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HomeMy WebLinkAboutOrdinances - MC-08-953 - 02/11/2008 - AMEND AND UPDATE WATER SEWER ORD CH 26Ordinance No. MC-08- 953 An Ordinance providing for updates to Chapter 26 of the City of McHenry Municipal Code. BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 26 Water and Sewers of the City of McHenry Municipal Code is hereby repealed and replaced with the following: MUNICIPAL CODE CHAPTER 26 WATER AND SEWERS* ARTICLE I. WATER DIVISION 1. GENERALLY Sec. 26-0 Combined Waterworks and Sewerage System (MC-99-730) Pursuant to 65ILCS 5/139-1 et seq., the City's waterworks and sanitary sewerage treatment facilities are a combined waterworks and sewerage system. Sec. 26-1. Compliance with plumbing regulations. No water shall be turned on for service in premises where plumbing has not been installed in full compliance with the requirements in regard thereto as set forth in City ordinances; provided, however, that water for use in construction work in unfinished buildings or buildings being remodeled may be supplied subject to the provisions of this Article. Sec. 26-2. Permits, notice required for connections; fees, supervision, inspection.** (a) No connection with a water main shall be made without a permit being issued and 24 hours notice having been given to the City. All such connections shall be inspected by and made under the supervision of the City Plumbing Inspector. Application for permits to make such connections shall be made to the Building Officer. (b) A charge, consisting of a permit fee and of the cost of the water meter supplied by the City, shall be payable to the City at the time application is made for a connection permit: * Cross Reference - Plumbing regulations, Sec. 7-46 et seq.; development in special flood hazard areas, Ch. 8. ** Cross Reference - Permits generally, Ch. 12 CHARGE FOR COST OF SIZE OF WATER METER PERMIT FEE WATER METER 5/8 by 3/4 inch 250.00 225.00 1 inch 250.00 325.00 1 % inch 250.00 600.00 2 inch 250.00 2050.00 3 inch 250.00 2500.00 4 inch 250.00 3700.00 6 inch 250.00 5100.00 (c) All water service lines having a diameter of less than 3 inches shall be made of type K copper, shall consist of a continuous uncut length of copper pipe between the two terminal ends and shall be connected with flared or compression couplings, except at the valve prior to water meter which must be flared. The use of sweated joints, lead pipe and lead solder is prohibited. (d) All water service lines having a diameter of three or more inches shall be made of polyethylene encased ductile iron, or C900 PVC or approved equal, with a #10 insulated locating wire, and shall be connected with push -on or mechanical joints. (e) All water meters shall be installed with shut-off valves on both the inlet and on the discharge sides of the meter. (f) The installation of water meters inside of crawl spaces is prohibited. (g) All water meters installed pursuant to this Ordinance shall be the property of the City. Sec. 26-2.1. Fire sprinkler system permit fees; monitoring water usage. (MC-90-533) (a) No connection of a fire sprinkler system to a water main shall be made without a permit being issued and 24 hours notice having been given to the City. All such connections shall be inspected by and made under the supervision of the City Plumbing Inspector. Application for permits to make such connection shall be made to the Community Development Department (b) All fire sprinkler systems shall have a 3/4-inch water meter which reads in gallons per minute installed at a location designated by the Building Officer as a bypass for the purpose of monitoring water leaks and water usage of the sprinkler system. (c) A charge, consisting of a $50 permit fee shall be payable to the City at the time application is made for a fire sprinkler connection permit. Sec. 26-3. Who may turn on service. No water from the municipal water supply system shall be turned on for service into any premises by any person other than the Director of Public Works, or his designee. Sec. 26-4. Resale prohibited. No water shall be resold or distributed by the recipient thereof from the municipal supply to any premises other than that for which application has been made and the meter installed, except in the case of an emergency. Sec.26-5. Tampering. It shall be unlawful for any person not authorized by the City to tamper with, alter or injure any part of the City waterworks or supply system, including water meters. Sec. 26-6. Municipal water service outside City. Municipal water service may be made available to premises located outside the City corporate limits at the discretion of the Council when approved by three -fourths vote of all members of said Council. In the event such service is furnished, the user, connection and Capital Development fees, rates and charges therefore shall be one and one-half times the fees, rates and charges established in this Article for such service provided within the City corporate limits. Further, the extension of the water main facilities and service lines shall be at the sole cost and expense of the user and the specifications and installation thereof shall be in accordance with the ordinances of the City and shall be subject to the approval of the Director of Public Works. Sec. 26-7. Temporary prohibition against use of water for sprinkling lawns. For the safeguard of the public health, safety and welfare, the Mayor and, in the Mayor's absence from the City, the Director of Public Works is authorized, from time to time, to temporarily prohibit the use of water from the municipal water supply system for the purpose of sprinkling lawns. Such prohibition shall be in full force and effect upon publication of notice thereof in a newspaper published in the City, or receipt of other actual notice of such prohibition. Sec. 26-8 — 26-14. Reserved. DIVISION 2. SERVICE PIPES Sec. 26-15. Responsibility for installation; supervision. All service lines from the mains to the water distribution system of any premises shall be installed by and at the sole cost and expense of the owner of the property to be served or the applicant for the service. Such installation shall be inspected by and made under the supervision of the City Plumbing Inspector. Said owner shall extend the public water in said street, alley, easement or right-of-way to the furthest portion of said premises as determined by the Director of Public Works. (MC-89-511; MC-94-610) Sec. 26-16. Specifications for pipes.* No service pipe shall be installed unless it is in conformity with specifications drawn up or approved by the Director of Public Works. * Cross Reference - Permits, notice required for connections; fees, supervision, inspection, Sec. 26-2. Sec. 26-17. Maintenance responsibilities. The City has no obligation to repair service pipes or plumbing systems of any buildings provided however that only authorized personnel of the City may repair water meters serving any premises. The City may, in case of emergency, repair any service pipe and, if this is done, the cost of such repair work shall be paid by the owner of the premises served immediately upon receipt of a request to do so from the City. Sec. 26-18 - 26-19. Reserved. DIVISION 3. METERS AND CHARGES Sec. 26-20. Meters required. (a) Occupancy prohibited unless premises have metered water. No Occupancy Permit shall be granted to any premises using the City water supply until a water meter has been installed thereon as required by this Article. (b) Meters required. All premises using the City water supply must be equipped with a water meter furnished by the City. (c) Unmetered water system acquired by City. Where an unmetered water distribution system is acquired by the City and added to its combined sewer and waterworks system, a water meter, furnished by the City, shall be installed by the owner of each unmetered premises. The owner of the premises furnished by such meter shall pay to the City its costs for such water meter in accordance with the CHARGE FOR COST OF WATER METER schedule in Section 26- 2(b). Sec. 26-21. Location of meters; easy opening; by-pass. (a) Location of meters. Meters shall be placed in a location of easy access to the Public Works Department and shall be installed, subject to the approval of the Public Works Department, in such a manner that any part of such meter may be removed without having to remove it from the water line to which it is attached; the owner shall provide a proper opening in the piping provided with the necessary