Section
50.01 Definitions
50.02 Establishment of revenue system
50.03 User charge system
50.04 Sewer bill
50.05 Accounting
50.06 Nonpayment of bills
50.07 User charge rate
50.08 Use of public sewers required
50.09 Private sewage disposal
50.10 Building sewers and connections
50.11 Public sewer use regulations
50.12 Protection of sewage works from damage
50.13 Powers and authority of inspectors
50.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or FEDERAL ACT. The Federal Water Pollution Control Act, as amended, Pub. Law No. 92-500, 33 U.S.C. §§ 1251 et seq.
ADMINISTRATOR. The administrator of the United States Environmental Protection Agency.
AUDIT. An audit as a separate report from other funds in accordance with general services administration policy circular, FMC73-2, and shall cover the following:
(1) Financial operations are properly conducted;
(2) Financial reports are presented fairly;
(3) Applicable laws and regulations have been complied with;
(4) Resources are managed and used in an economical and efficient manner; and
(5) Desired results and objectives are being achieved in a financially effective manner.
AUTHORITY. The Village of St. Anne.
BILLABLE FLOW. A user’s recorded quarterly water usage as metered by the appropriate water utility, plus metered water from wells and other sources, and less any sewer exempt metered data, times the village approved percentage factor for wastewater entering the sewer system out of the metered water. Residential users on unmetered wells and users with no history of billable flow shall have their billable flow estimated by averaging the BILLABLE FLOW of other residential users of the same class.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C.
BOARD OF TRUSTEES or BOARD. The Board of Trustees of the Village of St. Anne.
BUILDING DRAIN, SANITARY. The part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only, inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
BUILDING DRAIN, SEWER. The part of the lowest horizontal piping of a drainage system which receives storm water or other clear water discharge, but no wastewater, from soil and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
BUILDING SEWER, SANITARY. The extension from the building drain to the public sewer or other place of disposal which conveys sanitary or industrial sewage only (also called HOUSE OR SERVICE CONNECTION).
BUILDING SEWER, STORM. The extension from the building drain to the public sewer or other place of disposal which conveys storm water or other clear water drainage, but no sanitary or industrial sewage (also called HOUSE CONNECTION).
CLERK or VILLAGE CLERK. The Clerk of the Village of St. Anne.
COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
COMBINED SEWAGE. A combination of both wastewater and storm or surface water.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
COMMERCIAL USER. For the purpose of the user charge system, a user engaged in the purchase or sale of goods, transaction of business, or otherwise renders a service.
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 village representative to sample and/or measure discharges.
DEPRECIATION. An annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of real and personal properties.
DIRECTOR. The Director of the State Environmental Protection Agency.
DISSOLVED SOLIDS. The concentration of matter in the sewage consisting of colloidal particulate matter one micron in diameter or less, and both organic and inorganic molecules and ions present in solution.
EASEMENT. An acquired legal right for the specific use of land owned by others.
FECAL COLIFORM. Any number of organisms common to the intestinal tract of humans and animals whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the authority.
FORCE MAIN. A pipe in which wastewater is carried under pressure.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the commercial handling, storage, and sale of produce.
IEPA. Illinois Environmental Protection Agency.
INCOMPATIBLE POLLUTANT. Any nontreatable waste product including nonbiodegradable dissolved solids.
INDUSTRIAL USER. For the purpose of the user charge system, a manufacturing or process facility which is engaged in a productive or profit-making venture.
INFILTRATION. The water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. INFILTRATION does not include, and is distinguished from, inflow.
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW. The water discharge into a sanitary sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard, and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and/or combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. INFLOW does not include, and is distinguished from, infiltration.
INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
MAJOR CONTRIBUTING INDUSTRY. An industrial user of the publicly owned treatment works that:
(1) Has a flow of 50,000 gallons or more per average work day;
(2) Has a flow greater than 10% of the flow carried by the village system receiving the waste;
(3) Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under § 307(a) of the Federal Act; or
(4) 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.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
NPDES PERMIT. Any permit or equivalent document or requirements; issued by the Administrator, or, where appropriated by the Director, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to § 402 of the Federal Act.
OPERATION AND MAINTENANCE COSTS. All costs, direct and indirect, not including debt service, but inclusive of expenditures attributable to administration, replacement, treatment, and collection of wastewaters necessary to ensure adequate wastewater collection and treatment on a continuing basis, conform to applicable regulations, and assure optimal long-term facility management.
PERSON. Any individual, firm, company, association, society, corporation, or group discharging any wastewater to the wastewater treatment facility.
pH. The term used to express the intensity of the acid or base condition of a solution, calculated by taking 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 hydrogen ion concentration of 10-7 and a pH value of seven.
PRETREATMENT. The treatment of industrial sewage from privately-owned industrial sources prior to introduction of the waste effluent into a public treatment works, in accordance with 40 C.F.R. 128.
PRIVATE SEWER. A sewer which is not owned by the village.
PROPERLY SHREDDED GARBAGE. Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (one and one-fourth centimeters) in any dimension.
