Waterman City Zoning Code
TITLE 7
UTILITIES
7-1-1: USE BY OTHER THAN OWNER OR OCCUPANT:
No garbage collection service consumer shall allow individuals, other than the owner or occupant of the premises, to use said garbage collection service. (1999 Code § 8.02)
7-1-2: RATES AND CHARGES:
A. Rates And Charges Established; Annual Review: The charge for garbage collection services provided by the village shall be determined by the board of trustees. This charge shall be reviewed on an annual basis at the March meeting of the board of trustees. (1999 Code § 8.03; amd. 2005 Code)
B. Authority To Alter Rates And Charges Under Certain Circumstances: The board of trustees reserves the right to make special arrangements fixing rates and charges for services to properties for which the above rates are not, in its opinion, equitable or proper.
C. Bills For Service; Late Payments: Charges for services shall be payable on a quarterly basis, and billings will be made as of February 1, May 1, August 1 and November 1. A delayed payment charge equal to ten percent (10%) of any bill shall be added to any bill not paid in full by its due date.
D. Liability For Service; Lien For Nonpayment: The owner of the premises, the occupant thereof, and the user of the service shall be jointly and severally liable to pay for the service on such premises, and the service is furnished to the premises by the village only upon the condition that the owner of the premises, occupant and user of the service shall be jointly and severally liable therefor to the village. Such charges or rates shall be liens upon the real estate upon or for which service is supplied whenever charges or rates become delinquent, and a notice of such lien shall be filed with the county recorder of deeds.
E. Discontinuance Of Service: If the charges for such services are not paid within forty five (45) days after rendition of the bill for such services, such services shall be discontinued without further notice, and the same will not be reestablished until all delinquent bills and penalties are paid in full. (1999 Code § 8.03)
F. Disposition Of Revenues: The village clerk shall receive all revenues from the garbage collection service and all other funds and monies incident to the operation of said service as the same may be delivered to the village clerk and deposit the same in the general fund, which fund shall be used only in paying the reasonable cost of operation and maintenance of the system, including salaries, wages, cost of materials, supplies, purchase of power, insurance and the reasonable repairs and extensions necessary to render efficient service, provide an adequate depreciation fund and any other charges properly chargeable against the garbage collection service. (1999 Code § 8.03; amd. 2005 Code)
7-1-3: BOOKS, RECORDS AND ACCOUNTS:
The village clerk and finance committee chairperson shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the garbage collection service. The board of trustees shall cause an annual audit thereof to be made. (1999 Code § 8.01; amd. 2005 Code)
7-2-1: WATER SYSTEM ESTABLISHED; SUPERVISION:
The system of water supply and distribution heretofore established, built and constructed by the village is hereby continued as the property of the village and under its control, jurisdiction and management. Said system and plant shall at all times be maintained, repaired, altered, changed, controlled and extended under the authority and ownership of the village. Said system shall be under the jurisdiction of the superintendent of public works as established herein. (1999 Code § 16.01)
7-2-2: CONNECTION TO WATER SYSTEM:
A. Application For Connection: Any person desiring to make any connection with the water system and plant, or use water therefrom, shall first make application to the superintendent for that purpose upon a blank form or forms to be furnished by the superintendent. Every such applicant shall state specifically and in detail the place, location and kind of connection and appendages sought, the purpose for which the water is to be used and all the plumbing and plumbing work in any manner or way connected therewith. (1999 Code § 16.02)
B. Issuance Of Permit; Restrictions: When the applicant hereunder has complied with all the provisions of the ordinances of the village, a permit shall then be issued by the superintendent authorizing the connection to be made and all plumbing and plumbing work in any manner or way connected therewith to be done. Nothing in the permit contained shall be construed to permit or authorize any such connection or use of water to be made, had or maintained contrary to the provisions of this chapter, nor shall it be understood to authorize anything not explicitly and truthfully stated in the application.
C. Separate Permits Required: A special permit must be obtained for each connection serving a single building, residence, premises or place.
D. Branch Connections:
1. When branch connections are used to serve additional buildings, residences, premises or places, a permit must be obtained for each branch serving a single building, residence, premises or place. No branch shall, however, extend more than thirty feet (30') on either side from such connection. No branches shall be used or installed unless it can be done without impairing the convenience and ability to extinguish fires, and for this purpose, no permit for a branch shall be issued unless first approved by the superintendent of public works. (1999 Code § 16.03)
2. Whenever branches are used with any such connection, the applicant for the main connection or his successor shall be responsible for all such branches and the payments of the water rents or rates herein required and for the violation of any of the provisions of this chapter in the placing, using and maintenance of such branches. (1999 Code § 16.03; amd. 2005 Code)
E. Tapping Mains; Fee: Whenever any permit for a connection with a water main is issued, the superintendent of public works or his designee shall tap the main where the connection from said main and point of junction to the village cock and insert said cock and place the cast iron cut off box thereon. The customer for whom the tap is made shall be solely responsible for any and all required excavation, backfill and street repair. All applicants must pay the connection fee set for this purpose by the village board, which fee must be paid at the time the application is made. (1999 Code § 16.04)
F. Report Of Plumber: It shall be the duty of the plumber installing said work to report to the superintendent everything done in connection therewith and any departure from or violation of such permit. Every such person so making the connection with the system or plant or using water therefrom shall make connection and use such water subject at all times to the provisions and conditions of the ordinances of the village in force or to become in force at any time during the period such connections are maintained or such water is used, and shall, in all respects, conform to the provisions and conditions of this chapter. (1999 Code § 16.02)
G. Records Kept: It shall be the duty of the superintendent at the time application as herein required is made, to enter in a book to be kept for that purpose, the statements and representations of the applicant as to places, location, kind and extent of the connection to be made, the purpose for which the water is to be used, and all the plumbing and plumbing work in any manner or way connected therewith as by this chapter required of such applicant to be given specifically and in detail. (1999 Code § 16.05)
7-2-3: CONSTRUCTION SPECIFICATIONS:
A. Drain And Waste Cock: There shall be a drain and waste cock attached to every supply pipe at the point where it enters the building in such a manner as to allow the water to be shut off in cold or freezing weather, and the pipes to be emptied.
B. Kind And Quality Of Copper Pipe:
1. The connection from the main and all authorized branches to the inside line of the building or house shall be placed at least five and one-half feet (51/2') below the surface of the ground and shall be made of copper pipe of the quality known in commerce as "extra strong". The pipe shall be laid sufficiently wavy so that it shall be at least one foot (1') longer than if laid straight and placed in such a manner as to prevent rupture or breakage from settling of the ground. All copper pipe used for interior plumbing shall be of the same quality known in commerce as "extra strong".
2. For interior plumbing work beyond the inside of the building or house, galvanized iron pipe, joints and couplings shall be of a quality known in commerce as "standard". Other interior plumbing may be of such kind as the applicant or owner may direct, but such and all other must stand a pressure of three hundred (300) pounds to the square inch. All drain cocks used in connection with said waterworks system or plant shall be made of brass and shall be of a quality known in commerce as "standard" and shall be strong enough to resist the pressure of water in all cases.
