who discharge wastewater with concentrations in excess of two hundred fifty (250) mg/l of BOD, two hundred fifty (250) mg/l suspended solids and sixteen (16) mg/l nitrogen. Users whose wastewater exceeds the concentration for any one of these parameters shall be in Category B.
   CHLORINE REQUIREMENT: The amount of chlorine in mg/l which must be added to sewage to produce a residual chlorine as specified in the national pollutant discharge elimination system (NPDES) permit.
   COLLECTOR or SUPERINTENDENT: The Collector of the combined waterworks and sewerage system of the Town of Leyden.
   COMBINED SEWER: A sewer intended to receive both wastewater and storm or surface water.
   COMBINED SYSTEM: The combined waterworks and sewerage system of the Town of Leyden, Cook County, Illinois.
   COMPATIBLE POLLUTANTS: BOD, suspended solids, phosphorus, nitrogen, pH or fecal coliform bacteria, plus additional pollutants identified in the Town's NPDES permit for its wastewater treatment facility; provided, that such facility is designed to treat such additional pollutants and, in fact, does remove such pollutants to a substantial degree.
   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 Town of Leyden representative to sample and/or measure discharges.
   EASEMENT: An acquired legal right for the specified use of land owned by others.
   FLOATABLE OIL: Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by means of treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
   GROUND GARBAGE: The residue from the preparation, cooking, dispensing, handling, storage and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers and that no particle shall be greater than one-half inch (1/2") in any dimension.
   INCOMPATIBLE POLLUTANTS: Wastewater with pollutants that will adversely affect the wastewater treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater treatment facilities.
   INDUSTRIAL WASTE: Any solid, liquid or gaseous substance discharged or escaping from any industrial, manufacturing or commercial establishment. "Industrial waste" includes any wastewater which is not sanitary sewage.
   LOCAL CAPITAL COST CHARGE: Charges for costs other than operation, maintenance and replacement costs, i.e., debt service and capital improvement costs.
   MWRD: The Metropolitan Water Reclamation District of Greater Chicago.
   NPDES PERMIT: The national pollutant discharge elimination system permit, a document issued by the State of Illinois which establishes effluent limitations and monitoring requirements for the municipal wastewater treatment facility.
   NATURAL OUTLET: Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or ground water.
   NITROGEN: Ammonia nitrogen.
   NORMAL DOMESTIC STRENGTH WASTEWATER: Wastewater with concentrations of BOD no greater than two hundred fifty (250) mg/l, suspended solids no greater than two hundred fifty (250) mg/l and nitrogen no greater than sixteen (16) mg/l.
   OPERATION AND MAINTENANCE COSTS: Shall include all costs associated with the operation and maintenance of the combined system, including its wastewater treatment facilities and water facilities and further including administrative and replacement costs, all as determined, from time to time, by the Town.
pH: The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven (7) and a hydrogen ion concentration of 10-7.
   PERSON: Any and all persons, including any individual, firm, company, Municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
   PHOSPHORUS: Total phosphorus and is expressed in mg/l of P (phosphorus).
   PIPE: Either sewer or water pipe, as the case may be, through which service of the combined system is furnished.
   PREMISES: Shall include any lot, or part thereof, any building, or part thereof, or any parcel or tract of land whatsoever.
   PRETREATMENT: The treatment of wastewaters from sources before introduction into the wastewater treatment facilities.
   PUBLIC SEWER: Any publicly owned sewer, storm drain, sanitary sewer or combined sewer.
   REPLACEMENT COSTS: Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the combined system, including its wastewater treatment facilities and water facilities, to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement costs.
   SANITARY SEWAGE: A combination of liquid- and water-carried wastes discharged from toilets and/or sanitary plumbing facilities.
   SANITARY SEWER: A sewer that carries sewage or wastewater.
   SEWER: A pipe or conduit that carries wastewater or drainage water.
   SEWER SERVICE CHARGE: A charge levied on users of the wastewater treatment facilities for payment of operation and maintenance expenses, debt service costs and other expenses or obligations related to said facilities.
   SEWERAGE: The system of sewers and appurtenances for the collection, transportation and pumping of sewage.
   SHALL/MAY: The use of the word "shall" indicates that which is mandatory; the use of the word "may" indicates that which is permissible.
   SLUG: Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, 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 and/or adversely affects the collection system and/or performance of the wastewater treatment facilities.
   STANDARD METHODS: The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
   STORM SEWER or STORM DRAIN: A drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.
   STORM WATER RUNOFF: That portion of the precipitation that is drained into the sewers.
   SUPERINTENDENT: The duly elected or appointed Supervisor of Leyden Township or his duly authorized representative.
   SURCHARGE: The assessment, in addition to the basic sewer user charge and debt service charge, which is levied on those users whose wastes are greater in strength than the concentration values established in subsection 5-4-2D of this Title.
   SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater", and referred to as nonfilterable residue.
   TOWN: The Town of Leyden, Cook County, Illinois.
   UNPOLLUTED WATER: Water quality equal to or better than the effluent of the wastewater treatment facilities 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.
   USEFUL LIFE: The estimated period during which any portion of the combined system will be operated.
   USER: Any person receiving both sewer and water service from the combined system.
   USER CHARGE: The combined system service charges, as defined in Section 5-4-1 of this Title.