valves, couplings, unions and by-pass required to install the meter. (MC-89-489) (b) Meter by-pass. Where any water meter two inches or larger is to be installed, there shall be an approved lockable by-pass valve, minimum one -inch in size. The valve on said by-pass shall be locked by City Public Works Water Division personnel and in no case shall said lock be removed without first notifying the Director of Public Works. Sec. 26-22. Installation, repair and replacement charges and fees. (a) Meter replacement and repairs. The cost of meter replacement and repairs shall be paid out of the system generated revenues, except as required in Section 26-22. (b) Meter repairs. Property owners shall bear the entire expense of all repairs on water meters on their premises due to freezing or from any other cause owing to the negligence of the said property owner or his tenant. The repairs shall be made by the City and the cost thereof shall be billed to and paid by the property owner as herein required. (c) Replacement and testing program. The Director of Public Works shall initiate and maintain a program to replace all water meters on a cycle as determined by the Director of Public Works. All water and/or sewer users using a water meter which is receiving water and/or discharging wastewater in excess of 750,000 gallons per year shall have their water/sewer meter tested for accuracy as determined by the Director of Public Works. Sec. 26-23. Reading Meters. (a) Duty of Finance Director. The Finance Director shall cause every water meter used in the City to be read at such time or times as are necessary so that water bills may be sent out at the proper time. (b) Right of Access to Premises. The City, its servants, agents and employees shall have a continuing right of access to premises which are served with municipal water for the purpose of reading water meters and also for the purpose of inspecting, repairing, installing, modifying and replacing water meters. The water supply to any premises may be shut off whenever access has been hindered or denied by the user and/or owner. In addition to such water shut off, any person, firm, or corporation violating this subsection shall be fined not less than $25.00 nor more than $750.00 for each day during, or on which such access to the premises has been prevented. Sec. 26-24. User rates.(MC-90-548; MC-92-582; MC-94-625; MC-97-694; R-01-001; R-01- 026;R-02-023;R-03-014;R04-014;R-05-026;R-06-016;R-07-019). A) Effective February 1, 1998, bi-monthly user rates for the use of water of the City waterworks through a meter shall be established. These rates shall be reflected in the May billing each year thereafter. B) Water user rates shall be adjusted annually effective February I" each year based upon the Chicago Area Consumer Price Index Annual Average and shall be subject to City Council review and approval. Inside Corporate Limits: Current Water User Rate is effective 2/1/08: First 4,000 gallons $8.96 Each succeeding 1,000 gallons $2.24/1,000 gals Outside Corporate Limits: Current Water User Rate is effective 2/1/08: First 4,000 gallons $13.44 Each succeeding 1,000 gallons $3.36/1,000 gals C) Metered usage shall be read by the City to the lowest even increment of 1,000 gallons. D) In the case of apartment, commercial and industrial buildings having more than one rental unit, each or some of which contain water service facilities, the bi-monthly rate paid for city water shall be not less than 4,000 gallons per unit for each rental unit in such building, or the metered rate for the entire building, whichever is greater. In the case of motels and hotels which do not provide apartment rentals, nursing homes, hospitals and congregate care facilities, the bi-monthly rate shall be the metered rate for the entire building. (MC-04-855) E) All water charges shall be collected by the Finance Director. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service on such premises, and the service is furnished to the premises by the City upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefore to the City of McHenry. F) Water Sold In Bulk: Effective September 1, 2002 and thereafter, the rates for water sold in bulk shall be as follows: $25 500 gallons $50 1,000 gallons $75 2,000 gallons. Tickets for water to be sold in bulk may be purchased from the City's Administration Offices during normal business hours. (MC-02-8 04) Bulk loading times and locations to be determined by the Director of Public Works. Sec. 26-25. Reserved. (Rates in Lakeland Park/Shores Repealed 5-2-92) Sec. 26-26. Billing and collection. (a) Charges for water services shall be rendered bi-monthly by the Finance Director. (b) All water rates shall be collected by the Finance Director except as hereinafter provided and all persons shall pay their bills for water consumed on or before the twentieth day after bi- monthly bills are mailed. Payment of bills for such bi-monthly periods after the twentieth day that bills are mailed shall subject the user to a penalty of 10% of the amount of the unpaid bill. Payment of bills for such bi-monthly periods after the forty-second day that bills are mailed shall subject the user to another penalty of 10% of the amount of the unpaid bill. (MC-95-634) Sec. 26-27. Terminating service for nonpayment; turn -on service charge. (a) The water supply may be shut off from any premises for which the water bill remains unpaid for 30 days after the bill is mailed. (MC-89-479) (b) The procedures for terminating water service shall be the same as the procedures set forth in Section 26-148 for terminating sewer service provided that the Notices, etc., shall refer to water instead of sewer. (c) Where City water service is shut off for nonpayment, tampering or for any other reason, there shall be no restoration of such water service until the user has first paid all unpaid City water charges, including the costs of making the disconnection and all costs for labor and materials. (d) In addition, there shall be a water service turn -on charge of $70.00 if the service is turned -on during normal working hours of the Water Division personnel, to wit, 7:00 a.m. to 3:00 p.m. Monday through Friday. (e) If water service turn -on is requested by the user outside of normal working hours of the Water Division personnel, the turn -on fee shall be $100.00. (MC-96-652; MC-04-855) Sec. 26-28. Lien declared; notice. (a) Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water service remains unpaid 60 days after it has been rendered, the City Clerk may file with the Recorder of Deeds of McHenry County 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 claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill. (b) If the consumer of water whose bill is unpaid is not the owner of the premises, and the City Clerk has notice of this, then notice shall be mailed to the owner of the premises, if his address is known to the City Clerk, whenever such bills remain unpaid for a period of 60 days after they have been rendered. (c) The failure of the City Clerk to record such a lien claim 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 water bills as provided in the following Section. Sec. 26-29. Foreclosure of lien. (a) Property subject to a lien for unpaid water charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the City. (b) The City Attorney is hereby authorized and directed to institute such proceedings, in the name of the City, in any court having jurisdiction over such matters, against any property for which the water bill has remained unpaid 60 days after it has been rendered. Sec. 26-30. Water during construction. (a) During the construction of any building and before any water has been turned on or before any water meter is installed as is herein provided, the contractor so constructing such building may be permitted to use the property's water service by previously making application therefore to the Director of Public Works or his designee and by paying a deposit for a water meter, as listed below, to measure the construction water usage on the construction site. Water shall not be turned on until inspected and approved by City Plumbing Inspector. (b) The contractor shall pay the City the sum of $4.10 for each 1,000 gallons, or fraction thereof, of water used in connection with the construction project as measured by said water meter. (c) The deposit shall be refunded when the water meter is disconnected by the City and is found to be in good working condition. If for any reason the meter is lost or has to be repaired, the cost of repair or replacement shall be deducted from the deposit. Any deficiency shall be paid by the contractor.