PUBLIC SEWER. A sewer which is owned and controlled by the village.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
REPLACEMENT RESERVE. An account for the segregation of resources to meet replacement expenditures.
RESIDENTIAL USER. For the purpose of the user charge system, a user whose premises or building is used primarily as a domicile for one or more persons and whose wastes originate from the normal living activities or its inhabitants.
SANITARY SEWER. A sewer which carries sanitary and industrial wastes and to which storm, surface, and groundwater, are not intentionally admitted.
SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water and unintentionally admitted infiltration/inflow.
COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration, and inflow carried to the wastewater treatment facilities by a combined sewer.
INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment and resulting from any trade or process carried on in that establishment. This shall include the wastes from pretreatment facilities and polluted cooling water.
SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
SHALL/MAY. Shall is mandatory; may is permissive.
SIGNIFICANT INDUSTRY. Any industry that will contribute greater than 10% of the design flow and/or design pollutant loading of the treatment works.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in any quantity of flow which exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and 40 C.F.R. Part 136, 3, 4, and 5, and/or other recognized procedures by USEPA and IEPA.
STORM SEWER. A sewer for conveying water, groundwater, or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids and is removable by laboratory filtration as prescribed in Standard Methods.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
TOXIC AMOUNT. Concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to § 307(a) of Pub. Law No. 92-500.
UNPOLLUTED WATER. Water of 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.
USEFUL LIFE. The anticipated term in years of physical and/or functional productivity of elements of and/or the whole wastewater treatment process, which can be re-evaluated as a result of preventive maintenance, renewal which offsets physical and/or functional obsolescence, renewal of capital elements due to consumption, and physical and/or functional betterments, either direct or indirect.
USEPA. United States Environmental Protection Agency.
USER CHARGE SYSTEM. The system of charges levied on users for the cost of operation and maintenance, and replacement reserve requirements on now and old wastewater collection/treatment facilities, pursuant to § 204(b) of Pub. Law No. 92-500.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 500° centigrade for 15 minutes.
WASTEWATER TREATMENT FACILITIES. The structures, equipment, and processes required to collect, transport, and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
WATERWORKS. All facilities for water supply, treatment, storage reservoirs, water lines, and services, and booster stations for obtaining, treating, and distributing potable water.
(Prior Code, § 7-4-1)
All unit charges levied by ordinance for the operation, maintenance, and replacement of the village sewer system are hereby repealed and in lieu thereof there shall be assessed to all users, in accordance with the provisions of this chapter, a user charge.
(Prior Code, § 7-4-2)
(A) The user charge for the use of and for the service supplied by the sewer system of the village shall consist of a sewer charge for operation, maintenance, and replacement.
(B) The basic sewer charge shall be applied to sewer usage as recorded by water meters and/or sewage meters for wastes.
(C) Actual unit rates as described as follows are set forth in § 50.07.
(1) Budget and appropriation. The Trustee in charge of Water and Wastewater Department appropriations shall, no less than once per annum, prepare an estimate of anticipated costs for each category of user charge, as outlined hereafter, for the forthcoming fiscal year. These estimates shall be made in the form of a user charge rate ordinance and shall be proposed to the Village Board for enactment by May 1 of each year.
(2) Operation and maintenance. Annual operation and maintenance costs shall be determined for the sewer system.
(3) Replacement. Annual replacement costs shall be determined sufficient to cover replacement of equipment, accessories, or appurtenances in the sewer system owned by the village, as required, in order to assure continued peak performance and maintain design capacity over the sewer system’s useful life.
(4) Unit rates. The unit rate for the sewer charge shall be determined by:
(a) Dividing estimated annual operation and maintenance costs by estimated annual wastewater volume in thousand gallons;
(b) Dividing estimated annual replacement costs by estimated annual wastewater volume in thousand gallons; and
(c) Adding content of divisions (C)(4)(a) and (C)(4)(b) above to obtain the sewer charge unit rate per thousand gallons.
(5) Surcharge. A surcharge will be levied on all users who discharge wastewaters exceeding normal domestic waste strengths of 200 mg/l BOD and 250 mg/l suspended solids. The surcharge will be calculated by applying the rates to the pounds of BOD and suspended solids discharged above the normal domestic waste strengths.
(6) Minimum charge. A minimum charge for provision of service shall be applied to all users whose usage does not exceed 6,000 gallons per quarter.
(7) Notice of rates. Each user will be notified annually by the village in conjunction with a regular bill, of the sewer user charge rate.
(8) Method of computation. The method for computation of rates and service charges established for user charges in this section shall be made available to a user within 30 days of receipt of a written request for such. Any disagreement over the method used or in the computations thereof shall be remedied by the Village Board within 60 days after notification of a formal written appeal outlining the discrepancies.
(9) Billable flows. BILLABLE FLOW is the estimate of sewer usage as recorded by water meters. All users shall be eligible to take a 10% credit for nonreturned water if they pay within ten days of receipt of their bill. For users paying after this ten-day period, billable flow shall be 100% of the recorded water meter usage, unless an approved sewage meter is provided by the user.