   USER CLASS: One or more of the following types of users, as such type is defined herein:
      Commercial User: That type of user receiving service provided to all transient dwellings, such as hotels and motels, to retail or wholesale establishments and to any premises used for the purpose of selling merchandise or rendering service.
      Industrial User: Shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of any substance into another substance or product.
      Institutional/Governmental User: Shall include schools, churches, penal institutions and users which are units or agencies of Federal, State and local governments.
      Residential User: That type of user receiving service provided to any dwelling units, such as houses, mobile homes, apartments and permanent multi-family dwellings.
   WASTEWATER: The spent water of any person. From the standpoint of source, it may be a combination of the liquid- and water-carried wastes from residences, commercial buildings, industrial plants, institutions or any user class, together with any ground water, surface water and storm water that may be present.
   Effluent Criteria: Are defined in any applicable NPDES permit.
   Major Contributing Industry: An industrial users of the publicly owned treatment works that:
   A.   Has a flow of fifty thousand (50,000) gallons or more per average work day; or
   B.   Has a flow greater than ten percent (10%) of the flow carried by the municipal system receiving the waste; or
   C.   Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Federal Act; or
   D.   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 g of the constituent in one thousand ml 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.
   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 twenty five (25) pounds of BOD and thirty five (35) pounds of suspended solids.
   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.
   Water Quality Standards: Are defined in the Water Pollution Regulations of Illinois.
   WASTEWATER TREATMENT FACILITIES: That portion of the combined system consisting of the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes to transport effluent to a watercourse. "Wastewater facilities" shall include wastewater treatment works.
   WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for treating wastewater, industrial waste and sludge. "Wastewater treatment works" may also be referred to as wastewater plant, wastes treatment plant or pollution control plant.
   WATER FACILITIES: That portion of the combined system consisting of the structures, equipment and processes required to provide water service to all users and shall include all sources of water, filtration and pumping equipment and all water mains, pipes, service lines and meters.
   WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently.
   WATERWORKS AND SEWERAGE FUND: The principal accounting designation for all income and revenue derived from the operation of the combined system. (Ord. SW-O-89-1, 8-8-1989; amd. Ord. SWO-96-3, 11-4-1996)
5-1-3: OFFICE OF SUPERINTENDENT:
   A.   Office Created; Supervisor Serve As: There is hereby established the office of Superintendent, combined waterworks and sewerage system of the Town who shall be the Supervisor of the Town.
   B.   Surety Bond: The Superintendent shall post a separate corporate surety bond with the Board in the sum of twenty five thousand dollars ($25,000.00) conditioned upon faithful performance of his duties as custodian of all funds derived from the issuance and sale of bonds and of all income and revenue derived from the operation of the combined system.
   C.   Duties: The Superintendent shall:
      1.   Generally: Have general supervision of the combined system subject to the supervision and direction of the Board and shall bill and collect the charges for use thereof and shall duly disburse said monies and duly account therefor on a monthly, quarterly and fiscal yearly basis in the manner provided in the Bond Ordinance.
      2.   Supervise Combined System: Subject to the supervision and direction of the Board, have the general direction and control of the combined system and shall see that the object and purposes thereof are carried out, and that the combined system is conducted on an economical, businesslike basis, and for this purpose, it shall be the duty of the Superintendent and all of the officers, employees and servants of the combined system to enforce all the provisions of this Title and to observe, obey and carry out the orders and directions of the Board, and it shall be the further duty of the Superintendent to see that such orders and directions are faithfully observed, carried out and obeyed. The Superintendent shall, when requested by the Board, report upon the condition of the combined system and the affairs thereof, and all matters and things relating thereto.
      3.   Reports:
         a.   Monthly Reports: Each month, prepare or cause to be prepared, a full and complete report of all the claims, salaries and expenses incurred by the combined system in the discharge of its duties, which said report shall be signed by the Superintendent and submitted to the Board at regularly convened meetings. No money shall be paid out from funds of the combined system except upon an order signed by the Supervisor and Town Clerk and approved by the Board, and each such order shall specify the purpose for which it is to be paid, and there shall be endorsed thereon the name of the particular account out of which it is payable.
         b.   Quarterly Reports: Make quarterly written reports to the Board showing the amount of sewer and water bills issued to consumers, gross collections, cost of water and cost of distribution thereof, including all salaries, fees, maintenance charges and other expenses. (Ord. SW-O-89-1, 8-8-1989)
         c.   Annual Audit: Present to the Board on or before April 1 in each year, a complete and detailed written report of audit by public accountants of all transactions, revenues, cost of repairs, maintenance, condition and management of the combined system for the preceding fiscal year, including the following: (Ord. SW-O-89-1, 8-8-1989; amd. Ord. TO-94-7, 8-9-1994)
            (1)   A statement in detail of the income and expenditures of the combined system for such fiscal year.
            (2)   A balance sheet as of the end of such fiscal year.
            (3)   A list of all the insurance policies in force at the end of the fiscal year, setting out as to each policy the amount of the policy, the risks covered, the name of the insured and the expiration date of the policy.
            (4)   The number of properties connected with the combined system at the end of the fiscal year and the number of meters in operation.
            (5)   A statement showing the total number of gallons of water purchased and the total number of gallons of water sold to users during the year.
