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Ordinance 1990-22 ORDINANCE NO�j/-' An ordinance regulating : The use of public and private sewers and drains, private sewage disposal , the installation and connection of building sewers, the discharge of waters and wastes into the public sewer system and providing penalties for violations thereof ; the levying of charges for wastewater services (use charges) . In the City of Yorkville County of Kendall , State of Illinois. Be it ordained and enacted by the City Council of the United City of the Village of Yorkville, State of Illinois, as follows: 2 Page No. CHAPTER 0 SEWER USE ORDINANCE 2 ARTICLE I REQUIRED USE OF PUBLIC SEWERS 3 II PRIVATE SEWAGE DISPOSAL 4 III BUILDING SEWERS AND CONNECTIONS 5 IV USE OF PUBLIC SEWERS 7 V PROTECTION OF SEWAGE WORKS 12 VI POWERS AND AUTHORITY OF INSPECTORS 12 VII PENALTIES 13 VIII VALIDITY 14 IX ORDINANCE IN FORCE 14 CHAPTER 00 WASTEWATER SERVICE CHARGES 15 ARTICLE I WASTEWATER SERVICE CHARGES 15 II GENERAL PROVISIONS 17 III EFFECTIVE DATE OF RATES 19 IV VALIDITY 19 V APPEALS 20 VI ORDINANCE IN FORCE 20 APPENDIX NO. 1 DEFINITIONS 21 APPENDIX NO. 2 SEWER PERMIT APPLICATIONS 27 1 IL ti Chapter 0 - Sewer Use Ordinance ARTICLE I Use of Public Sewers Required Sec . 1 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 City of Yorkville or in any area under the jurisdiction of said City any human or animal excrement, garbage or other objectionable waste. Sec. 2 It shall be unlawful to discharge to any natural outlet within the City of Yorkville, or in any area under the jurisdiction of said City , any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Sec. 3 Except as hereinafter provided , it shall be unlawful to construct or maintain any privy , privy vault , septic tank , cesspool , or other facility intended or used for the disposal of sewage. Sec. 4 The owner of each house, building , or property used for human occupancy , employment, recreation , or other purpose which is situated within the City of Yorkville or is within one and one-half miles of the corporate limits of Yorkville 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 City , is hereby required at his/her expense to install suitable sanitary facilities therein , and to connect such facilities directly to the Yorkville Sanitary Sewer System in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within 250 feet of the property line, for single family homes and zoning lots . Proposed multi-- family zoning lots, residential subdivisions, and commercial or industrial zoning lots within one and one-half miles of the corporate limits of Yorkville shall be connected to the Yorkville Sanitary Sewer System at the owner ' s expense if the property is within 250 feet of said public sanitary sewer for each proposed lot , or for each proposed family unit in the case of multi-family zoning lots. (Example: A 10 lot subdivision is required to be connected to sanitary sewer facilities if it is within 2500 feet of existing sewer facilities . ) 3 t , ARTICLE II Private Sewage Disposal Sec. 1 Where a public sanitary (or combined ) sewer is not available under the provisions of Article I , Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article. Sec. 2 Before commencement of construction of a private sewage disposal system, the owner shall first apply for a special use permit from the Yorkville Plan Commission . Only upon recommendation of the Plan Commission and approval by City Council shall a private sewage disposal facility be allowed . City Council shall authorize the Mayor to sign such a permit . Application shall be made on a form furnished by the City (see Appendix #2) , which the applicant shall supplement by any plans, specifications and other information as deemed necessary . A permit and inspection fee of $20.00 shall be paid to the City of Yorkville at the time the application is filed . Sec. 3 A permit for a private sewage disposal system shall not become effective until the installation is completed in accordance with the approved plans and specifications. The Building Inspector shall be allowed to inspect the work at any stage of construction and , in any event , the applicant for the permit shall notify the Building Inspector when the work is ready for final inspection , and before any underground portions are covered . The inspection shall be made within 24 hours of the receipt of written notice by the City . Sec. 4 The type, capacities, location , and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act and Code and with the State of Illinois Environmental Protection Agency . 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 43, 560 square feet ( 1 Acre) . No septic tank or cesspool shall be permitted to discharge to any natural outlet. Sec. 5 At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article I , Section 4 , and upon failure of that septic system as determined by the Yorkville Building Inspector , a direct connection shall be made to the public sewer in compliance with this ordinance within ninety (90) days. Any septic tanks, cesspools , and similar private sewage disposal facilities shall be abandoned and filled with suitable material . 