8-2-8: WASTEWATER SERVICE CHARGES, BILLING AND ADMINISTRATION:
   A.   Basis For Wastewater Service Charges: The wastewater service charge for the use of and for service supplied by the wastewater facilities of the Village shall consist of a basic user charge for operation and maintenance plus replacement; and, if applicable, a debt service charge and/or a surcharge.
      1.   The debt service charge shall be computed by dividing the annual debt service of all outstanding revenue bonds by the number of users. Through further divisions, the monthly debt service charge can be computed.
      2.   The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes having the following normal concentrations:
         a.   A five (5) day, twenty degree centigrade (20°C) biochemical oxygen demand (BOD) of two hundred milligrams per liter (200 mg/l); and
         b.   A suspended solids (SS) content of two hundred forty milligrams per liter (240 mg/l).
         c.   It shall consist of operation and maintenance costs plus replacement and shall be computed as follows:
            (1)   Estimate the projected annual revenue required to operate and maintain the wastewater facilities including a replacement fund for the next fiscal year, for all works categories.
            (2)   Proportion the estimated costs to wastewater facility categories by volume, suspended solids and BOD.
            (3)   Estimate wastewater volume, pounds of BOD5 and pounds of SS to be treated.
            (4)   Compute unit treatment costs for volume (dollars per 1,000 cubic feet) for BOD5 (dollars per pound) and for SS (dollars per pound).
            (5)   Compute costs per one thousand (1,000) cubic feet for volume, BOD5 and SS at normal sewage strength. Add these costs to determine the charge for operation and maintenance including replacement.
            (6)   Adjust the unit treatment rate per one thousand (1,000) cubic feet to the actual billings ratio to provide adequate income to operate the system.
      3.   A surcharge will be levied to all users whose wastewater exceeds the normal concentrations for BOD (200 milligrams per liter) and SS (240 milligrams per liter). The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the two hundred milligrams per liter (200 mg/l) and two hundred forty milligrams per liter (240 mg/l) concentration for BOD and SS respectively. Subsection F of this section specifies the procedure to compute a surcharge.
The adequacy of the wastewater service charge shall be reviewed annually by certified public accountants for the Village in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in debt service or a change in operation and maintenance costs including replacement costs.
   B.   Measurement Of Flow: The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increments of ten (10) cubic feet. (1979 Code § 7-5-8)
      1.   If the person discharging wastes into the public sewers procures any part, or all, of his water from sources other than the public waterworks system, all or a part of which is discharged into the public sewers, the person may be required by the Committee on Water and Sanitary Sewers to install and maintain, at his expense, water meters of a type approved by the Committee on Water and Sanitary Sewers for the purpose of determining the volume of water obtained from these other sources.
      2.   Devices for measuring the volume of waste discharged may be required by the Committee on Water and Sanitary Sewers if these volumes cannot otherwise be determined from the metered water consumption record.
      3.   Meter devices for determining the volume of waste shall be installed, owned, and maintained by the person. The period between meter calibration shall not exceed two (2) years. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the Committee on Water and Sanitary Sewers. (1979 Code § 7-5-8; amd. 2017 Code)
   C.   Debt Service Charge: Effective May 1, 2015, each user shall be assessed a monthly debt service charge which shall be equal to one hundred fifty four percent (154%) of the basic user rate charged to such user for the same month. The Village shall review the debt service charge annually in accordance with subsection A1 of this section and modify or eliminate the debt service charge as Village obligations, in respect of the wastewater facilities, are satisfied or retired. (Ord. 04-02-15, 4-14-2015)
   D.   Basic User Rates: There shall be and there are hereby established monthly rates and charges for the use of and the service supplied by the wastewater facilities of the Village, such rates and charges hereby established being as follows:
      1.   Metered Water And Sewerage Consumer: Based upon the amount of water meter readings, the basic user rates shall be as follows: forty one dollars thirty three cents ($41.33) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be fourteen dollars forty seven cents ($14.47) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         a.   Effective June 1, 2010, the basic user rates shall be increased to forty five dollars sixty seven cents ($45.67) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be fifteen dollars ninety eight cents ($15.98) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         b.   Effective September 1, 2010, the basic user rates shall be increased to fifty dollars one cent ($50.01) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be seventeen dollars fifty cents ($17.50) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         c.   Effective December 1, 2010, the basic user rates shall be increased to fifty four dollars thirty five cents ($54.35) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be nineteen dollars two cents ($19.02) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         d.   Effective March 1, 2011, the basic user rates shall be increased to fifty eight dollars sixty nine cents ($58.69) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty dollars fifty four cents ($20.54) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         e.   Effective June 1, 2011, the basic user rates shall be increased to sixty three dollars three cents ($63.03) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty two dollars six cents ($22.06) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         f.   Effective September 1, 2011, the basic user rates shall be increased to sixty seven dollars thirty seven cents ($67.37) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty three dollars fifty eight cents ($23.58) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         g.   Effective December 1, 2011, the basic user rates shall be increased to seventy one dollars seventy one cents ($71.71) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty five dollars ten cents ($25.10) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         h.   Effective March 1, 2012, the basic user rates shall be increased to seventy six dollars five cents ($76.05) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty six dollars sixty two cents ($26.62) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         i.   Effective June 1, 2012, the basic user rates shall be increased to eighty dollars thirty nine cents ($80.39) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty eight dollars fourteen cents ($28.14) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         j.   Effective September 1, 2012, the basic user rates shall be increased to eighty four dollars seventy three cents ($84.73) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be twenty nine dollars sixty five cents ($29.65) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         k.   Effective December 1, 2012, the basic user rates shall be increased to eighty nine dollars seven cents ($89.07) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be thirty one dollars seventeen cents ($31.17) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