C. Time For Connections; Size: No connections shall be made with the mains in freezing weather unless special circumstances make the same safe, and then only when approved by the superintendent. All connections where the same join the main shall be at least twenty four inches (24") apart. The opening or tap for any connection in a four inch (4") main shall not be larger than to receive a five-eighths inch (5/8") connection; for a six inch (6") main, no larger than to receive a three-fourths inch (3/4") connection; and all above six inch (6") mains, no larger than to receive a one inch (1") connection; except in mains above six inches (6") under special circumstances rendering it safe, and then only when first permitted by the superintendent, a tap to receive a larger connection than one inch (1") may be made.
D. Height Of Public Hydrants And Street Washers: All public hydrants and street washers shall extend at least five feet (5') into the ground and shall have a good and sufficient drip well surrounded with rubble stone, so as to allow free drainage of water from the bottom thereof. (1999 Code § 16.06)
7-2-4: METERS:
A. Installation Requirements: A water meter must be installed by a registered plumber prior to the "rough in" plumbing inspection. All water consumption shall be directed through and measured by this meter, which will be supplied by the village water department. Wire, valves and yoke may be purchased from the village. A one-half inch (1/2") electrical conduit or one-half inch (1/2") PVC must be run from the meter location to the remote reader location on the front elevation of house. The meter shall be inspected by the superintendent of public works as to accuracy prior to "rough in" plumbing inspection. (Ord. 2005-08, 9-13-2005)
B. Meter Tests; Fee: Persons, firms or corporations receiving water service by the village may request and have their water meters tested for accuracy as hereinafter provided. Any person, firm or corporation requesting to have his water meter tested shall notify the village. The village shall have the meter removed for testing purposes. If the testing of the meter should indicate that the meter was accurately reading water flow or under reading water flow through the meter, then the person, firm or corporation requesting the meter be checked shall pay to the village a charge of fifty five dollars ($55.00) for testing the meter and an additional fifty dollar ($50.00) charge to the village for pulling and reinstalling the meter. If the testing of the meter should indicate that the meter was overreading water flow, then the charges for testing and the reinstallation of a meter shall be waived by the village. (1999 Code § 16.06)
7-2-5: PUBLIC HYDRANTS AND FOUNTAINS:
A. Installation: No permit shall be required for the placing of public hydrants, fire hydrants, public fountains or public fixtures or work connected with such water system or plant, but the same shall be put in, in the manner and when directed by the board of trustees.
B. Use Restricted: No person except members of the fire department in the line of their duties or the chief of police shall take any water from any public hydrant, fireplug or other public fixture connected with the water system or plant, and as to those excepted, such water shall only be taken or used by them for public or corporate purposes. All water taken from public hydrants or faucets shall only be taken therefrom for immediate use and consumption at such public hydrants or faucets and shall not otherwise be used for private purposes in any way. (1999 Code § 16.07)
7-2-6: WATER USE REGULATIONS:
A. Building Construction: Persons desiring to use village water for building purposes shall make application therefor to the superintendent on a form provided by him for that purpose. Upon a permit being granted, the service pipe shall be carried, at the expense of the applicant, to the inside of the curb line, where a proper village cock with cast iron box shall be placed with pipe leading to the surface and a faucet placed at the end thereof above said surface. The faucet shall be kept covered and when not in use, locked. When the building is completed, the faucet and pipe shall be taken up as far as said village cock and the water shut off at that point. All connections and branches and plumbing and plumbing work fixtures in any manner joined or attached thereto shall at all times be kept in good repair and protected from damage and injury at the expense of the applicant or person or corporation using the same. This shall not be construed to prevent the person being responsible hereunder for the branches and all plumbing and plumbing work and fixtures connected therewith.
B. Use By Other Persons: No person other than the one paying for the use of the water through any such connections, including the family of such person, shall take or use any water passing through such connection. It shall be unlawful for such person so paying for such water to suffer or permit any other person or corporation to take or use water unless first permitted to do so by the superintendent. This subsection shall not apply to persons taking and immediately drinking such water.
C. Permission To Turn On; Temporary Use: No water shall be turned into a connection, except when meters are used, until the applicant shall have paid the rent or rate due. All plumbers are strictly prohibited from turning the water into such connections unless first permitted to do so by the superintendent. This shall not be construed to prevent any plumber admitting the water temporarily to test the pipes and plumbing work for which purpose only said water may be turned on.
D. Waste Of Water: No water shall be permitted to run through any hydrant, tap, hose, plumbing or plumbing work or fixture of any kind when the same is not in use. (1999 Code § 16.08)
7-2-7: MAINTENANCE AND REPAIR:
A. Persons taking village water shall do so at their own expense and must keep all pipes, stopcocks and fixtures in good repair. The buffalo or shutoff box, connections, village cock, valves and service pipes shall be furnished, installed and maintained, in perpetuity, by and at the expense of the customer, as shall all labor for trenching, pushing or backfilling from the buffalo or shutoff box to premises being served. No reduction from any water bill shall be made on account of any leak in any pipes or fixtures. All repairs for or replacement of the buffalo or shutoff box to the premises being served shall be made by and at the expense of the owner of the premises served. The village may, in case of emergency, repair any service pipes and assess the cost of such repair against the owner of the premises served.
B. In the event that any water meter or service pipe becomes frozen between the curb stop and the premises, it shall be thawed at the expense of the property owner. Should the village be required to perform thawing of a frozen water meter or service pipe located between the curb stop and the premises, the property owner shall reimburse the village the actual expenses for the time and material incurred in the repair, but in no case shall said charge be less than fifty dollars ($50.00). Any charges levied under this section are subject to the payment and delinquency provisions of section 7-2-10 of this chapter. (Ord. 2008-09, 9-25-2008)
7-2-8: OBSTRUCTION, INJURY TO SYSTEM:
A. Obstruction Of Hydrants And Faucets: No person shall in any manner obstruct the access to any drain, cock, hydrant or valve or any public faucet or opening in any street, avenue, alley, public ground or place connected with or a part of said system or plant, nor pile or place any lumber, brick or building material or other article, thing or hindrance whatsoever so as to in any manner interfere with said access.
B. Interference With, Obstructing Water Or System: It shall be unlawful for any person or corporation to in any manner interfere with or obstruct the flow, retention, storage or authorized use of water in the water system or plant, or to interfere with or obstruct in any manner the supply or source of supply of such water or to pollute in any manner such water or the sources of supply or to throw or place therein or mix therewith any foreign substance whatsoever, or cause, suffer or permit the same to be done.
C. Injury, Damage To System: It shall be unlawful for any person or corporation to injure, break, mar, deface, tear down, remove or displace, in whole or in part, any water main, hydrant, fountain, valve, engine or building or any part thereof connected with the water system or plant or any part, parcel, appurtenance or appliance of said system or plant. (1999 Code § 16.10)
7-2-9: AUTHORITY TO TURN OFF WATER UNDER CERTAIN CIRCUMSTANCES:
A. Fire Or Alarm Of Fire: If there is a fire or an alarm of fire, it shall be the duty of every person or corporation responsible for the use of the water or in charge or control thereof to immediately stop and shut off the flow of such water until the fire has been extinguished or until it has been ascertained that the alarm was false.
