Chapter 13-08 SEWER SERVICE SYSTEM

“Approving authority” means those certain elected and/or appointed city officials or employees designated by the mayor and city council of the city, to oversee and/or enforce one or more sections of this chapter.

“Basic user charge” means the basic assessment levied on all users of the public sewer system.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius (20°C), expressed in milligrams per liter.

“Building drain” means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall.

“Building sewer” means the extension from the building drain to the public sewer or other place of disposal.

“Capital improvement charge” means a charge levied on users to improve, extend or reconstruct the sewage treatment works.

“City” means the city of Harvey.

“Combined sewer” means a sewer which is designed and intended to receive wastewater, storm, surface, and groundwater drainage.

“Commercial user” includes transit lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services.

“Control manhole” means a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a control manhole is to provide access for the city or MWRDGC representative(s) to sample and/or monitor discharge.

“Debt service charge” means the amount to be paid each billing period for payment of interest, principal and coverage of loans, bonds, etc. outstanding.

“Director” means the director of the Illinois Environmental Protection Agency.

“Easement” means an acquired legal right for the specific use of land owned by others.

“Effluent criteria” is defined in any applicable NPDES permit.

“Federal Act” means the Federal Clean Water Act (33 U.S.C. 466 et seq.) as amended, (Pub. L. 95217)

“Federal grant” means the U.S. government participation in the financing of the construction of treatment works as provided for by Title II-Grants for Construction of Treatment works of the Act and implementing regulations.

“Floatable oil” means 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” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

“Industrial users” includes establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products.

“Industrial waste” means any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.

“Institutional/governmental user” includes schools, churches, penal institutional/governmental, and users associated with federal, state and local governments.

“Local capital cost charge” means charges for costs other than the operation, maintenance and replacement costs, i.e., debt service and capital improvement costs.

“Major contributing industry” means an industrial user of the publicly owned treatment works that:

1. Has a flow of fifty thousand (50,000) gallons or more per average work day; or

2. Has flow more than ten percent of the flow carried by the municipal system receiving the waste; or

3. Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Act; or

4. Is found by the permit issuing authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works, or upon the quality of effluent from that treatment works.

The “Metropolitan Water Reclamation District of Greater Chicago (MWRDGC)” means an organization established under the laws of the state of Illinois, generally engaged in receiving and treating wastewater from the city of Chicago and some nearby suburbs. Also known in past as “The Metropolitan Sanitary District of Greater Chicago (MSDGC).”

“Milligrams per liter” means a unit of the concentration of water or wastewater constituent. It is 0.001 grain of the constituent in one thousand (1,000) ml of water. It has replaced the unit formerly used commonly, parts per million (ppm), to which it is approximately equivalent, in reporting the results of water and wastewater analysis.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

“NPDES permit” means any permit or equivalent document or requirements issued by the administrator, or where appropriated by the director, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to Section 402 of the Federal Act.

“Ordinance” means Ordinance 2691 as codified in this chapter.

“Person” any and all persons, natural or artificial including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency or other entity.

“pH” means the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlined in the IEPA Division of Laboratories Manual of laboratory Methods.

“Population equivalent” is a term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is one hundred (100) gallons of sewage per day, containing 0.17 pounds of BOD and 020 pounds of suspended solids.

“ppm” means parts per million by weight.

“Pretreatment” means the treatment of wastewaters from sources before introduction into the wastewater treatment works.

“Properly shredded garbage” means wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle bigger than one-half inch (1.27 centimeters) in any dimension.

“Public sewer” means a sewer provided by or subject to the jurisdiction of the city. It shall also include sewers within or outside the city boundaries that serve one or more persons and ultimately discharge into the city’s separate sanitary or combined sewer system, even though those sewers may not have been constructed with city funds.

“Replacement” means expenditures for obtaining and installing equipment, accessories or appurtenances which am necessary during the useful life of the wastewater collection system to maintain the capacity and performance for which the system was designed and constructed. The term “operation and maintenance” includes replacement

“Residential user” means all dwelling units such as houses, mobile homes, apartments, permanent multifamily dwellings.

