[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as Ch. 17 of the 2015 Code. Amendments noted where applicable.]
No person shall take any gas from any main, pipe or other part
of the Village's natural gas transmission line and distribution system,
except upon application to the Village and issuance by the Village
of a permit in accordance with the provisions of this chapter, and
no permit shall be issued for any gas supply or service unless the
same is measured through a meter in accordance with the provisions
of this chapter.
A.
Filing. Each applicant for gas supply or service shall file with
the Village an application in writing, setting forth the name of the
applicant, the location of the premises for which the supply or service
is sought, the name of the owner of the premises, the nature and size
of the proposed service and the proposed use thereof.
B.
Issuance. Upon receipt of an application as provided in this section,
a permit may be issued by the Village for the installation of gas
service and for the supplying of gas in accordance with the provisions
of this chapter, but no permit shall be issued to any applicant while
he is in default in the payment of any past-due account owing to the
Village for a gas supply or service or installation theretofore rendered
or made.
C.
Fee. Upon approval of an application for natural gas service, a fee
for connecting into the Village's gas main shall become due and payable
to the Village Comptroller. The fee shall be equal to the Village's
actual cost, as determined by the Village, of installing a connection
from the main to the applicant's meter.
D.
Any gas account that is past due for 45 days is subject to disconnection.
A.
A deposit is required to be paid as a condition for the installation
of gas meters. The amount of deposit shall be set from time to time
by the Board of Trustees by resolution.
[Amended 8-21-2019 by Ord. No. 19-1479]
B.
This meter deposit charge shall be deposited in the Natural Gas Meter
Deposit Fund; and in the event any customer discontinues service and
has paid in full all amounts due for gas or service charges, then
the full amount of the deposit shall be refunded. However, in the
event that any amounts are due from said customer, either for gas
or service charges, then such amounts shall be deducted and paid into
the proper fund and the balance shall be refunded.
C.
Any residential customer who is a renter, and who has paid all amounts
due within 30 days of the due date of each monthly utility bill for
a period of five years, shall have the deposit applied as a credit
on the account.
[Amended 10-18-2023 by Ord. No. 23-1517]
A.
The Village reserves the right, at any time, to refuse any gas tap
or service connection with the natural gas system of the Village whenever
the Village Board shall determine that the supply of natural gas to
the Village is insufficient. The Village may elect at any time it
deems proper that all future gas tap or service connection with the
natural gas system of the Village shall be on a limited or restricted
basis. The Village, in that event, may issue orders for gas tap or
service connection for space heating. Any person, firm or corporation
to whom a restricted order for gas tap or service connection has been
issued is thereby expressly prohibited from using such gas tap or
service connection for space heating.
B.
No customer of the natural gas system of the Village shall install
or connect any appliance or facility to their house piping system,
nor shall any customer of the Village make any change in their existing
appliances or facilities, without first securing a written permit
from the Village.
C.
The Village reserves the right to discontinue gas service to any
premises on account of nonpayment of charges or where the owner or
tenant of such premises has been found guilty of a violation of any
of the provisions of this chapter. The Village agrees to discontinue
gas service to any premises upon request of the property owner. The
Village, in discontinuing gas service, has the option to remove or
shut off the meter to such premises.
D.
A property owner seeking restoration of gas service shall contact
the Village as for a new service. Gas service shall not be restored
unless the Village has been paid:
(1)
All delinquent gas charges or otherwise provided for payment.
(2)
All monthly facility charges while the service was disconnected,
but not to exceed 12 months and a reconnection fee. The reconnection
fee if the meter has been removed and the reconnection fee if the
meter has been simply shut off shall be set from time to time by the
Board of Trustees by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any increase in the cost of gas charged to the Village by its
pipeline supplier may be passed on to all customer rates for cost
recovery. The purchased gas adjustment shall be determined by computing
cost of gas using new rates and historical gas sales in customers
to determine the purchased gas adjustment charge. Changes shall be
made immediately upon the pipeline change becoming effective. In the
event that 1) the rates of the pipeline supplier become effective
retroactively or 2) for any reason the Village has been unable to
recover charges in the cost of natural gas subsequent to the date
of this chapter, then the amount of any deficiency shall be applied
uniformly and directly to the next following 12 months of gas sales
or until such time as the deficiency has been recovered, whichever
occurs first.