4 Sec. b The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the City . Sec. 7 No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the County Health Department . Sec. 8 When a private sewage disposal system is abandoned within the Yorkville corporate limits, it shall be cleaned of sludge and filled with clean , bank-run gravel or dirt . ARTICLE III Building Sewers and Connections Sec. 1 No unauthorized person shall uncover , make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City of Yorkville. Sec. 2 All disposal by any person into the sewer system is unlawful except those discharges in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent State and local standards. Sec. 3 There shall be two (2) classes of building sewer permits: (a) residential , wastewater service, and ( b) 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 City (see Appendix #2) . The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the City Engineer . A permit and inspection fee of $150.00 for a residential or commercial building sewer permit shall be paid to the City at the time the application is filed . The industrial applicants, as a condition of permit authorization , must provide information describing their wastewater constituents, characteristics, and type of activity . Sec. 4 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 additional anticipated waste load . 5 Sec. 5 . 1 costs and expenses incident to the ins_.Allation and connection of the building sewer shall be borne by the owner . The owner shall indemnify the ,City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Sec. 6 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. Sec. 7 Old building sewers may be used in connection with new buildings only when they are found , on examination and test by the Public Works Department , to meet all requirements of this ordinance. Sec. 8 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 latest revised requirements of the B.O.C.A. National Building Code, Illinois Plumbing Code, and the Standard Specifications for Water & Sewer Main Construction in Illinois. Sec. 9 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 Article III , Section 2, and discharged to the building sewer . Sec. 10 No person (s) shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain , which in turn is connected directly or indirectly to a public sanitary sewer . Sec. 11 The connection of the building sewer into the public sewer shall conform to the latest revised requirements of the B.O.C.A. National Building Code, Illinois Plumbing Code, and the Standard Specifications for Water & Sewer Main Construction in Illinois. Sec. 12 The applicant for the building sewer permit shall notify the City 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. 6 Sec. 13 rill excavation 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 City . ARTICLE IV Use of the Public Sewers Sec. 1 No person shall discharge, or cause to be discharged , any stormwater , surface water , groundwater , roof runoff , subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer . Sec. 2 Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City Engineer. Industrial cooling water or unpolluted process waters may be discharged on approval of the Engineer, to a storm sewer , combined sewer , or natural outlet. Sec. 3 No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a ) Any gasoline, benzene, naphtha , fuel oil , or other flammable or explosive liquid , solid , or gas. ( b) 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 . ( c ) 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 . 7 i d ) Solid or viscous substances in quanta( _es or 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. Sec. 4 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 Director of the Yorkville-Bristol Sanitary District 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 the opinion as to the acceptability of these wastes, the Director 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 ( 100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty degrees Fahrenheit ( 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 City Engineer. (d ) Any waters or wastes containing strong acid , iron pickling wastes, or concentrated plating solution , whether neutralized or not. 8 (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 Yorkville-Bristol Sanitary District 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 Yorkville-Bristol Sanitary District 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 Yorkville-Bristol Sanitary District in compliance with applicable 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 mg/1 as Hg at any time except as permitted by the Yorkville-Bristol Sanitary District in compliance with applicable State and Federal regulations. (j ) Any cyanide in excess of 0.025 mg/1 at any time except as permitted by the Yorkville-Bristol Sanitary District 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, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) ; (2) excessive 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; 9 (4) unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein . ( 1 ) 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 the receiving waters. Sec. 5 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 Section 4 of this Article, 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 judgement of the City of Yorkville 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 City 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 11 of this Article. If the City 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 City Engineer, and subject to the requirements of all applicable codes, ordinances, and laws. Sec. 6 Grease, oil , and sand interceptors shall be provided when , in the opinion of the City Engineer 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 Engineer, and shall be located as to be readily and easily accessible for cleaning and inspection . 