            (6)   An accountant's comment regarding the manner in which the combined system has carried out the requirements of this title and all ordinances governing the operation and control of the combined system, including, in particular, the requirements set forth in section 10 of the bond ordinance. (Ord. SW-O-89-1, 8-8-1989)
      4.   Annual Review Of Water And Sewer Charges: At least once a year, and no later than April 1 in each year, present to the board a written review of the water and sewer service charges. Based on this review, the superintendent shall recommend that the board revise the water and sewer service charge system, if necessary, to accomplish the following: (Ord. SW-O-89-1, 8-8-1989; amd. Ord. TO-94-7, 8-9-1994)
         a.   Maintain a proportionate distribution of operation and maintenance expenses among water users based on the volume of water used and the type of customer or nature of service provided;
         b.   Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users;
         c.   Generate sufficient revenues to pay the operation and maintenance expenses of the combined system and to meet all funding requirements of the bond ordinances; and
         d.   Apply revenues collected from a class of users to the operation and maintenance expenses attributable to that class of users for the year.
      5.   Annual Notification: Following the annual review of sewer and water charges, notify the users of the existing rates for sewer and water service. The notification shall show what portion of the rates is attributable to the operation and maintenance costs and debt service costs of the wastewater treatment facilities and the water facilities. The notification shall be made in conjunction with a regular bill for service.
      6.   Records Kept:
         a.   Records For Combined System: Keep, or cause to be kept, full and complete books of account, showing the exact condition of the financial affairs of the combined system and for such purpose, establish a complete and comprehensive system of bookkeeping, which system shall show how much water each piece of property consumes and the amount charged therefor and the charge made for the use and service of the sanitary sewer. The superintendent shall also cause to be made a complete and correct map or profile of all sewer and water mains now or hereafter laid, showing their locations, connections, valves, hydrants, shutoff, etc., and all such books of accounts, maps and profiles shall be open at all times for the inspection of the members of the board. It shall be the duty of the superintendent, at the time each connection to the combined system is made, as herein provided, to enter into a book provided for that purpose a record of such connection showing the size of the connection, the size of the water meter and the amount of each and all fees and charges collected.
         b.   Records For Sewer System: Maintain records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs and other information which is necessary to document compliance with 40 CFR 35, subparagraph E of the clean water act. The Illinois environmental protection agency or its authorized representative shall have access to any books, documents, papers and records of the town which are applicable to the town system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of the special and general conditions to any state grant, federal regulations and conditions of any federal grant.
      7.   Form Of Bills: Subject to the approval of the board of town trustees, prepare suitable forms for combined sewer and water bills and containing such information concerning the rules, regulations, ordinances and sewer and water rates pertaining to the combined system as required by this title and as he may otherwise deem advisable.
      8.   Billings And Collections: Prepare and send out bills to all users of the combined system and collect the same as often as they shall become due. He shall collect all monies due the combined system for tapping the sewer and water mains thereof and shall keep a just and true account of all of his collections in books kept for that purpose, which books shall be open at all times to any member of the board of town trustees or committee thereof. He shall keep a true record of all approved connections made to the combined systems and of all fees received by him therefor.
      9.   Employees: Submit to the board of town trustees his recommendations as to the employees necessary to be employed in and about the combined system, and the board of town trustees shall then provide such employees as it shall deem necessary at a compensation to be fixed by the said board. (Ord. SWO-89-1, 8-8-1989)
5-1-4: APPLICATIONS FOR SERVICE; CONNECTION TO SYSTEM:
   A.   Form And Contents Of Application: Applications for service shall be in written form as prescribed by the superintendent and shall include, but shall not be limited to, the following: 1) the name and address of the person for whom the service is desired; 2) the legal description and street address of the premises where the service is to be furnished; 3) the acknowledgment of responsibility for all charges assessed for service furnished as result of such application; 4) the kind of connection sought, the purpose for which water is to be used, whether anything other than normal domestic wastewater is to be discharged and all plumbing work necessary to connect to the combined system; 5) an acknowledgment of the content of and a consent to be bound by the provisions of this title and amendments thereto, duly signed and witnessed, by the person responsible for charges for service. (Ord. SWO-89-1, 8-8-1989)
   B.   Purchase And Sale Of Real Property: In addition to all other requirements in this section, the following regulations shall apply whenever ownership or control of real property served by the combined system is sold or transferred:
      1.   As a condition precedent to receiving or continuing to receive utility service from the combined system, any person that purchases real estate served by the combined system is obligated to: a) provide proof of ownership; b) submit an application for service as provided herein; c) submit a security deposit (in the case of commercial, multi-family and rental properties) to ensure that future charges for sewer and water service provided to the premises shall be promptly paid; d) enter into a service contract as provided herein; e) satisfy any unpaid charges, liens, fees, or costs due from the seller or the real estate for services provided to premises; f) pay the connection or reconnection fee due for premises; and g) such other information as may be required to demonstrate compliance with the requirements of this title. (Ord. SWO-99-4, 12-14-1999)