The rates for gas services prescribed in this chapter may be
changed by the Village at any time and the Village shall not be deemed
to have contracted with any customer to maintain such rates for any
period of time whatever.
The Comptroller is directed to issue receipts for all money
received under this chapter and to keep a record of all monies obtained
from the regulation of this chapter in a separate fund and to deposit
the fund in the designated depository for the Village.
If, at any time, a meter fails to register the quantity of gas,
the quantity shall be estimated and then the charge to be made shall
be based on the average quantity registered during the period of time
prior to the date of failure which is reasonable and comparable to
the period in which such failure occurs.
B.
In regard to § 318-5H, the following shall be applicable, with the following addition thereto: Notwithstanding a decision of the hearing officer, service may not be terminated on any day when the official Weather Bureau forecast is for a temperature below 20° F. for the next 24 hours. Neither may the service be shut off the day before a holiday or weekend when the official forecast calls for a temperature below 20° F.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There shall be and there are hereby established monthly rates
and charges for the sale of natural gas and for the use and service
supplied by the natural gas distribution system of the Village, based
upon the amount of gas consumed as shown by the gas meters.
A.
Rates and charges. The gas rates and charges are as follows:
(1)
Gas rates shall be based on the actual per-therm cost charged to
the Village plus operating expenses and replacement cost, with a minimum
per month base rate of $5 for in-town and $7 for out-of-town customers.
[Amended 9-15-2021 by Ord. No. 21-1496]
(2)
The gas charge, operating expense adjustment, and taxes and implementation
of the temporary adjustment account, when applicable, are to be added
to or deducted from the above rates. Those items are identified as
follows:
(a)
Gas charge. The foregoing and any other rates shall be adjusted
on each billing based on the actual cost to the Village. The result
shall be known as the "gas charge."
(b)
Operating expense adjustment. Any changes in operating expenses
(in addition to changes in cost of gas and taxes) shall be passed
uniformly and directly to all bills rendered after such determination
has been made by audit or by the Board of Trustees. The determination
shall be made by using the latest fiscal audit report with the "base
operating expenses" being those operating expenses. Changes in operating
expenses shall be limited to the following:
[1]
Demonstrated changes identified in the fiscal reports of the
Village.
[2]
Changes in wages, salaries, payroll or payroll expenses applicable
after they have been put into effect.
[3]
Direct and permanently continuing costs over which the Board
of Trustees has no control.
[4]
A replacement cost factor based on projected upkeep, maintenance
and expansion.
Special rates for natural gas service may be made from time
to time by separate contract with special users upon such rates, terms
and conditions which to the Board of Trustees may be prudent, profitable
and in the best interest of the natural gas system of the Village.
[Added 12-8-2015 by Ord.
No. 15-1458]
A.
The Village will furnish all labor and materials necessary to construct
new gas services and the owner will be responsible for said installation
prices. The cost of said installation services will be established
from time to time by the Board of Trustees by resolution. Said prices
can be modified by the Board at any time with proper notice.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All gas tap and service connections made to the mains of the gas
system of the Village shall conform to the regulations of this chapter,
and state and federal law and regulations.
It shall be unlawful for any person to move, replace, tamper
with, or interfere in any manner with any gas main, pipe, meter or
other part of the Village's natural gas transmission line and distribution
system without a permit therefor as provided in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall, in any manner, obstruct or permit or cause
to be obstructed the free access of any officer or employee of the
Village to any valve meter, shut-off box, or connection with any gas
main or service pipe by means of any coal, lumber, brick, building
material, or by any other means or device whatever, or refuse or prevent
free access thereto by such officer or employee whenever such officer
or employee shall desire access thereto in the performance of his
duties. The officers of the Village and any and every person delegated
or authorized by the Village for such purpose shall have free access
to all and any part of any building, structure, or for examining the
taps, pipes, and fixtures therein. Any person in possession, charge,
or control of any such building, structure, or premises onto which
such officer or employee shall desire to make entry or to have access
for the purpose herein specified, who shall refuse to permit such
entry or access, or who shall do or cause to be done any act or thing
for the purpose of preventing such entry or access, shall be deemed
to be guilty of a violation of this chapter and shall be punished
as herein provided.