“Separate sanitary sewer” means a sewer that conveys sewage or industrial waste, or a combination of both, and into which storm, surface, and groundwater or polluted industrial wastes are not intentionally admitted.

“Sewage” is used interchangeably with “wastewater.”

“Sewer” means a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage.

“Sewerage” means the system of sewers and appurtenances for the collection, transportation and pumping of sewage.

“Sewerage fund” means the principal accounting designation for all revenues received in the operation of the sewerage system.

“Shall” is mandatory; “may” is permissible.

“Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five times the average twenty-four (24) hour concentration for flows during normal operation.

“State Act” means the Illinois Anti-Pollution Bond Act of 1970.

“State grant” means the state of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with the Secretary of State of the state of Illinois.

“Storm sewer” means a sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial wastes other than unpolluted cooling water.

“Stormwater runoff” means that portion of the precipitation that is drained into the sewers.

“Surcharge” means an assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than normal concentration values established in this chapter.

“Suspended solids” means solids that either float on the surface of, or are in suspension in water, sewage or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in “Standard Methods.”

“Unpolluted water” means water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the separate sanitary or combined sewers and wastewater treatment facilities provided.

“Useful life” means the established period during which the collection system and/or treatment works will be operated.

“User charge” means a charge levied on users of treatment works for the cost of operation, maintenance and replacement.

“User class” means the type of user residential, institutional/governmental, commercial or industrial as defined herein.

“Wastewater” means the spent water of a community. From this standpoint, of course, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.

“Wastewater facilities” means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.

“Wastewater service charge” means the charge per billing period levied on all users of the wastewater collection system. The service charge shall be computed as outlined in Article 7.

“Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “pollution control plant.”

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

“Water quality standards” are defined in the Water Pollution Regulations of Illinois. (Ord. 2691 App. 1, 1991)

Article II. Use of Public Sewers Required

13-08-020 Unlawful acts.

A. It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city in any area under the jurisdiction of said city any human or animal excrement, garbage or other objectionable waste.

B. It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 2691 § 1 (Art. 1 §§ 1.1, 1.2, 1.3), 1991)

13-08-030 Installation of toilet facilities required.

The owner of all the houses buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located any public separate or combined sanitary sewer of the city, is required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet (91.4 meters) of the property line. (Ord. 2691 § 1 (Art. 1 § 1.4), 1991)

Article III. Private Sewage Disposal

13-08-040 Connection permitted—When.

Where a public separate or combined sanitary sewer is not available under the provisions of Section 13-08-030, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Ord. 2691 § 1 (Art. 2 § 2.1), 1991)

13-08-050 Permit required.

A. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the city.

B. A permit and inspection fee in accordance with the following schedule shall be paid to the city for each connection at the time the application is filed:

Industrial building	$250.00
Commercial building	150.00
Single-family home	50.00

Multiple family residential building fifty dollars ($50.00) for the first residential unit plus twenty-five dollars ($25.00) each for any additional residential units. (Ord. 2691 § 1 (Art. 2 § 2.2), 1991)

13-08-060 Inspection required.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city. The city representative shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two working days of the receipt of written notice by the city. (Ord. 2691 § 1 (Art. 2 § 2.3), 1991)

13-08-070 Compliance with state recommendations required.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act and Code and with the state of Illinois Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than forty-four thousand (44,000) square feet (4,089 square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 2691 § 1 (Art. 2 § 2.4), 1991)

13-08-080 Disconnection and abandonment—Required when.

At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13-08-030, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 2691 § 1 (Art. 2 § 2.5), 1991)

13-08-090 Operation and maintenance requirements.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the city. (Ord. 2691 § 1 (Art. 2 § 2.6), 1991)

13-08-100 Noninterference with health officer’s requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the city’s health officer. (Ord. 2691 § 1 (Art. 2 § 2.7), 1991)

13-08-110 Connection to public sewer—Required when.