      2.   As a condition precedent to the release of any charges, liens, fees or costs for services provided to the seller or seller's real estate, any person that sells real estate served by the combined system is obligated to: a) give the superintendent notice not less than five (5) business days prior to the date on which the sale or transfer of the premises is to be closed requesting a final meter reading, and the issuance of a final bill for any unpaid charges, liens, fees, or costs due for services provided to the seller or the premises; b) make an appointment for a final meter reading and to provide access to the premises as necessary for the superintendent to cause such meter or meters to be read; c) provide the name and address of the purchaser or transferee, the legal description and common address of the premises, and the date on which the sale or transfer of the premises is to be sold; d) pay in good funds any unpaid charges, liens, fees, or costs due from the seller or the real estate for services provided to premises; e) provide such other information as may be required to demonstrate compliance with the requirements of this title. Payoff statements will be provided upon request. In the event that the township is given notice of the final read request less than forty eight (48) hours before the closing, a one hundred dollar ($100.00) convenience fee shall be added to the final bill. (Ord. SWO-2014-2, 3-11-2014)
      3.   In the event that ownership or control of property served by the combined system is transferred without complying with the requirements of this section, sewer and water utility service to the premises shall be discontinued until the owner has fully complied with this section. Once utility service has been discontinued, service shall not be reconnected until a reconnection fee has been paid. (Ord. SWO-99-4, 12-14-1999)
      4.   Upon complying with the requirements of this section for reinstating sewer and water utility service to the owner's premises, the owner shall make an appointment for reinstating utility service. The charge for reinstating sewer and water utility service shall be seventy five dollars ($75.00) per service. (Ord. SWO-2009-3, 5-4-2009)
      5.   An owner of any premises which receives the benefit of utility service from the combined system shall remain responsible for the payment of any and all charges for utility services provided to a lessee, tenant or occupant of the owner's premises. Landlords shall be required to establish and maintain a security deposit for the leased premises to secure full and timely payment of the customer account if an account is held in the name of a tenant. (Ord. SWO-99-4, 12-14-1999)
   C.   Engineering Specifications: Any connections to the combined system shall be made in accordance with the recommendations of the town engineer, the requirements of this code, the Illinois plumbing code 1 and all other applicable governmental rules, regulations or permits. When required by the superintendent, the applicant shall submit engineering drawings and specifications for review by the town engineer.
   D.   Service Contract: No connection shall be made to the combined system until the applicant has executed a written agreement with the town containing the terms and conditions for supplying utility service to the applicant's premises. Said terms and conditions are in addition to and supplement the requirements of the ordinances, rules and regulations of the town as now or hereafter amended. (Ord. SWO-89-1, 8-8-1989)
   E.   Security Deposit And Connection Fees: Applicable connection fees shall be paid prior to execution of a utility service contract. An additional sum shall be paid to the superintendent at that time to guarantee that the connection is made in a good and workmanlike manner and to guarantee the restoration of any public property damaged during the course of constructing the connection. The security deposit shall be the greater of: 1) the amount of the applicable connection fee; or 2) the amount determined by the superintendent as reasonably required to correct defects in materials and workmanship and to repair damage to public property if the applicant fails to perform the connection and restoration work correctly. If the superintendent is satisfied that any defects in materials or workmanship have been corrected and that public property damaged directly or indirectly as a result of such work has been properly restored, the security deposit, or such part thereof which has not been used to restore damaged public work or to cure defects in materials or workmanship, shall be refunded, without interest, to the applicant.
   F.   Bond: No connection shall be made to the combined system unless the person applying therefor shall have on file in the office of the superintendent satisfactory proof of the plumbing contractor's surety bond in the amount required under the Illinois plumbing code. (Ord. SWO-2011-3, 5-10-2011)
   G.   Connection To Combined System: When the applicant hereunder has complied with all of the provisions of this title, the applicant's premises may be connected to the combined system in accordance with the requirements of this title and a duly executed utility service contract. Connection shall be made by an Illinois licensed plumber to the roundway, buffalo box or water stub and to the public sanitary sewer by means of a building sewer.
   H.   Penalty: Any person who shall install any sewer and water service pipes or do any work in connection therewith, except for minor repairs, without having first complied with the provisions of this section shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). (Ord. SWO-89-1, 8-8-1989)
5-1-5: GENERAL REGULATIONS FOR THE COMBINED SYSTEM:
   A.   Combined Service Only: Only combined sewer and water service shall be provided by the combined system. No separate water service or separate sewer service shall be provided to any user, except as approved by resolution or ordinance of the town board. Combined sewer and water service shall be exclusive of taking separate water service or separate sewer service provided by any other utility system or source, unless taking such separate service is approved by resolution or ordinance of the town board. (Ord. SWO-2012-1, 2-14-2012)
   B.   Application For Use Of Water: No person, other than an employee of the combined system acting in the discharge of his duties, shall open or take water from any fire hydrant, plug, valve, faucet, pipe or other opening connected with the combined system for any purpose unless such person shall have first made application to and received permission from the superintendent for use of such water for a specified purpose.
   C.   Extension Of Mains: The town board of trustees may extend water and sewer mains where the owner of the property, or the persons desiring such extension, shall advance and pay to the town a sum of money equal to the entire cost of the main extension. Alternatively, the town board may require the persons desiring such extension to construct such extension under the supervision of the town engineer.
   D.   Responsibility For Cost Of Installing Or Disconnecting Service: The cost of installing or disconnecting service to the combined system shall be borne by the person for whose premises such services has been installed or disconnected.