10 Sec. 7 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. Sec. 8 Each industry shall be required to install a control manhole and , when required by the City Engineer, 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 accessible and safely located , and shall be constructed in accordance with plans approved by the City Engineer. 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. Sec. 9 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 ordinance and any special conditions for discharge established by City of Yorkville, Yorkville-Bristol Sanitary District, or regulatory agencies having jurisdiction over the discharge. The number , type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the City , but no 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 are being met. The owner shall report the results of measurements and laboratory analyses to the City at such times and in such a manner as prescribed by the City . The owner shall bear the expense of all measurements, analyses, and reporting required by the City . At such times as deemed necessary , the City reserves the right to take measurements and samples for analysis by an outside laboratory service. Sec. 10 All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance 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 11 •eflect the effect of constituents upon ti. . 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 premise is appropriate or whether a grab sample or samples should be taken . Normally , but not always , BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH' s are determined from periodic grab samples. Sec. 11 No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City of Yorkville, Yorkville- Bristol Sanitary District, and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City and Sanitary District for transport and treatment , subject to payment therefore, in accordance with Chapter 00, Article I , hereof , by the industrial concern provided such payments are in accordance with Federal and State guidelines for User Charge System. ARTICLE V Protection of Sewage Works from Damage Sec. 1 No unauthorized person shall maliciously , willfully , 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 provision shall be subject to immediate arrest under charge of disorderly conduct. ARTICLE VI Powers and Authority of Inspectors Sec. 1 The City of Yorkville and other duly authorized employees of the City , 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 ordinance. The City or their 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. 12 Sec. 2 While performing the necessary work on private properties referred to in Article VI , Section 1 above, the City of Yorkville or duly authorized employees of the City , 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 City employees and the City 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 Article IV, Section 9. Sec. 3 The City of Yorkville and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City 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 . ARTICLE VII Penalties Sec. 1 Any person found to be violating any provision of this ordinance except Article V shall be served by the City of Yorkville 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. The City may revoke any permit for sewage disposal as a result of any violation of any provision of this ordinance. Sec . 2 Any person who shall continue any violation beyond the time limit provided for in Article VII , Section 1 , shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $250.00 for each violation . Each day in which any such violation shall continue shall be deemed a separate offense. Sec. 3 Any person violating any of the provisions of this ordinance shall become liable to the City of Yorkville by reasons of such violation . 13 ARTICLE VIII Validity Sec. 1 All ordinances or parts of ordinances in conflict herewith are hereby repealed . Sec. 2 The invalidity of any section , clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. ARTICLE IX Ordinance in Force Sec. 1 This ordinance shall be in full force and effect from and after its passage, approval , recording , and publication as provided by law. Sec. 2 Passed and adopted by City Council of the United City of the Village of Yorkville of Kendall County , State of Illinois on the 1 '/%%L day of _ , c , (Mon h) (Year ) Approved this day of Yc :?C-A' ;)t / r Robert E. Davidson , Jr . (Mayor of Yorkville) Attest: Luanne J . Erickson (City Clerk ) 14 CHAPTER 00 WASTEWATER SERVICE CHARGES ARTICLE I Wastewater Service Charges Sec. 1 Basis for sewer maintenance charges: The sewer maintenance charge for the use of and for service supplied by the sanitary sewer facilities of the City shall