Basis for wastewater service charges. The wastewater
service charge for the use of and for service supplied by the wastewater
facilities of the Village shall consist of a basic user charge for
operation and maintenance plus replacement, a debt service charge
and a surcharge, if applicable:
The debt service charge shall be computed by dividing
the annual debt service of all outstanding Bonds by the number of
users. Through further divisions, the monthly and quarterly debt service
charges can be computed.
The basic user charge shall be based on water
usage as recorded by water meters and/or sewage meters for wastes
having the following normal concentrations:
Estimate the projected annual revenue required
to operate and maintain the wastewater facilities, including a replacement
fund for the year, for all works categories.
A surcharge will be levied to all users whose waters
exceed the normal concentrations for BOD (250 mg/l) and SS (250 mg/l).
The surcharge will be based on water usage as recorded by water meters
and/or sewage meters for all wastes which exceed the 250 mg/l and
250 mg/l concentration for BOD and SS respectively. Subsection F of
this § 235-13 specifies the procedure to compute a surcharge.
The adequacy of the wastewater service charge shall
be reviewed annually by certified public accountants for the Village
in their annual audit report. The wastewater service charge shall
be revised periodically to reflect a change in debt service or a change
in operation and maintenance costs including replacement costs.
Measurement of flow. The volume of flow used for computing
basic user charges and surcharges shall be the metered water consumption
read to the lowest even increments of 100 gallons divided by (Y).
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
the public sewers, the person shall install and maintain, at his expense,
water meters of a type approved by the Director of Public Works for
the purpose of determining the volume of water obtained from these
other sources.
Devices for measuring the volume of waste discharged
may be required by the Director of Public Works if these volumes cannot
otherwise be determined from the metered water consumption records.
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 cancelled, without the consent of the Director of Public
Works.
Debt service charge. There shall and there is hereby
established a minimum charge and a basic debt service rate for the
use of the wastewater and sewer facilities of the Village as set forth
in Chapter 155, Fees.[1]
All nonmetered residential users of the Village's
facilities shall pay a flat rate charge, adequate to cover proportionate
costs for debt service, based on a usage of 4,600 gallons monthly.
In the event use of the wastewater facilities is determined by the
Village to be in excess of 4,600 gallons monthly, the Director of
Public Works may require such flat rate user to install metering devices
on the water supply or sewer main to measure the amount of service
supplied.
Basic user rate. There shall be and there is hereby
established a minimum charge and a basic user rate for the use of
and for service supplied by the wastewater and sewer facilities of
the Village as set forth in Chapter 155, Fees.[2]
All nonmetered residential users of the wastewater
facilities shall pay a flat rate charge, adequate to cover proportionate
costs for operation and maintenance plus replacement, based on a usage
of 4,600 gallons monthly. In the event use of the wastewater facilities
is determined by the Village to be in excess of 4,600 gallons monthly,
the Director of Public Works may require such flat rate user to install
metering devices on the water supply or sewer main to measure the
amount of service supplied.
Computation of surcharge. The concentration of wastes
used for computing surcharges shall be established by waste sampling.
Waste sampling shall be performed as often as may be deemed necessary
by the Director of Public Works and shall be binding as a basis for
surcharges. Surcharges shall only apply to wastes having concentrations
in excess of 250 mg/l of BOD and/or in excess of 250 mg/l of SS.
Determination of who pays expense of extension. The
Board of Trustees shall first determine if an extension of a sewer
main is economically feasible based on the estimated cost of the extension
and the number of existing potential users that will be served by
the extension. If the extension is economically feasible then the
Village may install and pay the cost of the extension at the discretion
of the Board of Trustees. If the Village elects not to pay the cost
of extending the sewer main then the person or persons desiring sewer
service shall install the extension at their own personal expense
upon written consent by the Board of Trustees. The Village shall not
pay for any extensions to an undeveloped area such as a subdivision
being developed unless there are sufficient existing residents or
businesses to make the extension economically feasible.
Before any extensions are installed, the plans and
specifications must be reviewed and approved by the State of Illinois,
Environmental Protection Agency.
Ownership, rights-of-way, and title must be conveyed
to the Village for all extensions installed by anyone other than the
Village. The Village will maintain the mains thereafter.
No extension will be permitted if, in the opinion
of the Board of Trustees, the system does not have the necessary capacity
to serve the proposed extension.
Said rates or charges for service shall be payable
monthly or quarterly depending on the classification of service for
which bills are rendered. 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 Village only upon the condition that
the owner of the premises, occupant and user of the services are jointly
and severally liable therefor to the Village.
Bills for sewer service shall be sent out by the Village
Treasurer on the first day of the month or quarter succeeding the
period for which the service is billed.
All sewer bills are due and payable 10 days after
being sent out. A penalty of 10% shall be added to all bills not paid
by the 15th day after they have been rendered.[1]
Notice to Village. Any user requesting a termination
of service shall give written notice to the Village 10 days prior
to the time such termination of service is desired.
Responsibility for payment of services already consumed.
Responsibility for payment for sewer service prior to the date of
termination shall be with the property owners as well as the user.
Delinquent bills. If the charges for such services
are not paid within 10 days after the rendition of the bill for such
services, such services may be discontinued without further notice
and shall not be reinstated until all claims are settled.[2]
Whenever a bill for sewer service remains unpaid for
10 days for monthly service after it has been rendered, the Village
Treasurer shall 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 Village claims a lien for this amount as well as for all
charges subsequent to the period covered by the bill.
If the user whose bill is unpaid is not the owner
of the premises and the Village Treasurer has notice of this, notice
shall be mailed to the owner of the premises, if his address be known
to the Treasurer, whenever such bill remains unpaid for the period
of 45 days for a monthly bill or 105 days for a quarterly bill after
it has been rendered.
The failure of the Village Treasurer to record such
lien or to mail such notice or the failure of the owner to receive
such notice shall not affect the right to foreclose the lien for unpaid
bills as mentioned in the foregoing section.
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 Village. The Village
Attorney is hereby authorized and directed to institute such proceedings
in the name of the Village in any court having jurisdiction over such
matters against any property for which the bill has remained unpaid
45 days in the case of a monthly bill or 105 days in the case of a
quarterly bill after it has been rendered.
Revenues. All revenues and monies derived from the
operations 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 Village Treasurer separate and apart from his private
funds and separate and apart from all other funds of the Village and
all of said sum, without any deductions whatever, shall be delivered
to the Village 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 President and Board of Trustees. The Village Treasurer
shall receive all such revenues from the sewerage system and all other
funds and monies 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 Village of Williamsville,
Illinois." Said Treasurer shall administer such fund in every respect
in the manner provided by the Illinois Municipal Code of 1961.
The Village 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 and capital amounts required to be recovered under the industrial
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:
Notice of rates. A copy of this Part 2, properly certified
by the Village Clerk, shall be filed in the office of the Recorder
of Deeds of Sangamon County and shall be deemed notice to all owners
of real estate of the charges of the sewerage system of said Village
on their properties.
Violations and penalties. Any persons, firm or corporation
violating any provisions of this Part 2 shall be fined not less than
$100 nor more than $750 for each offense.[3]
Access to records. The Illinois Environmental Protection
Agency or its authorized representative shall have access to any books,
documents, papers and records of the Village which are applicable
to the Village system of user charges or industrial cost recovery
for the purpose of making audit, examination, excerpts and transcriptions
thereof to ensure compliance with the terms of the special and general
conditions to any state grant.
The rates and service charges established for
user charges in § 235-13C through G and for industrial cost
recovery shall be effective as of the next fiscal year beginning May
1 and on bills to be rendered for the next succeeding month.