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HomeMy WebLinkAboutOrdinances - MC-69-39 - 06/16/1969 - CH 16 ADOPTIONLOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCH�NRY. ILLINOIS MC-39 J70- 69- `39 ORDINANCE BE IT ORDAINED by the City Council of the City of McHenry, that the Municipal Code of the City of McHenry, be and hereby is amended as follows: CHAPTER 16 ARTICLE I DEFINITIONS Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows; Sec. 1. "BOD" (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 degrees centigrade, expressed in milligrams per liter. Sec. 2. "Building Drain" shall mean that part of the lowest horizontal 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, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Sec. 3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. Sec. 4. "Combined Sewer" shall mean a sewer receiving both surface sunoff and sewage. Sec. 5. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. Sec. 6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. Sec. 7. "Natural Outlet" shall mean any outlet into a water- course, pond, ditch, lake, or other body of surface or groundwater. Sec. 8. "Person" shall mean any individual, firm, company, association, society, corporation, or group. -1- iec. 9. "pH" shall mean the logarithm of the reciprocal of the { weight of hydrogen ions in grams per liter of solution. ec. 10. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. >ec. 11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is con- trolled by public authority. c. 12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. 13. "Sewage" shall mean a combination of the water -carried wastes from residences, business buildings, institu- tions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sec. 14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. 15. "Sewage Works" shall mean all facilities for collecting pumping, treating and disposing of sewage. Sec. 16. "Sewer" shall mean a pipe or conduit for carrying sewage. c. 17. "Shall" is mandatory; "May" is permissive. ec. 18. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operations. ec. 19. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. ec. 20. "Superintendent" shall mean the Superintendent of Public Works of the City of McHenry or his authorized deputy, agent, or representative. Sec. 21. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by LOOZE & KINNE laboratory filtering. ATTORNEYS 3431 W. ELM STREET MCNENRY, ILLINOIS -2- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mc,4ENRY, ILLINOIS Sec. 22. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. ARTICLE II 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 McHenry, 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 outle within the City of McHenry, or in any area under the jurisdiction of said city, any sewage or other pollute waters, except where suitable treatment has been pro- vided 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 all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of McHenry and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City of McHenry, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within one (1) year after date of official notice to do so, provided that said public sewer in within one hundred (100) feet of the property line. ARTICLE III PRIVATE SEWAGE DISPOSAL Sec. 1. Where a public sanitary or combined sewer is not available under the provisions of Article II, 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 obtain a written permit signed by the Superintendent of Public Works for the City of McHenry. The application for such permit shall be made on a form furnished by the -3- EOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCHENRY, ILLINOIS City of McHenry, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent of Public Works. A permit and inspection fee of twenty- five ($25.00) dollars shall be paid to the City of McHenry at the time the application is filed. c. 3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent of Public Works or Deputy. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintend- ent of Public Works or authorized deputy when the work is ready for final inspection, and before any under- ground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Superintendent of Public Works. Sec. 4. The type, capacities, location, and layout of a private sewage disposal system shall comply with the rules, regulations and standards as established in the Building Ordinance of McHenry County, Illinois. 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 twenty thousant (20,000) square feet. 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 III, Section 4, a direct con- nection shall be made to the public sewer in complianc with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. Sec. 6. The owner shall operate and maintain the private sewag disposal facilities in a sanitary manner at all times, at no expense to the City of McHenry. Sec. 7. No statement contained in this article shall be con- strued to interfere with any additional requirements that may be imposed by the Health Officer. Sec. 8. When a public sewer becomes available, the building sewer shall be connected to said sewer within one (1) year and the private sewage disposal system shall be cleaned of sludge and filled with clean bank -run gravel or dirt. ARTICLE IV BUILDING SEWERS AND CONNECTIONS Sec. 1. No unauthorized person shall uncover, make any con- nections with or opening into, use, alter, or disturb -4- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHENRY. ILLINOIS Sec. 2. any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent of Public Works. There shall be four (4) classes of building sewer permits.: (a) for single-family residential, (b) for multiple -residential structures, (c) for commercial structures, and (d) for industrial structure In any rase, the owner or his agent shall make applica- tion on a special form furnished by the City of McHenry The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent of Public Works. A permit and inspection fee of two - hundred and fifty ($250.00) dollars for a single- family residential structure; two -hundred and fifty ($250.00) dollars for the first unit of a multiple - residential structure and fifty ($50.00) dollars for each additional unit; two -hundred and seventy-five ($275.00) dollars for commercial structures; and, three -hundred ($300.00) dollars for industrial structures, which shall be paid to the City of McHenry at the time the application is filed. Sec. 3. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City of McHenry from any loss or damage that may directly or indirect- ly be occasioned by the installation of the building sewer. ec. 4. A separate and independent building sewer shall be pro- vided for every building. c. 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent of Public Works, to meet all requirements of this ordinance. c. 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and state plumbing code or other applicable rules and regulations of the City of McHenry. 7. 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 an approved means and discharged to the building sewer. 1&1: ;ec. 8. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a build- ing sewer or building drain which in turn is con- nected directly or indirectly to a public sanitary sewer. )ec. 9. The connection of the building sewer into the public sewer shall conform to the requirements of the build- ing and state plumbing code or other applicable rules and regulations of the City of McHenry. All such con- nections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent of Public Works before installation. c. 10. The applicant for the building sewer permit shall notify the Superintendent of Public Works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent of Public Works or his representative. c. 11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, side- walks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City of McHenry. ARTICLE V USE OF THE PUBLIC SEWERS Sec. 1. No person shall discharge or cause to be discharged an stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. ec. 