[HISTORY: Adopted by the City Council of
the City of Lexington 8-31-2009 by Ord. No. 2009-5 (Ch. 19 of the 1998
Code). Amendments noted where applicable.]
Unless the use or context indicates that a different meaning
is intended, the following terms shall have the indicated meanings:
The Administrator of the U.S. Environmental Protection Agency.
The basic assessment levied on all users of the City’s
wastewater facilities to recover operation, maintenance and replacement
costs (O,M&R).
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
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.
The extension from the building drain to the public sanitary
sewer or other place of disposal.
The City of Lexington.
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 representative to sample and/or measure discharges.
The amount to be paid each billing period for payment of
interest, principal and coverage of outstanding indebtedness used
to finance construction of or improvements to the wastewater facilities.
The Director of the Illinois Environmental Protection Agency.
An acquired legal right for the specific use of land owned
by others.
Defined in any applicable NPDES permit.
The Federal Clean Water Act (33 U.S.C. 466 et seq), as amended
(Pub. L. 95-217).
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and
sale of food.
Shall include establishments engaged in manufacturing activities
involving the mechanical or chemical transformation of materials of
substance into products.
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.
A unit of the concentration of water or wastewater constituent.
It is 0.001 gram of the constituent in 1,000 milliliters of water.
It has replaced the unit formerly used commonly, parts per million,
to which it is approximately equivalent, in reporting the results
of water and wastewater analysis.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
Any permit or equivalent document or requirements issued
by the Administrator or, where appropriate, 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.
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.
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.
The treatment of wastewaters from sources before introduction
into the wastewater treatment works.
A sanitary sewer provided by or subject to the jurisdiction
of the City. It shall also include sanitary sewers within or outside
the boundaries City that serve one or more persons and ultimately
discharge into the City sanitary sewers even though those sanitary
sewers may not have been constructed with City funds.
Expenditures for obtaining and installing 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. The term "operation and
maintenance" includes replacement.
All dwelling units such as houses, mobile homes, apartments,
and permanent multifamily dwellings.
A sewer that conveys sewage or industrial wastes or a combination
of both, and into which stormwater, surface water, and groundwaters
or polluted industrial wastes are not intentionally admitted.
Used interchangeably with "wastewater."
A pipe or conduit for conveying sewage or any other waste
liquids, including stormwater, surface water and groundwater drainage.
The system of sewers and appurtenances for the collection,
transportation and pumping of sewage.
The principal accounting designation for all revenues received
in the operation of the sewerage system.
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 15 minutes more than
five times the average twenty-four-hour concentration of flows during
normal operation.
A sewer that carries stormwater, surface water and groundwater
drainage but excludes sewage and industrial wastes other than unpolluted
cooling water.
The Superintendent of the Wastewater Department of the City
of Lexington appointed by the Mayor and confirmed by the City Council
as provided in this chapter.
The 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 the concentration values established in § 159-6 of this chapter.
Solids that either float on the surface of or are in suspension
in water, sewage, or industrial waste, and which are removable by
a laboratory filtration device. Quantitative determination of suspended
solids shall be made in accordance with procedures set forth in the
IEPA Division of Laboratories Manual of Laboratory Methods.
The estimated period during which the collection system and/or
treatment works will be operated.
A charge levied on users of treatment works for the cost
of operation, maintenance and replacement.
The type of user: "residential, institutional/governmental,
commercial," or "industrial" as defined herein.
The spent water of a community. From this standpoint, it
may be a combination of the liquid and water-carried wastes from residences,
commercial buildings, industrial plants, and institutions, together
with any groundwater, surface water, and stormwater that may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and transport
effluent to a watercourse.
The charge levied on all users of the wastewater facilities.
The service charge shall be computed as outlined in this chapter and
shall consist of the total or the basic user charge, the debt service
charge and a surcharge, if applicable.
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."
A channel in which a flow of water occurs, either continuously
or intermittently.
Defined in the Water Pollution Regulations of Illinois.
There is hereby established an executive department of the City
to be known as the "Wastewater Department of the City of Lexington."
The Mayor is authorized to appoint, subject to the advice and consent
of the City Council, a Superintendent of the Wastewater Department
and all other necessary employees of said Department. The Superintendent
shall have the general management and control of the wastewater facilities
of the City.
A.
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 within any area under the jurisdiction of the City any human
or animal excrement, garbage or other objectionable waste.
B.
It shall
be unlawful to discharge to any natural outlet within the City or
within any area under the jurisdiction of the 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 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.
D.
