City of Le Roy, IL Chapter 8-4 Sewer Use and Service

§ 8-4-1 Definitions.

[Ord. 97, 6-4-1979; amended by 2003 Code]

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter and Chapter 8-5 of this title shall be as follows:

CLARIFICATION OF WORD USAGE

A. MAY Is permissible.

B. SHALL Is mandatory.

FEDERAL GOVERNMENT

A. ADMINISTRATOR The Administrator of the U.S. environmental protection agency.

B. FEDERAL ACT The Federal Clean Water Act (33 U.S.C. § 466 et seq.), as amended (Pub. L. 95-217).

C. FEDERAL GRANT The U.S. government participation in the financing of the construction of treatment works as provided for by Title II - grants for construction of treatment works of the act and implementing regulations.

LOCAL GOVERNMENT

A. CITY The City of Le Roy.

B. CITY COUNCIL The City Council of Le Roy.

C. SUPERINTENDENT The person designated by the City Council as sewer superintendent.

NPDES PERMIT

Any permit or equivalent document or requirements issued by the Administrator, or, where appropriated by the director, after enactment of the federal clean water act, to regulate the discharge of pollutants pursuant to Section 402 of the federal act.

PERSON

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

SEWER TYPES AND APPURTENANCES

A. BUILDING DRAIN 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.

B. BUILDING SEWER The extension from the building drain to the public sewer or other place of disposal.

C. COMBINED SEWER A sewer which is designed and intended to receive wastewater, storm, surface and ground water drainage.

D. EASEMENT An acquired legal right for the specific use of land owned by others.

E. PUBLIC SEWER A sewer provided by or subject to the jurisdiction of the City. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sanitary or combined sewer system, even though those sewers may not have been constructed with City funds.

F. SANITARY SEWER A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and ground waters or polluted industrial wastes are not intentionally admitted.

G. SEWER A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage.

H. SEWERAGE The system of sewers and appurtenances for the collection, transportation and pumping of sewage.

I. STORM SEWER A sewer that carries storm, surface and ground water drainage but excludes sewage and industrial wastes other than unpolluted cooling water.

J. STORM WATER RUNOFF That portion of the precipitation that is drained into the sewers.

STATE GOVERNMENT

A. DIRECTOR The director of the Illinois environmental protection agency.

B. STATE ACT The Illinois antipollution bond act of 1970.[1]

C. STATE GRANT The state of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois antipollution bond act and for making such grants as filed with the secretary of state of the state of Illinois.

TREATMENT

A. PRETREATMENT The treatment of wastewaters from sources before introduction into the wastewater treatment works.

B. WASTEWATER TREATMENT WORKS An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "pollution control plant".

TYPES OF CHARGES

A. REPLACEMENT 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".

B. SEWERAGE FUND The principal accounting designation for all revenues received in the operation of the sewerage system.

C. SURCHARGE The assessment in addition to the user charge which is levied on those persons whose wastes are greater in strength than the concentration values established in Chapter 8-5 of this title.

D. USEFUL LIFE The estimated period during which the collection system and/or treatment works will be operated and shall be 30 years from the date of startup of any wastewater facilities constructed with a state grant.

E. USER CHARGE The basic assessment levied on all users of the public sewer system for the cost of operation and maintenance.

F. WASTEWATER SERVICE CHARGE The charge per month levied on all users of the wastewater facilities. The service charge shall be computed as outlined in Chapter 8-5 of this title and shall consist of the total of the user charge and a surcharge, if applicable.

USER TYPES

A. CONTROL MANHOLE 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.

B. INDUSTRIAL USER

1. Any nongovernmental user of publicly owned treatment works identified in the standard industrial classification manual, 1972, office of management and budget, as amended and supplemented, under divisions A, B, D, E and I and which discharges more than 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined process and sanitary waste with a total population equivalent greater than 250 persons per day.

2. Any nongovernmental user of a publicly owned treatment works which discharges wastewater to the treatment works containing toxic or poisonous substances which may of themselves or in combination with other wastes contaminate treatment plant sludge or otherwise interfere with the plant process operation or cause the treatment plant effluent to violate national pollutant discharge system discharge permit standards.

3. A user in the divisions listed may be excluded if it is determined by the City Council that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

C. "RESIDENTIAL OR COMMERCIAL" or "NONINDUSTRIAL" USER Any user of the treatment works not classified as an industrial user or excluded as an industrial user as provided for in this category of "user types".