When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord. 2691 § 1 (Art. 2 § 2.8), 1991)

Article IV. Building Sewers and Connections

13-08-120 Prohibited acts.

A. No unauthorized person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.

B. All disposal by any person into the sewer system is unlawful except those discharges in compliance with federal standards promulgated pursuant to the applicable Federal Act and more stringent state and local standards. (Ord. 2691 § 1 (Art. 3 §§ 3.1, 3.2), 1991)

13-08-130 Building sewer permits—Classes—Fees.

A. There shall be two classes of building sewer permits:

1. For residential and commercial service; and

2. For service to establishments producing industrial wastes.

B. In either case, the owner or his agent shall make application on a special 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 city.

C. A permit and inspection fee in accordance with the following schedule shall be paid to the city for each connection at the time the application is filed:

Industrial building	$250.00
Commercial building	150.00
Single-family home	50.00

Multiple family residential building fifty dollars ($50.00) for the first residential unit plus twenty-five dollars ($25.00) each for any additional residential units.

D. The owner(s) of an industrial building, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity. (Ord. 2691 § 1 (Art. 3 § 3.3), 1991)

13-08-140 Prerequisite for sewer permit and sewer connection.

A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. (Ord. 2691 § 1 (Art. 3 § 3.4), 1991)

13-08-150 Connection/installation costs—Owner responsibility.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 2691 § 1 (Art. 3 § 3.5), 1991)

13-08-160 Separate sewers required—Exceptions when.

A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 2691 § 1 (Art. 3 § 3.6), 1991)

13-08-170 Use of old sewers—Permitted when.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city, to meet all requirements of this chapter. (Ord. 2691 § 1 (Art. 3 § 3.7), 1991)

13-08-180 Technical codes requirements.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois shall apply. (Ord. 2691 § 1 (Art. 3 § 3.8), 1991)

13-08-190 Building sewer elevation.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved in accordance with Section 13-08-130 and discharged to the building sewer. (Ord. 2691 § 1 (Art. 3 § 3.9), 1991)

13-08-200 Prohibited connections.

No person(s) shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public separate sanitary sewer. (Ord. 2691 § 1 (Art. 3 § 3.10), 1991)

13-08-210 Connection requirements.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city before installation. (Ord. 2691 § 1 (Art. 3 § 3.11), 1991)

13-08-220 Inspection required.

The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city’s director of building and planning or his/her representative. (Ord. 2691 § 1 (Art. 3 § 3.12), 1991)

13-08-230 Excavation requirements.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 2691 § 1 (Art. 3 § 3.13), 1991)

Article V. Use of the Public Sewers

13-08-240 Prohibited discharges to sanitary sewers.

No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any separate sanitary sewer. (Ord. 2691 § 1 (Art. 4 § 4.1), 1991)

13-08-245 Construction and maintenance of sewerage facilities.¹

A. The city adopts by reference for the purposes of providing rules and regulations for the construction and maintenance of sewerage facilities within the city, the most current copy of the rules, regulations, ordinances, and policies listed in this section which are issued by the authorities indicated. All design and construction of sewers and sewer systems within the territorial boundaries of the city shall be governed by the minimum standards contained in the rules and regulations incorporated herein, identified as follows:

1. The Metropolitan Water Reclamation District of Greater Chicago (abbreviated as MWRDGC).

a. The watershed management ordinance (WMO).

b. The sewage and waste control ordinance.

c. The Technical Guidance Manual (TGM) which serves as a technical reference to the WMO.

d. The rules, regulations, resolutions, policies, directives, and instructions that may be adopted or issued from time to time by the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC).

e. The administrative procedures or directives issued by the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC).

2. State of Illinois, title 35, Ill. Admin. Code.

a. Pollution control board technical releases and other applicable rules and regulations issued.

b. The Illinois Recommended Standards for Sewage Works, part 370.