   E.   Repair Of Meters And Pipes: Every person using service of the combined system shall, at his own cost, keep in repair all water meters and pipes, including building sewers and private water supply pipes leading from the shutoff rod box to his premises, and shall prevent all waste from such water meters or pipes. If any such water meter or pipe is permitted to remain out of repair, the superintendent may, after a two (2) day prior notice in writing, cut off the service to the premises. Said notice may be served by personal service or by certified mail to the owner or occupant in possession, charge or control of the premises. Any service cut off pursuant to this subsection shall not be restored until the superintendent determines that the water meters or pipes have been properly repaired.
   F.   Obstruction Of Access To Water Meter: No person shall, in any manner, obstruct, cause or permit to be obstructed, access to any stopcock, water meter, proportional, indicating or recording device, shutoff rod box or connection with any water main or service pipe by any means shift or device whatever. In the event that the owner or person in possession, charge or control of such premises, after proper notification, shall fail to remove any such obstruction, the superintendent may withhold service to such premises until the obstruction is removed.
   G.   Injury To Or Obstructing Hydrants: No person shall wilfully or carelessly break or injure any public hydrant or pollute or unnecessarily waste the water at any such hydrant or obstruct the use of any fire hydrant or place any material in front thereof or within five feet (5') from either side thereof.
   H.   Authority To Enter Premises: The filing of an application for use and service of the combined system shall constitute the user's express grant of a license to the superintendent, or any other persons designated in section 5-1-7 of this chapter, to enter the user's premises for any purpose authorized by said section 5-1-7 of this chapter.
   I.   Nonliability Of Town: All service applied for hereunder shall be upon the express condition that the town shall not be subject to nor liable for any claim for damages caused by reason of any interruption of the supply or use thereof by reason of breakage, stoppage, alterations or extensions thereto.
   J.   Contract To Extend Or Receive Service: The town board may contract to extend and provide waterworks or sewage service to any city or village within the township. The town board may contract for a supply of water from any city or village operating a waterworks system.
   K.   Compliance With Provisions; Interpretation:
      1.   The filing of an application for use and service of the combined system, or the receipt of the use and service of the combined system in the absence of such application, shall constitute the user's agreement to abide by and conform to all of the ordinances, rules and regulations of the town as now or hereafter amended.
      2.   All persons receiving the benefit of utility service from the combined system, including, but not limited to, property owners, beneficial owners, lessees and their agents, employees and contractors, are required to comply with all applicable statutes, rules, regulations and permits of any other governmental body or agency having jurisdiction over the delivery, receipt, use or discharge of water from the combined system. In the event of any conflict between the requirements of this title and the requirements of such governmental bodies or agencies, the more stringent requirements shall control. (Ord. SW-O-89-1, 8-8-1989)
   L.   Compliance With Occupancy Requirements: Sewer and water service from the combined system shall not be provided to any person, user or customer premises when the premises has been declared uninhabitable or unfit for human occupancy, or has not been approved for use and occupancy, under the zoning and building ordinances, codes, rules and regulations of the governmental entity or entities having zoning and/or building jurisdiction of such premises. Every person using or occupying premises that receives the use and benefit of sewer and water service from the combined system has the duty and shall be responsible for compliance with all applicable zoning and building ordinances, codes, rules and regulations applicable to the use and occupancy of such premises. Any premises used or occupied in violation of the applicable zoning and building ordinances, codes, rules and regulations governing the use and occupancy of such premises shall be subject to the termination of sewer and water service to such premises in accordance with the procedures provided in section 5-1-11 of this chapter. (Ord. SWO-2002-5, 6-11-2002)
5-1-6: RULES AND REGULATIONS:
   The superintendent may promulgate rules and regulations in accordance with the terms of this title covering the use of the combined system, including, but not limited to, the form and content of applications for service, tapping regulations, the place, time, location, size and other conditions governing water pipe, sewer pipe and meter installations, connections thereto and use thereof, as well as restrictions and prohibitions on the use thereof. (Ord. SW-O-89-1, 8-8-1989)
5-1-7: POWER AND AUTHORITY OF INSPECTORS:
   A.   The superintendent and other duly authorized employees of the town, the Illinois environmental protection agency and the U.S. environmental protection agency, bearing proper credentials and identification, shall be permitted to enter all properties receiving utility services from the combined system for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this title.
   The superintendent or his representative 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 kind and source of discharge to the sewers or waterway or facilities for waste treatment.
   B.   While performing the necessary work on private properties referred to in subsection A of this section, the superintendent or duly authorized employees of the town, the Illinois environmental protection agency and the U.S. environmental protection agency shall observe all safety rules applicable to the premises established by the owner or occupant, the owner or occupant shall be held harmless for injury or death to the town employees, and the town shall indemnify the owner or occupant against liability, claims and demands for personal injury or property damage asserted against the owner or occupant and growing out of the inspection, observation, measurement, sampling or testing operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe and proper conditions as required by this title or any applicable federal, state or local statutes, ordinances, rules and regulations.
   C.   The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter onto all easements which the town holds for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage or waterworks lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved. (Ord. SW-O-89-1, 8-8-1989)
5-1-8: ENFORCEMENT OF PROVISIONS:
   The superintendent, or any employee he may direct, shall enforce the provisions of this title and for that purpose, shall qualify as a special police officer. (Ord. SW-O-89-1, 8-8-1989)
5-1-9: NUISANCE ABATEMENT PROCEDURES:
   A.   No Immediate Danger: If it is determined by the superintendent that a public nuisance has been created or is being maintained by violation of this title, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety or welfare, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, within the period of time stated in said notice, abate the nuisance and permanently cease all violations. The town may terminate utility service as a result of any violation of any provision of this title.