B. Impending Fire: In case of conflagration or grave calamity of fire impending, the president of the board of trustees shall have the right and authority, by proclamation posted in five (5) public places in the village, to wholly suspend and prohibit, for such length of time as such exigency may require, the drawing or using of water for public or private purposes other than to meet such exigency.
C. Drought Or Other Urgency: Whenever, in the judgment of the president of the board of trustees, public exigency may require it, he shall have the right and authority, by proclamation published in some newspaper printed in the village or by posting such proclamation five (5) public places therein, to limit in respect of time or wholly suspend or prohibit for such length of time as such exigency shall require, the drawing or using of water for public or private fountains, for street or yard sprinkling, for washing houses, windows, verandas or vehicles or for any other purpose except for immediate domestic use, and it shall be unlawful for any person or corporation to draw or use any water in violation of such proclamation. (1999 Code § 16.11)
7-2-10: BILLS FOR WATER AND SEWER SERVICE; DELINQUENCIES:
A. Rendition Of Bills; Due Date; Late Payment: Water and sewer service charges shall be billed on a quarterly basis. Bills shall be mailed on or about February 1, May 1, August 1 and November 1, and payments shall be due thirty (30) days after the date of such bill. If payment of the entire amount of said bill for water and/or sewer service charges is not received by the village on or before the thirtieth day after the billing date, then a late payment penalty of ten percent (10%) of the current balance of the bill shall be added thereto and become due and payable.
B. Liability For Payment: The owner of the premises shall be liable to pay for such service to such premises, and such service is furnished to the premises by the village only upon the condition that the owner of the premises is liable therefor to the village. (1999 Code § 16.15)
C. Delinquent Payments A Lien: In the event the water and/or sewer user service charges, including any penalty then due, are not paid within fifty (50) days after the date of such billing, such charges and penalty shall be deemed and are hereby declared to be delinquent, and thereafter, the village may file a statement of lien claim with the county recorder of deeds. This statement of lien claim shall include the legal description of the property to which water/sewer service was provided, the amount of the unpaid user service charges and penalty, and a notice that the village claims a lien for the stated amount as well as for all water and sewer user charges and penalties subsequent to the period for which the bill was rendered. The failure of the village to record the lien with the county recorder of deeds, or to mail the notice of delinquency and lien to the owner of the property, or failure of the owner to receive such notice shall not affect the right of the village to foreclose the lien for unpaid bills as mentioned herein. (1999 Code § 16.15)
D. Foreclosure: Property subject to a lien for unpaid water and/or sewer user service charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the village. The village attorney is hereby authorized and directed to institute such proceedings in the name of the village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid forty five (45) days after it has been rendered. (1999 Code § 16.15)
E. Discontinuance Of Service; Reinstatement Fee; Restoration Of Service: If the water and/or sewer user service charges, including any penalty then due, are not paid in full thirty (30) days after the date of billing, then the village shall send notice to the owner of the premises that water service shall be discontinued twenty (20) days after the date of such notice and shall not be reinstated until all past due bills, including the penalties thereon, are paid in full. Notice shall be posted at the delinquent address of service a minimum of ten (10) days prior to the disconnection date, stating the disconnection date and the amount due which includes a fee of fifty dollars ($50.00) for reinstating such services. If the amount has not been paid in full by the date stated on said notice, the service shall be disconnected and not reinstated until the amount due is paid in full. No village employee shall have the authority to extend the discontinuance of service beyond the twenty (20) day notice provided in this subsection and no further extension shall so be granted. It shall be the responsibility of any party requesting the restoration of water service to pay all fees, deposits, and delinquent charges attributable to the property for which water service is provided. When the ownership of property is transferred to a new owner, it shall be the responsibility of the new owner to pay all fees, deposits, and delinquent charges prior to water and sewer service being turned on or otherwise restored to the property. Water service shall not be turned on or otherwise restored to any property until all fees, deposits, and delinquent charges have been paid in full.
F. Water Use Rates: The following quarterly water use rates billed every three (3) months are hereby established for water use:
Residential rate:
$75.061 per quarter minimum base charge for first 6,000 gallons
$2.76 per 1,000 gallons over 6,000 gallons
Commercial rate:
$75.061 per quarter minimum base charge for first 6,000 gallons
$2.76 per 1,000 gallons from 6,001 to 25,000 gallons
$2.87 per 1,000 gallons from 25,001 to 75,000 gallons
$2.92 per 1,000 gallons over 75,000 gallons
Industrial rate:
$97.381 per quarter minimum base charge for first 6,000 gallons
$4.17 per 1,000 gallons from 6,001 to 25,000 gallons
$4.60 per 1,000 gallons from 25,001 to 100,000 gallons
$5.04 per 1,000 gallons from 100,001 to 500,000 gallons
$5.47 per 1,000 gallons from 500,001 to 1,000,000 gallons
$5.90 per 1,000 gallons over 1,000,000 gallons
Out of town rate:
Shall be 2 times the established rates for residential, commercial, or industrial zoned properties
Water/sewer infrastructure repairs/maintenance fee:
Beginning with the August 1, 2025 billing cycle and continuing until the end of the July 31, 2027 billing cycle, an additional fee of thirteen dollars ($13.00) per month or thirty-nine dollars ($39.00) per billing cycle will be charged for the purpose of maintaining/repairing existing water/sewer infrastructure. This fee will appear on the bills as a separate charge titled "INFS" said funds will be deposited monthly in a separate bank account established for this purpose.
G. Minimum Charge: Notwithstanding the rates specified in subsection F of this section, any property receiving water service shall be subject to a minimum charge equivalent to the use of six thousand (6,000) gallons per billing cycle, regardless of actual use and without regard to whether the building is then occupied.
(Ord. 2009-01, 2-10-2009; amd. Ord. 2012-06, 1-10-2012; Ord. 2012-07, 1-10-2012; Ord. 2012-10, 3-13-2012; Ord. 2013-07, 7-9-2013; Ord. 2015-01, 1-13-2015; Ord. 2015-09, 7-14-2015; Ord. 2017-08, 7-18-2017; Ord. 2019-05, 7-29-2019; Ord. 2019-07, 11-12-2019; Ord. 2021-13, 10-20-2021; Ord. 2023-07, 7-11-2023; Ord. 2025-05, 7-29-2025)
7-2-11: PRIVATE WATER WELLS:
A. Prohibited Within Certain Distance To Public System: No water well shall be drilled, constructed, sunk, maintained or operated on any parcel of land within the corporate limits of the Village if a water main constituting part of the Village public water supply system is within four hundred feet (400') of the nearest property line of the property upon which such well would be drilled, constructed, sunk or otherwise provided and/or to which the well would provide service.