B. Right of Entry.

1. The city representatives are hereby authorized to enter, examine, and survey at all reasonable times all buildings, other structures, and properties within the city for the purpose of inspection of those premises to determine the status of compliance with the provisions of this code. The owner or occupant of every dwelling or rooming unit shall give the representatives free access to such unit or accessory building at all reasonable times for the purposes of such inspection, examination, and survey.

2. The city agent making an inspection as authorized by this section shall:

a. Identify himself to the owner, occupant, or controller of the premises involved;

b. Advise of the purpose of the inspection; and

c. Produce identification showing his relationship to the city in a form directed by the city board.

3. If the city’s agent is refused access or entry, the city shall proceed to obtain mandatory injunction in the circuit court to compel compliance with this section or seek such other remedy it determines best suits the circumstances. (Ord 3473 § 2, 2023)

13-08-250 Discharge of stormwater and unpolluted drainage.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged on approval of the city to a storm sewer, combined sewer, or natural outlet. (Ord. 2691 § 1 (Art. 4 § 4.2), 1991)

13-08-260 Prohibited waters or wastes.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

B. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create any hazard in the receiving waters of the sewage treatment plant;

C. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 2691 § 1 (Art. 4 § 4.3), 1991)

13-08-270 Prohibited substances.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the city that such wastes can harm either the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the city’s representative will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F), or sixty-five degrees Celsius (65°C);

B. Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred (100) mg/1, or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty degrees Fahrenheit (150°F), (0° and 65°C);

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city;

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, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the 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 waters or wastes having a pH in excess of 9.5;

I. Any mercury or any of its compounds in excess of 0.0005 mg/1 as Hg at any time except as permitted by the city in compliance with applicable state and federal regulations;

J. Any cyanide in excess of 0.025 mg/1 at any time except as permitted by the city in compliance with applicable state and federal regulations;

K. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),

3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

4. Unusual volume of flow or concentrations of wastes constituting “slugs” as defined herein;

L. 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. (Ord. 2691 § 1 (Art. 4 § 4.4), 1991)

13-08-280 Prohibited substances—City’s decision on discharge.

A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 13-08-270 and/or which are in violation of the standards for pretreatment provided in 40 CFR 403, June 26, 1978 and any amendments thereto, and which in the judgment of the city and/or the Metropolitan Water

Reclamation District of Greater Chicago (MWRDGC) may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge; and/or

4. 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 13-08-340.

B. If the city and/or MWRDGC permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city and MWRDGC, and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 2691 § 1 (Art. 4 § 4.5), 1991)

13-08-290 Grease, oil and sand interceptors—Required when.

Grease, oil and sand interceptors shall be provided when, in the opinion of the city and/or MWRDGC 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 city and/or MWRDGC, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 2691 § 1 (Art. 4 § 4.6), 1991)

13-08-300 Treatment facilities—Maintenance—Owner responsibilities.

Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 2691 § 1 (Art. 4 § 4.7), 1991)

13-08-310 Control manholes required.

Each industry shall be required to install a control or inspection manhole and, when required by the city and/or MWRDGC, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control or inspection manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 2691 § 1 (Art. 4 § 4.8), 1991)

13-08-320 Laboratory analyses, tests and measurements required.

A. The owner of any property served by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the city or regulatory agencies having jurisdiction over the discharge.

B. The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the city and/or MWRDGC, but no less than once per year. The owner must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the city at such times and in such manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses, and reporting required by the city. At such times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an outside laboratory service. (Ord. 2691 § 1 (Art. 4 § 4.9), 1991)

13-08-330 Wastes and waters examination methods.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control or inspection manhole provided, or upon suitable samples taken at said control or inspection manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls, whereas pH is determined from periodic grab samples.) (Ord. 2691 § 1 (Art. 4 § 4.10), 1991)

13-08-340 Wastes of unusual strength—Treatment allowed when.