consist of a basic user charge and a debt service charge. Sec. 2 The basic user charge is levied on all users to recover the operation , maintenance and replacement (O,M & R) costs and shall be based on the annual composite water usage as recorded by water meters or sewage meters for wastes having the following normal domestic concentrations: (a) A five day , 20 degree centigrade biochemical oxygen demand (BOD) of 200 Mg/L. ( b) A suspended solids content of 250 Mg/L. The basic user charge shall be computed as follows: (a ) Estimate the annual wastewater volume, utilizing current water use records. ( 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 O,M & R costs to each of two (2) classes; residential and nonresidential , based on annual volumes released to the sanitary sewer. Sec. 3 The debt service charge is assigned to residential and nonresidential users of the sanitary sewer system. Sec. 4 The adequacy of the sewer maintenance charge shall be reviewed , not less often than annually , by Certified Public Accountants for the City in their annual audit report. The sewer maintenance charges shall be revised periodically to reflect a change in local capital costs or O,M & R costs . Sec. 5 The users of the sanitary sewer facilities will be notified annually , in conjunction with a regular bill , of the rate and that portion of the user charges which are attributable to the wastewater operation , maintenance and replacement . 15 Sec . 6 Measurement of flow: The volume of flow used for computing basic user charges for each ,class shall be the annual composite of metered water consumption for each respective class, read to the lowest even increments of 1 million gallons. (a ) 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 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 Public Works Department for the purpose of determining the volume of water obtained from these other sources . ( b) Devices for measuring the volume of waste discharged may be required by the City Engineer if these volumes cannot otherwise be determined from the metered water consumption records. ( c) Metering devices for determining the volume of waste shall be installed , owned , and maintained by the contributor to the sanitary sewer . Following approval and installation , such meters may not be removed , unless service is cancelled , without the consent of the City Engineer . Sec. 7 Basic User Charge: There is hereby established a basic user charge of $7 . 13 bimonthly for residential users of the Yorkville sanitary sewer system and $17.30 bimonthly for nonresidential users to recover O,M & R costs. Sec. 8 Debt Service Charge: There is hereby established a debt service charge of $4.87 bimonthly for residential users of the Yorkville sanitary sewer system and $0.70 bimonthly for nonresidential users of the sanitary sewer facilities. Sec. 9 Computation of Sewer Maintenance Charge: The total sewer maintenance charge shall be a summation of the basic user charge and the debt service charge for each class as shown below. Residential - Basic User Charge: $7 . 13 Debt Service Charge: $4 .87 Total : $12.00 Nonresidential - Basic User Charge: $17 .30 Debt Service Charge: $0.70 Total : $1B.00 16 ARTICLE II General Provisions Sec. 1 Bills: Said rates or charges for service shall be payable bimonthly . 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 to such premises and the service is furnished to the premises by the City only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the City of Yorkville. Bills for sewer service shall be sent out by the City Treasurer on the first day of the month succeeding the bimonthly period for which the service is billed . All sewer bills are due and payable 30 days after being sent out . A penalty of 8.0 percent shall be added to all bills not paid by the 30th day after they have been rendered . Sec. 2 Delinquent Bills: If the charges for such services are not paid within 30 days after the rendition of the bill for such services, such services shall be discontinued without further notice and shall not be reinstated until all claims are settled . Sec. 3 Lien-Notice of Delinquency : Whenever a bill for sewer service remains unpaid for 180 days after it has been rendered , the City Treasurer shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served , the amount of the unpaid bill , and a notice that the City of Yorkville claims a lien for this amount as well as for all charges subsequent to the period covered by the bill . If the user, whose bill is unpaid , is not the owner of the premises, and City Treasurer has notice of this, notice shall be mailed to the owner of the premises if his address be known to the Treasurer , whenever such bill remains unpaid for a period of 90 days after it has been rendered . The failure of the City Treasurer to record such lein or to mail such notice or the failure of the owner to -receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section . 