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:
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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
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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 . )
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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 .
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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 .
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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.
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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 .
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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.
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(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;
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(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 .
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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
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•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.
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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 .
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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 )
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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 .
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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
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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 .
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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 )