B. Existing Wells: Nothing herein shall prohibit the operation and maintenance of wells constructed and in operation prior to January 1, 1998; except, that all such wells shall be operated and maintained in accordance with all applicable Federal, State, County and local laws, ordinances and regulations. (1999 Code § 16.14; amd. 2005 Code)
7-2-12: INSPECTIONS:
A. Inspections And Approval Of Plumbing Work: All plumbing and plumbing work shall be done subject to the approval of the Superintendent, and no work underground shall be covered up until examined by him or some person under his direction.
B. Access To Premises: The Superintendent and such person authorized by him shall be permitted to enter and have free access at all reasonable hours to buildings, premises or places containing any such connections, branches, plumbing or plumbing work in any manner or way connected with the system or plant to ascertain the location and condition thereof and all fixtures connected therewith.
C. Notice Of Violations; Shutoff Of Water: If, upon such inspection or otherwise, it is found that, on account of negligence or for want of repairs, there is a waste of water in the connections, branches, plumbing or plumbing work, and the owner or person in charge or possession thereof fails to have such defects immediately remedied and such waste stopped, it shall be the duty of the Superintendent or some person directed by him to leave a notice of such waste of water at the premises with some person in possession thereof, or if no one is found in possession, by posting the same upon such premises. If the defects are not remedied and the waste stopped within twenty four (24) hours after giving or posting the notice, the water shall be shut off and shall not again be turned on until the sum of fifty dollars ($50.00) in addition to all rents due has been paid to the Village. (1999 Code § 16.06)
7-2-13: PLUMBER'S RETURN TO WORK REPORT:
It shall be the duty of all plumbers to make a return in writing to the Superintendent showing in detail all plumbing and plumbing work, including repairs, done or installed by them in the village connected with the water system or plant, and the number and size of all openings therein through which water can be taken. When any connection or branch is put in hereunder, it shall be the duty of the plumber doing or installing the plumbing or plumbing work connected therewith to make said return before the water is turned on and permitted to enter such connection or branches, and it shall be unlawful to turn on such water until such return is made. Any plumber failing or refusing to make any such return within five (5) days after the completion of such work, or making misrepresentations therein, shall not thereafter be permitted to act as a plumber or do plumbing work in the village. (1999 Code § 16.06)
7-2-14: NONLIABILITY OF VILLAGE:
All connections and water applied for hereunder and all the water used hereunder shall be upon the express condition that the village shall not be liable, nor will any claim be made against the village, for damage or injury caused by reason of the breaking of any main, connections, branches, service pipe or apparatus or appurtenances connected therewith, any part or portion of said system or plant, for any interruption of the supply, by reason of the breakage of machinery or by reason of stoppage for repairs, alterations or extensions or renewals. (1999 Code § 16.09)
7-2-15: CHANGES, ALTERATIONS TO PROVISIONS:
Nothing herein shall prevent the village from changing or altering the provisions hereof, and the village shall have and retain authority from time to time to alter, change, increase, decrease or improve said system and plant, or any portion thereof, or to establish or prescribe new or different rates, rents, regulations or provisions concerning the use of the water or water system or plant or to change the source of supply or to alter, amend, change or repeal the provisions of this chapter. (1999 Code § 16.12)
7-2-16: ENFORCEMENT; PENALTY:
A. Report Of Violations; Enforcement: It shall be the duty of every village officer to immediately report to the superintendent, upon discovery, any or all violations of this chapter or any part thereof, and the superintendent shall thereupon see that the provisions hereof are enforced.
B. Penalty: Any person violating any provision of this chapter shall be subject to a fine or penalty as provided in section 1-4-1 of this code for each offense and a like fine or penalty for each day such violation continues unless specified otherwise herein. (1999 Code § 16.16; amd. 2005 Code)
7-3-1: DEFINITIONS:
ADMINISTRATOR: The administrator of the U.S. environmental protection agency.
APPROVING AUTHORITY: The superintendent of the department of public works.
BASIC USER CHARGE: The basic assessment levied on all users of the public sewer system.
BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter (mg/l).
BUILDING DRAIN: That part of the lowest 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 or other approved point of discharge, beginning five feet (5') (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal.
CAPITAL IMPROVEMENT CHARGE: A charge levied on all users to improve, extend or reconstruct the village wastewater facilities.
COMBINED SEWER: A sewer which is designed and intended to receive wastewater, storm, surface and ground water drainage.
COMMERCIAL USER: Shall include transit lodging, retail and wholesale establishments or places engaged in selling merchandise or rendering services.
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.
DEBT SERVICE CHARGE: The amount to be paid each billing period for payment of interest, principal and coverage of loan, bond, etc., outstanding.
DIRECTOR: The director of the Illinois environmental protection agency.
EASEMENT: An acquired legal right for the specific use of land owned by others.
EFFLUENT CRITERIA: Are as defined in any applicable NPDES permit.
FEDERAL ACT: The federal clean water act (33 USC 466 et seq.) as amended, (pub. l. 95-217).
FEDERAL GRANT: The U.S. government participation in the financing of the construction of treatment works as provided by title II grants for construction of treatment works of the act and implementing regulations.
FLOATABLE OIL: Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.
INDUSTRIAL USERS: Shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials or substance into products.
INDUSTRIAL WASTE: Any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process, or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.
INSTITUTIONAL/GOVERNMENTAL USER: Shall include schools, churches, penal institutions and users associated with federal, state and local governments.
LOCAL CAPITAL COST CHARGE: Charge for costs other than the operation, maintenance and replacement costs, i.e., debt service and capital improvements costs.
MAJOR CONTRIBUTING INDUSTRY: An industrial user 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 issuing 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.
MAY: Permissible.
MILLIGRAMS PER LITER: A unit of the concentration of water or wastewater constituent. It is 0.001 gram of the constituent in one thousand (1,000) milliliters 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.
NPDES PERMIT: Any permit or equivalent document or requirements issued by the administrator or, where appropriate, by the director, after enactment of the federal clean water act to regulate the discharge of pollutants pursuant to section 402 of the federal act.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed by one of the procedures outlined in the IEPA Division of Laboratories Manual of Laboratory Methods.
ppm: Parts per million by weight.
PERSON: Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
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 0.17 pounds of BOD and 0.20 pounds of suspended solids.
PRETREATMENT: The treatment of wastewaters from sources before introduction into the wastewater treatment works.
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of foods that have 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 (1/2") (1.27 centimeters) in any dimension.
PUBLIC SEWER: A sewer provided by or subject to the jurisdiction of the village. It shall also include sewers within or outside the village boundaries that serve one or more persons and ultimately discharge into the village sanitary system, even though those sewers may not have been constructed with village funds.
REPLACEMENT: Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes "replacement".
RESIDENTIAL USER: All dwelling units such as houses, mobile homes, apartments, and permanent multi-family dwellings.
SANITARY SEWER: A sewer that conveys sewage or industrial wastes, or a combination of both, and into which storm, surface and ground waters or unpolluted industrial wastes are not intentionally admitted.
SEWAGE: Is used interchangeably with "wastewater".
SEWER: A pipe or conduit for conveying sewage or other waste liquids, including storm, surface and ground water drainage.