The Superintendent of the Gas System shall enforce the provisions
of this chapter and shall, in the name of the Village, receive applications
for gas supply or service and issue permits therefor as provided herein.
Taps and connections to mains or any part or portion of the Village's natural gas transmission line and distribution system shall be made only by the Village and shall be made in accordance with such reasonable rules and regulations as may be prescribed by the Village. The letting of gas to and the turning off of gas from all buildings, structures or premises and into and from all connections and service shall be under the exclusive control of the Village and no plumber or other person shall let gas to or from any service or connection for any purpose whatever without permission therefor. (See § 209-29.)
No person, firm or corporation shall connect any gas service
line or transmit gas supplied by the natural gas system of the Village
into more than one distinct building from one meter. A garage or similar
outbuilding shall be considered a distinct building. Apartment buildings
having separate dwelling units may be serviced from a single meter.
Duplex dwellings shall be served from individual meters. The Board
of Trustees shall have the right to establish special services or
service connections as may be necessary for large users.
All meters, pipes and other equipment which are installed by
the Village shall be and remain the property of the Village and consumers
using the same shall be responsible for the safekeeping thereof. If
any meter, pipe, or other equipment which is installed by the Village
shall be damaged or destroyed by any cause which could have been prevented
by the exercising of ordinary care and caution, the cost of repairing
or replacing the same shall be charged to and paid by the consumer
responsible therefor.
A.
If, at any time and for any reason, the volume of gas available for
delivery by the Village is not adequate to supply all the demands
on the Village, the Village shall have the right, upon such notice
as is reasonable under the circumstances, to reduce or discontinue
the delivery of gas; first, to its medium commercial users; next,
to its small commercial users; and finally, to its residential users.
Such reduction or discontinuance, as the case may be, shall continue
as long as such shortage of supply exists. Notice of reduction or
discontinuance of delivery shall be given to users on a reasonably
nondiscriminatory bases. Whenever notice is given by the Village to
any user to reduce or discontinue his use of gas, he, such consumer,
shall comply therewith until he, such consumer, is notified by the
Village that such shortage no longer exists. If any user fails to
reduce his use of gas in compliance with any notice to him to do so,
the Village may completely discontinue supplying gas to him while
such shortage continues.
B.
For the purpose of this section, but not as a limitation thereof,
the Village's supply of gas shall be deemed to be inadequate if and
to the extent that the total demands on it exceed the Village's contract
demand under its contract with its supplier.
A.
The Village shall have the right to shut off the supply of gas whenever
it is necessary to make repairs, improvements, enforce rules or for
any operating reason. In all cases where possible, a reasonable notice
of the circumstances will be given to the customer, but in an emergency
or discovery of an unsafe condition, the gas may be shut off without
notice. Such necessary repairs or work will be made by the Village
as rapidly as may be practical. The Village shall not be held responsible
or liable because of any shutoff or discontinuance of service for
any direct or resultant damages to any person, company or customer.
B.
In the event of such discontinuance of gas service, the Village will
make every attempt to safeguard the customer and service shall not
be renewed until the Village authorities have purged the lines and
put into service all automatic controls and pilots. The cost of purging
of lines, relighting pilots, and checking automatic controls will
be borne by the Village and the customer will not be liable for any
portion thereof. Where the nature of the customer's operations are
not such that an interruption of service might create a hazard or
large economic loss, such customer shall provide facilities for standby
service if desired.
C.
Whenever mains, pipes, service connections or other facilities of
the gas system are taken up, shut off or interfered with by reasons
of any Village street improvement, the Village will endeavor to maintain
service so far as is reasonably possible, but will not be directly
or indirectly liable for any interruption, poor pressure or damage
of any kind, either to the customer adjacent or to other customers
affected thereby. Direct damage to property due to such operations
shall be either repaired or replaced by the Village without cost to
the consumer.
D.
