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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/her 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; Ord. SWO-2022-1, 2-8-2022)
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.
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.
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 fifty dollars ($50.00) per service.
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.
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.
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.
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; amd. Ord. SWO-99-4, 12-14-1999; Ord. SWO-2009-3, 5-4-2009; Ord. SWO-2011-3, 5-10-2011; Ord. SWO-2014-2, 3-11-2014; Ord. SWO-2022-1, 2-8-2022)
Notes
| 1 | 1. 225 ILCS 305/33 |
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.
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.
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 fifty dollars ($50.00) per service.
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.
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.
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.
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; amd. Ord. SWO-99-4, 12-14-1999; Ord. SWO-2009-3, 5-4-2009; Ord. SWO-2011-3, 5-10-2011; Ord. SWO-2014-2, 3-11-2014; Ord. SWO-2022-1, 2-8-2022)
Notes
| 1 | 1. 225 ILCS 305/33. |
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 their 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 their 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 their 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; amd. Ord. TO-2022-13, 9-13-2022)
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)
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 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; amd. Ord. TO-2022-13, 9-13-2022)
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