SEWERAGE: The system of sewers and appurtenances for the collection, transportation and pumping of sewage.
SEWERAGE FUND: The principal accounting designation for all revenues received in the operation of the sewerage system.
SHALL: Mandatory.
SLUG: Any discharge of water, sewage or industrial waste 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.
STATE GRANT: The state of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois antipollution bond act and for making such grants as filed with the secretary of state of the state of Illinois.
STORM SEWER: A sewer that carries storm, surface and ground water drainage but excludes sewage and industrial wastes other than unpolluted cooling water.
STORM WATER RUNOFF: That portion of the precipitation that is drained into the sewers.
SURCHARGE: The assessment, in addition to the basic user charge and debt service charge, which is levied on those persons whose wastes are greater in strength than the concentration values established in chapter 3, article A of this title.
SUSPENDED SOLIDS (SS): Solids that either float on the surface of, or are in suspension in water, sewage or industrial waste and which are removable by a laboratory filtration device. Quantitative determination of "suspended solids" shall be made in accordance with procedures set forth in the IEPA Division of Laboratories Manual of Laboratory Methods.
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.
USEFUL LIFE: The estimated period during which the collection system and/or treatment works will be operated.
USER CHARGE: A charge levied on users of treatment works for the cost of operation, maintenance and replacement.
USER CLASS: The type of user, residential, institutional/governmental, commercial or industrial, as defined in this section.
VILLAGE: The village of Waterman.
WASTEWATER: The spent water of a community. From this standpoint, of course, it may be a combination of liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present.
WASTEWATER FACILITIES: The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and transport effluent to a watercourse.
WASTEWATER SERVICE CHARGE: The charge per quarter levied on all users of the wastewater facilities. The service charge shall be computed as outlined in chapter 3, article A of this title and shall consist of the total of the basic user charge, the local capital cost and a surcharge, if applicable.
WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for treating wastewater, industrial wastes and sludge; sometimes used as synonymous with "waste treatment plant" or "pollution control plant".
WATER QUALITY STANDARDS: Are as defined in the water pollution regulations of Illinois.
WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (1999 Code § 13.01; amd. 2005 Code)
7-3-2: USE OF PUBLIC SEWERS REQUIRED:
A. Discharge Of Human And Animal Wastes: It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the village or in any area under the jurisdiction of the village, any human or animal excrement, garbage or other objectionable waste.
B. Discharges Into Natural Outlets: It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of the village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. Private Systems: Except as herein provided, it shall be unlawful to construct or maintain any privy 1 , privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
D. Connection To Sewer System Required: The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the village and abutting on any street, alley or right of way in which there is now located or may in the future be located any public sanitary sewer of the village, is hereby required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety (90) days after date of official notice to do so; provided, that said public sewer is within one hundred feet (100') (30.5 meters) of the property line. (1999 Code § 13.02)
7-3-3: PRIVATE SEWAGE DISPOSAL SYSTEMS:
A. Private Systems Permitted: Where a public sanitary sewer is not available under the provisions of section 7-3-2 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B. Permit Requirements:
1. Permit Required: Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent of public works.
2. Application For Permit: The application for such permit shall be made on a form furnished by the village which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the superintendent of public works.
3. Fee: A permit and inspection fee of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) shall be paid to the village at the time the application is filed.
4. Conditions Of Permit Issuance: A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent of public works. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the superintendent of public works when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of written notice by the superintendent of public works.
1. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state private sewage disposal licensing act and code 2 and with the state environmental protection agency.
2. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than thirty thousand (30,000) square feet (2,790 square meters).
3. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
D. Availability Of Public Sewer; Connection Required: At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in subsection 7-3-2D of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank run gravel or dirt.
E. Responsibility For Private System: The owner shall operate and maintain the private sewage disposal facility in a sanitary manner at all times and at no expense to the village.
F. Other Requirements: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the county health officer. (1999 Code § 13.03)
7-3-4: BUILDING SEWERS AND CONNECTIONS:
A. Permit To Connect:
1. Permit Required: No unauthorized person shall uncover, make any connection with, or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent of public works.
2. Classes Of Permits; Applications: There shall be two (2) classes of building sewer permits: a) for residential wastewater service; and b) for commercial, institutional/governmental or industrial wastewater service. In either case, the owner or his agent shall make application on a special form furnished by the village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent of public works.
3. Fee: A permit and inspection fee, in an amount set by the village board for a residential or commercial building sewer permit, shall be paid to the village at the time the application is filed.
4. Conditions Of Permit:
a. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.
b. A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.
B. Separate Building Sewers Required: A separate and independent building sewer shall be provided for every building; except, that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
C. Use Of Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the superintendent of public works, to meet all requirements of this chapter.
1. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes 2 or other applicable rules and regulations of the village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials, "Water Pollution Control Federation Manual Of Practice No. 9" and "Standard Specifications For Water And Sewer Main Construction In Illinois" shall apply.
2. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved in accordance with subsection 7-3-3B of this chapter and discharged to the building sewer.
E. Connections To System: The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes 3 or other applicable rules and regulations of the village or the procedures set forth in appropriate specifications of the American Society of Testing Materials, "Water Pollution Control Federal Manual Of Practice No. 9" and "Standard Specifications For Water And Sewer Main Construction In Illinois". All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent of public works before installation.
F. Excavations: All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the village.
G. Discharges Into System:
1. All disposal by any person into the sewer system is unlawful except those discharges in compliance with the federal standards promulgated pursuant to the federal act and more stringent state and local standards.
2. No person(s) shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (1999 Code § 13.04)
H. Maintenance And Repair: Users of the village sewer system shall be responsible for the clean out of any obstruction in the sanitary sewer, including tree roots, from their structure being served by the sewer to the main sewer line. Users of the village sewer system shall also be responsible for the repair of any collapsed sanitary sewer pipe from the structure being served by the sanitary sewer to the property line of such user. The village shall be responsible for the repair of any collapsed sanitary sewer pipe from the property line of the user to the main sewer line. (1999 Code § 13.10)
I. Inspections: The applicant for the building sewer permit shall notify the superintendent of public works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent of public works or his representative.
J. Liability For Costs And Expenses: All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (1999 Code § 13.04)
7-3-5: DISCHARGES INTO PUBLIC SYSTEM:
A. Storm And Surface Water Runoff; Storm And Combined Sewers:
1. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
2. Storm water and other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the superintendent of public works. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent of public works, to a storm sewer or natural outlet.