The Village expressly stipulates with all customers and other persons
who may be affected by the discontinuance of service that it will
neither insure nor be responsible or liable in any manner for any
loss or damages, direct or indirect, by reasons of any fire or any
other cause, and all gas service furnished shall also be conditional
upon acts of God, inevitable accidents, fire, strikes, riots, or any
other causes.
A.
No private connections shall be made with any private service or
customer-owned lines. Private service lines or customer-owned extensions
of service are prohibited.
B.
The Village shall have the right and option to demand change, removal,
or replacement of any pipe, fixtures, or apparatus which is considered
to be faulty, inadequate, or hazardous; provided, however, that this
provision shall not obligate the Village in any way or manner. The
cost of the above work shall be fully borne by the property owner.
C.
All persons are strictly forbidden to attach any electrical ground
wire to any fixture or piping which is or may be connected to any
gas service pipe, meter, or main belonging to the Village. The Village
will hold the owner of the premises responsible and liable for any
damage to its property or injury to the employees of the Village caused
by such ground wire. All persons shall remove any existing ground
wires immediately and if such ground wires are not removed after 24
hours' written notice, the Village, through its officials, may enter
the property and remove such ground wires and the customer shall pay
all costs. All questions and complaints shall be made in writing to
the Gas Department of the Village for proper investigation. The Department
shall make a report to the Village Clerk who, in turn, shall report
to the Board of Trustees at the next regular meeting. All employees
of the Village are strictly forbidden to demand or accept any tips,
gratuity or other personal compensation for any service whatsoever
which is rendered during working hours.
D.
Any customer-owned lines which are required to be operated and maintained
by the Village shall be subject to a monthly charge covering such
operation and maintenance. Said charge shall be an additional monthly
amount equal to the facility and gas charge at the time of billing.
A.
The responsibility of the Village for maintenance and safety of natural
gas piping terminates at the outlet of the meter, except for residential
customers where the meter is located more than three feet from the
outside residential wall in accordance with Illinois law.
B.
All house or mobile home piping shall be of rigid construction. The
pipe from the outlet of the meter shall be black iron not less than
one inch inside diameter and shall enter the outside vertical house
wall or mobile home skirt. The pipe shall be secured or anchored by
means of a suitable metal strap or clamp at a point not more than
18 inches from the meter outlet and shall be fastened to the wall
at intervals sufficient to make the pipe rigid throughout. All piping
from the meter shall be securely fastened so that the pipe will not
turn when fittings are installed at or near the meter. The final tie-in
of the gas line to the meter shall be made by the Village.
(1)
Gas will not be turned on to any customer manifold that has not been
first air tested for leakage at one psig or more by the applicant
or his agent and subsequently checked by the Village. Testing must
be done as a completed system. No partial or temporary service is
permitted. All tests shall be held for observation by the Village
gas employee.
(2)
Customer connections between the meter and the outside residential
wall are prohibited, except for individual lines to serve gas grills
or gas lights.
C.
The Village does herewith adopt as its rules and regulations the
safety practices set forth by the National Fire Protection Association
in the latest revision of the National Fuel Gas Code, NFPA 54, as
though those provisions were fully repeated and set forth herein so
far as they are not inconsistent with this chapter. In the event of
conflict, the more restrictive language shall apply. NFPA 54 is the
National Fuel Gas Code. Any person, firm or corporation installing
fuel gas piping or appliances within the gas service area of the Village
shall avail themselves of said Fuel Gas Code prior to the undertaking
of any such installation and shall follow it.
D.
No surface may be constructed or placed over a gas service line or
main which may produce a seal to a building wall or foundation or
which may obstruct ready access for repair or replacement.
E.
All buried natural gas piping facilities owned or served by the Village
and distribution appurtenances shall conform to the latest revision
of NFPA 54 and the Minimum Federal Pipeline Safety Standards, 49 CFR
Part 192, as though fully set forth herein. The minimum standards
shall apply equally to private buried facilities and distribution
appurtenances. No natural gas piping may be placed or remain beneath
any building or sealed surface except in a specified vented casing.
F.
No meter, regulator, or any part of a meter Village-owned setting
may be painted or otherwise coated by a customer without written approval
of the Utilities Superintendent on a case-by-case basis. Special coatings
are required to prevent shorting of insulators.
