HomeMy WebLinkAboutOrdinances - MC-89-473 - 01/04/1989 - Ch 26 recodification of water/sewer chapterORDINANCE NO. MC-89-473
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Chapter 26 of the Municipal Code, City of
McHenry, Illinois, be and the same is hereby amended to read
as set forth in the draft of said Chapter 26, which is
attached hereto as Exhibit 1 and incorporated herein by
reference.
SECTION 2. Any person, firm or corporation violating
any provision of this ordinance shall be fined not less than
Twenty Five Dollars ($25.00) nor more than Five Hundred
Dollars ($500.00) for each offense committed on each day
during, or on which, a violation occurs or continues.
SECTION 3. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication
in pamphlet form, as provided by law.
PASSED this 4th day of January , 198 9.
AYES: Lieder, McClatchey, Nolan, Patterson, Smith, Teta
NAYS: Bol ger
ABSTAINED: None
ABSENT: Serri tel 1 a
NOT VOTING: None
APPROVED this 4th day of January , 1989.
KAYM
ATTEST:
zot"
CITY CLERK
CHAPTER 26 (MC-89-473)
WATER AND SEWERS*
ARTICLE I. WATER
DIVISION 1. GENERALLY
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 twenty-four (24) hours notice having been given to the City
Building Officer. All such connections shall be inspected by and made under
the supervision of the Superintendent of Public Works' office. 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, and shall be based on the
diameter of the pipe tap at the water main, regardless of use intended, as
follows:
DIAMETER OF
PIPE TAP
CHARGE FOR COST
OF
AT
WATER
MAIN
PERMIT FEE
WATER METER
N
inc
1
inch
300.00
140.00
1-1/2
inch
600.00
315.00
2
inch
800.00
1,125.00
3
inch
1,200.00
1,355.00
4
inch
1,600.00
2,015.00
6
inch
(high minimum
flow)
2,400.00
1,945.00
[**]
6
inch
(regular)
2,400.00
3,760.00
8
inch
(high minimum
flow
3,200.00
2,295.00
[**]
[*] Upon approval of the Superintendent of Public Works the meter size
can differ from the pipe tap size and the meter charge shall be
based upon the meter size as stated in the Charge For Cost Of Water
Meter column above.
[**] These meters are only permitted when minimum flow is greater than
25 gpm.
* Cross Reference - Plumbing regulations,
special flood hazard areas, Ch. 8.
** Cross Reference - Permits generally, Ch.
Sec. 7-46 et seq.; development in
12
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(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 (2) terminal ends and shall be connected with flared
couplings at such terminal ends. The use of sweated joints, lead pipe and
lead solder is prohibited.
(d) All water service lines having a diameter of three (3) or more inches
shall be made of ductile iron 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. 26-3. 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 Superintendent of
Public Works, or some other person authorized by him to perform this service.
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 Council 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 (3/4) vote of all members of said Council. In the event such
service is furnished, the user, connection and Capital Development fees, rates
and charges therefor shall be one and one-half (1 1/2) 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
Superintendent of Public Works.
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Sec. 26-7. Temporary prohibition against use of water for sprinkling lawns.
(a) For the safeguard of the public health, safety and welfare, the Mayor
and, in the Mayor's absence fran the City, the Superintendent of Public Works
is authorized, from time to time, to temporarily prohibit the use of water
fran 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.
Where, prior to July 6, 1965, watennains have been installed without a
stub terminating with a service valve, to the boundary line of adjoining
property, such stub and service valve shall be installed by the City at its
own expense. All other service lines frao 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
Superintendent of Public Works.
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 Superintendent of Public Works.
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.
* Cross Reference - Peneits, notice required for connections; fees,
supervision, inspection, Sec. 26-2.
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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 and premises using the City water supply
until a water meter and reader shall have been installed thereon as required
by this Article.
(b) Meters and readers required. All premises using the City water
supply must be equipped with a water meter and reader 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 and reader, furnished
by
the City,
shall
be installed by the owner of each unmetered premises.
The owner of the
premises furnished by such meter shall pad to the City
its
costs for
such
water meter and reader 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 and readers shall be placed in a
location of easy access to the Public Works Department; the owner shall
provide a proper opening in the piping provided with the necessary couplings,
unions and by-pass required to install the meter.
(b) Meter by-pass. Where any water meter two (2) inches or larger is
to be installed, there shall also be a by-pass. The valve on said by-pass
shall be sealed and in no case shall said seal be broken without first
notifying the Superintendent 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) Installation of outside reader. Where an existing meter is
replaced and an outside reader is installed, where no previous outside reader
existed, the owner shall pad to the City a service charge of Thirty -Seven and
50/100 Dollars ($37.50). Where a meter is modified rather than replaced and
an outside reader is installed, where no previous outside reader existed, the
owner shall pad to the City a service charge of Fifteen Dollars ($15.00).