(MC-96-655) METER SIZE 5/8 by 3/4 inch 1 inch 1'/z inch 2 inch 3 inch Secs. 26-31 - 26-34. Reserved. AMOUNT OF DEPOSIT $225.00 $325.00 $600.00 $2050.00 $2400.00 DIVISION 4. PRIVATE WATER WELLS AND SUPPLIES. Sec. 26-35. Private water wells prohibited if public supply available. No person shall be permitted to utilize water from any source other than the municipal water distribution system where an existing municipal water main is located on the subject premises, or within an easement adjacent thereto, or within a road right-of-way adjacent thereto. Sec. 26-36. Connection upon extension of City water mains required. Within one year after any municipal water main is installed upon any premises, or adjacent thereto as described in Section 26-35 hereof, the owner shall, at his own expense, install and commence the use of a service line connecting the municipal water main to the water distribution system of the subject premises. All such installations of service line facilities shall be subject to the prior approval of and inspection by the Director of Public Works. Sec. 26-37. County well permit. The installation of all private wells shall be made pursuant to a well permit issued by the County of McHenry and in accordance with the ordinances, rules and regulations thereof which are hereby adopted and incorporated herein by reference. Sec. 26-38. Occupancy permits. No occupancy permit shall be issued for any premises until the owner has furnished a written statement from the McHenry County Health Department to the City stating that the private water well has been installed thereon in compliance with the County ordinance, rules and regulations. Secs. 26-39 - 26-44. Reserved. DIVISION 5. RESERVED Secs. 26-45 - 26-59. Reserved. DIVISION 6. CROSS -CONNECTION CONTROL Sec. 26-60. Installation according to Plumbing Code. All plumbing installed within the City of McHenry shall be installed in accordance with the Illinois State Plumbing Code, 77 IL. Adm. Code 890. That, if in accordance with the Illinois State Plumbing Code or in the judgment of the Director of Public Works or his authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Director of Public Works will give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense install such an approved device at a location and in a manner in accordance with the Illinois State Plumbing Code and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois State Plumbing Code and local regulations. Sec. 26-61. Approval of connection. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the City of McHenry enters the supply or distribution system of the City, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Director of Public Works and the Illinois Environmental Protection Agency. Sec. 26-62. Surveys and investigations. It shall be the duty of the Director of Public Works to cause surveys and investigations to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two years, or as often as the Director of Public Works shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years. Sec. 26-63. Right to enter premises. The Director of Public Works or his authorized, qualified agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City of McHenry for the purpose of verifying the presence or absence of cross -connections, and that the Director of Public Works or his authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City of McHenry for the purpose of verifying information submitted by the customer regarding the required cross -connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the Director of Public Works any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Director of Public Works be deemed evidence of the presence of improper connections as provided in this ordinance. Sec. 26-64. Termination of water service upon violation or contamination. The Director of Public Works is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this ordinance is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this ordinance, and until a reconnection fee of $500.00 is paid to the City of McHenry. Immediate disconnection with verbal notice can be effected when the Director of Public Works is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Director of Public Works or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Public Water Supply, the Director of Public Works, or its agents or assigns shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this ordinance, whether or not said termination was with or without notice. Sec. 26-65. Responsibility for clean-up of water supply system. The consumer responsible for back -siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross -connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of clean-up of the potable water supply system. Secs. 26-66 - 26-69. Reserved. ARTICLE II. SEWERS. DIVISION 1. GENERALLY Sec.26-70. Definitions. Administrator - The Administrator of the U.S. Environmental Protection Agency and the Director of the Illinois Environmental Protection Agency. Basic User Charge - The amount to be paid each billing period by all public sewer users for payment of operation and maintenance costs plus replacement of the sewerage works of the City. BOD5 - Biochemical oxygen demand which is defined as the quantity of oxygen required to stabilize biodegradable organic matter under aerobic conditions within a five-day period in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" Building Drain - That part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall. Building Sewer - The extension from the building drain to the public sewer or other place of disposal. Capital Improvement Charge - The amount to be paid each billing period by all unincorporated sewer users for recovery of capital costs which are not otherwise recoverable from such users. City - The City of McHenry, McHenry County, Illinois. Combined Sewer - A sewer which is designed and intended to receive wastewater, storm, surface, and groundwater drainage. Commercial User - shall include transit lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services. (MC-89-497) Control Manhole - A structure specifically designed and constructed for sampling and metering industrial wastes discharged to a public sewer. Debt Service Charge - The amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.,) outstanding. Director - The Director of Public Works of the City or his duly authorized deputy or representative. Easement - A legal right for the specific use of land owned by others. Effluent Criteria - See applicable "NPDES Permit" for definition. Federal Act - The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq) as amended by the Federal Water Pollution Control Act of Amendments of 1972 (Public Law 92-500) and (Public Law 93-243). Floatable Oil - Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. Garbage - Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. Industrial Users - shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products. (MC-89-497) Industrial Waste - The wastewater 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 employees' wastes or wastewater from sanitary convenience. Institutional/Governmental User - shall include schools, hospitals, churches, penal institutions, and users associated with Federal, State and local governments. (MC-89-497) Maintenance - shall mean all manner of activity required, including, but not limited to, labor, supply, contract repair work and administrative requirements to maintain the works, assets and property of the City for the purpose of insuring its continued and uninterrupted operation. 