Village of Williamsville, IL Article IV Wastewater Service Charges and Industrial Waste Cost Recovery

§ 235-13 Wastewater service charges.

A. 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:

(1) 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.

(2) Basic user charge.

(a) 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:

[1] A five-day, 20° C. biochemical oxygen demand (BOD) of 250 mg/l.

[2] A suspended solids (SS) content of 250 mg/l.

(b) It shall consist of operation and maintenance costs plus replacement and shall be computed as follows:

[1] Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund for the year, for all works categories.

[2] Proportion the estimated costs to wastewater facility categories by volume, suspended solids and BOD, if possible.

[3] Estimate wastewater volume, pounds of SS and pounds of BOD to be treated.

[4] Proportion the estimated costs to nonindustrial and industrial users by volume, suspended solids and BOD.

[5] Compute costs per 1,000 gallons for normal sewage strength.

[6] Compute surcharge costs per 1,000 gallons per mg/l in excess of normal sewage strength for BOD and SS.

(3) 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.

(4) 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.

B. 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).

(1) 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.

(2) 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.

(3) 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.

C. 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]

(1) A minimum monthly charge shall be applied to all users whose water consumption does not exceed 1,000 gallons monthly.

(2) A basic debt service rate shall be applied to all users whose water consumption exceeds 1,000 gallons monthly.

(3) 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. 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]

(1) A minimum monthly charge shall be applied to all users whose water consumption does not exceed 1,000 gallons monthly.

(2) A basic user rate shall be applied to all users whose water consumption exceeds 1,000 gallons monthly.

(3) 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.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Surcharge rate. The rates of surcharges for BOD₅ and SS shall be as set forth in Chapter 155, Fees.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. 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.

G. Computation of wastewater service charge. The wastewater service charge shall be computed by the following formula:

	CW	=	CD + CU + CS
	Where:
	CW	=	Total amount of monthly wastewater service charge in dollars (§ 235-13A)
	CD	=	Amount of monthly debt service charge in dollars (§ 235-13C)
	CU	=	Amount of monthly basic user service charge in dollars (§ 235-13D)
	CS	=	Amount of monthly surcharge in dollars (§ 235-13E and F)

§ 235-14 Extension of mains.

A. 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.

B. Requirements if extension is installed by someone other than the Village:

(1) The Village must approve all plans and specifications for any extensions.

(2) Before any extensions are installed, the plans and specifications must be reviewed and approved by the State of Illinois, Environmental Protection Agency.

(3) 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.

(4) 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.

§ 235-15 General provisions.

A. Bills.

(1) 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.

(2) 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.

(3) 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Change in occupancy:

(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.

(2) 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.

(3) Charges for change. There shall be no charge for transferring the sewer service to the subsequent user.

C. 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]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Lien notice of delinquency:

(1) 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.

(2) 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.

(3) 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.

E. 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.

F. 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.

G. Accounts:

(1) 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.

(2) 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:

(a) Flow data showing total gallons received at the wastewater plant for the current fiscal year.

(b) Billing data to show total number of gallons billed.

(c) Debt service for the next succeeding fiscal year.

(d) Number of users connected to the system.

(e) Number of nonmetered users.

(f) A list of users discharging nondomestic wastes (industrial users) and volume of waste discharged.

H. 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.

I. 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]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

J. 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.

§ 235-16 Effective date of rates. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).