B. Prohibited Discharges: No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant.
3. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
4. Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
C. Restricted Discharges:
1. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the superintendent of public works, that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent of public works will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and maximum limits established by regulatory agencies. The substances prohibited are:
a. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F)(65°C).
b. Any waters or wastes containing toxic or poisonous materials or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty two and one hundred fifty degrees Fahrenheit (32 and 150°F)(0 and 65°C).
c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent of public works.
d. Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solution, whether neutralized or not.
e. Any waters or wastes containing iron, chromium, copper, zinc or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent of public works for such materials.
f. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the superintendent of public works as necessary after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
g. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the superintendent of public works in compliance with state or federal regulations.
h. Any wastes or waters having a pH in excess of 9.5.
i. Any mercury or any of its compounds in excess of 0.0005 milligrams per liter as Hg at any time except as permitted by the superintendent of public works in compliance with applicable state and federal regulations.
j. Any cyanide in excess of zero milligrams per liter at any time except as permitted by the superintendent of public works in compliance with applicable state and federal regulations.
k. Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);
(2) Excess discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
(4) Unusual volume of flow or concentrations of wastes constituting "slugs" as defined in section 7-3-1 of this chapter.
l. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to receiving waters.
2. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection C1 of this section, and/or which are in violation of the standards for pretreatment provided in 40 CFR 403, June 26, 1978, and any amendments thereto, and which, in the judgment of the superintendent of public works, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent of public works may:
a. Reject the wastes;
b. Require pretreatment to an acceptable condition for discharge to the public sewers;
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of section 7-3-10 of this chapter.
3. If the superintendent of public works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent of public works and subject to the requirements of all applicable codes, ordinances and laws. (1999 Code § 13.05)
7-3-6: INTERCEPTORS:
Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent of public works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except, that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent of public works and shall be located as to be readily and easily accessible for cleaning and inspection. (1999 Code § 13.05)
7-3-7: PRETREATMENT:
Where preliminary treatment or flow equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (1999 Code § 13.05)
7-3-8: CONTROL MANHOLE:
Each industry shall be required to install a control manhole, and when required by the superintendent of public works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent of public works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (1999 Code § 13.05)
7-3-9: MEASUREMENTS, TESTS AND ANALYSES:
A. The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests and analyses of waters and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the village or regulatory agencies having jurisdiction over the discharge.
B. The number, type and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the village, but not less than once per year, the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state and local standards is being met. The owner shall report the results of measurements and laboratory analyses to the village at such times and in such manner as prescribed by the village. The owner shall bear the expense of all measurements, analyses and reporting required by the village. At such times as deemed necessary, the village reserves the right to take measurements and samples for analysis by an outside laboratory service.
C. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of IEPA Division of Laboratories Manual of Laboratory Methods and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty four (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty four (24) hour composites of all outfalls, whereas pHs are determined from periodic grab samples. (1999 Code § 13.05)
7-3-10: SPECIAL AGREEMENTS:
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the village for treatment, subject to payment therefor, in accordance with chapter 3, article A of this title, by the industrial concern, provided such payments are in accordance with the federal and state guidelines for user charge system. (1999 Code § 13.05)
7-3-11: PROTECTION OF SYSTEM FROM DAMAGE:
No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this section shall be subject to immediate arrest under the charge of disorderly conduct. (1999 Code § 13.06)
7-3-12: POWERS AND AUTHORITY OF INSPECTORS:
A. Entry Powers; Limitations On Requested Information:
1. The superintendent of public works and other duly authorized employees of the village, the Illinois environmental protection agency and the U.S. environmental protection agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent of public works 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.
2. The superintendent of public works and other duly authorized employees of the village, bearing proper credentials and identification, shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works 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 duly negotiated easement pertaining to the private property involved.
B. Safety Precautions: While performing the necessary work on private properties referred to in subsection A of this section, the superintendent of public works or duly authorized employees of the village, the Illinois environmental protection agency and the U.S. environmental protection agency shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the village employees, and the village shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain conditions as required in section 7-3-8 of this chapter. (1999 Code § 13.07)
7-3-13: VIOLATION; PENALTIES:
A. Notice Of Violation; Time For Compliance: Any person found violating any provision of this chapter, except section 7-3-11, shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. Revocation Of Permit: The village may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter. (1999 Code § 13.08)
C. Penalty: Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each violation. Each day on which any such violation shall continue shall be deemed a separate offense. (1999 Code § 13.08; amd. 2005 Code)
D. Liability For Violations: Any person violating any of the provisions of this chapter shall become liable to the village by reasons of such violation. (1999 Code § 13.08)
7-4-1: ANNUAL SERVICE PROVIDER FEE:
Mediacom Illinois LLC shall pay an annual service provider fee to the village in an amount equal to five percent (5%) of annual gross revenues derived from the provision of cable or video service to households located within the village. The twelve (12) month period for the computation of the service provider fee shall be a calendar year. (Ord. 2015-06, 5-12-2015)
7-4-2: PAYMENT DUE:
The service provider fee payment shall be due quarterly and payable within forty five (45) days after the close of the quarter. Each payment shall be accompanied by a brief report prepared by a representative of the grantee showing the basis for the computation. If mailed, the fee shall be considered paid on the date it is postmarked. (Ord. 2015-06, 5-12-2015)
7-4-3: CALCULATION OF SERVICE PROVIDER FEE:
A. For purposes of the calculation of the service provider fee, "gross revenues" shall mean consideration of any kind or nature, including, without limitation, cash, credits, property, and in- kind contributions received by Mediacom Illinois LLC for the operation of its cable system to provide cable or video service within the city, including the following:
1. Recurring charges for cable service or video service;
2. Event based charges for cable service or video service, including, but not limited to, pay per view and video on demand charges;
3. Rental of set top boxes and other cable service or video service equipment;
4. Service charges related to the provision of cable service or video service, including, but not limited to, activation, installation, and repair charges;
5. Administrative charges related to the provision of cable service or video service, including, but not limited to, service order and service termination charges; and
6. Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.
B. For purposes of the calculation of the service provider fee, "gross revenues" shall not include:
1. Revenues not actually received, even if billed, such as bad debt;
2. The service provider fee or any tax, fee or assessment of general applicability;
3. Any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunications services, voice over internet protocol (VoIP) services, information services, the provision of directory or internet advertising, or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders;
4. Security deposits collected from subscribers; or
5. Any amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. (Ord. 2015-06, 5-12-2015)
7-1A-1: DEFINITIONS:
GARBAGE: Every accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fruit or vegetables.
RESTAURANT: Any public place where meals are served and prepared. (1999 Code § 18.04)
7-1A-2: PROPER DISPOSAL REQUIRED:
It shall be unlawful for any person, firm or corporation operating or employed by a restaurant to dispose of or dump garbage generated from such restaurant upon the streets of the village or upon any public or private premises other than in an approved receptacle as hereinafter described. (1999 Code § 18.04)
7-1A-3: PREPARATION OF GARBAGE; SECURE DUMPSTERS:
Garbage generated from a restaurant shall be placed in garbage bags of heavy, multi-ply paper of polyethylene or ethylene copolymer resin or other such material so liquids and greases will not be able to penetrate through the material and be of sufficient thickness and strength to contain the garbage enclosed without tearing or ripping under normal handling. The bags shall be securely tied or sealed to prevent emission of odors and then shall be placed in a dumpster of sufficient size to contain all the garbage generated by such restaurant between the regularly scheduled pick up for such dumpster. The dumpsters shall also have a strong and secure lid which shall be closed completely at all times except when loading or unloading such dumpster. (1999 Code § 18.04)
7-1A-4: NUISANCE CONDITIONS:
A. Nuisance Declared; Notice: Any garbage that is stored, deposited or placed for collection in a manner contrary to this article is expressly declared to be a nuisance, and the owner or manager of such restaurant shall be given written notice of such nuisance by the village chief of police or his designee, and the owner or manager of shall abate such nuisance within forty eight (48) hours of such notice.