Each of these service charges shall be billed to the owner and shall be due
and payable to the City within 30 dads of the billing date. Payment of such
service charge after the due date shall subject the owner to an administrative
charge in the amount of ten percent (10%).
(c) Replacement of outside reader. Where an existing structure having
an outside reader is altered in and wad, or a fence is installed on the
property, so that outside meter reading is no longer conveniently feasible,
the owner of such premises shall pay to the City the entire material and labor
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costs of relocating the meter or outside reader. Said sum shall be payable at
the time the application for building or remodeling permit is obtained or at
the time requested by the City, whichever is sooner.
(d) 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.
(e) Replacement and testing program. The Superintendent of Public
Works shall initiate and maintain a program to replace all water meters on a
ten (10) year cycle. All water and/or sewer users using a water meter who are
receiving water and/or discharging wastewater in excess of 750,000 gallons per
year shall have their water/sewer meter tested for accuracy at least every two
years.
Sec. 26-23. READING METERS.
(a) Duty Of City Clerk. The City Clerk 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 inside and outside water
meters and also for the purpose of inspecting, repairing, installing,
modifying and replacing water meters and water meter readers. 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 Twenty Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00)
for each day during, or on which such access to the premises has been
prevented.
Sec. 26-24. User rates.
The quarterly rates for the use of water of the City waterworks through a
meter shall be as follows:
(1) For the first six thousand (6,000) gallons or fraction
thereof, Four Dollars and Fifty Cents ($4.50).
(2) For each succeeding one thousand (1,000) gallons thereof,
Seventy Five Cents ($0.75). Metered usage shall be read by
the City to the lowest even increment of 1,000 gallons.
Provided however, that 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 quarterly rate which shall be paid for
City water shall be Four Dollars and Fifty Cents ($4.50) per 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
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rentals, nursing hones, hospitals and congregate care facilities, the
quarterly rate shall be the metered rate for the entire building.
All water charges shall be collected by the City Clerk. 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 therefor to the City of Mckenry.
Sec. 26-25. Water Rates in Lakeland Park and Lakeland Shores Subdivision.
Until May 1, 1992, the water use rates which shall be paid in the
Lakeland Park and Lakeland Shores Subdivisions in the City by each user of the
water furnished by the City through a meter shall be as follows:
(1) For the first six thousand (6,000) gallons or fraction
thereof, Ten Dollars and Fifty Cents ($10.50).
(2) For each succeeding one thousand (1,000) gallons, One Dollar
and Seventy Five Cents ($1.75). Metered usage shall be read
by the City to the lowest even increment of 1,000 gallons.
Provided however, that in the case of apartment, commercial and
industrial buildings having more than one rental unit, each or sane of which
contain water service facilities, the quarterly rate which shall be paid for
City water shall be Ten Dollars and Fifty Cents ($10.50) per 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
quarterly rate shall be the metered rate for the entire building. Fran and
after May 1, 1992 the water user rates paid in Lakeland Park and Lakeland
Shores Subdivisions shall be the same rates charged in Section 26-24.
Sec. 26-26. Billing and collection.
(a) Charges for water services shall be rendered quarterly by the City
Clerk.
(b) All water rates shall be collected by the City Clerk except as
hereinafter provided and all persons shall pay their bills for water consumed
on or before the twentieth day of the months of February, May, August and
November; payment of bills for such quarters after the twentieth day of said
months shall subject the user to a penalty of ten (10) per cent of the amount.
of the unpaid bill; payment of bills for such quarters after the fifteenth day.
of March, June, September and December, respectively, shall subject the user
to another penalty of ten (10) per cent of the amount of the unpaid bill or
Seven Dollars and Fifty Cents ($7.50) whichever is greater.
(c) All water rates in the Lakeland Park and Lakeland Shores Subdivisions
in the City shall be collected by the City Clerk except as hereinafter
provided and all persons shall pay their bills for water consumed on or before
the twentieth day of the months of March, June, September and December
respectively; payment of bills for such quarters after the twentieth day of
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said months shall subject the user to a penalty of ten (10) per cent of the
amount of the unpaid bill; payment of bills for such quarters after the
fifteenth day of April, July, October or January respectively, shall subject
the user to another ten (10) per cent of the amount of the unpaid bill or
Seven Dollars Fifty Cents ($7.50) whichever is greater.
Sec. 26-27. Terminating service for nonpayment; turn -on service charge.
The water supply may be shut off from any premises for which the water
bill remains unpaid for sixty (60) days after the bill is mailed.
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.
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 and, in addition thereto, a
turn -on service charge of Twenty Dollars ($20.00) and the costs of making the
disconnection, including all costs for labor and materials.