   B.   Summary Abatement Upon Immediate Danger: If it is determined by the superintendent that a public nuisance caused by the violation of this title exists, and that there is great and immediate danger to the public health, safety or welfare, the town may cause the same to immediately be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. Written notice identifying the nature of the violation shall be served upon the person causing or maintaining the nuisance as soon as may be practicable. (Ord. SW-O-89-1, 8-8-1989)
5-1-10: ACCIDENTAL DISCHARGES:
   Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater treatment facility and/or receiving body of water shall, in addition to a fine, pay an amount to cover any damages, both values to be established by the town. (Ord. SW-O-89-1, 8-8-1989)
5-1-11: DISCONNECTION OF UTILITY SERVICE:
   Sewer and water utility service to a user of the combined system shall be disconnected for cause in accordance with the following procedures if all charges on a monthly sewer and water bill, including, but not limited to, water and sewer charges, charges for waste collection and disposal services, charges for waste nuisance abatement set forth in section 3-4-11 of this code, and any applicable penalties are not paid within the time periods set forth in section 5-4-4 of this title and section 3-4-11 of this code, respectively, or if the user has violated this title or any of the rules and regulations established by the superintendent pursuant to section 5-1-6 of this chapter. (Ord. SWO-2001-2, 9-18-2001)
   A.   Pretermination Notice: Written notice of the town's intention to discontinue utility service to the user's premises shall be served upon the user of the premises, and any interested persons who have requested notice as provided herein, not less than five (5) working days prior to any disconnection of sewer and water service to the premises.
      1.   Notice To User: For purposes of this section, service of written notice shall be deemed adequate as to any person having an ownership, leasehold or occupancy interest in premises connected to the sewer and water system if served as provided herein upon the person identified on the township's account records as the current user responsible for paying the charges for sewer and water service to the premises.
      2.   Notice To Other Interested Persons: Any person having an ownership, leasehold or occupancy interest in premises served by the combined system, but who is not the user identified on the township's current account records, will be served with notice as provided in this subsection A if such person or persons have filed a written request with the Township for service of any pre- termination notices affecting identified premises in which they have such an interest. Such requests shall be on a form to be provided by the Township and shall state the name, address and telephone number of the interested person and the nature of his, her or its interest in the premises. It is the responsibility of any such person to notify the Township of any change in this information and to provide any further information reasonably required by the Superintendent.
   B.   Service Of Pre-Termination Notice: The notice provided for in subsection A above may be served in one or more of the following ways:
      1.   Personal Service: Notice may be served by personal delivery to the user, by personal delivery to an occupant of the user's premises who is not less than thirteen (13) years of age, or by personal delivery to an employee or agent in the case of a business, firm, corporation or other entity.
      2.   Mailed Notice: Notice may be served by certified mail, return receipt requested, addressed to the user at the address currently listed in the Township's account records for the premises.
      3.   Posted Notice: Notice may be served by posting in a conspicuous location on the premises to be disconnected from utility service.
      4.   Interested Persons: Notice may be served upon an interested person who has requested service of pre-termination notices as provided in subsection B2 hereof in the same manner as authorized for service on a user.
   C.   Contents Of Notice: Pre-termination notices shall contain the following information:
      1.   The name of the person (the user) responsible for paying the cost of water and sewer service to the premises as shown on the current account records of the Township.
      2.   The street address of the premises to be disconnected from sewer and water service. In the absence of a street address, the notice shall contain a description reasonably identifying the premises to be disconnected.
      3.   The date of the notice.
      4.   If applicable, the amount to be paid on the delinquent sewer and water account to bring it current.
      5.   If applicable, the Township Code section or regulation which has been violated.
      6.   The date when sewer and water service is to be disconnected if the delinquent balance due on the account is not first paid, or the violation is not first corrected.
      7.   The procedures available for disputing the delinquency or violation, including the name, title, address and phone number of the person to contact for an informal resolution of the matter, or to request that an informal hearing be scheduled.
   D.   Informal Resolution: A user or interested party having a complaint, question or other problem concerning a disconnection notice may schedule a personal meeting with an authorized representative of the combined system to seek an informal resolution of the problem stated in the disconnection notice. The authorized representative may do one or more of the following to resolve the matter:
      1.   Investigation: Conduct an investigation, including, but not limited to, a meter check of the subject premises, a check of billings for possible errors in computation of the disputed bill, or a check of the premises for leaks or illegal connections.
      2.   Credit Plans: In cases of financial hardship, establish terms and conditions for an agreed written credit plan in accordance with rules and regulations established by the Superintendent.
      3.   Account Adjustments: If the amount charged to an account is in error, adjust the user's bill accordingly, subject to approval of the Superintendent and the requirements of subsection 5-4-3G of this Title.
      4.   Agreements To Remedy Violations: In cases of a violation of this Title or of the Superintendent's rules and regulations hereunder, establish terms and conditions for an agreed compliance schedule, subject to approval by the Superintendent.
      5.   Disconnect For Delinquent Accounts: If there is no merit as to a dispute concerning the amount charged to an account, sustain the decision to disconnect sewer and water utility service to the premises and establish a date when service will be disconnected which shall be not less than five (5) working days after the decision has been sustained.