D. USER CLASS The type of user, either "residential or commercial" (nonindustrial) or "industrial" as defined herein.

WASTEWATER AND ITS CHARACTERISTICS

A. BOD (denoting BIOCHEMICAL OXYGEN DEMAND) 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.

B. EFFLUENT CRITERIA Are defined in any applicable NPDES permit.

C. FLOATABLE OIL Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

D. GARBAGE Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

E. INDUSTRIAL WASTE Any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or processor or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.

F. MAJOR CONTRIBUTING INDUSTRY An industrial user of the publicly owned treatment works that: a) has a flow of 50,000 gallons or more per average workday; or b) has a flow greater than 10% of the flow carried by the municipal system receiving the waste; or c) has in its waste, a toxic pollutant in toxic amount as defined in standards issued under Section 307(a) of the federal act; or d) is found by the permit issuing authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.

G. MILLIGRAMS PER LITER 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.

H. pH — The logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlined in "Standard Methods".

I. ppm — Parts per million by weight.

J. POPULATION EQUIVALENT A term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is 100 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids.

K. PROPERLY SHREDDED GARBAGE The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

L. SANITARY SEWAGE The liquid and water carried waste discharged from sanitary plumbing fixtures. "Normal domestic sanitary sewage" shall be one containing not more than 200 milligrams per liter of BOD and 250 milligrams per liter SS.

M. SEWAGE Is used interchangeably with "wastewater".

N. SLUG 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.

O. STANDARD METHODS The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American public health association, the American water works association and the water pollution control federation.

P. SUSPENDED SOLIDS (SS) Solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods".

Q. UNPOLLUTED WATER Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

R. WASTEWATER The spent water of a community. It may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.

S. WATER QUALITY STANDARDS Are defined in the water pollution regulations of Illinois.

WASTEWATER FACILITIES

The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.

WATERCOURSE AND CONNECTIONS

A. NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

B. WATERCOURSE A channel in which a flow of water occurs, either continuously or intermittently.

[1] Editor's Note: See 30 ILCS 405/1 et seq.

§ 8-4-2 Use Of Public Sewers Required.

[Ord. 97, 6-4-1979]

A. Discharge Of Human And Animal Wastes: 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 in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.

B. Discharges Into Natural Outlets: It shall be unlawful to discharge to any natural outlet within the City, or in 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. Private Systems: 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. Connection To Sewer System Required: The owner of all 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 a public sanitary or combined 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 sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so; provided, that said public sewer is within 75 feet of the property line.

§ 8-4-3 Private Sewage Disposal.

[Ord. 97, 6-4-1979; amended by 2003 Code]

A. Private Systems Permitted: Where a public sanitary or combined sewer is not available under the provisions of Subsection 8-4-2D of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

B. Permit Requirements:

1. Permit Required: 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.

2. Effect Of Permit: 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.

C. Construction Specifications; Lot Requirements; Drainage:

1. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Illinois private sewage disposal licensing act and code,[1] and with the Illinois environmental protection agency.

[1] Editor's Note: See 225 ILCS 225/1 et seq.

2. 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 that deemed necessary by the McLean County health department.

3. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

D. Availability Of Public Sewer; Connection Required: At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection 8-4-2D of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter within 90 days, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, cleaned of sludge, and filled with granular material.

E. Responsibility For Private System: 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.

F. Other Requirements: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the City.

§ 8-4-4 Sewer Main Construction.

[1975 Code §§ 7.01, 7.02]

A. All sewers laid or constructed in any street, avenue, alley, or other public thoroughfare in the City shall be laid on and along the center line thereof, or as near as practicable, according to plans and specifications, and be constructed in such form and of such material, and be of such dimensions as shall be prescribed by ordinances or contract or specifications.

B. If any sewer will probably be required to be extended or be connected with any lateral sewer leading thereto, it shall be constructed with reference to such probable connection or connections, and suitable "T" and "Y" branches left or made in the sides thereof to admit such extensions or connections, the same to be located at such points as provided by ordinance or directed by the City. The openings left at such points shall be securely capped or otherwise closed, and a record of all such openings, "Ys" and "Ts", shall be made and filed in the office of the City Clerk.

§ 8-4-5 Building Sewers And Connections.

[1975 Code § 7.04; amended by Ord. 97, 6-4-1979; Ord. 307, 11-2-1987; Ord. 383, 12-17-1990; Ord. 818, 10-19-1998; 2003 Code; Ord. 05-05-01-41, 5-16-2005; Ord. 10-07-03-41, 7-19-2010; Ord. 13-03-03-41, 3-18-2013]

A. Permit To Connect[1]:

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

2. Application For Permit; Required Information: The owner or his agent shall make application for a building sewer permit on a special form furnished by the City Clerk. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent.