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 sixty (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 sixty (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 sixty (60) days after it has been rendered.
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Sec. 26-30. Water during construction.
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 City
water supply by previously making application therefore to the City Clerk and
by paying a $50.00 deposit for a water meter to measure the construction water
useage on the construction site. The contractor shall pay the City the sum of
$1.25 for each 1,000 gallons, or 'fraction thereof, of water used in connection
with the construction project as measured by said water meter. The aforesaid
$50.00 deposit shall be refunded when the water meter is disconnected by the
City and is found to be in good working condition.
Secs. 26-31 - 26-34. Reserved.
DIVISION 4. PRIVATE WATER WELLS AND SUPPLIES.
Sec. 26-35. Private water wells prohibited if public supply available;
exceptions.
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 provided that a service line is
not required to be installed by the owner under the paved portion of the road
in order to connect to said water main. A private source of water supply for
detached single-family dwellings is permissible provided the use thereof is
restricted solely for gardens, lawns, swimming pools or other outdoor purposes
other than human consumption.
Sec. 26-36. Connection upon extension of City water mains required.
Within one (1) 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 Superintendent 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 fran 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.
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DIVISION 5. WATER -USING AIR CONDITIONING
Sec. 26-45. Definitions.
For the purpose of this Division, the following terms, phrases, words,
and their derivations shall have the meaning herein given:
Air-conditioning system or system is one or more units for the cooling
or dehumidification, or both, of.space for human occupancy, and using water as
its medium.
Compressor horsepower (one) is the equivalent of one ton of
refrigeration which, for the purposes of this Division, is the heat required
to melt ice at the rate of one ton in twenty-four hours.
Water conservation device is a cooling tower, spray pond, evaporative
condenser or other equipment by which water is cooled and re -circulated,
thereby limiting the use of water from City mains to that amount lost through
evaporation.
Water regulating device is a regulating valve or other device, the
purpose of which is to limit the maximum use of water to a predetermined rate.
Sec. 26-46. Compliance required.
It shall be unlawful for any person to have installed or to operate any
air-conditioning system using City water as its medium without first
conforming to the provisions of this Division and the building and electrical
codes of this City.
Sec. 26-47. Approval, permit required; notice of completion.*
All persons who desire to install any system shall obtain approval of
their equipment and a permit therefor in advance from the Building Officer and
shall give notice of completion of the installation.
Sec. 26-48. Standards of operation.
Before issuing a permit as required herein, the Building Officer shall
find that the system complies with the following standards of operation:
(A) SYSTEMS USING THREE OR MORE COMPRESSOR HORSEPOWER. Systems using
three (3) compressor horsepower, or equivalent cooling capacity, or
over shall be equipped with an approved water conservation device
so that water from City mains shall be used for make-up flushing
purposes only.
(1) Efficiency of water conservation device. The water
conservation device required herein shall be of such
efficiency that it will operate with not over thirty (30)
gallons of City water per hour per ton of refrigeration. The
water level control on the tank or reservoir shall be so
adjusted as to prevent waste of water through the overflow.
* Cross Reference - Permits generally, Ch. 12.
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(2) Construction of make-up device. The make-up water
connection required herein shall be so arranged that the
supply has a physical break between the City water lines and
such device whereby it is impossible for water to siphon back
into the water lines in case of low pressure.
(B) SYSTEMS USING UNDER THREE COMPRESSOR HORSEPOWER. All systems
using under three (3) compressor horsepower or equivalent cooling
capacity shall be equipped with an approved automatic water
regulating device, so adjusted as to limit the use of City water to
nor more than thirty (30) gallons per hour per ton of refrigeration.
(C) EFFECT UPON CO -USERS. In no case shall any system adversely
affect the flow of water to other users in the area.
(D) DISCHARGE INTO CITY SEWERS. The discharge of waste into the City
sewage system shall in no case overburden the City system of sewage
disposal, cause a nuisance or violate the rules and regulations of
the City respecting safety of persons or property.
Sec. 26-49. Inspections required.
The Building Officer shall cause all systems regulated herein to be
inspected from time to time for compliance with this Code.
Sec. 26-50. Notice to correct noncompliance.
In case of noncompliance, the Building Officer shall notify the water
user to correct the condition within fourteen (14) days.
Sec. 26-51. Revocation of permit.
In the event of failure, or upon the refusal of the water user to comply
as ordered by the Building Officer, such official shall cause discontinuance
of the water service to such air-conditioning system, as provided herein.
Provided, that upon a showing of circumstances warranting such action, the
Building Officer shall have the authority to allow temporary water service to
such air-conditioning system.
Sec. 26-52. Appeals.
Whenever the Building Officer shall reject any plan or specification
submitted hereunder, issue an order requiring compliance or to cause
discontinuance of the water service to such air-conditioning system, the
person aggrieved shall have the right to appeal to the City Council, which
shall then consult with the City engineer as to the propriety of the appeal.