         l.   Effective March 1, 2013, the basic user rates shall be increased to ninety three dollars forty one cents ($93.41) per one thousand (1,000) cubic feet. Provided that the minimum charge for sewerage service shall be thirty two dollars sixty nine cents ($32.69) to all users whose water consumption does not exceed three hundred fifty (350) cubic feet per monthly period.
In any monthly period in which there is no actual reading of the meters, an estimated billing may be issued based upon actual water usage as read on the meter during previous readings.
      2.   Nonmetered Residential Sewerage Consumer: All residential users of the sewerage system of the Village who do not use the water services of the Village shall pay a minimum flat rate charge per monthly period of twenty eight dollars ninety four cents ($28.94) plus any minimum debt service charge. The flat rate charge is based on water consumption of seven hundred (700) cubic feet and is computed by multiplying the basic user rate per subsection D1 of this section by two (2).
         a.   Effective June 1, 2010, the nonmetered residential sewerage monthly usage rate shall be increased to thirty one dollars ninety six cents ($31.96).
         b.   Effective September 1, 2010, the nonmetered residential sewerage monthly usage rate shall be increased to thirty five dollars ($35.00).
         c.   Effective December 1, 2010, the nonmetered residential sewerage monthly usage rate shall be increased to thirty eight dollars four cents ($38.04).
         d.   Effective March 1, 2011, the nonmetered residential sewerage monthly usage rate shall be increased to forty one dollars eight cents ($41.08).
         e.   Effective June 1, 2011, the nonmetered residential sewerage monthly usage rate shall be increased to forty four dollars twelve cents ($44.12).
         f.   Effective September 1, 2011, the nonmetered residential sewerage monthly usage rate shall be increased to forty seven dollars sixteen cents ($47.16).
         g.   Effective December 1, 2011, the nonmetered residential sewerage monthly usage rate shall be increased to fifty dollars twenty cents ($50.20).
         h.   Effective March 1, 2012, the nonmetered residential sewerage monthly usage rate shall be increased to fifty three dollars twenty four cents ($53.24).
         i.   Effective June 1, 2012, the nonmetered residential sewerage monthly usage rate shall be increased to fifty six dollars twenty eight cents ($56.28).
         j.   Effective September 1, 2012, the nonmetered residential sewerage monthly usage rate shall be increased to fifty nine dollars thirty cents ($59.30).
         k.   Effective December 1, 2012, the nonmetered residential sewerage monthly usage rate shall be increased to sixty two dollars thirty four cents ($62.34).
         l.   Effective March 1, 2013, the nonmetered residential sewerage monthly usage rate shall be increased to sixty five dollars thirty eight cents ($65.38).
      3.   Nonmetered Commercial Sewerage Consumer: All commercial users of the sewerage system of the Village who do not use the water services of the Village shall pay a minimum flat rate charge per monthly period of twenty eight dollars ninety four cents ($28.94) plus any minimum debt service charge. The flat rate charge is based on water consumption of seven hundred (700) cubic feet and is computed by multiplying the basic user rate per subsection D1 of this section by two (2).
         a.   Effective June 1, 2010, the nonmetered commercial sewerage monthly usage rate shall be increased to thirty one dollars ninety six cents ($31.96).
         b.   Effective September 1, 2010, the nonmetered commercial sewerage monthly usage rate shall be increased to thirty five dollars ($35.00).
         c.   Effective December 1, 2010, the nonmetered commercial sewerage monthly usage rate shall be increased to thirty eight dollars four cents ($38.04).
         d.   Effective March 1, 2011, the nonmetered commercial sewerage monthly usage rate shall be increased to forty one dollars eight cents ($41.08).
         e.   Effective June 1, 2011, the nonmetered commercial sewerage monthly usage rate shall be increased to forty four dollars twelve cents ($44.12).
         f.   Effective September 1, 2011, the nonmetered commercial sewerage monthly usage rate shall be increased to forty seven dollars sixteen cents ($47.16).
         g.   Effective December 1, 2011, the nonmetered commercial sewerage monthly usage rate shall be increased to fifty dollars twenty cents ($50.20).
         h.   Effective March 1, 2012, the nonmetered commercial sewerage monthly usage rate shall be increased to fifty three dollars twenty four cents ($53.24).
         i.   Effective June 1, 2012, the nonmetered commercial sewerage monthly usage rate shall be increased to fifty six dollars twenty eight cents ($56.28).
         j.   Effective September 1, 2012, the nonmetered commercial sewerage monthly usage rate shall be increased to fifty nine dollars thirty cents ($59.30).
         k.   Effective December 1, 2012, the nonmetered commercial sewerage monthly usage rate shall be increased to sixty two dollars thirty four cents ($62.34).
         l.   Effective March 1, 2013, the nonmetered commercial sewerage monthly usage rate shall be increased to sixty five dollars thirty eight cents ($65.38). (Ord. 05-03-10, 5-11-2010, eff. 5-12-2010)
      4.   Outside Corporate Limits:
         a.   Additional Cost: Each user of the sewerage system of the Village located outside the corporate limits shall have one hundred percent (100%) added to the bill rendered for the type of service as set out above. (1979 Code § 7-5-8)
         b.   High Usage Rate: Effective May 1, 2015, each user located outside the corporate limits of the Village whose water consumption exceeds forty thousand (40,000) cubic feet per monthly period shall be assessed the high usage rate in lieu of the basic user rate. The "high usage rate" shall be equal to one hundred thirty percent (130%) of the basic user rate applicable to such user for the same month. Additionally, the monthly debt service charge assessed to each user being assessed the high usage rate shall be equal to one hundred fifty four percent (154%) of the high usage rate charged to such user for the same month. (Ord. 04-02-15, 4-14-2015)
      5.   Restriction Of Sewerage Service To Users Outside Corporate Limits:
         a.   Effective July 1, 1988, no additional hookups to the Village sewerage system will be allowed for any potential users lying outside of the corporate limits.
         b.   The President and Board of Trustees may enter into separate contracts with consumers who do not fall into the rate classifications outlined above, provided the contractual rates and charges for sewerage service are based on the basic user charge as developed in subsection A2 of this section.
      6.   Rate Waiver For Metered Water Dedicated To Lawn Sprinkler Systems: There shall be no charges for the use of and the service applied by the wastewater facilities for customers with an additional and separate water meter and line dedicated exclusively to a lawn sprinkler system.
   E.   Surcharge Rate: The rates of surcharges for BOD5 and SS shall be as follows:
      1.   For biochemical oxygen demand (BOD5), sixteen cents ($0.16) per pound.
      2.   For suspended solids (SS), thirteen cents ($0.13) per pound.
   F.   Computation Of Surcharge:
      1.   The surcharge per person shall be computed by the following formula:
S = V (0.06238) [ (A (BOD5 - 200) ) + (B (SS - 240) ) ]
Where:
 