B. Abatement By Village; Costs To Owner: Should the owner or manager fail to abate such nuisance within the time allowed, the village and/or its agents or employees may abate such nuisance, and the cost of abating such nuisance shall be the responsibility of such owner or manager and may be recoverable in an action maintained in a court of competent jurisdiction. (1999 Code § 18.04)
7-1A-5: PENALTY:
Any person who shall violate the provisions of this article by creating, maintaining or causing to be created or maintained a nuisance, shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense in addition to paying for any abatement expenses. Each day or portion thereof for which any nuisance is continued, maintained or suffered to be continued or maintained by the person creating, causing or suffering the same to be created or maintained, after reasonable notice to abate the same, shall be deemed a separate and distinct offense. (1999 Code § 18.05; amd. 2005 Code)
7-2A-1: DEFINITIONS:
For the purpose of this article the following definitions shall apply:
BACKFLOW: Water of questionable quality, wastes or other contaminants entering a public water supply system due to a reversal of flow.
CROSS CONNECTION: A connection or arrangement of piping or appurtenance through which a backflow could occur.
SAFE AIR GAP: The minimum distance of a water inlet or opening above the maximum high water level or overflow rim in a fixture, device or container to which public water is furnished which shall be at least two (2) times the inside diameter of the water inlet pipe; but shall not be less than one inch (1") and need not be more than twelve inches (12").
SECONDARY WATER SUPPLY: A water supply system maintained in addition to a public water supply which in any way has been treated, processed or exposed to any possible contaminant or stored in other than an approved storage facility.
SUBMERGED INLET: A water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant and which is unprotected against backflow.
WATER UTILITY: The village of Waterman water department. (Ord. 82-1, 12-7-1981; amd. 2005 Code)
7-2A-2: COMPLIANCE WITH EXISTING LAWS:
A connection with a public water supply system shall comply with existing laws and rules and the provisions of the ordinances of the village of Waterman and Illinois state plumbing code. (Ord. 82-1, 12-7-1981)
7-2A-3: CROSS CONNECTIONS PROHIBITED:
Cross connection of the public water supply system and any other water supply system or source including, but not limited to, the following is prohibited:
A. Between a public water supply system and a secondary water supply.
B. By submerged inlet.
C. Between a lawn sprinkling system and the public water supply system.
D. Between a public water supply and piping which may contain sanitary waste or a chemical contaminant.
E. Between a public water supply system and piping immersed in a tank or vessel which may contain a contaminant. (Ord. 82-1, 12-7-1981)
7-2A-4: LOCAL CROSS CONNECTION CONTROL PROGRAM:
The village shall develop a comprehensive control program for the elimination and prevention of all cross connections, and removal of all existing cross connections and prevention of all future cross connections. (Ord. 82-1, 12-7-1981)
7-2A-5: CORRECTIONS AND PROTECTIVE DEVICES:
Any user of Waterman water shall obtain written approval from the water department of any proposed corrective action or protective device before using or installing it. The total time allowed for completion of the necessary corrections shall be contingent upon the degree of hazard involved and include the time required to obtain and install equipment. If the cross connection has not been removed within the time as hereinafter specified, the village shall physically separate the Waterman water supply from the on site piping system in such manner that the two (2) systems cannot be connected by any unauthorized person. (Ord. 82-1, 12-7-1981)
7-2A-6: PIPING IDENTIFICATION:
When a secondary water source is used in addition to the Waterman water supply, exposed Waterman water and secondary water piping shall be identified by distinguishing colors or tags and so maintained that each pipe may be traced readily in its entirety, it will be necessary to protect the Waterman water supply at the service connection in a manner acceptable to the water department. (Ord. 82-1, 12-7-1981)
7-2A-7: PRIVATE WATER STORAGE TANKS:
A private water storage tank supplied from the Waterman water supply system shall be deemed a secondary water supply unless it is designed and approved for potable water usage. (Ord. 82-1, 12-7-1981)
7-2A-8: ELIMINATION OF EXISTING CROSS CONNECTIONS:
Within one year from the effective date hereof, all existing cross connections to the Waterman water supply system shall be eliminated. The expenses of such elimination shall be that of the owner of the property on which such cross connection exists. (Ord. 82-1, 12-7-1981)
7-2A-9: INSPECTIONS:
The water department of the village or any representative thereof shall have the authority to inspect any premises to determine the presence of an existing cross connection and to order the elimination of such cross connection. (Ord. 82-1, 12-7-1981)
7-2A-10: VIOLATIONS; DISCONTINUANCE OF WATER SERVICE:
The water department is hereby authorized to discontinue water service after a reasonable notice to any person owning any property where a cross connection in violation of this article exists. The water department may take such other precautionary measures as necessary to eliminate any danger of the contamination of the Waterman water supply system. Water service to such property shall not be restored until such cross connection has been eliminated. (Ord. 82-1, 12-7-1981)
7-3A-1: 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, applicable surcharges and local capital cost charge composed of a debt service charge and a capital improvement charge.
A. Debt Service Charge: The debt service charge is computed by dividing the annual debt service of all outstanding loans, bonds, etc., by the number of users. Through further divisions, the monthly debt service charges can be computed.
B. Capital Improvement Charge: The capital improvement charge is levied on all users to provide for capital improvements, extensions or reconstruction of the sewage treatment works. The capital improvement charge is computed by apportioning the annual amount to be accrued as a fixed charge per month.
C. Basic User Charge:
1. The basic user charge shall be levied on all users for wastes having the following normal domestic concentrations:
a. A five (5) day twenty degree centigrade (20°C) biochemical oxygen demand (BOD) of two hundred milligrams per liter (200 mg/l).
b. A suspended solids (SS) content of two hundred fifty milligrams per liter (250 mg/l).
2. The basic user charge shall consist of operation and maintenance costs, plus replacement, and shall be computed as follows:
a. Estimate wastewater volume, pounds of SS and pounds of BOD to be treated.
b. Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund, for the year, for all works categories.
c. Proportion the estimated operation, maintenance and replacement (OM&R) costs to each user class by volume, suspended solids and BOD.
d. Proportion the estimated OM&R costs to wastewater facility categories by volume, suspended solids and BOD.
e. Compute costs per one thousand (1,000) gallons for normal sewage strength.
f. Compute surcharge costs per pound per one thousand (1,000) gallons in excess of normal sewage strength for BOD and SS.