The decision of the City Council with respect to such appeal shall be final.
Secs. 26-53 - 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
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accordance with the Illinois Plumbing Code, 77 I1 l . Adm . Code 890. That, i f
in accordance with the Illinois Plumbing Code or in the judgment of the
Superintendent of Public Works or his authorized representative, an approved
backflow prevention device is necessary for the safety of the public water
supply system, the Superintendent 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 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
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
Superintendent of Public Works and the Illinois Environmental Protection
Agency.
Sec. 26-62. Surveys and investigations.
It shall be the duty of the Superintendent 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 Superintendent of Public Works shall deem
necessary. Records of such surveys shall be maintained and available for
review for a period of at least five (5) years.
Sec. 26-63. Right to enter premises.
The Superintendent 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 Superintendent of Public Works or his
authorized agent shall have the right to enter at arty 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 Superintendent 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 Superintendent of Public Works be deemed evidence of the
presence of improper connections as provided in this ordinance.
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Sec. 26-64. Termination of water service upon violation or contamination.
The Superintendent 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 dean 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 Five Hundred Dollars ($500.00) is paid to the City of McHenry.
Immediate disconnection with verbal notice can be effected when the
Superintendent 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 Superintendent 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 Superintendent 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 backsiphoned 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.
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.
BOD 5 - Biochemical oxygen demand which is defined as the quantity of
oxygen used in the biochemical oxidation of organic matter in five (5) days at
20 degrees C., determined by standard laboratory test procedures and expressed
in mg/l .
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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 (5) 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 Improveient 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.
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 the Illinois Environmental Protection Agency.
Easement - A legal right for the specific use of land owned by others.
Effluent Criteria - See applicable "NPDES Pennit" 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 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 qr wastewater from
sanitary convenience.
Maintenance - shall mean all manner of activity required, including,
but not limited to, labor, supply, contract repair work and administrative
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requirements to maintain the works, assets and property of the City for the
purpose of insuring its continued and uninterrupted operation.
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.
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 one-half
(1/2) inch 0.27 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.
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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, canmercial,
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
processs 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.
Slug - 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 than fifteen (15) minutes more than five (5)
times the average twenty-four (24) hour concentration or flows during normal
operation.
State Act - The Illinois Environmental Protection Act effective July 1,
1970 (Illinois Revised Statutes, Chapter 111-1/2, Sections 1001-1051)
Storm Sewer or Storm Drain - A sewer that conveys stonmwater 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.
Superintendent - The Superintendent of Public Works of the City or his
duly authorized deputy or representative.
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.
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Unpolluted Wastewater -
of water quality standards of
discharged to a natural outlet
Wastewater that would not cause any violation
the Water Pollution Regulations of Illinois when
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
manmade drainageway in or into which stonnwater runoff and surface water
drainage flow either continuously or intermittently.
Sec. 26-71. Powers and authority of inspectors.
(a) The Superintendent, 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
Superintendent 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 Superintendent, 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 i nj ury 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 Superintendent 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
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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 (1) year after
date of official notice to do so, provided that said public sewer is within
one hundred (100) feet of the property line. Said owner shall extend the
public sewer in said street, alley, easement or right-of-way to the farthest
portion of his premises.
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, tapering 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 three -fourths (3/4) vote of all members of said
Council. The connection and Capital Development fees, and charges for such
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service shall be one and one-half 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
Superintendent.
Sec. 26-79. Responsibility for installation; supervision.
Where, prior to July 6, 1965, sewer mains have been installed without a
stub terminating with a service valve, to the boundary line of adjoining
property, such stub and service valve shall be installed by the City at its
own expense. All other 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
Superintendent.
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.
Secs. 26-81 - 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 authorities and file a copy thereof with the City Building Officer.
Sec. 26-88. When permit effective; inspection.
A permit for a private sewage disposal system shall not became effective
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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 City Building Officer 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
twenty-one thousand (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.
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 Superintendent.
Sec. 26-102. Classes of building sewer permits.
There shall be four (4) classes of building sewer permits:
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(a) single-family residential;
(b) multiple -residential structures;
(c) commercial structures; and
(d) industrial structures.
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 Superintendent; 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 shall be charged for sanitary sewer
connections, as follows:
Single family residences . . . . . . $250.00
Multiple residential structures, for each residential unit . . . 250.00
Commercial structures . . . . . . . . . . . . . . . . . . . . . 300.00
Industrial structures . . . . . . . . . . . . . . . 300.00
Hotels and motels, for each rental unit . . . 100.00
Nursing hones, retirement houses and hospitals, �for each bed . . 100.00
The aforesaid fees shall be paid at the time the application for permit is
filed.