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 therefor, in accordance with Article 7 hereof, by the industrial concern, provided such payments are in accordance with federal and state guidelines for user charge system and industrial cost recovery system. (Ord. 2691 § 1 (Art. 4 § 4.11), 1991)

Article VI. Sewage Works Protection—Enforcement Authority

13-08-350 Tampering with sewage works prohibited.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct. (Ord. 2691 § 1 (Art. 5), 1991)

13-08-360 Powers and authority of inspectors.

A. The duly authorized employee(s) of the city, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The city’s representative(s) shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in subsection (A) of this section, the duly authorized employees of the city, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such which may be caused by negligence or failure of the company to maintain safe conditions as required in Section 1308-310.

C. The duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 2691 § 1 (Art. 6 §§ 6.1, 62, 6.3), 1991)

Article VII. Wastewater Service Charges

13-08-370 Basis for wastewater service charges.

The wastewater service charge for the use of and for service supplied by the wastewater collection system of the city shall consist of a basic user charge, a debt service charge, a capital improvement charge and any applicable surcharges. (Ord. 2691 § 1 (Art. 8 § 8.1), 1991)

13-08-380 Basic user charge computation.

A. The basic user charge is levied on all users to recover the operation, maintenance plus replacement (0, M & R) costs and shall be based on water usage as recorded by water meters or sewage meters for wastes having the following normal domestic concentrations:

1. A five day, twenty degree Celsius (20°C) biochemical oxygen demand (BOD) of two hundred fifty (250) milligram per liter (mg/1);

2. A suspended solids (SS) content of three hundred fifty (350) mg/1.

B. The basic user charge shall be computed as follows:

1. Estimate the annual wastewater volume;

2. Estimate the projected annual revenue required to operate and maintain the wastewater collection system, including a replacement fund for the year, for all works categories;

3. Proportion the estimated 0, M & R costs to wastewater collection system categories by volume;

4. Computed costs per one thousand (1,000) gallons for normal domestic strength sewage;

5. Compute surcharge costs per pound for BOD and SS concentration in excess of normal domestic strengths. (Ord. 2691 § 1 (Art. 8 § 8.3), 1991)

13-08-390 Debt service charge computation.

The debt service charge is computed by apportioning the annual debt service as a fixed charge per billing period. (Ord. 2691 § 1 (Art. 8 § 8.3), 1991)

13-08-400 Capital improvement charge computation.

The capital improvement charge is levied on users to provide for capital improvements, extensions or reconstruction of the sewage collection system. The capital improvement charge is computed by apportioning the annual amount to be accrued as a fixed charge plus a charge per one thousand (1,000) gallons. (Ord. 2691 § 1 (Art. 8 § 8.4), 1991)

13-08-410 Surcharge for excessive discharge.

A. A surcharge will be levied on all users, the sewage discharged by whom in the city’s sewer system, exceeds the normal domestic concentrations of BOD (250 mg/1) and SS (350 mg/I), if the city council determines that a surcharge is necessary to pay any additional costs incurred by the city, due to the discharge of sewage described in this section. The surcharge will be based on water usage as recorded by water or sewage meters for all sewage which exceed the two hundred fifty (250) mg/I and three hundred fifty (350) mg/1 concentrations for BOD and SS respectively.

B. The concentration of sewage used for computing surcharges shall be established by sewage sampling. Such sewage sampling shall be performed as often as deemed necessary by the city and shall be binding as a basis for surcharges. (Ord. 2691 § 1 (Art. 8 § 8.5), 1991)

13-08-420 Service charge reviews—Notice.

A. The adequacy of the wastewater service charge shall be reviewed, not less often than annually, by certified public accountants for the city in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in local capital costs or operation, maintenance and replacement costs.

B. The users of the wastewater treatment services will be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charge which are attributable to the sewage collection system’s operation, maintenance and replacement. (Ord. 2691 § 1 (Art. 8 §§ 8.6, 8.7), 1991)

13-08-430 Measurement of flow.

The volume of flow used for computing basic user charges shall be the metered water consumption read to the lowest even increments of cubic feet.