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 sanitary
sewer of the City is hereby required at his expense to install suitable
toilet facilities therein, and to connect such facilities directly
with the proper public sanitary sewer in accordance with the provisions
of this chapter, within 180 days after date of official notice to
do so, provided that said public sewer is within 200 feet (61 meters)
of the property line.
A.
Where a public sanitary sewer is not available under the provisions of § 159-3, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B.
Before
commencement of construction of a private sewage disposal system,
the owner shall first obtain a written permit signed by the McLean
County Health Department. The application for such a permit shall
be made on a form furnished by the county, which the applicant shall
supplement by any plans, specifications and other information deemed
necessary by the McLean County Health Department. A permit and inspection
fee shall be paid to the County at the time the application is filed.
C.
A permit
for a private sewage disposal system shall not become effective until
the installation is completed to the satisfaction of the McLean County
Health Department. Representatives of the McLean County Health Department
shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the McLean
County Health Department when the work is ready for final inspection,
and before any underground portions are covered.
D.
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[1] 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 2,500 square feet (232 square meters).
No septic tank or cesspool shall be permitted to discharge to any
natural outlet.
[1]
Editor's Note: See 225 ILCS 225/1 et seq.
E.
At such
time as a public sanitary sewer becomes available to a property served
by a private sewage disposal system, a direct connection shall be
made from the buildings on the property to the public sanitary sewer
in compliance with this chapter within 180 days after the public sanitary
sewer becomes available, and any septic tanks, cesspools, and similar
private sewage disposal facilities shall be abandoned and filled with
suitable material. The private sewage disposal system shall be cleaned
of sludge, inspected and filled in accordance with the rules and regulations
of the McLean County Health Department.
F.
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.
G.
Nothing
in this section shall be construed to contravene any additional requirements
that may be imposed by the McLean County Health Department with respect
to private sewage disposal systems.
A.
No unauthorized
person shall uncover, make any connections with, or opening into,
use, alter, or disturb any public sanitary sewer or appurtenance thereof
without first obtaining a written permit from the City.
B.
All disposals
by any person into the wastewater facilities are unlawful except those
discharges in compliance with federal standards promulgated pursuant
to the Federal Act or any more stringent state and local standards.
C.
There shall
be two classes of building sewer permits: for residential wastewater
service; and for commercial, institutional/governmental or industrial
wastewater service. In either case, the owner or his agent shall make
application on a form furnished by the City. The permit application
shall be supplemented by any plans, specifications, or other information
considered pertinent by the City.
D.
A permit and inspection fee for a residential or commercial building sewer permit shall be paid to the City at the time the application is filed as set forth in Chapter 63, Fees, for each connection to the public sanitary sewer. As a condition of permit authorization, an industrial user must provide information describing its wastewater constituents, characteristics, and type of activity.[1]
E.
A permit
for a building sewer will only be issued and a connection to a public
sanitary sewer shall only be allowed if it can be demonstrated that
the wastewater facilities, including sewers, pump stations and wastewater
treatment facilities, have sufficient reserve capacity to adequately
and efficiently handle the additional anticipated waste load.
F.
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 loss or damage that may directly or indirectly be occasioned
by the installation of the building sewer.
G.
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.
H.
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.
I.
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 absence of code provisions or in amplification thereof,
the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials (ASTM), Water Pollution
Control Federation Manual of Practice No. 9, and Standard Specifications
for Water and Sewer Main Construction in Illinois shall apply.
J.
All services
shall terminate at a depth of no less than four feet or more than
six feet below the adjacent top of curb unless otherwise approved
by City. The lowest floor elevation served by gravity must be above
the ground surface over the City sewer at the point of connection.
In areas where the ground line over the City sewer is to be altered,
the proposed final ground elevation shall be used. The maximum depth
to the top of the building service shall be three feet below finished
grade at the point where it enters the building. In all buildings
in which the building drain is too low to provide gravity flow to
the Village sewer, all sewage carried by such drain shall be lifted
by approved mechanical means and discharged into the building sewer.
No water-operated sewage ejector shall be used.
K.
No person(s)
shall make connection of roof downspouts, exterior foundation drains,
areaway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain, which in turn is connected
directly or indirectly to a public sanitary sewer.
L.
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 for Testing and 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.
M.
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 or
its representative within 48 hours of receipt of written notice by
the applicant.
N.
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.
A.
No person
shall discharge, or cause to be discharged, any stormwater, surface
water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water, or unpolluted industrial process waters to any sanitary
sewer.
B.
Stormwater
and all other unpolluted drainage shall be discharged to a storm sewer
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 or natural outlet.