3. Fees: A building sewer permit fee and an inspection fee shall be paid to the City at the time the application is filed.[2]

[2] Editor's Note: The specific fees were removed from this section. For current fees, see § 8-5-1.

4. Bond: Before being entitled to lay, construct or make any connections with any of the public sewers of the City, the applicant therefor shall give a bond, payable to the City with securities, or cashiers check, in the penal sum of $5,000, conditioned to indemnify and save and keep harmless the City from all accidents and damage caused by any failure on the part of such applicant or any employee of such applicant to properly perform such work, and that such applicant will observe and conform to all ordinances of the City and all rules and regulations of the City Council.

5. Conditions Of Permit:

a. An industry, as a condition of permit authorization, must provide information describing its wastewater system and its characteristics, and type of activity.

b. A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

[1] Editor's Note: See also Section 10-2-2 of this Code.

B. Separate Building Sewers Required: 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.

C. Use Of Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are found, on examination and evaluation by the sewer superintendent, to meet all requirements of this chapter.

D. Construction Materials And Methods: The building sewer shall be constructed of polyvinyl chloride (PVC) pipe ASTM D-3034 (minimum standard dimension ratio [SDR] shall be 35) with solvent welded joints ASTM D-2855. All joints shall be watertight. Size and slope of the building sewer shall be subject to the approval of the superintendent, but in no event shall the diameter be less than six inches and slope less than 1/8 inch per foot.

E. Elevation: Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved by the City.

F. Connections To Public Sewer: The connection of the building sewer into the public sewer shall be made at the "Y" or "T" branch, if such branch is available at a suitable location. If no properly located "Y" or "T" branch is available, the owner shall, at his expense, install a "Y" or "T" branch in the public sewer at the location specified by the superintendent. Special fittings may be used for the connection only when approved by the superintendent. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative.

G. Garage Floor Drains: No person shall make any connection of any garage floor drain to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Prior to any construction, the owner of the premises upon which the aforesaid construction is proposed to take place shall submit, or cause to be submitted, to the City for approval a plan clearly depicting any floor drains intended to be installed in any garage, the outlet for any such drain, any treatment that will be made of the water before it reaches the outlet or at the outlet, and the path, as best as can be determined, of such water across the owner's land after reaching the outlet.

H. Excavations: The following provisions are in addition to the requirements of Title 7, Chapter 7-2, of this Code:

1. All excavations required for the installation of the building sewer shall be open trench work unless otherwise approved by the superintendent. Pipe laying and backfill shall be performed in accordance with ASTM C12-19; except, that no backfill shall be placed until the work has been inspected. All excavations for building sewer installation shall be adequately guarded with barriers and warning devices 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 the manner satisfactory to the superintendent.

2. During the time of excavation and as long as an excavated area remains open so as to act as a catch basin, any sewer tile or drainage outlet designed to service the excavated area shall at all times be either capped or furnished with a sufficient standpipe so as to eliminate the possibility of any rain or surface water collecting or draining into the excavated area and hence into the outlets and accordingly into the sewer system of the City.

I. Discharges Into System:

1. No person shall make connection of roof downspouts, sump pumps, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

2. All new construction tributary to the combined sewer system shall be designed to minimize or delay the inflow of the storm water contribution from said new construction to the combined sewer system. Prior to any construction, the owner of the premises upon which the said construction is proposed to take place shall submit, or cause to be submitted, to the City for approval, a plan depicting how the owner proposes to accomplish the said requirement. Review by the City and approval on behalf of the City shall be accomplished by the City Administrator or his designee.

3. Any inflow sources, i.e., foundation drains, downspouts or other such sources which are connected to a combined sewer shall be disconnected from said combined sewer and connected to a separate storm sewer at such time as said storm sewer is made available to the property with the inflow source connection. The disconnection of the inflow source(s) shall be made within 180 days after the issuance date of said notice from the City to property owner to make said disconnection. "Made available" shall be defined as a condition in which a separate storm sewer has been installed and made operational within a City right of way that is contiguous with said property.

4. The domestic waste connection, for all new buildings and when connected to a combined sewer, shall be constructed to handle only domestic waste from the building. All inflow sources, i.e., foundation drains, downspouts, or other such sources, shall be connected to a separate inflow connection. At such time as a separate storm sewer is made available to the property, the property owner shall disconnect the inflow connection from the combined sewer and connect it to the separate storm sewer, entirely at the expense of the property owner.