17 Sec. 4 Foreclosure of Lien : Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and 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 City of Yorkville. The City attorney is hereby authorized and directed to institute such proceedings in the name of the City of Yorkville in any court having jurisdiction over such matters against any property for which the bill has remained unpaid for 180 days. Sec. 5 Revenues: All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account of the sewerage fund . All such revenues and moneys shall be held by the City Treasurer separate and apart from his private funds and separate and apart from all other funds of the City and all of said sums, without any deductions whatever , shall be delivered to the City Treasurer not more than ten days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the Mayor and City Council . The City treasurer shall receive all such revenues from the sewerage system and all other funds and moneys incident 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 "Sewer Maintenance Fund of the City of Yorkville. " Said treasurer shall administer such fund in every respect in the manner provided by statute of the "Revised Cities and Villages Act, " effective January , 1942. Sec. b Accounts: The City 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 annual intervals the treasurer shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system. In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the sewer maintenance fund , including a replacement cost, to indicate that sewer service charges under the waste 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. 18 Billing data to show total number of lions billed per fiscal year. 3. Debt service for the next succeeding fiscal year . 4 . Number of users connected to the system. 5. Number of non-metered users. 6. A list of users discharging non-domestic and industrial wastes and volume of waste discharged . Sec. 7 Any person , firm or corporation violating any Provisions of this article shall be fined not less than $250.00 nor more than $500.00 for each offense. Sec.8 Access to Records: The IEPA or USEPA or their authorized representative shall have access to any books, documents, papers and records of the City which are applicable to the City system of user charges for the purpose of making audit , examination , excerpts and transcriptions thereof to insure compliance with the terms of : Special and General Conditions to any State Grant; Federal Regulations and Conditions of the Federal Grant; Loan Agreement and Rules of any State Loan . ARTICLE III Effective Date of Rates The rates and service charges established for user charges in Article I shall be effective as of the next fiscal year beginning 5-1-91 and on bills to be rendered for the following billing period , being 7-1-91 . ARTICLE IV Validity That if any section , paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason , the invalidity or unenforceability of such section , paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. 19 ARTICLE V Appeals The method for computation of rates and service charges established for user charges in Article I 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 a court of law after notification of a formal written appeal outlining the discrepencies. ARTICLE VI Ordinance in Force Sec. 1 This Ordinance shall be in full force and effect from and after its passage and approval and publication as provided by law. Sec. 2 Passed and adopted by City Council of the United City of the Village of Yorkville of Kendall County , State of Illinois on the 7i/� day of (Month) (Year ) �C Approved this �' "f� day of �� �_)�.�� r / l 0 obert E. Davidson , Jr. (Mayor of Yorkville) Attest: _- Luainne J . Erickson (City Clerk ) 20 APPENDIX #1 DEFINITIONS 21 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Sec. 1 Federal Government "Federal Act" means the Federal Clean Water Act (33 U.S.C. 466 et seq ) as amended , (Pub. L. 95-217) . "Administrator" means the Administrator of the U.S. Environmental Protection Agency . "Federal Grant" shall mean the U.S. government ' s participation in the financing of the construction of treatment works as provided for by Title II-Grants for Construction of Treatment Works of the Act and implementing regulations. Sec. 2 State Government "State Act" means the Illinois Anti-Pollution Bond Act of 1970. "Director" means the Director of the Illinois Environmental Protection Agency . "State Grant" shall mean the State of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti- Pollution Bond Act and for making such grants as filed with the Secretary of State of the State of Illinois. Sec. 3 Local Government "Ordinance" means this ordinance. "City" means the United City of the Village of Yorkville. "Sanitary District" means the Yorkville-Bristol Sanitary District. Sec. 4 "Person" shall mean 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 . Sec. 5 "NPDES" Permit" means 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 section 402 of the Federal Act. 22 Sec. b Clarification of word usage: "Shall " is mandatory ; "may" is permissible. Sec . 