Sec. 26-105. Liability for costs; indemnification of City.
All costs and expenses incident to the installation and connection of the
building sewer shall be borne by the owner. 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. 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 $100,000/$300,000 for bodily injury and $50,000 covering property
damage.
Sec. 26-106. Standards and specifications for building sewers.
(a) The building sewer shall be extra strength vitrified clay pipe and
fittings conforming to ASTM Specification C700 with compression type joints
conforming to ASTM Specification C425, or extra heavy cast iron soil pipe and
fittings conforming to CISPI Specifications HS-67 with compression type rubber
gasket joints conforming to ASTM Specification C564, or other suitable
materials approved by the Superintendent.
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(b) The building sewer shall not be less than six (6) inch diameter size
pipe installed at a minimum invert slope of 0.125 (1/8) inch per foot, or not
less than four (4) inch diameter size pipe in length of not less than ten (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 Superintendent 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 at the "Y" branch, if such branch is available at a suitable location.
If the public sewer is twelve (12) inches in diameter or less, and no properly
located "Y" branch is available, the owner shall, at his expense, install a
"Y" branch in the public sewer at the location specified and installation
approved by the Superintendent. Where the public sewer is greater than twelve
(12 ) inches in diameter, and no properly located "Y" branch is available, a
neat hole may be cut into the public sewer to receive the building sewer, with
entry in the downstream direction at an angle of about forty-five (45)
degrees. A forty-five (45) degree ell may be used to make such connection,
with the spigot end cut so as not to extend past the inner surface of the
public sewer. The invert of the building sewer at the point of connection
shall be at the same or a higher elevation than the invert of the public
sewer. A smooth, neat joint shall be made, and the connection made secure and
watertight by encasement in concrete. Special fittings may be used for the
connection when approved by the Superintendent.
(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 four (4) inches under the pipe barrel and two (2) inches
under bells. It shall be carefully placed and compacted around the pipe to
provide uniform support to the bottan quadrant.
(e) Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. 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.
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 Superintendent, to meet
all requirements of this Article.
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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 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
Superintendent 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.
Sec. 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
Superintendent.
Secs. 26-113 - 26-119. Reserved.
DIVISION 4. USE OF PUBLIC SEVERS
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 Superintendent. Industrial cooling water or unpolluted
process waters may be discharged, on approval of the Superintendent to a storm
sewer or natural outlet.
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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 flamable 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 fleshings, 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 Superintendent 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 Superintendent
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 one hundred
fifty (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 one hundred (100)
mg/l or containing substances which may solidify or become viscous
at temperatures between thirty-two (32) and one hundred fifty (150)
degrees Fahrenheit (0 and 65 degrees centigrade).
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(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 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/l as Hg
at any time except as permitted by the City in compliance with
applicable state and federal regulations.
( i ) Any cyanide in excess of 0.025 mg/l at any time except as permitted
by the City in compliance with applicable state and federal
regulations.
(j) 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 choloride 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.
(4) Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
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(1) Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment processes employed,
or are amenable to treatment only to such degree that the sewage
treatment plant effluent cannot meet the requirements of agencies
having jurisdiction over discharge to the receiving waters.
Sec. 26-124. Discharging to stone 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 Fifty
Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) 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 Superintendent 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 Superintendent 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 Superintendent 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
Superintendent 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 Superintendent, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts, or any flammable
wastes, sand or other harmful ingredients; except that such interceptors shall
not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the Superintendent,
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.
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Sec. 26-128. Control manholes.
The owner of any property serviced by a building sewer carrying
i ndustri al 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 Superintendent. 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 waters
and wastes to which reference is made in this ordinance shall be determined in
accordance with the 1 ate st 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 twenty-four (24) hour canposite of
all outfal l s 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 twenty-four (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 y waterme rs and/or other City approved metering
-1425-
devices for the purpose of paying all expenses associated
with operation, maintenance and replacement of the sewerage
system. The basic user charge shall be determi ned by
dividing the total of annual operation, maintenance and
replacement expenses by the total number of gallons billed
for sewer service in the twelve (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
be 1 ow average strength sewage. Average strength sewage is
determined to have the following characteristics:
a. A fi ve d ay, twe my de gree ce nti grade (200C )
bi ochemi cal oxygen demand (BODO of 240 mg/l .
b. A suspended solids (SS) content of 275 mg/l.
2. The Debt Service Chaff shall consist of the total of a
fixed monthly charge F2 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 fran time
to time de pe ndi ng upon the amount of re ve nue bond s
outstanding. The variable charge shall be adjusted to make
up the difference in debt service cost.
3. A Treatment Se rvi ce Surcharge will be charged to all users
whose —d'i^sc arge s exceed average concentrations for BOD5
(240ng/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 uni t rate of BOD5 and SS
surcharge calculations shall be canputed as follows:
a. Proportion the estimated annual revenue required to
operate and mai ntai n the wastewater faci li ties,
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. Canpute the unit costs per pound of BODS 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.