J. Cost Borne By Owner: All costs and expenses including labor and materials incidental to the installation, connection and maintenance of a lateral sewer line shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or damage that directly or indirectly be occasioned by the installation, connection and maintenance of the lateral sewer lines. This section shall apply even where the lateral sewer line runs under a public street, public right of way, or easement.

K. Payment Plan: A monthly payment plan may be utilized as the means to assist in the payment of resident's lateral sewer line installation cost. The application and agreement shall be executed prior to sewer line main connection.

§ 8-4-6 Discharges Into Public System.

[Ord. 66, 11-7-1977; amended by Ord. 97, 6-4-1979; Ord. 710, 12-2-1996; 2003 Code; Ord. 05-05-02-41, 5-16-2005; 5-4-2020 by Ord. No. 20-05-01-41]

A. Storm And Surface Water Runoff; Storm And Combined Sewers:

1. Prohibited Discharges Into Sanitary Sewers And Open Drains:

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 sewers.

b.

(1) After the effective date hereof, no person within the City shall make any connection into the existing storm or existing field tile sewer system within the City's boundaries for the purpose of discharging industrial or domestic waste into said system, unless said industrial or domestic waste shall meet all requirements.

(2) If any person, firm or corporation shall violate the provisions of this Subsection A1b, the City shall direct the City attorney to seek an injunction prohibiting such person, firm or corporation from making or using such connection.

(3) The City shall be responsible for enforcement of this Subsection A1b. The superintendent shall prepare a program of enforcement to ensure compliance with this Subsection A1b.

c. It shall be unlawful for any person, firm, corporation or institution, public or private, to connect, or cause to be connected, any drain carrying, or to carry, any toilet, sink, basement, septic tank, cesspool, industrial waste, or any fixture or device discharging polluting substances to any open ditch, drain, or drainage structure installed solely for street or highway drainage purposes of the City. Any person, firm, or corporation violating this Subsection A1c shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists.

2. Discharge Of Surface Waters Into Appropriate Outlets:

a. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City Council.

b. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City Council, to a storm sewer, combined sewer, or natural outlet.

3. Prohibited Discharge Inspection Program:

a. Beginning in 2020, the City Council will begin a prohibited discharge inspection program overseen by the Superintendent of the LeRoy Wastewater Treatment Plant. The corporate limits of the City will be divided into quadrants for inspection purposes.

b. Once a quadrant area has been identified for inspection, the City Administrator will send out a letter on behalf of the Superintendent notifying owners (person, firm, or corporation) of the expected inspection date(s) of his/her building/residence and asking the owner to call in to City Hall and schedule a date and time for the inspection. Such letter will also notify the owner of his/her option to utilize a licensed private plumber to conduct the inspection and the cost of the owner.

c. Once scheduled, each building and residence will be inspected for any prohibited discharges into sanitary sewers and open drains as defined in § 8-4-5I and § 8-4-6A of this Code. If any prohibited discharges in violation of this section are located during the inspection, the owner of the building/residence will be notified in writing and will have 90 days from the receipt of the notification to correct the improper connection or drainage and provide proof of such correction to the Superintendent. Expenses related to such correction will be borne by the property owner.

d. In the event an owner fails to correct a noted violation, the City Administrator shall instruct the City Attorney to seek an injunction prohibiting such person, firm, or corporation from making or using such connection and ordering the removal of such connection from the City sanitary sewer or open drains. The City may, in its discretion, seek attorney's fees from any enjoined owner to cover the cost of enforcement of this program.

B. Prohibited Discharges: 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 waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create 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 capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch, manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

C. Restricted Discharges:

1. 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 superintendent, that such wastes can harm either the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:

a. Any liquid or vapor having a temperature higher than 150° F. (65° C.).

b. 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° and 150° F. (0° and 65° C.).

c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or greater shall be subject to the review and approval of the City superintendent.

d. Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not.

e. Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Council for such materials.

f. Any waters or wastes containing phenols or other taste producing or odor producing substances,. in such concentrations exceeding limits which may be established by the City Council as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

g. Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the City Council in compliance with the applicable state or federal regulations.

h. Any waters or wastes having a pH in excess of 9.5.

i. Any mercury or any of its compounds in excess of 0.0005 milligrams per liter as Hg at any time except as permitted by the City Council in compliance with applicable state and federal regulations.

j. Any cyanide in excess of 0.025 milligrams per liter at any time except as permitted by the City Council in compliance with applicable state and federal regulations.

k. Materials which exert or cause:

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

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

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

(4) Unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein.

l. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

2. 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 C1 of this section, and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter D, Water Programs, Part 4403 Pretreatment Standards, 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:

a. Reject the wastes;

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

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

d. 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 Subsection 8-4-9C 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 superintendent and subject to the requirements of all applicable codes, ordinances, and laws.