A. If the person discharging wastes into the public sewers procures any part, or all, of his water from sources other than the public waterworks system, all or a part of which is discharged into public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the city for the purpose of determining the volume of water obtained from these other sources.

B. Devices for measuring the volume of waste discharged may be required by the city if these volumes cannot otherwise be determined from the metered water consumption records.

C. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the city. (Ord. 2706 § 1 (part), 1991)

13-08-440 Basic user charge.

There shall be and there is established a basic user charge of sixteen cents ($0.16) per one hundred (100) cubic feet of metered water consumption or sewage discharged, plus a fixed charge of fifteen cents ($0.15)/month/user, to be applied to all users to recover operation, maintenance and repair costs. (Ord. 2706 § 1 (part), 1991)

13-08-450 Debt service charge.

There shall be and there is established a debt service charge of zero dollar ($0.00) per month to each user of the city’s sewage collection system. (Ord. 2691 § 1 (Art. 8 § 8.10), 1991)

13-08-460 Capital improvement charge.

There shall be and there is established a capital improvement charge of zero dollar ($0.00) per month to each user of the city’s sewage collection system. (Ord. 2691 § 1 (Art. 8 § 8.11), 1991)

13-08-470 Rates.

A. A minimum charge of fifteen cents ($0.15) per month shall be applied to all users. This minimum charge consists of fifteen cents ($0.15) for fixed 0, M & R costs, zero dollar ($0.00) for debt service costs and zero dollar ($0.00) for capital improvement costs.

B. Usage will be charged at a rate of sixteen cents ($0.16) per one hundred (100) cubic feet metered water used, in addition to the minimum charge stated above. (Ord. 2706 § 1 (part), 1991)

13-08-480 Metered services.

At the time of adoption of the ordinance codified in this chapter, all water services in the city are metered, and all new water services are required to be metered. (Ord. 2691 § 1 (Art. 8 § 8.13), 1991)

13-08-490 Surcharge rates.

The rates of surcharge for the BOD and SS shall be as follows:

per lb. of BOD:	None
per lb. of SS:	None

(Ord. 2691 § 1 (Art. 8 § 8.14), 1991)

13-08-500 Computation of wastewater service charge.

The wastewater service charge shall be computed by the following formula:

Cw = Cc + Cd + Cm + (Vu - X) *Cu + Cs

Where:	Cw	=	Amount of wastewater service charge ($) per billing period)
	Cc	=	Capital Improvement Charge
	Cd	=	Debt Service Charge
	Cm	=	Minimum Charge for Operation, Maintenance and Replacement
	Vu	=	Wastewater Volume for the billing period
	X	=	Allowable consumption in gallons for the minimum charge
	Cu	=	Basic User Charge for Operation, Maintenance and Replacement
	Cs	=	Surcharges, if applicable

(Ord. 2691 § 1 (Art. 8 § 8.15), 1991)

Article VIII. Billings and Accounting

13-08-510 Bills.

A. Said rates or charges for service shall be payable quarterly. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises, and the service is furnished to the premises by the city only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the city.

B. Bills for sewer service shall be sent out by the city on the fifteenth day of the quarter succeeding the period for which the service is billed.

C. All sewer bills are due and payable ten days after being sent out. A penalty of ten percent shall be added to all bills not paid by the tenth day after they have been rendered. The city council shall have the authority to reduce and/or waive wastewater service charges and/or penalties for what it may determine to be sufficient and justifiable reasons for any late payment or nonpayment. (Ord. 2691 § 1 (Art. 9 § 9.1), 1991)

13-08-520 Delinquent bills.

If the charges for such services are not paid within twenty (20) days or twenty (20) days herein above mentioned after the rendition of the bill for such services, such services shall be discontinued without further notice and shall not be reinstated until all claims are settled. (Ord. 2691 § 1 (Art. 9 § 9.2), 1991)

13-08-530 Lien—Notice of delinquency.

A. Whenever a bill for sewer service remains unpaid for sixty (60) days for quarterly service after it has been rendered, the city may file with the county recorder of deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.