 
 
S
=
Amount of surcharge in dollars.
 
V
=
Wastewater volume in thousand cubic feet units.
 
0.06238
=
Unit weight of water x 10-6 per thousand cubic feet.
 
A
=
Unit charge for BOD5 per pound (subsection E of this section).
 
BOD5
=
5 day biochemical oxygen demand, milligrams per liter.
 
200
=
Allowable BOD strength.
 
B
=
Unit charge for SS per pound (subsection E of this section).
 
240
=
Allowable SS, milligrams per liter.
 
      2.   The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Committee on Water and Sanitary Sewers and shall be binding as a basis for surcharge.
   G.   Computation Of Wastewater Service Charge: The wastewater service charge per person shall be computed by the following formula:
W = D + M + ( V - 1,000) R+S
 
1,000
Where:
 
 
 
 
 
W
=
Amount of wastewater service charge in dollars per billing period.
 
 
 
 
 
D
=
Debt service charge.
 
 
 
 
 
M
=
Minimum charge for operation, maintenance and replacement (subsection D of this section).
 
 
 
 
 
V
=
Wastewater volume in cubic feet, per billing period to the lowest increments of 10 cubic feet. For a wastewater volume less than 1,000 cubic feet per billing period, this part of the formula equals 0.
 
 
 
 
 
R
=
Basic user rate for operation, maintenance and replacement (subsection D of this section).
 
 
 
 
 
S
=
Amount of surcharge (subsection F of this section).
 