C.
No person
shall discharge or cause to be discharged any of the following described
waters or wastes to any public sewers:
(1)
Any
gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas.
(2)
Any
water 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.
(3)
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.
(4)
Solid
or viscous substances in quantities or of such size as to be capable
of causing obstruction to the flow in sewers or other interference
with 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 fleshing, entrails and paper dishes, cups, milk containers,
etc., either whole or ground by garbage grinders.
D.
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 its opinion as to the acceptability
of these wastes, the City 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:
(1)
Any
liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2)
Any
waters or wastes containing toxic or poisonous materials, or oils,
whether emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at temperatures between 32° F.
and 150° F. (65° C.).
(3)
Any
garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor of greater
than 3/4 horsepower (0.76 hp metric) shall be subject to the review
and approval of the City.
(4)
Any
waters or wastes containing strong acid, iron pickling wastes, or
concentrated plating solution, whether neutralized or not.
(5)
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.
(6)
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.
(7)
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.
(8)
Any
wastes or waters having a pH in excess of 9.5.
(9)
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.
(10)
Any
cyanide in excess of 1.20 mg/l at any time except as permitted by
the City in compliance with applicable state and federal regulations.
(11)
Any
materials which exert or cause:
(a)
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).
(b)
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
(c)
Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage
treatment works.
(d)
Unusual volume of flow or concentrations of water constituting "slugs"
as defined herein.
(12)
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.
E.
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 Subsection D of this section, 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 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 this chapter. If the City permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the City, and subject
to the requirements of all applicable codes, ordinances and laws.
F.
Grease,
oil and sand interceptors shall be provided when, in the opinion of
the City, 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 shall be located so as to be readily and easily accessible for
cleaning and inspection.
G.
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.
H.
Each industry
shall be required to install a control manhole and, when required
by the City, the owner of any property serviced by a building sewer
carrying industrial wastes shall install a suitable control manhole
together with such necessary meters and other appurtenances in the
building sewer to facilitate observation, sampling, and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located, and shall be constructed in accordance with plans
approved by the 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.
I.
The owner
of any property serviced by a building sewer carrying industrial wastes
shall provide laboratory measurements, tests, and analyses of water
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. The number, type, and frequency
of laboratory analyses to be performed by the owner shall be as stipulated
by the City, but no less than once per year the industry must supply
a complete analysis of the constituents of the wastewater discharge
to assure that compliance with the federal, state, and local standards
are being met. The owner shall report the results of measurements
and laboratory analyses to the City at such times and in such 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 analyses by an outside laboratory service.
J.
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 IEPA Division of Laboratories Manual of
Laboratory Methods, and shall be determined at the control manhole
provided or upon suitable samples taken at said control manhole. In
the event that no special manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the public
sewer to the point at which the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to 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-hour composite of all
outfalls of a premises 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-hour composites of all
outfalls, whereas pHs are determined from periodic grab samples.
K.
No limitation
contained in this chapter 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 this chapter, by the industrial concern, provided
such payments are in accordance with federal and state guidelines
for user charge system.
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.
A.
Duly authorized
employees of the City, the Illinois Environmental Protection Agency,
and the U.S. Environmental Protection Agency, bearing proper credentials
and identification, shall be permitted to enter all properties for
purposes of inspection, observation, measurement, sampling, and testing
in accordance with the provisions of this chapter. Such representatives
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil refining, ceramic, paper, or other industries beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterway or facilities for waste treatment.
B.
While performing
the necessary work on private properties, 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.
C.
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.
(Reserved)
A.
Rules
for collection of wastewater service charges.
(1)
All
accounts shall be paid at the office of the City Collector.
(2)
Bills for wastewater service charges will be mailed or delivered
to the customer's last address as shown by the records of the
City, but failure to receive any such bill does not relieve the customer
from the obligation to pay the bill. All bills for wastewater service
charges shall be mailed or delivered on a monthly basis and shall
be due and payable when so mailed or delivered. Any wastewater service
charge bill due and payable during any month after the effective date
of this chapter shall become delinquent if not paid by the 25th day
of any such month. A penalty of 10% of the amount of any such delinquent
wastewater service charge shall be added to all such delinquent bills,
and the entire sum shall be due and payable with the next monthly
water bill.
[Amended 11-23-2015 by Ord. No. 2015-11]
(3)
When
the last day for payment of the net bill falls on a Sunday or a legal
holiday, the time for payment of the net bill will be automatically
extended to include the first full business day following.