-1426-
(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 mete ri ng 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 Superintendent and shall be binding as the
basis for camputi ng the surcharge.
(f) The rates to be used in the computation of the metered sewer user
service charge shall be as follows:
1. The basic user charge rate shall be $1.00 per 1,000 gallons of
water used.
2. The treatment service surcharge rate for sewer users whose
wastewater exceeds 240 mg/l of BOD5 shall be $0.17 per pound in
excess of 0.20 pounds per 1,000 gallons.
3. The treatment service surcharge rate for sewer users whose
wastewater exceeds 275 mg/l of suspended solids shall be $0.11 per
pound of suspended solids in excess of 0.23 pounds per 1,000
gallons.
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 canputed according to
the following formula:
C = W(B + DU) + DC + X + P
whe re C = Total Sewer User Service Charge
B = Basic User Charge
W = Wate r Use
X = Surcharges for Excess Strength
P = Penalties
DC = Fixed Debt Service Charge
DU = Usage Debt Service Charge
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Sec. 26-141. Sewer user service charges for urmetered users.
Al 1 non -metered users of wastewater facilities within the corporate
limits of the City shall pay a flat rate of $36.00 per quarter, being the
total of the fixed debt service charge, ($9.00 per quarter); the basic user
charge of $1.00 per thousand gallons and the variable debt service charge of
$0.35 per thousand gallons. Non -metered users outside the corporate limits of
the City shall pay one and one-half (1 1/2) times the debt service charge
portion as indicated in the table below. Charges for non -metered users may be
billed in monthly increments if service was received for a portion of a
quarter on a pro-rata basis in increments of one-third (1 /3) of a quarterly
bill. Flat rate charges are determined as follows:
Inside Outside
Corp. Limits Corp. Limits
Debt Se rvi ce Charge Per Quarter $9.00 $13.50
Debt Service Charge to 20,000 Gallons
Per Quarter $7.00 $10.50
Basic User Charge to 20,000 Gallons
Per Quarter $20.00 $20.00
TOTAL FLAT RATE $'Mm. II
Sec. 26-142. Sewer charges reviewed annually.
The adequacy of the sewer user service charges shall be reviewed annually
by the ce rti fi ed 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 fran other than
public water supply sources may install and maintain, at no expense to the
City, water meters of a type approved by the Superintendent for the purpose of
metering the water usage obtained fran such other sources. Whenever the
Superintendent determines that a non -metered sewer user is discharging more
than 80,000 gallons annually, the Superintendent may require such non -metered
sewer user to install metering devices on the building water supply or
bui ldi ng sewer to measure the volume of wastewater discharged to the public
sewer. When the volume of wastewater discharged to the public sewer cannot be
otherwise determined by use of water meters, metering devices shall be
installed and maintained, at no expense to the City, wherever required by the
Supe ri me nde nt.
Sec. 26-144.
Meter reading; mail -in card.
Metered usage shall
be
read by the City to the lowest
even increment of
1,000 gallons.
When the
City has
been
unable to read a user's water
meter, a mail -in
card shall be
provided
such
user, on which the user shall
record the water
meter reading
and return
it
to the City within five (5) days
after being
-1428-
furni shed said card. whenever a mail -in card is not returned as herein
required, the City Clerk shall bill service charges to the user based upon the
Clerk's estimate of the user's water use consistent with previous usage.
Sec. 26-145. Billing, due dates; delinquency penalty.
(a) Charges for sewerage services shall be rendered quarterly by the City
Clerk.
(b) All quarterly bills for such services furnished to premises located
in Lakeland Park and Lakeland Shores Subdivisions shall be paid on or before
the twentieth day of the months of March, June, September and December,
respectively; payment of bills for such quarters after the twentieth day of
said months shall subject the user to a penalty of ten percent (10%) of the
amount of the unpaid bill or Seven Dollars and Fifty Cents ($7.50), whichever
is greater; payment of bills for such quarters after the fifteenth day of
April, July, October or January respectfully, shall subject the user to
another ten percent (10%) of the amount of the unpaid bill or Seven Dollars
and Fifty Cents ($7.50) whichever is greater.
(c) All quarterly bills for such se rvi ce s furnished to premi se s located
in the rem ai nde r of the City outside of Lakeland Park and Lakeland Shores
Subdivisions shall be paid on or before the twentieth day of the months of
February, May, August and November, respectively; payment of bills for such
quarters after the twentieth day of said months shall subject the user to a
penalty of ten percent (10%) of the amount of the unpaid bill or Seven Dollars
and Fifty Cents ($7.50) whichever is greater; payment of bills for such
quarters after the fifteenth daffy of the months of March, June, September and
December, respectively, shall subject the user to another penalty of ten
percent (10%) of the amount of the unpaid bill or Seven Dollars and Fifty
Cents ($7.50), whichever is greater.