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; or (b) has a flow greater than 10% of the flow carried by the municipal system receiving the waste; or (c) has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Act; or (d) is found by the permit 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, or that treatment works or upon the quality of effluent from that treatment works. (MC-89-497) mg/1 - Means milligrams per liter, a unit of the concentration of water or wastewater constituent used in reporting the results of water and wastewater analysis. One milligram per liter is 0.001 gram of the constituent in 1,000 milliliters of water. Natural Outlet - Any outlet into a water course, pond, ditch, lake, or other body of surface water. NPDES Permit - Any permit or equivalent document or requirements issued by the Administrator, or, where appropriated by the Director, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to Section 402 of the Federal Act. Operation - Shall mean all manner of activity required, including but not limited to, labor, electrical power, fuel, chemicals, supplies, depreciation and administrative requirements, to conduct properly the functions of collection, conveyance, treatment and disposal of wastewaters generated within the City. Ordinance - Means this ordinance. Person - Any and all persons, natural or artificial including any individual, firm, company, public or private corporation, association, society, institution, enterprise, governmental agency or other entity. pH - The logarithm (base 10) of the reciprocal of the hydrogen -ion concentration expressed in gram molecular weight (moles) per liter. Population Equivalent - A term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is expressed as (MC-89-497): 100 gallons of water per person per day; or 0.17 pounds of BOD5 per person per day; or 0.21 pounds of total suspended solids per person per day. ppm - Parts per million by weight. Pretreatment - The treatment of wastewaters from sources before discharge into the public sewer. Properly Shredded Garbage - Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewer, with no particle greater than %2 inch (1.27 centimeters) in any dimension. Public Sewer - A sewer in which all owners of abutting properties have equal rights of connection and use, and is operated, maintained and controlled by the City. Replacement - Shall mean the provision for and the installation of replacement equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. Residential User - shall mean all dwelling units such as houses, mobile homes, apartments, and permanent multi -family dwellings. (MC-89-497) Sanitary Sewer - A sewer that conveys sewage and polluted industrial wastes, and to which stormwater, surface drainage, groundwater or unpolluted wastewater are not intentionally admitted. Sewage - A combination of the wastewater from residential, commercial, industrial and institutional buildings together with such groundwater infiltration and surface water inflow that may be in the sewers. Sewage Treatment Plant - An arrangement of devices, structures and process for treating sewage. Sewer - A pipe or conduit for conveying sewage or any other wastewater, including storm water, surface water and groundwater drainage. Sewerage Revenue Fund - The principal accounting designation for all revenues received in the operation of the sewerage works. Sewerage Works - All facilities for collecting, pumping, treating and disposing of sewage and industrial wastes. Sewer User Service Charge - the total amount to be paid each billing period by public sewer users including the basic user charge, the debt service charge, and the surcharge, if applicable. Shall - Means mandatory; May - Means permissive. Sludge - Any discharge of sewage, industrial waste or other wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer 15 minutes more than five times the average 24-hour concentration or flows during normal operation. State Act - The Illinois Environmental Protection Act effective July 1, 1970 as amended. Storm Sewer or Storm Drain - A sewer that conveys stormwater runoff and surface water drainage, but excludes sewage and polluted industrial wastes. Stormwater Runoff - That portion of precipitation which is not absorbed into the ground and which is drained from the ground surface to a natural outlet or watercourse. Surcharge - The amount to be paid each billing period by certain public sewer users in addition to the basic user charge and the debt service charge. Suspended Solids - Solids that either float on the surface, or are in suspension in water, sewage, industrial wastes, or other wastewaters; the quantity of which is determined by standard laboratory filtering test procedures and referred to as non -filterable residue expressed in mg/l. Unpolluted Wastewater - Wastewater that would not cause any violation of water quality standards of the Water Pollution Regulations of Illinois when discharged to a natural outlet or watercourse. User - Any person who is the occupant of a residential dwelling unit (whether in a single family, duplex or multi -family residential building), or a commercial, industrial or other building unit, who contributes, causes or permits the contribution of wastewater into the City's public sewer. (Transient guest rooms in motels and hotels and patient rooms in hospitals, congregate care facilities and nursing homes shall not be considered residential units). Useful Life - The estimated period during which components of the sewerage works will operate. Wastewater - The wastewater from any domestic, commercial, industrial and institutional uses. Watercourse - Any stream, creek, brook, branch, natural or artificial depression, slough, gulch, ditch, reservoir, lake, pond, or other natural or man-made drainageway in or into which stormwater runoff and surface water drainage flow either continuously or intermittently. Sec. 26-71. Powers and authority of inspectors. (a) The Director, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Article. The Director is authorized to inspect and inquire into the metallurgical, chemical, oil, refining, ceramic, paper, manufacturing or other processes for the purpose of determining the kind and source of discharge into the sewers or waterways or facilities for waste treatment. (b) While performing work on private properties referred to in Subsection (a), the Director, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the sewer user and the sewer user shall be held harmless for injury or death to the City employees and the City shall indemnify the sewer user against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the sewer user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the sewer user to maintain safe conditions as required in Section 26-128. (c) The Director shall be permitted to enter all private properties through which the City has an easement for inspection, observation, measurement, sampling, repair or maintenance of any portion of the sewage works lying within said easement. Sec. 26-72. Correction of violations. Any person found to be violating any provision of this Article except Section 26-76 shall be served by the City 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 Article. Sec. 26-73. Connection required if sewer available. The owner of any house, building, or property situated within the City and abutting on any street, alley, easement or right-of-way in which there is located a public sanitary sewer of the City is required at his sole expense to connect the sanitary sewer facilities thereof directly to the public sewer in accordance with the provisions of this ordinance, within one year after date of official notice to do so, provided that said public sewer is sited as per McHenry County Department of Public Health requirements. Said owner shall extend the public sewer in said street, alley, easement or right-of-way to the farthest portion of his premises, as determined by the Director of Public Works. Sec. 26-74. Unsanitary deposits generally. 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, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste. Sec. 26-75. Treatment required. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any improperly treated sewage or other polluted waters, except when otherwise authorized by an NPDES Permit. Sec. 26-76. Damaging, tampering with facilities. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, machinery 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. Sec.26-77. Excavations. The provisions of this Code relating to excavations in streets shall be complied with in making excavations in streets or other public places in connection with making sewer connections. Sec. 26-78. Municipal sewer service outside City. Municipal sanitary sewer service may be made available to premises located outside of the City corporate limits at the discretion of the City Council when approved by 3/4 vote of all members of said Council. The connection and Capital Development Fees, and charges for such service shall be 1 % times the fees and charges established in this Article for service within the corporate limits, Further, the extension of the sewer main and service line shall be at the sole cost and expense of the user and the specifications and installation thereof shall be in accordance with City ordinances and shall be subject to the approval of the Director. Sec. 26-79. Responsibility for installation; supervision. All service lines from the sewer main to any premises shall be installed by and at the sole cost and expense of the owner of the property to be served or the applicant for the service. Such installation shall be inspected by and made under the supervision of the Director of Public Works. (MC-89-511; MC-94-610) Sec. 26-80 Maintenance responsibilities. The City has no obligation to repair service pipes, building drains, building sewers or plumbing systems of any buildings. The City may, in case of emergency, repair any service pipe, building drain or building sewer and, if this is done, the cost of such repair work shall be paid by the owner of the premises served immediately upon receipt of a request to do so from the City. Sec. 26-81. Laboratory measurements, tests and analyses of Industrial Waters and Wastes. 