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designat ed storm sewers, or to a natural outlet approved by th Superintendent of Public Works. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent of Public Works, to a storm sewer or natural outlet. ec. 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. LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MGHENRY. ILLINOIS -6- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHENRY. ILLINOIS (b) Any waters or wastes containing toxic or poisonou 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 plan including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer. (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. (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, 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 thI following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent of Public works and/or City Engineer that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise en- danger life, limb, public property, or constitute a nuisance. In forming his opinion as to the accepta- bility of these wastes, the Superintendent of Public Works and/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 treat ment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees centigrade). (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at tempera- tures between thirty-two (32) and one hundred fifty (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 three -fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent of Public Works. (d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution whether neutralized or not. (e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent of Public Works for such materials. (f) Any waters or wastes containing phenols or other taste or odor -producing substances, in such con- centrations exceeding limits which may be estab- lished by the Superintendent of Public Works as necessary, after treatment of the composite sewag to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half- life or concentration as may exceed limits established by the Superintendent of Public Works and/or City Engineer in compliance with applicabl State or Federal regulations. (h) Any waters or wastes having a pH in excess of (9.5). (i) 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. LOOZE & KINNE ATTORNEYS 3431 W. EI.M STREET McHENRY, ILLINOIS LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHFNRY. ILLINOIS 4. Unusual volume of flow or concentration of wastes constituting "slugs" as defined here- in. (j) 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 other agencies having jurisdiction over discharge to the receiving waters. (k) It shall be unlawful for any person, firm, or corporation to discharge sanitary sewage or industrial waste water into any storm sewers which shall be constructed as a part of the im- provement jointly undertaken by the City and the State of Illinois and identified herein as joint City -State improvement along S.B.I. Route 20 (Illinois Route 120) State Section (14, 14X and 14W-2) RS and S.B.I. Route bl (Illinois Route 31) State Section (112 and 112 EXT.) RS, City Section 13 CS. Sec. 5. If any waters or wastes are discharged, or are propose, to be discharged to the public sewers, which waters contain the substances or possess the character- istics enumerated in Section 4 of this Article, and which in the judgment of the Superintendent of Public Works and/or City Engineer may have a deleterious effect upon the sewage works, process equipment, or receiving waters, or which other- wise create a hazard to life or constitute a public nuisance, the Superintendent of Public Works and/or City Engineer 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 cost of handling and treating the wastes not covered by existing taxes or sewer charges under the pro- visions of Section 10 of this article. If the Superintendent of Public Works and/or City Engineer permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the WC .s, LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHENRY, ILLINOIS review and approval of the Superintendent of Public Works and/or City Engineer, and subject to the re- quirements of all applicable codes, ordinances, and laws. >ec. 6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent of Public Works and/or 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 01 be of a type and capacity approved by the Superintend- ent of Public Works and/or City Engineer, and shall be located as to be readily and easily accessible for cleaning and inspection. c. 7. Where preliminary treatment or flow -equalizing facilit- ies are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effectiv operation by the owner at his expense. c. 8. When required by the Superintendent of Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes, such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent of Public Works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. c. 9. All measurements, tests, and analyses of the character- istics of waters 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 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 -10- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCHENRY. ILLINOIS be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hr. composites of all outfalls whereas pH's are determined from periodic grab samples. Sec. 10. No statement contained in this article shall be con- strued as preventing any special agreement or arrange- ment between the City of McHenry and any industrial concern whereby an industrial waste of unusual strengt or character may be accepted by the City of McHenry fo treatment, subject to payment therefore, by the industrial concern. ARTICLE VI PROTECTION FROM DAMAGE Sec. 1. No unauthorized person shall maliciously, willfully, o negligently break, damage, destroy, uncover, deface, o 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 VII POWERS AND AUTHORITY OF INSPECTORS Sec. 1. The Superintendent of Public Works and other duly authorized employees of the City of McHenry bearing proper credentials and identification shall be per- mitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Superintendent of Public Works or his representatives 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 waterways or facilities for waste treatment. Sec. 2. While performing the necessary work on private proper- ties referred to in Article VII, Section 1 above, the Superintendent of Public Works or duly authorized employees of the City of McHenry 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 of McHenry employees and the City of McHenry shall indemnify the company against loss or damage to its property by City of McHenry employees and 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 safe conditions as required in Article V. Section 8. -11- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHENRY, ILLINOIS iec. 3. The Superintendent of Public Works and other duly authorized employees of the City of McHenry bearing proper credentials and identification shall be per- mitted to enter all private properties through which the City of McHenry holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and main- tenance 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 VIII PENALTIES Sec. 1. Any person found to be violating any provision of this article of the Municipal Code of the City of McHenry, except Article VI shall be served by the City of McHenry 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. Sec. 2. Any person who shall continue any violation beyond the time limit provided for in Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding two hundred ($200.00) dollars 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 McHenry for any expense, loss, or damage occasioned the City of McHenry by reason of such violation. ARTICLE IX VALIDITY ISec. 1. All ordinances or parts of ordinances in conflict here with 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 X 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. -12- Passed this 16th day of June, 1969. A Mayor /City Clerk Voting Aye: / w ` Voting Nay: Absent: IN LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHENRY, ILLINOIS -13-