(10) Additional charges. Additional charges are as follows:
(a) Actual costs incurred for water meter inspection requested by the user or as required for billing purposes;
(b) Actual costs incurred for handling a user’s check with nonsufficient funds;
(c) Actual costs incurred for special handling not provided for elsewhere in this chapter; and
(d) Sampling and laboratory costs for monitoring industrial users for disclosures above domestic levels.
(Prior Code, § 7-4-3) (Ord. passed 9-10-1984)
(A) (1) The basic sewer bill for all users shall consist of sewer user charges for operation, maintenance, and replacement, using the unit charges described in § 50.03 applied to the user’s billable flow. Users shall be billed quarterly, upon the same schedule that water billings are made. The basic sewer bill shall be computed using the following formula:
(2) The village shall reserve the right to require any user to meter his or her flow.
(B) Any residential sewer user not connected to the village water system shall pay a flat rate per billing period to be established by the village. All nonresidential users shall be required to meter sewage flows.
(C) A one-time handling charge equal to 10% of charges due shall be added to all charges due for sewer service if bill is not paid within 30 days of the rendition of the statement.
(D) In the event that a customer has not paid sewer charges within 60 days after the same is rendered, it shall be the duty of the proper officers of the village to shut off the water supply to said customer until such time as all past due bills for sewer service are fully paid, together with a service charge of an amount as set forth in § 35.02 for the restoration of water service; provided, that in cases of genuine hardship, the Village Clerk or his or her designee may set up a monthly payment schedule for such customer and avoid the necessity of shutting off water.
(E) Nonreceipt of any bill described in this section shall not release liability of user for those charges. In any case where the user in responsible for the nonreceipt of bill, the conditions herein described for late payment and additional charges shall apply thereto. In any case where the village is responsible for the nonreceipt of a bill, the village, at its discretion, may grant the user an extension of any discount period and late payment conditions described herein.
(Prior Code, § 7-4-4) (Ord. passed 9-10-1984) Penalty, see § 50.99
(A) All sewer charge monies shall be placed in the sewerage fund. Sewer charge monies for the operation and maintenance shall be kept in separate accounts from the monies collected from the replacement reserve. Sewer charge funds shall be used to cover costs as outlined in § 50.03.
(B) Expenditures shall be made by the village management in accordance with the detailed annual budget and ordinances authorized by the Village Board.
(C) Expenditures from the replacement reserve on facilities shall be for making renewals to accommodate wear of physical elements and/or movable property, which would result in an extended useful life or meet the anticipated useful life.
(D) An audit shall be performed no less than once per annum. Such audit shall be performed by a certified public accountant selected by the Village Board.
(E) The USEPA 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 for the purpose of making audit, examination, excerpts, and transcriptions thereof to ensure compliance with the terms of the federal regulations and conditions of the federal grant.
(Prior Code, § 7-4-5) (Ord. passed 9-10-1984)
(A) Whenever sewer bills become delinquent as set forth in § 50.04, the same shall become and constitute a lien upon the real estate to which sewer service is supplied, pursuant to the terms and provisions of 65 ILCS 5/11-141-7 and 5/11-141-16. Statements rendered for such charge shall be deemed notice to all parties, whether or not the person charged with the statement is the owner of the property served. The claim for lien shall be made in the form of a sworn statement selling out a description of the real estate, sufficient for the identification thereof, upon or for which the sewerage service was supplied, the amount or amounts of money due for such sewerage service, and the date or dates when such amount or amounts became delinquent. If all amounts shown due remain unpaid after recording as provided by law, the village may foreclose such lien in like manner and with like effect as in the foreclosure of mortgages on real estate. In the alternative, the village may, in its discretion, file suit to collect such amounts as are delinquent and due against the occupant or user of the real estate in a civil action, and shall collect, as well, all attorney fees incurred by it, the same to be fixed by order of the court. In addition to penalties and costs attributable and chargeable to the recording of such notices of lien, user and owner shall be liable for interest upon all unpaid balances after delinquency remaining from time to time unpaid at the rate of 12% per annum.
(B) In all cases where the sewer service charge has become delinquent and the village elects to file a statement thereof in the office of the Recorder of Deeds as hereinabove set forth, there shall be added in addition to the amount due the village such charges and expenses as are necessary and required to verify the legal description of the property to which the lien is to attach, plus a sum established by the Village Board as sufficient to cover the cost of preparation of such notices and forms required. In each instance, the Clerk or a duly appointed employee of the village shall be authorized and directed to include such additional costs in the amount claimed due the village in the notice of lien.
(C) The village reserves the right to revoke discharge permits and disconnect service to any user whenever bills become delinquent.
(D) All amounts charged under this section and § 50.04 are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the village is paid in full for all amounts due to it and in addition, there shall be paid to the village a deposit equal to the estimated charge for the next succeeding year. Such deposit shall be held by the village in escrow, and will be returned upon satisfactory payment of bills for a period of two years.
(Prior Code, § 7-4-6) (Ord. passed 9-10-1984) Penalty, see § 50.99
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