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 the City of McHenry 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 of McHenry, but not less than once a year the industry must supply a complete analysis of the constituents of the waste water discharge to assure that compliance with the Federal, State and City of McHenry standards are being met. The owner shall report the results of measurements and laboratory analyses to the City of McHenry 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 of McHenry. At such times as deemed necessary, the City of McHenry, reserves the right to take measurements and samples for analysis by an outside laboratory service. (MC-89-497) Secs. 26-82 - 26-84. Reserved. DIVISION 2. PRIVATE SEWAGE DISPOSAL Sec. 26-85. Prohibited unless otherwise provided. Except as herein 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. 26-86. Required if sewer not available. Where a public sanitary or combined sewer is not available under the provisions of Section 26-73, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article. Sec. 26-87. McHenry County permit required. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit from the appropriate McHenry County Department of Public Health authorities and file a copy thereof with the City's Community Development Department. Sec. 26-88. When permit effective; inspection. A permit for a private sewage disposal system shall not become effective until the installation is completed in accordance with the ordinances and rules and regulations of the County of McHenry. The Building Officer shall be allowed to inspect the work at any stage of construction and, in any event, the owner shall notify the Building Officer when the work is ready for final inspection, and before any underground portions are covered. Sec. 26-89. Occupancy permit. No occupancy permit will be issued for any premises until and unless the owner thereof has filed with the Community Development Department a written statement from the appropriate McHenry County authorities that the private disposal system servicing said premises complies fully with all McHenry County ordinances, rules and regulations. Sec. 26-90. Minimum permissible lot area for private sewage disposal system. The type, capacity, location and layout of a private sewage disposal system shall comply with the rules, regulations and standards as established from time to time by the ordinances, rules and regulations of McHenry County. No private sewage disposal system employing subsurface soil absorption facilities shall be permitted where the area of the premises is less than 21,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. Sec.26-91. Maintenance. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times. Sec. 26-92. Abandonment when sewer becomes available. At such time as a public sewer becomes available to a property served by a private sewage disposal system, the owner shall connect said system to the public sewer at the owner's sole cost and expense in compliance with this Division, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned, cleared of sludge and filled with sand, as required by the McHenry County Department of Public Health. Secs. 26-93 - 26-100. Reserved. DIVISION 3. BUILDING SEWERS AND CONNECTIONS Sec. 26-101. Permits required. 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 Community Development Department. Sec.26-102. Reserved. (MC-91-556) Sec. 26-103. Permit application. (a) The owner or his agent shall make application for a permit on a form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Building Official, an industry, as a condition of permit authorization, shall provide complete information describing its wastewater constituents, characteristics, and type of activity. (b) A building sewer permit will be issued and a sewer connection shall be allowed only if it can be demonstrated that the downstream sewerage works, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. Sec. 26-104. Permit, inspection fee. A permit and inspection fee in the amount of $250.00 shall be charged for each sanitary sewer connection and shall be paid at the time application for permit is filed. (MC-91-556; MC-94-616) Sec. 26-105. Liability for costs; indemnification of City. (a) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. (b) The owner shall indemnify the City from any and all loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (c) Before a building sewer permit is issued, the plumber or sewer contractor shall file with the City Clerk a certificate of insurance covering Public Liability Insurance in the amount of $1,000,000 combined single limit for bodily injury and property damage, naming the City of McHenry as additionally insured. Sec. 26-106. Standards and specifications for building sewers. (a) The building sewer shall be schedule 40 PVC or SDR26, or other suitable materials approved by the Director. (b) The building sewer shall not be less than 6-inch diameter size pipe installed at a minimum invert slope of 0.125 (1/8) inch per foot, or not less than 4-inch diameter size pipe in length of not less than 10 feet installed at a minimum invert slope of 0.25 (1/4) inch per foot. Building sewers shall be constructed in accordance with the requirements of the Director as to trench excavation and backfilling, installation of pipe and fittings and testing. (c) The connection of the building sewer into the public sewer shall be made in accordance with the City's Subdivision Control and Development Ordinance. The invert of the building sewer at the point of connection shall be higher than the mid point of the sewer main. A smooth, neat joint shall be made, and the connection made secure. Special fittings may be used for the connection when approved by the Director. (d) The building sewer pipe shall be bedded on a layer of gravel or crushed stone conforming to ASTM No. 67 specifications, and shall have a minimum thickness of 4 inches under the pipe barrel and 2 inches under bells. It shall be carefully placed and compacted around the pipe to provide uniform support to the bottom quadrant. Washed gravel or washed stone shall be placed to a depth of twelve vertical inches over the pipe. (e) No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such drains shall be lifted by approved pumping devices and discharged to the building sewer. (MC-99-744) (f) Where overhead sewers are required, an 8-inch hole shall be cored through the foundation for a 4-inch soil pipe. Soil pipe shall have a clean -out tee at the wall before going out. Hydraulic cement shall be used on the outside of the wall for the hole patch. Ejector pumps and basins shall comply with the requirements of the Illinois State Plumbing Code for sanitary waste below sewer.(MC-99-744) Sec. 26-107. Separate building sewer; exception. A separate and independent building sewer shall be provided for every building; except 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. 26-108. Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director, to meet all requirements of this Article. Sec. 26-109. Unpolluted wastes prohibited in building sewer. No person 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 to a public sanitary sewer. Sec. 26-110. Manner of making connection. The connection of the building sewer into the public sewer shall conform to the requirements of the Illinois State Plumbing Code and applicable rules and regulations of the City. All such connections shall be made gastight and watertight. Sec. 26-111. Notice when sewer ready for connection; supervision of connection. The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director. See.26-112. Excavations. All excavations for building sewer installation shall be done in accordance with the provisions of Chapter 21 of this Code and 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 Director. Secs. 26-113 - 26-119. Reserved. DIVISION 4. USE OF PUBLIC SEWERS Sec. 26-120. Prohibited Discharges. (a) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, into any sanitary sewer. (b) It shall be unlawful to discharge wastewater to any public sanitary sewer except those wastewaters in compliance with standards promulgated pursuant to the Federal Act, or the State Act, or any rules, regulations, ordinances or standards of the City. Sec. 26-121. Permissible discharge of unpolluted wastes. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers, or to a natural outlet approved by the Director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Director to a storm sewer or natural outlet. Sec. 26-122. Harmful, dangerous wastes prohibited. 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, pipes, machinery, equipment and personnel of the sewage works. (d) Solid or viscous substances in quantities 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, garbage, whole blood, paunch manure, hair and flesh, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Sec. 26-123. Wastes conditionally prohibited. No person shall discharge or cause to be discharged into a public sanitary sewer the following described substances, materials, water or wastes if it appears likely in the opinion of the Director or City Engineer that such wastes can harm either the sewers, sewage treatment process, pipes, machinery or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Director or City Engineer 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 maximum limits established by regulatory agencies, and other pertinent factors. The substances prohibited are: (a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade). (b) Any waters or wastes containing toxic or poisonous materials, or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees centigrade). (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/a horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Director of Public Works. (d) Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not. (e) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received at the sewage treatment works exceeds the limits established by the City 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 City 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 City in compliance with applicable State or Federal regulations. (h) Any mercury or any of its compounds in excess of 0.0005 mg/1 as Hg at any time except as permitted by the City in compliance with applicable State or Federal regulations. (i) Any cyanide in excess of 0.025 mg/1 at any time except as permitted by the City in compliance with applicable state and federal regulations. 0) Any waters or wastes having a pH in excess of 9.5. (k) Materials which exert or cause: (1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD5, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting sludge as defined herein. (1) Water 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. 26-124. Discharging to storm sewer. (a) It shall be unlawful for any person to discharge sanitary sewage or industrial waste water into any storm sewers. (b) Any person violating this Section shall be fined not less than $50.00 nor more than $750.00 for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Sec. 26-125. Authority to reject or regulate wastes. If any waters or wastes are discharged, or are proposed to be discharged to the public sanitary sewers, which waters or wastes contain the substances or possess the characteristics enumerated in Section 26-123, and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter D, Water Programs, Part 128 - Pretreatment Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973 and any amendments thereto, and which in the judgment of the Director may have a deleterious effect upon the sewage works, processes, pipes, machinery, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may reject the wastes; require pretreatment to an acceptable condition for discharge to the public sanitary sewers; require control over the quantities and rates of discharge; and/or 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 26-130. If the Director permits the pretreatment or equalization of wastewater flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and subject to the requirements of all applicable codes, ordinances, and laws. Sec. 26-126. Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided by the user when, in the opinion of the Director, 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 Director, and shall be located as to be readily and easily accessible for cleaning and inspection. Sec. 26-127. Maintenance of precautionary facilities. Where pretreatment or flow -equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Sec. 26-128. Control manholes. The owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole or manholes, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manholes, sampling equipment and measuring equipment shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manholes shall be installed by the owner at his expense, and shall be maintained by the owner so as to be safe and accessible at all times. Sec. 26-130. Measurements, tests, analyses. All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 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, the samples for solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples. The cost of measurements, tests and analysis for the purpose of determining treatment service surcharges shall be paid for by the user at his expense. Sec. 26-131. Special arrangements authorized. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment to the City by the industrial concern, of such charges as may be required by the City. Secs. 26-132 - 26-139. Reserved. DIVISION 5. RATES AND CHARGES Sec. 26-140. Sewer user service charges, costs for metered users. (a) There shall be and there are hereby established sewer user service charges for the use of and for the service supplied by the City sewerage works which shall consist of: (1) The Basic User Charge shall be based on water usage as recorded by water meters and/or other City approved metering devices for the purpose of paying all expenses associated with operation, maintenance and replacement of the sewerage system. The basic user charge shall be determined by dividing the total of annual operation, maintenance and replacement expenses by the total number of gallons billed for sewer service in the 12-month period immediately preceding the calculation. This calculation shall produce a unit rate per thousand gallons for sewer service supplied which shall be billed to all users as the basic user charge. The basic user charge will be applicable for average and below average strength sewage. Average strength sewage is determined to have the following characteristics: a. A five day, twenty degree centigrade (20°C) biochemical oxygen demand (BODO of 240 mg/l. b. A suspended solids (SS) content of 275 mg/l. (2) The Debt Service Charge shall consist of the total of a fixed monthly charge and a variable charge. The fixed charge shall be applied to each user connected to the sewerage system of the City and the charge may be adjusted from time to time depending upon the amount of revenue bonds outstanding. The variable charge shall be adjusted to make up the difference in debt service cost. (3) A Treatment Service Surcharge will be charged to all users whose discharges exceed the average concentrations for BOD5 (240 mg/1) and SS (275 mg/1). The surcharge will be based on water usage as recorded by water meters and/or other City approved metering devices for all wastes which exceed the parameters outlined above. The unit rate of BOD5 and SS surcharge calculations shall be computed as follows: a. Proportion the estimated annual revenue required to operate and maintain the wastewater facilities, including equipment replacement to the major plant categories. b. Proportion the costs of the major plant categories to BOD5 and SS. c. Estimate the pounds of BOD5 and SS treated. d. Compute the unit costs per pound of BOD5 and SS. (b) The adequacy of the wastewater service charge shall be reviewed annually and shall be revised periodically to reflect a change in debt service or a change in operation, maintenance