(d) All sewerage charges shall be collected by the City Clerk. 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
se rvi ce is furnished to the premi se s by the City upon the condition that the
owner of the premises, occupant and user of the service are jointly and
severally liable therefor to the City of McHenry.
Sec. 26-146. Lien declared.
In the event charges for sewerage services are not paid within sixty (60)
days after the rendition of the bill for such se rvi ce , 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 fron 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 fran 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 ci vi 1
action to recover such delinquent charges.
-1429-
Sec. 26-147. Termination of service upon nonpayment.
It i s he re by decl ared to
be a poli cy of the Ci ty
that i n the a ve nt 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
fran 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, remains unpaid sixty (60) days thereafter,
the following Notice shall be forwarded by registered or certified mail,
return receipt requested, or personal service to the owner, user or occupants
at the address of the building being serviced by the City:
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 fifteen
(15) days hereafter, present your canplai nt or dispute in writing
to the Uti 1 i ti e s Carmi ttee of the City Council, which is empowered
to review bills and to rectify any errors. In the event that you
fail to file a written canplai nt or dispute with regard to your
bill as aforesaid and also fail to pay said user service charges
withi n thi rty (30) days hereafter, your service wi 11 be
disconnected and your building will be red -tagged as unfit for
human occupancy on the forty-fifth (45th) day after date of this
noti ce .
Date: CITY OF McHENRY, ILLINOIS
By:
City Clerk
(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 gi ve n that the building is "unfit"
for human occupancy."
(c) In the event that such user service charges remain unpaid on the
thirtieth (30th) day after the posting of the aforesaid Red -Tag Notice, the
following notice shall be forwarded by registered or certi fled mail, return
receipt requested, or personal service to the owner, user or occupants of the
building and also thumb -tacked or taped to the front door of the building or
housing unit within a building:
-1430-
NOTICE OF TERMINATION
You are hereby notified that there has been no response to the
Notice of De 1 i nque ncy in the payment of the sewer user se rvi ce
charges and the thirty (30) day period therein stated has lapsed.
You are hereby notified that on (here insert date 45 days after
service of Notice of Delinquency) the City will physically
disconnect the bui ldi'ng 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: CITY OF McHENRY, ILLINOIS
By:
City Clerk
(d) The manner of severance and procedure for disconnection shall be
determined by the City. Upon campleti on 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 One Hundred Dollar ($100.00) City supervision
fee, the City will issue a permit for reconnection of the building service
li ne to the works of the system. Such reconnecti on costs, pl us i nspecti on
fees in accordance with City ordinances, shall be at the sole expense of the
user. Upon reconnection and payment of all costs de scri bed above, the City,
through its agents, shall remove the red -tag from the building.
Sec. 26-150. Di sposi ti on of revenues by City Clerk.
All of the revenues and monies derived fran the operation of the sewerage
system shall be held by the City Clerk separate and apart fran all other funds
of the City, and all of the same, without any deductions, shall be delivered
to the City Treasurer not more than ten (10) days after the receipt of the
sane or at such more frequent intervals as may fran time to time be directed
by the Counci 1 of the City.
Sec. 26-151. Deposit; record of funds.
The City Treasurer shall receive all revenues from the sewerage sytem 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 di vi de and admi ni ste r
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
sy stem .
-1431-
Sec. 26-152. Annual audit of accounts.
At regular annual intervals, the City Treasurer shall cause to be made an
audit by an independent auditing concern of the books to show the receipts and
disbursements of the sewerage system.
In addition to the custamary operating statements, the annual audit
report shall al so reflect the, revenues and operating expenses of the
wastewater facilities, including a replacement cost, to indicate that sewer
se rvi ce 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. Nun be r of users connected to the system.
4. Nunber of non -metered users.
5. A list of users discharging non-danestic wastes (industrial users)
and vol une 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 Il li not s Envi ronmental 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 se rvi ce charges
for the 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, 1989, and on bills to be
rendered for each succeeding quarter thereafter.
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 Chapter 24, Paragraph 11-150-1 of
the I l li not s Re vi sed Statutes, and upon authori ty contai ned 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 . it
-1432-
This charge shall be in addition to all other water and sewer connection or
tap -on fees now in existence in the City .
Sec. 26-166 Amount.
The water and sewer capital development fee charged hereunder shall be as
follows:
(A) For residential motel.' hotel, hospital, nursing home and retirement
home use as follows:
(1) For
each single-family
residence, for each dwelling
unit
in a multi -family
dwelling structure containing
more
than one bedroom,
and for each dwelling unit in
every other residential
use containing more than one
bed room:
(a)
For connection to
City water system
only . .