   H.   Bills:
      1.   For the purpose of the operation of the sewerage system of the Village, all residential, commercial, industrial and other establishments in the Village shall pay the charges and rates hereinabove provided for sewer service, and such charges shall be made monthly after the expiration of the monthly period for which the service has been supplied, and such charge shall be payable within fifteen (15) days after rendition of the monthly sewer bill. In the event such bills are not paid within said fifteen (15) day period, a penalty of ten percent (10%) shall be added thereto.
      2.   Every application for sewer service shall be made by and signed by the owner of the premises to be served. Every premises served shall constitute a separate account in the owner's name. All bills for sewer service shall be the responsibility of, and sent to, the owner of the premises served. The owner of the premises served, included successors in title, shall be deemed to be the applicant, customer, consumer and user for sewer service provided to the premises regardless of whether such owner or successor in title is the end-user of the sewer service provided or whether such owner or successor has signed the service application.
      3.   Every application for sewer service shall constitute an agreement by the applicant to pay for all water used on the premises through said service and to comply with all ordinances, rules, regulations and policies of the Village then in effect or that may thereafter be adopted. The application shall be on forms provided by the Village Clerk. The Village reserves the right to deny sewer service when an application is incorrect or incomplete.
      4.   The Village may deny sewer service to any applicant when such applicant owes the Village a delinquent bill for service to another premises.
      5.   It shall be the duty of the purchaser of any premises within the Village (including by deed into trust or deed in lieu of foreclosure) to first ascertain from the Village any delinquent sewer service bill which may have accrued before purchasing the premises. The purchaser shall notify the Village in writing of the intention to purchase the property at least five (5) days prior to the closing date
   I.   Nonpayment Of Bills; Notice Of Delinquency; Shutoff: In the event the charges for sewer service are not paid within fifteen (15) days after the rendition of the bill, then such service charges shall be deemed and are hereby declared to be delinquent. If the delinquency and payment of the sewer charges continues for a period of more than fifteen (15) days, the sewer service may be discontinued; provided, however, that prior to such shutoff, a written notice shall be mailed or delivered to the persons liable for such bill, notifying them of their right to request an administrative hearing before the Village President or his designee within ten (10) days of the date of the notice, and at the hearing, present their objections to such actions. The sewer service shall not be shut off until the hearing has been held and the Village President or his designee has made a decision on the basis of the evidence presented at the hearing. When the sewer service has been discontinued by reason of a bill remaining unpaid for thirty (30) days after it is rendered, connection for restoring use of the sewer system shall not be made except upon compliance with this provision. In addition, a lien claim may be filed with the Recorder of Deeds at the Ogle County Courthouse, Oregon, Illinois, by the Village Clerk for any bill for sewer service which remains unpaid for thirty (30) days after it has been rendered by the Village Clerk. The lien shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the Village claims a lien for this amount as well as for all charges for sewer services subsequent to the period covered by the bill. Notice of the lien shall be mailed to the owner of such premises as shown on the real estate tax records of the Assessor's Office at the Ogle County Courthouse, Oregon, Illinois.
   J.   Foreclosure Of Lien: Property subject to a lien for unpaid sewer charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case in the foreclosure of statutory liens.
   K.   Administration Of Sewerage Fund:
      1.   It is hereby made the duty of the Village Clerk to render bills each monthly period for the users of the sewerage system for sewer service and other charges in connection therewith and he shall collect all monies due therefor.
      2.   All revenues and monies derived from the operation of the sewerage system shall be held by the Village Clerk separate and apart from his private funds and separate and apart from all other funds that may come into his hands as Village Clerk, and all of such sum without any deduction whatsoever shall be delivered to the Village Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may from time to time be ordered and directed by the President and Board of Trustees.
      3.   The Village Treasurer shall receive all such revenue from the sewerage system and all other funds and monies incident to the operation of such system as the same may be delivered to him by the Village Clerk as provided in this section, and shall deposit the same in a separate bank account and the same shall be accounted for as a separate fund which shall be designated as "Sewerage Fund of the Village of Mt. Morris", and the Village Treasurer shall administer such fund in every respect in the manner and form provided by the provisions of 65 Illinois Compiled Statutes 5/11-141-1 et seq., as amended and supplemented.
      4.   The Village Treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts separate from all other books, records and accounts which he may be required to keep as such Village Treasurer, which such books, records and accounts shall show complete and correct entries of all transactions relating to the sewerage system of the Village and at regular annual intervals the Village Treasurer shall cause to be made an audit by a recognized public auditor of such books, records and accounts to show the receipts and disbursements of the sewerage system.
   L.   Notice Of Rates: A copy of the provisions of this section, properly certified by the Village Clerk, shall be filed in the Office of the Recorder of Deeds of Ogle County and shall be deemed notice to all owners of real estate of the charges of the sewerage system of said Village on their properties.
   M.   Access To Records: The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village 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. (1979 Code § 7-5-8; amd. 2017 Code; Ord. 07-02-19, 7-23-2019)