(4)
In
case a customer shall file written objections to any bill within 10
days of the date of same, the City of Lexington will accept payment
of the net bill within 15 days after the customer has been notified
of the results of the necessary investigation.
(5)
Bills
for metered service shall be rendered at least once each month and
shall show the readings of the meter at the beginning and end of the
period for which the bill is rendered. Bills will be issued monthly.
(6)
The
basis for computing bills for metered service shall be the same as
indicated by the meter dials.
(7)
In
cases where the meter cannot for any reason be read, the City will
require a payment on account equal to the usual bill for such premises.
(8)
In
cases where, for any cause, the meter cannot be read for a period
exceeding three months, the City will turn off the water upon due
notice of its intentions so to do, unless the consumer or customer
makes access to the meter possible.
(9)
Except
where the customer discharges wastewater in the wastewater facilities
from some source other than the City’s water system, the quantity
recorded by the water meter shall be taken to be the amount of water
passing into the wastewater facilities, which amount shall be conclusive
to both the customer and the City, except when the meter has been
found to be registering inaccurately, or has ceased to register. In
such cases, the quantity may be determined by the average registration
of the meter in a corresponding past period when in order, or by the
average registration of the new meter, whichever method is representative,
in the City’s opinion, of the conditions existing during the
period in question.
(10)
The City may impose additional charges for use of water from wells,
cisterns, etc.
(11)
In the event the charges for services are not paid within 45 days
after rendition of the bill for such service, such charges shall be
deemed and are hereby declared to be delinquent, and thereafter such
delinquencies shall constitute liens upon the real estate for which
such service is supplied, and the City Clerk is hereby authorized
and directed to file sworn detailed statements showing such delinquencies
in the office of the Recorder of Deeds of McLean County, Illinois,
and the filing of such statements shall be deemed notice of the lien
for payment of the service rendered.
(12)
In the event the charges for such services become delinquent as hereinabove
provided, the City Clerk is hereby authorized and directed to cause
notification to be given in writing to the owner of the premises,
the occupant thereof, and the user of the service that such delinquency
exists and that services shall be discontinued without further notice.
It shall be the duty of the Superintendent of the Wastewater Department
of the City of Lexington to secure copies of the notices of all delinquencies
from the City Clerk of said City on the 16th day of each month and
to shut off services to said delinquent user at the end of the heretofore
mentioned forty-five-day period.
B.
All revenues
and moneys derived from the operation of the sewerage system shall
be deposited in the sewerage account of the sewerage fund. All such
revenues and moneys shall be held by the City Treasurer separate and
apart from his private funds and separate and apart from all other
funds of the City, and all of said sum, without any deductions whatever,
shall be delivered to the City Treasurer not more than 10 days after
receipt of the same, or at such more frequent intervals as may from
time to time be directed by the City Council. The City Treasurer shall
receive all such revenues from the sewerage system and all other funds
and moneys incident to the operation of such system as the same may
be delivered to him and deposit the same in the account of the fund
designated as the "Sewerage Fund of the City of Lexington." Said Treasurer
shall administer such fund in every respect in the manner provided
by applicable statute or regulations.
C.
The City
Treasurer shall establish a proper system of accounts and shall keep
proper books, records, and accounts in which complete and correct
entries shall be made of all transactions relative to the sewerage
system, and at regular annual intervals he shall cause to be made
an audit by an independent auditing concern of the books to show the
receipts and disbursements of the sewerage system. In addition to
the customary operating statements, the annual audit report shall
also reflect the revenues and operating expenses of the wastewater
facilities, including a replacement cost, to indicate that sewer service
charges under the waste cost recovery system do in fact meet these
regulations. In this regard, the financial information to be shown
in the audit report shall include the following:
(1)
Flow
data showing total gallons received at the wastewater plant for the
current fiscal year.
(2)
Billing
data to show the total number of gallons billed per fiscal year.
(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 waste discharged.
D.
The IEPA
or its authorized representative shall have access to any books, documents,
papers and records of City which are applicable to the City system
of user charges for the purpose of making audit, examination, excerpts
and transcriptions hereof to ensure compliance with the terms of any
loan agreement and rules applicable to any state loan.
A.
Any person
who violates, neglects or refuses to comply with, or who resists or
opposes the enforcement of, any provision of this chapter shall, upon
conviction thereof, be fined not less than $50 nor more than $750;
and such person shall be deemed guilty of a separate offense for each
and every day during which said violation, neglect or refusal to comply
with the provisions of this chapter shall continue.
B.
The penalties
provided elsewhere in this chapter shall not be construed as precluding
a separate civil action seeking enforcement of the provisions of this
chapter.