B. If the user whose bill is unpaid is not the owner of the premises and the city has notice of this, notice shall be mailed to the owner of the premises if his address be known to the city, whenever such bill remains unpaid for the period of twenty (20) days for a quarterly bill after it has been rendered.

C. The failure of the city to record such lien or to make such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section. (Ord. 2691 § 1 (Art. 9 § 9.3), 1991)

13-08-540 Foreclosure of lien.

Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the city. The city attorney is 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 bill has remained unpaid sixty (60) days in the case of a quarterly bill after it has been rendered. (Ord. 2691 § 1 (Art. 9 § 9.4), 1991)

13-08-550 Revenues.

A. All revenues and monies derived from the operation of the sewerage system shall be deposited in the sewerage account of the sewerage fund. All such revenues and monies shall be held by the city, separate and apart from private funds and separate and apart from all other funds of the city and all of said sum, without any deductions whatever, shall be delivered to the city not more than ten days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the city’s mayor and city council.

B. The city shall receive all such revenues from the wastewater collection system and all other funds and monies incidental to the operation of such system as the same may be delivered to it and deposit the same in the account of the fund designated as the “Sewerage Fund of the City.” Such fund shall be administered in every respect in the manner provided by statute of the “Revised Cities and Citys Act,” effective January, 1942. (Ord. 2691 § 1 (Art. 9 § 9.5), 1991)

13-08-560 Accounts.

A. The city shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the wastewater collection system.

B. In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater collection system, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system do in fact meet these regulations. In this regard, the financial information to be shown in the audit report shall also include the following:

1. Flow data showing total estimated number of gallons discharged into the city’s sewage collection system for the current fiscal year;

2. Billing data to show total number of gallons billed;

3. Debt service for the next succeeding fiscal year,

4. Number of users connected to the system;

5. Number of nonmetered users;

6. A list of users discharging nondomestic and industrial wastes and volume of such waste discharged. (Ord. 2691 § 1 (Art. 9 § 9.6), 1991)

13-08-570 Penalty for violation.

Any person, firm or corporation violating any provisions of this article shall be fined not less than thirty dollars ($30.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 2691 § 1 (Art. 9 § 9.7), 1991)

13-08-580 Access to records.

The Illinois Environmental Protection Agency or authorized representative(s) shall have access to any books, documents, papers and records of the city which are applicable to the city’s system of user 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 any state grant. (Ord. 2691 § 1 (Art. 9 § 9.8), 1991)

13-08-590 Effective dates of rates.

The rates and service charges established for user charges in Article 7 shall be effective beginning with bills for such services rendered on or after the first day of the month following passage of the ordinance codified in this chapter. (Ord. 2691 § 1 (Art. 10), 1991)

Article IX. Appeals

13-08-600 Appeals.

The method of computation of rates and service charges established for user charges in Article 7 shall be made available to a user within seven days of receipt of a written request for such. Any disagreement over the method used or in the computations thereof shall be remedied by the city council within thirty (30) days after notification of a formal appeal outlining the discrepancies. Any persons wishing to appeal to the city council may do so by filing a written request with the city clerk. (Ord. 2691 § 1 (Art. 12), 1991)

Article X. Violations—Penalties

13-08-610 Violations—Penalties.

Any person found to be violating any provision of this chapter except Section 13-08-350 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The city may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter. (Ord. 2691 § 1 (Art. 7 § 7.1), 1991)

13-08-620 Continued violation deemed misdemeanor.

Any person who shall continue any violation beyond the time limit provided for in Section 13-08610, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not less than thirty dollars ($30.00) or more than five hundred dollars ($500.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 2691 § 1 (Art. 7 § 7.2), 1991)

13-08-630 Violator liable to city.

Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation. (Ord. 2691 § 1 (Art. 7 § 7.3, 1991)

Editor’s note—Ordinance 3473 adds the provisions of this section as Section 13-08-240. The section has been editorially renumbered to prevent duplication of numbering.