G.
The Village shall not "approve" customer piping, which as used herein
means piping beyond the outlet of the meter. The Village may refuse
connection or discontinue service upon discovering any conditions
which may be in violation of this chapter or which may create any
type of safety hazard, including venting.
H.
Heating plants and water heaters shall be connected to gas piping,
except where an AGA-listed flexible connector is furnished by the
manufacturer as part of its installation design. AGA-approved appliance
connectors may be used only on ranges, clothes dryers or built-in
ovens. Sweat fitting shall not be used anywhere in the gas piping.
I.
All gas conversion burners to be installed shall be AGA-listed and
approved. All designed heating plants shall be AGA-listed and approved
and the manufacturer's recommendations for the installation shall
be followed. No conversion burner shall be installed in an old or
ineffective furnace or a boiler which is in poor repair. Test for
leakage shall be conducted by the installer in an approved manner
before placing a conversion burner in a warm-air heating plant.
J.
No alteration, repair, adjustment, customer relighting, any applicant
work or piping work shall be done by Village forces beyond the outlet
of the meter, except to the extent that it may be required for purposes
of safety only. This prohibition shall apply to L.P. conversions.
K.
No unvented gas appliances, except kitchen ranges, clothes dryers
and refrigerators, may be installed or operated within the Village.
Safety shut-off devices to protect either supply gas or venting failure
shall be installed and subsequently tested for proper operation by
the installer. Written documentation of the test may be requested.
These devices shall be used when approved for or furnished with new
heating equipment.
L.
Decorative or supplementary appliances shall be properly vented in
accordance with NFPA 54. These include but are not limited to gas
logs and gas log lighters. At any time such units are installed in
wood-burning fireplaces, special action must be taken for permanent
modification of the flue damper. Positive assurance must be provided
that the damper cannot be fully closed. A permanent hole must be cut
or a positive stop attached, even if the unit has a safety pilot.
The size of this opening shall be in accordance with the table in
NFPA 54 titled "Free Opening Area of Chimney Damper for Venting Flue
Gases from Unlisted Decorative Appliances for Installation in Vented
Fireplaces." All other provisions for safety must be observed.
M.
The Village shall be notified of any changes or alterations, remodeling
or reconstruction affecting gas piping in any building, house or grounds.
This shall be done using a new application for gas service or by amending
an existing application.
All the rules and regulations concerning the use of the facilities
of the natural gas system of the Village and the consumption of gas
therefrom shall become a part of the contract with every gas customer,
and every gas customer shall be subject thereto and bound thereby.
A.
The Village shall not be required to extend service within the Village
limits a distance of more than 100 feet per customer and only then
when sufficient funds are available in excess of those required for
the proper operation of the system. Extension of mains and service
outside of the Village limits shall be subject to approval of the
Board and shall also be subject to all of the rules and regulations
and provisions as provided herein or as may be amended. All mains,
lines and equipment shall immediately become the property of the Village.
B.
Where service is desired when funds for extensions are not available
and/or when the distance is in excess of the 100 feet per customer
noted above, such extension can be made if the applicant will deposit
with the Village the estimated cost of making the extension, less
100 feet when funds are available, or the entire amount when the funds
are not available. The amounts so deposited shall be refunded to such
consumer or consumers at the rate of $0.90 per Mcf. annually until
the total deposit has been refunded or until eight annual payments
have been made, whichever event occurs first. Such deposit shall be
interest-free. In the event that the amount deposited is greater or
less than the actual cost of the extension, such excess or deficiency
shall be corrected prior to giving service.
(1)
Deposits made under the provisions of this section shall not exempt
the application from the payment of all other charges required by
this chapter.
(2)
Amounts received by the Village for such extensions shall be deposited
in the Meter Deposit Fund and payments for refunds shall likewise
be paid from the same fund.
A.
It shall be unlawful for any person, firm, corporation or customer
to break the seal of any meter or in any manner to make any alterations,
changes or repairs on the same or to open any mains, laterals, service
pipe, stopcocks, valves, or any part thereof or otherwise tamper with
or attempt to do any work on either or any of them without written
authority of the Village, or its properly authorized agent. Any person
who shall violate any of the provisions of this section, or who shall
willfully or maliciously injure or damage any property connected with
the gas system of the Village, shall be subject to the penalty hereinafter
prescribed.