      6.   Disconnect For Violations: If there is no merit as to a dispute concerning a violation of this Title or of the rules and regulations promulgated hereunder, sustain the decision to disconnect sewer and water service to the premises, and establish a date when service will be disconnected which shall be not less than five (5) working days after the decision has been sustained.
   E.   Disconnection Hearing: A user or interested party who is not satisfied with the authorized representative's decision pursuant to subsection D above, or who elects to bypass that procedure, may request an informal hearing to dispute the delinquent balance or violation stated in the disconnection notice. All requests for a hearing shall be submitted in writing on forms supplied by the Township for that purpose. If requested, the Superintendent, or his authorized hearing officer, shall conduct an informal hearing to determine whether cause exists to disconnect or reconnect sewer and water service to the user's premises as provided below:
      1.   Notice Of Informal Hearing: The user or other interested person shall be notified of the date, time and place where the disconnection hearing will be held.
      2.   Continuances: A disconnection hearing may be rescheduled for good cause shown; however, not more than one continuance shall be allowed absent extraordinary circumstances.
      3.   Opportunity To Be Heard: Both the user and the combined system shall have the right to be represented by counsel, to present evidence in their behalf and to examine evidence presented by the other party concerning the violation and/or delinquent charges described in the disconnection notice. The strict rules of evidence shall not apply to such hearings.
      4.   Decision: The Superintendent or his authorized hearing officer shall decide, based on the preponderance of the evidence presented at the hearing, whether sewer and water service to the premises should be disconnected for failure to pay charges due for sewer and water service to the premises, or for a violation, or failure to abate a violation, of this Title. The Superintendent or his authorized hearing officer may also approve a credit plan or compliance schedule to resolve the dispute.
   F.   Delaying Disconnection: Disconnection of sewer and water utility service shall be stayed pending completion of the procedures provided in subsections 5-1-11D and E hereof, but only if such procedures have been commenced in a timely manner.
   G.   Notice Of Decision:
      1.   Any user or interested party who has requested the initiation of the procedures provided in subsections 5-1-11D and/or E hereof, and who participated in such proceedings personally or by a representative, shall be given written notice of the resulting decision by first class U.S. mail, postage prepaid.
      2.   Unless continued connection of the premises may reasonably cause an actual or imminent threat to public health, safety or welfare, sewer and water service shall not be disconnected less than five (5) working days after mailing of the notice of decision.
   H.   Reinstatement Of Service: Once disconnected, sewer and water utility service shall only be reinstated under the following circumstances:
      1.   Payment of the outstanding account balance, including applicable penalties and interest.
      2.   Remediation of any violations of this Title or of the Superintendent's rules and regulations hereunder.
      3.   A written agreement, satisfactory to the Superintendent, to pay the outstanding account balance or to remedy a violation.
      4.   An order from a court of competent jurisdiction requiring service to be reinstated.
      5.   Failure of the combined system to give a required pre-termination notice as provided herein.
      6.   Other good cause, as determined in the sole discretion of the Superintendent.
   I.   Responsibility Of Owners: In all cases, the owner of premises served by the combined system shall be liable for all charges for each sewer and water service account to the premises. In those cases where the owner is not also the user, the owner shall be jointly and severally liable for all charges for each sewer and water service account to the premises.
   J.   Interference With Disconnections: It shall be a violation of this title for any person to interfere with, hinder or otherwise prevent the superintendent, his employees or agents from discontinuing sewer and water service to any property in the township. Any person violating this provision shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense.
   K.   Emergency Disconnections: If, in accordance with subsection 5-1-9B of this chapter, the superintendent causes sewer and water utility service to be discontinued to any premises, the superintendent shall cause written notice of the disconnection to be served upon the user and any interested persons as soon thereafter as practicable. Such notice shall contain the following information:
      1.   The name of the person responsible for paying the cost of sewer and water service to the premises as shown on current account records of the township.
      2.   The street address of the premises at which the violation occurred and which has been disconnected from sewer and water service. In the absence of a street address, the notice shall contain a description reasonably identifying the premises.
      3.   The violation or conditions that resulted in sewer and water service being disconnected.
      4.   The date, time and place of where the superintendent or his authorized hearing officer shall conduct a hearing to determine whether sewer and water service to the premises should be reinstated or remain discontinued. (Ord. TO-94-3, 3-8-1994)
5-1-12: PHYSICAL DISCONNECTION OF UTILITY SERVICE LINES:
   A.   Permit Required: It is unlawful for any person to physically alter, tamper or disconnect the water service line or the lateral sanitary sewer service line connecting any premises or building to the combined system without a permit issued by the superintendent.