3. The City has authorized that impacts on water quality from discharges from the combined sewer overflows that receive nondomestic waste are to be minimized. The City is further authorized to determine which nondomestic wastewater discharges are tributary to any combined sewer overflows and the City may, at its discretion, review and modify these provisions to control pollutants sourced from said combined sewer overflows.

§ 8-4-7 Interceptors.

[Ord. 97, 6-4-1979]

Grease, oil, dirt and sand interceptors shall be provided when, in the opinion of the superintendent, 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 superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

§ 8-4-8 Preliminary Treatment.

[Ord. 97, 6-4-1979]

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.

§ 8-4-9 Industrial Users.

[Ord. 97, 6-4-1979; amended by 2003 Code; Ord. 07-12-03-41, 12-17-2007; 4-27-2020 by Ord. No. 20-04-04-01]

A. Manhole: Each new 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 as will facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be reasonably accessible and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manholes 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.

B. Measurements, Tests And Analyses:

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

2. The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the City, but not less than once per year. The industry must supply a complete analysis of the constituents of the wastewater discharge to ensure that compliance with the federal, state and local standards is being met. The owner shall report the results of the 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 reports required by the City. At such times as deemed necessary, the City reserves the right to take measurements and samples for analysis by an outside laboratory service.

C. Special Agreements: No statement 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 Chapter 8-5 of this title, by the industrial concern.

D. Private Sewage Haulers:

1. Septic tanks with domestic waste pumped within City limits may be dumped at no cost at the City of Le Roy sewage treatment plant.

2. Septic tanks with domestic waste pumped outside of City limits may dump for a $50 fee at the Le Roy sewer plant. Special conditions apply:

a. Must have prior approval from the City of Le Roy.

b. Must dump at the designated manhole at the sewer plant.

c. Must have documentation of where load originated.

d. No dumping during a combined sewer overflow.

e. No industrial or commercial waste.

f. Private haulers are prohibited from discharging at any dump station.

E. Dump Stations:

1. Any commercial business offering a dump station discharging into the City sewer system shall be assessed a fee of $100 per month. The dump station shall only receive domestic waste discharges from recreational vehicles, trailers, campers and boats.

2. It shall be unlawful for any firm, corporation, or private sewage hauler to discharge any type of waste at the dump station.

§ 8-4-10 Extension Of Mains.

[Ord. 97, 6-4-1979; amended by 2003 Code]

The person desiring sewer service shall install the extension at their own personal expense upon written consent by the City, and compliance with the following:

A. The City must approve all plans and specifications for any extensions.

B. Before any extensions are installed, the plans and specifications must be reviewed and approved by the Illinois environmental protection agency.

C. Ownership, rights of way, and title must be conveyed to the City for all extensions installed. The City will maintain the mains thereafter.

D. No extension will be permitted if, in the opinion of the City, the system does not have the necessary capacity to serve the proposed extension.

§ 8-4-11 Measurements, Tests And Analyses.

[Ord. 97, 6-4-1979]

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association, and federal regulation 40 CFR part 136, 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.

§ 8-4-12 Protection From Damage.

[1975 Code § 7.05; amended by Ord. 97, 6-4-1979]

A. No person shall throw or discharge into any sewer, inlet or catch basin, or any other opening into any sewer, any matter or things that will obstruct or damage any sewer.

B. No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any violation of this provision shall be deemed disorderly conduct.

§ 8-4-13 Powers And Authority Of Inspectors.

[Ord. 97, 6-4-1979]

A. Entry Powers:

1. The superintendent and other 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 the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter.

[Amended by 2003 Code]

2. The superintendent and other 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.

B. Limitations On Information Requested: The superintendent or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries, beyond the point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment.

C. Safety Precautions: While performing the necessary work on private properties referred to in Subsection A2 of this section, the superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against the liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Subsection 8-4-9A of this chapter.

§ 8-4-14 Request To Terminate Service.

[Ord. 97, 6-4-1979; amended by 2003 Code]

Any user requesting a final bill shall give notice to the City Clerk prior to the time the final bill is desired. Responsibility for payment for sewer service prior to the date of the final bill shall be with the property owners as well as the user. There shall be no charge for transferring the sewer service to the subsequent user.

§ 8-4-15 Penalties.

[Ord. 97, 6-4-1979; amended by 2003 Code]

A. Any person found to be violating any provision of this chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this chapter shall become liable to the City by reason of such violation.