7 Wastewater and its characteristics: "Wastewater" shall mean the spent water of a community . From this standpoint of course, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater , surface water, and stormwater that may be present. "Sewage" is used interchangeably with "wastewater" . "Effluent Criteria" are defined in any applicable "NPDES Permit" . "Water Quality Standards" are defined in the Water Pollution Regulations of Illinois. "Unpolluted Water" is 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 . "PPM" shall mean parts per million by weight. "Milligrams per Liter" shall mean a unit of the concentration of water or wastewater constituent . It is 0.001 g of the constituent in 1 ,000 ml of water. It has replaced the unit formerly used commonly , parts per million , to which it is approximately equivalent, in reporting the results of water and wastewater analysis. "Suspended Solids" (SS) shall mean 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. "HOD" (denoting Biochemical Oxygen Demand ) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five ( 5) days at 20 C, expressed in milligrams per liter. "pH" shall mean 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. 23 ✓ "Garbage" shall mean solid wastes from the domestic and commercial preparation , cooking , and dispensing of food , and from the handling , storage and sale of food . "Properly Shredded Garbage" shall mean the wastes from the preparation , cooking , and dispensing of food 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 ( 1/2) inch ( 1 .27 centimeters) in any dimension . "Floatable Oil " is oil , fat , or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility . Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. "Population Equivalent" is a term used to evaluate the impact of industrial or other wastes on a treatment works or stream. One population equivalent is 100 gallons of sewage per day , containing 0. 17 pounds of BOD and 0.20 pounds of suspended solids. "Slug" shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of low, exceeds for any period of duration longer than fifteen ( 15) minutes, more than five ( 5) times the average twenty-four (24 ) hour concentration or flows during normal operation . " Industrial Waste" shall mean 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. "Major Contributing Industry" shall mean an industrial user of the publicly owned treatment works that: (a) has a flow of 50,000 gallons or more per average work day ; ( b) has a flow greater than ten percent of the flow carried by the municipal system receiving the waste; ( c ) has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Federal Act; (d ) is found by the permit issuant authority , in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact , either singly or in combination with other contributing industries , on that treatment works or upon the quality of effluent from that treatment works . 24 Sec. 8 "Sewer" shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage. "Public Sewer" shall mean a sewer provided by or subject to the jurisdiction of the City of Yorkville. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sanitary sewer system, even though those sewers may not have been constructed with City funds. "Sanitary Sewer" shall mean a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and groundwaters or polluted industrial wastes are not intentionally admitted . "Storm Sewer" shall mean a sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial wastes other than unpolluted cooling water. "Combined Sewer" shall mean a sewer which is designed and intended to receive wastewater, storm, surface and groundwater drainage. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal . "Building Drain" shall mean 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 ( 5) feet ( 1 . 5 meters outside the inner face of the building wall . "Control Manhole" shall mean 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 City or Sanitary District representative to sample and/or measure discharges. "Stormwater Runoff" shall mean that portion of the precipitation that is drained into the sewers . "Sewerage" shall mean the system of sewers and appurtenances for the collection , transportation and pumping of sewage. "Easement" shall mean an acquired legal right for the specific use of land owned by others . 25 Sec. 9 "Pretreatment" shall mean the treatment of wastewaters from sources before introduction into ,the wastewater treatment works. "Wastewater Treatment Works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "pollution control plant" . Sec. 10 "Wastewater Facilities" shall mean the structures, equipment, and processes required to collect, carry away , and treat domestic and industrial wastes and transport effluent to a watercourse. Sec. 11 Watercourse and connections: "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently . "Natural Outlet" shall mean any outlet into a watercourse, pond , ditch, lake, or other body of surface or groundwater. Sec. 12 User Types: "User Class" shall mean the type of user , either residential or nonresidential as defined herein . "Residential User" shall mean all dwelling units such as houses, mobile homes, apartments, or permanent multi-family dwellings. "Nonresidential User" shall include the following : a ) Commercial users including transit lodging , retail and wholesale establishments or places engaged in selling merchandise, or rendering services. b) Institutional /Governmental users including schools, churches, penal institutions, and users associated with Federal , State and Local Governments . Sec. 13 Types of Charges : "User Charge" shall mean a charge levied on all users of the Yorkville Sanitary Sewer System as outlined in Chapter 00, Article I for the cost of operation , maintenance, and replacement . "Debt Service Charge" shall be the amount to be paid each billing period for payment of interest, principal and coverage of loans outstanding . 