and equipment replacement costs. (c) The users of wastewater treatment services will be notified annually, in conjunction with a regular bill, of the rates and that portion of the user charges which are attributable to the wastewater treatment operation, maintenance and replacement. (d) Annual water use shall be determined from readings taken from approved water meters and/or other City approved metering devices for wastewater and flat rate user estimates. (e) A treatment service surcharge shall be levied to all sewer users whose wastewater exceeds normal concentrations of 240 mg/l of BOD5 275 mg/l of suspended solids as determined by waste sampling which shall be performed as often as deemed necessary by the Director and shall be binding as the basis for computing the surcharge. (f) Effective February 1, 1998, basic user rates shall be used in the computation of metered sewer user services. These rates shall be reflected in the May billing each year thereafter (MC-92-581, MC-94-624, MC-97-693, R-01-001; R-01-026; R-02-023; R-03-014; R-04- 014; R-05-026; R-06-016;R-07-019): (1) The basic user charge rate shall be adjusted annually effective February 1, 2001 and each February 1" thereafter based upon the Chicago Area Consumer Price Index Annual Average and shall be subject to annual review by City Council. Within Corporate Limits: The current Basic User Rate per 1,000 gallons used is $2.53 effective 2/l/08. Outside the Corporate Limits: The current Basic User Rate per 1,000 gallons used is $3.80 effective 2/1/08. (2) The treatment service surcharge rate for sewer users whose wastewater exceeds 240 mg/l of BOD5 shall be $0.21 per pound in excess of 0.20 pounds per 1,000 gallons. (MC-94-624) (3) The treatment service surcharge rate for sewer users whose wastewater exceeds 275 mg/1 of suspended solids shall be $0.13 per pound of suspended solids in excess of 0.23 pounds per 1,000 gallons. (MC-94-624) (4) For all users within the corporate limits of the City, there is hereby established a Fixed Debt Service Charge of $3.00 per month per user plus a Usage Debt Service Charge of $0.35 per 1,000 gallons of water used. (5) For all users outside the corporate limits of the City, there is hereby established a Fixed Debt Service Charge of $4.50 per month per user plus a Usage Debt Service Charge of $0.52 per 1,000 gallons water used except for users whose service is pursuant to an intergovernmental agreement. (g) The total sewer user service charge shall be computed according to the following formula: C=W(B+DU)+DC+X+P Where: C = Total Sewer User Service Charge B = Basic User Charge W = Water Use X = Surcharges for Excess Strength P = Penalties DC = Fixed Debt Service Charge DU = Usage Debt Service Charge Sec. 26-141. Sewer user service charges for unmetered users.(MC-97-693; R-01-001; R-01- 026; R02-023;R03-014;R-04-014; R-005-026; R-06-016;R-07-019). (a) All non -metered users of wastewater facilities within the corporate limits of the City shall pay a flat bi-monthly rate. The current charges for non -metered users located within the corporate limits are as follows effective 2/1/08: Fixed debt service charge $ 6.00 Variable debt service charge $ 5.71 Basic user charge $25.38 Total per billing cycle $37.09 (b) Non -metered users outside the corporate limits of the City shall pay 1 '/2 times the debt service charge per billing cycle.. Charges for non -metered users may be billed in monthly increments if service was received for a portion of a bi-monthly period on a pro-rata basis in increments of one-half of a bi-monthly period. Flat rate charges per bi-monthly billing period are determined as follows effective 2/1/08: Fixed debt service charge $ 9.00 Variable debt service charge $ 8.57 Basic user charge $38.07 Total per billing cycle $55.64 Sec. 26-142. Sewer charges reviewed annually. The adequacy of the sewer user service charges shall be reviewed annually by the certified public accountants for the City in their annual audit report. Sec. 26-143. Metering devices. Sewer users who obtain any portion of their water service from other than the City's water supply source shall install and maintain, at no expense to the City, water meters of a type approved by the Director for the purpose of metering the water usage obtained from such other sources. Sec. 26-144. Meter reading. Metered usage shall be read by the City or its agents to the lowest even increment of 1,000 gallons. (MC-90-548) Sec. 26-145. Billing, due dates; delinquency penalty. (MC-90-548) (a) Charges for sewerage services shall be rendered bi-monthly by the Finance Director. (b) All bi-monthly bills for such sewerage services shall be paid on or before the twentieth day after bills are mailed. Payment of bills for such bi-monthly periods after the twentieth day that bills are mailed shall subject the user to a penalty of 10% of the amount of the unpaid bill. Payment of bills for such bi-monthly periods after the forty-second day that bills are mailed shall subject the user to another penalty of 10% of the amount of the unpaid bill. (MC-95-634; MC-04-855) (c) All sewerage charges shall be collected by the Finance Director. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service on such premises, and the service is furnished to the premises by the City upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefore to the City of McHenry. Sec. 26-146. Lien declared. In the event charges for sewerage services are not paid within sixty days after the rendition of the bill for such service, such charges shall be deemed and are hereby declared to be delinquent and thereafter such delinquent charges shall constitute liens upon the real estate, upon or from which sewerage services are supplied. The City is hereby directed to file sworn statements showing such delinquencies in the Office of the Recorder of Deeds of McHenry County, Illinois, which shall be deemed notice of the lien for payment of such sewerage service; provided, however, that the City Clerk may refrain from filing such a statement of delinquencies if the City proposes to sue or shall have sued the occupant or user of the real estate in a civil action to recover such delinquent charges. Sec. 26-147. Termination of service upon nonpayment. It is hereby declared to be a policy of the City that in the event that any person or other legal entity whose residence or other building is connected to a sewer which is tributary to the works of the system fails to pay the user service charges as assessed under this Ordinance, said sewer shall be disconnected from the public sewer. Sec. 26-148. Termination procedure. (a) In the event that the user service charges, after having been billed in accordance with this ordinance, remain unpaid for 22 days thereafter, the following Notice shall be forwarded by first class mail, or personal service to the owner, user or occupants, at the address of the building being served by the City: (MC-89-479; MC-90-548) NOTICE OF DELINQUENCY You are hereby notified that the sewer user service charges billed to you under date of (insert date) under the Sewer User Service Charge Ordinance of the City of McHenry for the building located at (insert address) have not been paid and remain delinquent. If you dispute these delinquent sewer user service charges that have been billed to you and desire a review thereof, you must, within 10 days hereafter, present your complaint or dispute in writing to the City Council. In the event that you fail to file a written complaint or dispute with regard to your bill as aforesaid and also fail to pay said user service charges within 20 days hereafter, your service will be disconnected and your building will be red -tagged as unfit for human occupancy on the 28th day after date of this notice. Date: CITY OF McHENRY, ILLINOIS Finance Director (b) The City Council hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red -tagged by the City after appropriate Notice has been given that the building is "unfit" for human occupancy." (c) In the event that such user service charges remain unpaid on the 21" day after the mailing or personal service of the aforesaid Notice, the following notice shall be forwarded by first class mail, or personal service to the owner, user or occupants of the building and also affixed to the front door of the building or housing unit within a building: (MC-89-479; MC-90-548) NOTICE OF TERMINATION You are hereby notified that there has been no response to the Notice of Delinquency in the payment of the sewer user service charges and the 