.. . . . . . . . . . . . $400.00
(b)
For connection to
City sewerage system
only . . .
. . . . . . . . . . . . $750.00
(c)
For connection to
both City water and
sewerage sy stems
. . . . . . . . . . . . . . . $1,150.00
(2) For each dwelling unit in a multi -family dwelling
structure containing not more than one bedroom and
for each dwelling unit in every other residential
use containing not more than one bedroom:
(a) For connection to City water system
only $300.00
ne (b) For conction to'City sewerage system
only $500.00
(c) For connection to*both City water and
sewerage sy st ems . . . . . . . . . . . . . . . . $800.00
(3) For motel and hotel uses the following charges shall
be made for each bedroom therein (which shall be in
addition to the charge set forth in this Section for
commercial uses).
(a) For connection to City water system
only . . . . . . . . .. . . . . . . . . $250.00
( b ) For connection to City sewerage sy stem
only . .. . . . . . $400.00
(c) For connection to both City water and
sewerage sy st ems . . . . . . . . . . . . . . . . . $650.00
(4) For hospital use, the following charges shall be
made for each hospital bed:
(a) For connection to City water system
only . . .. . . . . . . . . . . . . . . $250.00
(b) For connection to City sewerage system
only . .. . . . . . . . . $400.00
(c) For connection to both City water and
sewerage sy steins . . . . . . . . . . . . . . . . . $650.00
-1433-
(5) For nursing home and retirement home uses, the following
charges shall be made
for each bed:
(a) For connection to
City water system
only .
. . . . . . . . . . .
. . . . $200.00
(b) For connection to
City sewerage system
only . . . . . .
. . . . . . . . . . .
. . . . $300.00
(c) For connection to
both City water and
se we rage systems
. . . . . . . . . . . . .
. . . . $500.00
(B)
For each commercial use and for each use not otherwise covered by
paragraphs (A) and (C) of
this Section, the charge
for connection
to either the water or sewerage system, or to both,
shall be based
on the diameter of the
water tap (whether to
City water or
othe rwi se , as follows) :
Connection
Di ame ter
Ci ty Water
City Sewer
to Both City
of Water
Connection
Connection
Water and
Tap
Only
Only
Sever
3/4 inch
$ 400.00
$ 750.00
$ 1,150.00
1 inch
600.00
1,125.00
1,725.00
1 1/4 inch
800.00
1,500.00
2,300.00
1 1/2 inch
1,000.00
1,875.00
2,875.00
2 inch
1,500.00
2,800.00
4,300.00
2 1/2 inch
2,200.00
4,100.00
6,300.00
3 inch
3,000.00
5,600.00
8,600.00
4 inch
6,000.00
11,000.00
17,000.00
(C) For each industrial use, the charge for connection to either the
water or sewerage system, or to both, shall be as follows:
(1) For connection to the City water system Four Hundred Dollars
($400.00) shall be charged for each three hundred (300)
gallons of water (or fractional part thereof) used per day.
(2) For connection to the City sewerage system Se ve n Hundred
Fifty Dollars ($750.00) shall be charged for each three
hundred (300) gallons of se we rage (or fractional part
thereof) discharged into the municipal sewer each day.
At the time application is made by the industrial user to connect
onto the City sewer or water, or both, the applicant shall file
with the City a written estimate of applicant's daily water and
sewage use, and applicant shall then pay City connection charges
based on such estimates. These estimated connection charges shall
be recanputed by the City at the time the applicant is billed by
the City for applicant's fourth full quarter of sewer or water
se rvi ce , and a statement for any additional connection fees shall
then be issued to and become due and payable by the applicant to
the Ci ty. .
The connection charges shall be calculated as follows: First, the
average daily water usage and/or sewerage discharge shall be
-1434-
calculated
for each of the applicant's first
four (4) full billing
quarters;
then the highest of the four (4)
full
billing quarters;
then the
highest of the four (4) average daily
amounts for water
usage and/or
sewerage discharge shall be
used
in lieu of the
applicant's
previous estimates in recanputi ng
the
connection charge.
If the amount is found to be due
fran the applicant to the City for
such connection charges, a ten
percent (10%) surcharge of such
amount shall be also paid by the
applicant.
(D) A separate charge shall also be
assessed to each canmerci al user
for connection to either the water or sewerage system, or to both,
whenever such user increases the
diameter of its water tap (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 tap
diameter fran the amount of the
charge specified in paragraph (B)
of the Section for the dimaeter to which the water tap is to be
i ncreased.
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 preannexati on agreement. The
charges shall be payable at the time a building or connection permit is issued.
Sec. 26-168. Di sposi ti on 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
fran time to time by the Treasurer of the City as provided by law. Al 1
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 canbined 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.
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