   B.   Engineering Specifications: Any disconnection of a water service line or a lateral sanitary sewer service line shall be made at the property line and in accordance with the recommendations of the township engineer, the requirements of this code and the Illinois plumbing code, and all other applicable governmental statistics, rules and regulations. When required by the township engineer, the permit applicant shall submit engineering drawings and specifications to the township engineer. All disconnections shall be subject to approval by the township board of trustees. (Ord. SWO-2008-3, 2-22-2008)
   C.   Performance Guarantee: No permit shall be issued for the disconnection of utility service lines unless the person applying therefor shall post a cash performance guarantee with the superintendent, the refund of which shall be conditional upon applicant's obligation to fully and properly perform the disconnection of the utility service lines in accordance with the requirements of this section and the conditions of the permit issued by the superintendent; to fully and properly restore all excavations made by the applicant, and restore all streets, sidewalks, sewers, mains, pipes, valves, vaults and other facilities that may be damaged, destroyed or disrupted as a result of the performance of such work; and to satisfy any fines imposed upon the applicant for violation of any permit, ordinance or regulations adopted by the township. The performance guarantee deposit shall be in greater of the following amounts, as applicable:
      1.   Six thousand dollars ($6,000.00) if any street opening or other excavation is required;
      2.   Four thousand dollars ($4,000.00) if the service to be disconnected is two inches (2") in diameter or greater;
      3.   Two thousand dollars ($2,000.00) for all other service disconnections; or
      4.   One hundred fifteen percent (115%) of the township engineer's estimated cost of repairing and restoring a service line, any excavation, and any public facilities to be damaged, destroyed or disrupted by the proposed work. (Ord. SWO-2014-4, 3-11-2014)
   D.   Permit Fee: The fee for a permit under this section to disconnect sewer and water service lines is two hundred dollars ($200.00).
   E.   Penalty: Any person who violates this section shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed on each day that an offense exists or continues. (Ord. SWO-2008-3, 2-22-2008)
5-1-13: APPEALS:
   A.   Reconsideration Of Decisions By Superintendent: Any user, permit applicant or permit holder affected by any decision, action or determination made by the superintendent interpreting or implementing the provisions of this title or in any permit issued herein may file with the superintendent a written request for reconsideration within ten (10) days of the date of such decision, action or determination, setting forth, in detail, the facts supporting the user's request for reconsideration. The superintendent shall render a decision on the request for reconsideration to the user, permit applicant or permit holder, in writing, within fifteen (15) days of receipt of request.
   B.   Appeal To Board Of Town Trustees: If the superintendent's ruling on the request for reconsideration is unsatisfactory, the person who requested the reconsideration may, within ten (10) days after notification of the action, file a written appeal with the board. A fee of fifty dollars ($50.00) shall accompany any appeal to the board for its ruling. This fee may be refunded if the appeal is sustained in favor of the appellant. The written appeal shall be heard by the board within thirty (30) days from the date of filing. The board shall make a final ruling on the appeal within twenty one (21) days from the date of the hearing.
   C.   Disconnection Procedures: This section shall not be applicable to procedures for the disconnection of utility service provided for in section 5-1-11 of this chapter. (Ord. TO-94-3, 3-8-1994; amd. Ord. SWO-2008-3, 2-22-2008)
5-1-14: LIABILITY TO TOWN FOR LOSSES:
   Any person violating any provisions of this title shall, in addition to any penalty or fine which may be assessed against him, become liable to the town for any expense, loss or damage occasioned by reason of such violation which the town may suffer as a result thereof. (Ord. SWO-89-1, 8-8-1989; amd. Ord. SWO-2008-3, 2-22-2008)
5-1-15: OFFICE HOURS:
   The office of the combined system shall be open to the public from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. daily, Monday through Friday. The office shall be closed on Saturdays, Sundays and all legal holidays. (Ord. SWO-2009-3, 5-4-2009)
5-1-16: FISCAL YEAR:
   The fiscal year for the town's combined waterworks and sewerage system shall begin on April 1 of each year and end on March 31 of the following year. Said fiscal year shall take effect as of April 1, 1995.
   The town board shall prepare and approve the budget and appropriation ordinance in accordance with the township waterworks act. (Ord. TO-94-7, 8-9-1994; amd. Ord. SWO-2008-3, 2-22-2008)
5-1-17: PENALTIES:
   Any person who shall violate any of the provisions of this title shall be subject to a fine of not less than thirty five dollars ($35.00) nor more than five hundred dollars ($500.00) for each offense, the termination of water service to the premises, the forfeiture of any charges paid or the imposition of any other penalty which may be imposed by this title or any other applicable ordinance. In all cases where the same offense is made punishable or is created by different provisions of this title, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that termination of water service shall not be considered a recovery or penalty so as to bar any other penalty being enforced. A separate offense shall be deemed committed upon each day any duty prescribed or obligation imposed herein remains unperformed and upon each day any action forbidden or declared to be unlawful herein continues or is allowed to continue. (Ord. SWO-2014-8, 12-2-2014)
5-1-18: UNCLAIMED DEPOSITS:
   A.   Tapping And Connection Fee Deposits: Any refundable tapping or connection fee deposit required under the provisions of this title which is not refunded within six (6) months after expiration of the permit authorizing the tap-in or connection, or within six (6) months after completion of the permitted tap-in or connection work, shall be forfeited to and retained by the sewer and water fund.
   B.   Customer Security Deposits: Any monies deposited by a customer as security for the prompt and proper payment of amounts billed to the customer by the combined system shall be forfeited to and retained by the sewer and water fund if the customer has not requested a refund of the deposit within six (6) months after the customer's account has been closed, or has vacated the customer premises without closing the customer's account; provided, however, that such security deposit shall first be applied to reduce any amounts due or owing by the customer to the township. (Ord. TO-2012-4, 3-13-2012)

 

Notes

1
1. 225 ILCS 305/33.