20-day period therein stated has lapsed. You are hereby notified that on (insert date 28 days after service of Notice of Delinquency) the City will physically disconnect the building sewer of your building to which it is connected and will red -tag the building located at (insert address) as "unfit for human occupancy." Date: LM CITY OF McHENRY, ILLINOIS Finance Director (d) The manner of severance and procedure for disconnection shall be determined by the City. Upon completion of said disconnection, the City shall forward to the occupant of the building by registered mail, return receipt requested, certified mail or personal service, a bill for the costs of making the disconnection, including all costs for labor and materials. Sec. 26-149. Reinstatement of service. Upon payment to the City of the full delinquency, plus penalties, plus the cost of disconnection and a $100.00 administrative fee, the City will issue a permit for reconnection of the building service line to the works of the system. Such reconnection costs, plus inspection fees in accordance with City ordinances, shall be at the sole expense of the user. Upon reconnection and payment of all costs described above, the City, through its agents, shall remove the red -tag from the building. Sec. 26-150. Disposition of revenues by Finance Director. All of the revenues and monies derived from the operation of the sewerage system shall be held by the Finance Director separate and apart from all other funds of the City, and all of the same, without any deductions, shall be delivered to the Finance Director not more than 10 days after the receipt of the same or at such more frequent intervals as may from time to time be directed by the Council of the City. Sec. 26-151. Deposit; record of funds. The Finance Director shall receive all revenues from the sewerage system and all other funds and monies incident to the operation of said system as the same may be delivered to him, and shall deposit the same in a separate fund designated as the "Sewerage Fund" of the City and shall divide and administer the said sewerage fund in every respect as provided by City Council. He shall establish a proper system of accounts and shall keep proper books, records and accounts (separate from all other records and accounts) in which complete and correct entries shall be made of all transactions relating to the sewerage system. Sec. 26-152. Annual audit of accounts. At regular annual intervals, the Finance Director 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 wastewater facilities, including a replacement cost, to indicate that sewer service charges under the user charge system do in fact meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following: 1. Flow data showing total gallons received at the wastewater plant for the current fiscal year. 2. Billing data to show total number of gallons billed. 3. Number of users connected to the system. 4. Number of non -metered users. 5. A list of users discharging non -domestic wastes (industrial users) and volume of waste discharged. 6. Total pounds BOD5 and total pounds suspended solids received at the wastewater plant for the current fiscal year. Sec. 26-153. Access to records. The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the City which are applicable to the City system of user service charges for this purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to the State. Sec. 26-154. Effective date of rates. The rates and charges established for sewer user service in Sections 26-140 and 26-141 shall be effective as of January 1, 1991, and on bills to be rendered for each succeeding bi-monthly billing cycle thereafter. (MC-90-548) Secs. 26-155 - Sec. 26-164. Reserved ARTICLE IV. WATER AND SEWER CAPITAL DEVELOPMENT FEE Sec.26-165. Established. Pursuant to the authority granted in 65 ILCS 5/11-150-1, and upon authority contained in other provisions of the State statutes, there is hereby established within the City a charge, which shall be known as the "Water and Sewer Capital Development Fee." This charge shall be in addition to all other water and sewer connection or tap -on fees now in existence in the City. See.26-166 Amount. Effective January 1, 1998, the Water and Sewer Capital Development Fee for residential and non- residential buildings shall be as indicated in the following tables. Further, Capital Development Fees shall be increased May 1, 1999 and each May 1st thereafter by the percentage increase in the Enzineerinz News Record Construction Cost Index, and shall be subject to annual Council review. Current amounts are: (a) Residential Building Uses: (MC-89-484; MC-91-556; MC-97-695; MC-99-745) Effective 5/1/2007 Residential Building Uses: Water Sewer Detached Single Family: Two bedroom or less $1694.00 $2008.00 Three bedroom $2936.00 $2882.00 Four bedroom or more $3157.00 $3690.00 Five bedroom or more $3157.00 $3751.00 Attached Single Family: One bedroom $1002.00 $1186.00 Two bedroom $16668.00 $1981.00 Three bedroom $2005.00 $2428.00 Four bedroom or more $2640.00 $3126.00 Apartments: Efficiency $1085.00 $1289.00 One bedroom $1474.00 $1751.00 Two bedroom $1605.00 $1904.00 Three bedroom $2562.00 $3038.00 (b) Non -Residential Building Uses. (MC-93-600; MC-97-695; MC-99-745) Effective 5/l/2007 Non -Residential Building Uses Water Meter Size City Water City Sewer Connection to Connection Connection Both City Water Only Only and Sewer 3/4" $ 2,936.00 $ 2,882.00 $ 5,818.00 1 $ 8,218.00 $4,817.00 $ 13,035.00 1 1/2 " $ 14,091.00 $ 9,601.00 $ 23,692.00 2" $ 23,484.00 $15,367.00 $ 38,851.00 3" $ 52,841.00 $30,763.00 $ 83,604.00 4" $146,780.00 $48,063.00 $194,843.00 6" $146,780.00 $96,095.00 $242,875.00 (c) A separate charge shall also be assessed to each user for connection to either the water or sewerage system, or to both, whenever such user increases the size of its water meter (whether to City water or otherwise); such separate charge shall be calculated by deducting the amount of the charge specified in paragraph (b) of this Section for the then existing water meter size from the amount of the charge specified in paragraph (b) of this Section for the diameter to which the water meter is to be increased. (MC-93-600) (d) Nothing in this Section shall be interpreted to assess a Capital Development Fee for fire suppression systems. (MC-93-600) Sec. 26-167. Against whom assessed; when payable. The Water and Sewer Capital Development Fee shall be assessed against new or additional users where the new or additional use is the result of future building construction which requires a building permit and which also involves or contemplates connection to the sewage collection and treatment system or the water system of the City, provided however, that said fee shall be assessed to all connecting users whose property is annexed to the City after the effective date of amendatory ordinance #0-77-115, unless such fees are expressly waived or otherwise modified by pre -annexation agreement. The charges shall be payable at the time a building or connection permit is issued. Sec. 26-168. Disposition of revenue. The revenue received by the City from the Water and Sewer Capital Development Fee charges shall be deposited into a fund which shall be known as the "Waterworks and Sewer Capital Development Fund," and shall be used in the manner provided by law. The monies to the credit of such fund may be invested from time to time by the Finance Director of the City as provided by law. All accrued interest on any investments shall be credited to such fund. Sec. 26-169. Copy of Article to be filed with the Recorder of Deeds; duty of Clerk with respect to collection. A copy of this Article, as amended, properly certified by the City Clerk, shall be filed in the office of the Recorder of Deeds of McHenry County, and shall be deemed notice to all owners of real estate of their liability for service supplied to any user of the service of the combined waterworks and sewerage system of the City on their properties. It shall be the duty of the City Clerk and such other officers of this City to take all action necessary or required by the laws of the State to file all claims and liens for money due to the City and to prosecute and enforce such claims in the manner, form and time as permitted by the laws of the State. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 11 TH day of FEB , 2008. Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON Voting Nay: NONE Not Voting: NONE Absent: NONE Abstain: N O N E APPROVED: ayor (SEAL) ATTEST: / Cit Clerk