B.
No customer shall be permitted to use the stop cock of the service
connection for shutting off gas while making extensions, additions
or repairs to the pipe or equipment on the premises. Such shut-off
or discontinuance or interruption of service shall be made only by
properly authorized employees of the Village.
C.
Tampering shall include any type of confinement, enclosure, covering
over, surface sealing or changing of the environment relative to any
parts of the gas system or equipment of the Village. Such tampering
shall become the liability of the customer, who shall pay the Village
the actual cost of removal, repairing and/or replacing equipment or
material.
Gas service may not be transferred from one premises to another
by any user. The availability of service at any location is dependent
upon the availability of natural gas in the Village and its rules
in effect at the time of a request for service at any premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Mayor shall appoint a committee of three members of the
Board as a Gas and Water Committee, one of whom shall be appointed
as Chairman. It shall be the Gas and Water Committee's duty to confer
with the duly authorized agent appointed to operate and maintain the
gas system and to institute such additional rules and regulations
for the operation of the Gas Department as may be required for its
efficient operation from time to time. All action of the Committee
shall be subject to the approval of the Mayor and Board of Trustees.
A.
Plans for sanitary sewer work or water main work which include trenching
must include the general location of all natural gas service lines
and mains which cross the construction or are located within 10 feet
of the outer limits of the proposed trenching.
B.
A pre-construction conference must be held not less than two weeks
prior to the beginning of trenching work and minutes of that conference
must be maintained in the permanent records of the gas utility.
C.
The pre-construction conference mentioned above should be attended
by the superintendent of the excavator and by the Gas Superintendent.
D.
A written request for surface marking must be delivered by the excavator
to the Superintendent of the Village's Gas Utility not less than two
full working days prior to the initiation of excavation. This is in
addition to the required notification of the state-wide one-call system.
E.
Gas facilities to be exposed by excavations or near excavations shall
be specifically identified to the Superintendent of the Village's
Gas Utility by the excavator 24 hours in advance of the time that
such facility or facilities will be exposed.
F.
The excavator shall report any incident in which gas facilities are
accidentally exposed but not damaged to the Superintendent of the
Village's Gas Utility not less than two hours following such accidental
exposure of facilities.
G.
A qualified employee of the Village's Gas Utility shall be present
at the site of any excavation occurring within 10 feet of any gas
service line or other gas facility.
H.
The cost incurred in providing the qualified Village employee described
above shall be paid by the excavator at the actual cost of the Gas
Utility of the Village.
I.
The excavator shall be fully responsible for trench settlement after
construction as well as shoring, bracing and full support of the entire
length during construction.
The Village, in accordance with the Minimum Federal Pipeline
Safety Standards, 49 CFR 192.383, hereby provides notification that
an excess flow valve meeting the performance standards of 49 CFR 192.383
is available for installation and shall be the responsibility of the
customer.
A.
Excess flow valves are designed to shut off the flow of natural gas
should service be severed.
B.
The interruption of gas service may be caused by natural disaster,
ground movement or third-party damage.
C.
The cost to install such a device for 3/4-inch steel service lines
shall be set from time to time by the Board of Trustees by resolution.
Other sizes will be provided on an as-requested basis.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The customer will bear all costs associated with the maintenance
and replacement of such device should the customer request it to be
installed. The estimated replacement cost, should it be requested,
shall be set from time to time by the Board of Trustees by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended by Ord. No. 14-1445]
A.
The Village shall make all connections to gas mains, install all
service lines, and provide the meter and all labor and materials (at
the property owner's expense) necessary for said installations. Service
line installations shall be completed in a workmanlike manner.
B.
The final tie-in for the gas line to the outlet side of the meter
shall be the property owner's responsibility and must be completed
in accordance with the guidelines set forth in the National Fire Protection
Association's most recent edition of NFPA 54, National Fuel Gas Code,
which is incorporated by reference and made a part hereof to the same
extent as if fully set forth herein.