D. Surcharge: A surcharge will be levied on all users whose waters exceed the normal domestic concentrations for BOD (200 mg/l) and SS (250 mg/l). The surcharge will be based on water usage for all wastes which exceed the two hundred milligrams per liter (200 mg/l) and two hundred fifty milligrams per liter (250 mg/l) concentration for BOD and SS, respectively. Subsection 7-3A-4B of this article specifies the procedure to compute a surcharge. (1999 Code § 13.09)
7-3A-2: MEASUREMENT OF FLOW:
The volume of flow used for computing basic user charges and surcharges shall be based on an estimated flow of nine thousand (9,000) gallons per month for each residential user. All other users shall be billed proportionally in accordance with their anticipated wastewater flow volume and strength as approved by the Village Board.
A. Types Of Measuring Devices:
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 shall install and maintain, at his expense, water meters of a type approved by the Superintendent of Public Works 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 Superintendent of Public Works if these volumes cannot otherwise be determined.
B. Installation And Maintenance Of Measuring Devices; Removal Restricted: Metering devices for determining the volume of waste shall be installed, owned and maintained by the person. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the Superintendent of Public Works. (1999 Code § 13.09)
7-3A-3: RATES AND CHARGES ESTABLISHED:
A. Local Capital Cost Charge:
1. Debt Service Charge: A debt service charge of zero dollars ($0.00) per month, to each user of the wastewater facility of the Village is hereby established.
2. Capital Improvement Charge: A capital improvement charge will be levied on all users as a fixed charge of five dollars seventy three cents ($5.73) per month (for a typical residential user) to provide funds for extension, improvement or reconstruction of the sewage treatment works.
B. Basic User Rate: There shall be and there is hereby established a basic user rate for the use of and for service supplied by the wastewater facilities of the Village:
1. Minimum Flat Rate: All nonmetered residential users of the wastewater facilities shall pay a minimum flat rate charge per month adequate to cover the costs of the minimum accrual capital cost charge, the minimum service charge and the basic user rate. The flat rate charge will be six dollars twenty seven cents ($6.27) per month.
2. Metered Rate: In the event use of the wastewater facilities is determined by the Superintendent of Public Works to be in excess of nine thousand (9,000) gallons per month, the Superintendent of Public Works may require such flat rate user to install metering devices on the water supply or sewer main to measure the amount of service supplied.
C. Surcharge Rate: The rates of surcharges for BOD and SS shall be as follows:
Per pound of BOD | $1.01 |
Per pound of SS | 0.82 |
(1999 Code § 13.09)
D. Sanitary Sewer Use Rates: The following quarterly sanitary sewer use rates billed every three (3) months are hereby established for sanitary sewer use.
1. Sewer Use Rates: The following quarterly sewer use rates billed every three (3) months are hereby established for sewer use, to wit:
Residential rate:
$23.01 per quarter minimum base charge for first 6,000 gallons
$2.27 per 1,000 gallons over 6,000 gallons
Commercial rate:
$23.01 per quarter minimum base charge for first 6,000 gallons
$2.27 per 1,000 gallons from 6,001 to 19,000 gallons
$2.36 per 1,000 gallons from 19,001 to 50,000 gallons
$2.42 per 1,000 gallons over 50,000 gallons
Industrial rate:
$32.46 per quarter minimum base charge for first 6,000 gallons
$4.17 per 1,000 gallons from 6,001 to 19,000 gallons
$4.60 per 1,000 gallons from 19,001 to 75,000 gallons
$5.04 per 1,000 gallons from 75,001 to 400,000 gallons
$5.47 per 1,000 gallons from 400,001 to 500,000 gallons
$5.90 per 1,000 gallons over 500,000 gallons
(Ord. 2018-07, 12-11-2018)
7-3A-4: COMPUTATION OF CHARGES:
A. Computation Of Surcharge: The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Superintendent of Public Works and shall be binding as a basis for surcharges.
B. Computation Of Wastewater Service Charge: The wastewater service charge shall be computed by the following formula:
CW = CC + CD + CM + (Vu-X)CU + CS
Where | CW | = | Amount of waste service charge ($) per billing period |
CD | = | Debt service charge (subsection 7-3A-3A1 of this article) | |
CC | = | Capital improvement charge (subsection 7-3A-3A2 of this article) | |
CM | = | Minimum charge for operation, maintenance and replacement (subsection 7-3A-3B of this article) | |
Vu | = | Wastewater volume for the billing period | |
X | = | Allowable consumption in gallons for the minimum charge (subsection 7-3A-3B of this article) | |
CU | = | Basic user rate for operation, maintenance and replacement (subsection 7-3A-3B of this article) | |
CS | = | Amount of surcharge (this section) | |
Example for typical residential user:
Monthly bill = $5.73 + $0 + $6.27 + $0 + $0 = $12.00
(1999 Code § 13.09)
7-3A-5: REVIEW OF CHARGES; REVISIONS:
The adequacy of the wastewater service charge shall be reviewed, not less often than 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 local capital costs or a change in operation and maintenance costs including replacement costs. (1999 Code § 13.09)
7-3A-6: REVENUES:
A. All revenues and monies derived from the operation of the sewerage system shall be deposited in the sewerage account of the Sewerage Fund. All such revenues and monies shall be held by the Village Treasurer separate and apart from all other funds of the Village, and all of said sum, without any deductions 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 directed by the Mayor and Board of Trustees. (1999 Code § 13.10)
B. The Village Treasurer shall receive all such revenues from the sewerage system and all other funds and monies incidental to the operation of such system as the same may be delivered to him and deposit the same in the account of the fund designated as the "Sewerage Fund of the Village of Waterman". The Treasurer shall administer such fund in every respect in the manner provided by statute. (1999 Code § 13.10; amd. 2005 Code)
7-3A-7: ACCOUNTING:
A. System Of Accounts: The Village Treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular intervals, he shall cause to be made an audit by an independent auditing concern, of the books to show the receipt and disbursements of the sewerage system.
B. Annual Audit Report: In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do, in fact, meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following:
1. Flow data showing total gallons received at the wastewater plant for the current fiscal year.
2. Billing data to show total number of gallons billed per fiscal year.
3. Debt service for the next succeeding fiscal year.
4. Number of users connected to the system.
5. Number of nonmetered users.
6. A list of users discharging nondomestic and industrial wastes and volume of wastes discharged. (1999 Code § 13.10)
7-3A-8: NOTICE OF RATES AND CHARGES:
Each user will be notified by the Village in conjunction with a regular bill, of the rate and that portion of the user charges or ad valorem taxes which are attributable to wastewater treatment services, including the financial information of subsection 7-3A-7B of this article. (1999 Code § 13.10)
7-3A-9: ACCESS TO RECORDS:
The IEPA 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 and/or Federal regulations and conditions of the Federal grant. (1999 Code § 13.10)
7-3A-10: APPEALS:
The method for computation of rates and service charges established for user charges in sections 7-3A-3 and 7-3A-4 of this article shall be made available to a user within ten (10) 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 thirty (30) days after notification of a formal written appeal outlining the discrepancies. (1999 Code § 13.11)
7-3A-11: PENALTY:
Any person, firm or corporation violating any provision of this article shall be fined as provided in section 1-4-1 of this Code for each offense. (1999 Code § 13.10; amd. 2005 Code)