26 APPENDIX #2 APPLICATIONS FOR SEWER PERMITS a ) Residential Application b) Commercial Application c ) Private Sewage Disposal Application 27 City of Yorkville RESIDENTIAL BULDING SEWER APPLICATION BLOCK # LOT # STREET ADDRESS A. THE UNDERSIGNED, being the owner or owner ' s agent of property located at the above address, DOES HEREBY REQUEST a permit to install a sanitary sewer service to serve a: ❑ Single Family Home ❑ Duplex ❑ Multi-Family Building (No. of Units ) B. The following fixtures will be connected to sanitary sewer: FIXTURE NUMBER FIXTURE NUMBER Bath Tub Lavatory Garbage Grinder Shower Kitchen Sink Urinal Laundry Tub Water Closet Maximum number of occupants using above fixtures C1. Name and address of person or firm performing work : D. In consideration of the granting of this permit, THE UNDERSIGNED AGREES: to accept and abide by all current provisions of the City of Yorkville and all other pertinent ordinances or regulations that may be adopted in the future; to maintain the building sewer at no expense to the City ; to notify City of Yorkville when the building sewer is ready for inspection and connection to the public sewer, but before any portion of the work is covered . SIGNED: DATE: ( ❑ Owner ❑ Owner' s Agent ) (Address) $ Connection Fee Paid -'PROVED: DATE : (Approving Authority ) *This application must be accompanied by plans & specifications o , City of Yorkville COMMERCIAL, INSTITUTIONAL/GOVERNMENTAL, AND INDUSTRIAL SEWER CONNECTION APPLICATION BLOCK # LOT # STREET ADDRESS NAME OF PROPOSED BUSINESS OR COMPANY A. THE UNDERSIGNED, being the owner or owner' s agent of property located at the above address, DOES HEREBY REQUEST a permit to install a sanitary sewer service to serve the following zoning lot: ❑ Office ❑ Business ( ❑ Commercial ❑ Institutional ❑ Governmental ) ❑ Industrial B. The following fixtures will be connected to sanitary sewer: FIXTURE NUMBER FIXTURE NUMBER Garbage Grinder Wash Basin Lavatory Water Closet Shower Other Urinal Other C. The following exhibits shall be included with this application : 1 ) A plat of the property showing accurately all sewers and drains and the proposed point( s ) of connection to sanitary sewer. 2) Plans and specifications for the proposed improvements. 3) A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property , including a description of the character of each waste, the daily volume and maximum rates of discharge. D. Name and address of person or firm performing work : E. In consideration of the granting of this permit, THE UNDERSIGNED AGREES: to accept and abide by all current provisions of the City of Yorkville and all other pertinent ordinances or regulations that may be adopted in the future; to maintain the building sewer at no expense to the City ; to operate and maintain a control manhole, if required , and any pretreatment facilities as may be required as a condition of this permit; to cooperate at all times with City of Yorkville or their representative in the inspecting , sampling , and study of industrial wastes; to notify City of Yorkville immediately in the event of any accident , negligence or other occurence that discharges to the public sewers any wastes or process waters not covered by this permit. SIGNED: Date: ( ❑ Owner ❑ Owner ' s Agent ) $ Connection Fee Paid (Address ) APPROVED: Date: (Approving Authority ) ep 40 City of Yorkville PRIVATE SEWAGE DISPOSAL APPLICATION BLOCK # LOT # STREET ADDRESS A. THE UNDERSIGNED, being the owner or owner ' s agent of property located at the above address, DOES HEREBY REQUEST a permit to install private sanitary sewage disposal facilities to serve the following use: ❑ Single Family Home ❑ Duplex ❑ Multi-Family Building (No. of Units ) ❑ Office ❑ Business ( ❑ Commercial ❑ Institutional ❑ Governmental ) ❑ Industrial B. The proposed sewage disposal facility will include: to be constructed in complete accordance with the attached plans and specifications by a licensed contractor. 1 ) Area of property : square feet ( acres ) 2) Maximum number of people to be served by facilites: 3) Location and nature of all sources of private or public water supply within 100 feet of any boundary of said property shall be shown on the plans. D. Name and address of person or firm performing work : C. In consideration of the granting of this permit, THE UNDERSIGNED AGREES: to accept and abide by all current provisions of the City of Yorkville and all other pertinent ordinances or regulations that may be adopted in the future; to operate and maintain the wastewater disposal facilities covered by this application in a sanitary manner at all times , in compliance with all requirements of City of Yorkville and Kendall County Health Department, and at no expense to City of Yorkville; to notify City of Yorkville at least 24 hours prior to commencement of the work proposed , and again at least 24 hours prior to covering any underground portions of the installation . SIGNED: DATE: ( ❑ Owner ❑ Owner ' s Agent ) $ Inspection Fee Paid (Address ) APPROVED: DATE : (Approving Authority )