[Ord. 97, 6-4-1979; amended by 2003 Code; Ord. 10-02-04-41, 12-1-2010; Ord. 12-06-01-41, 6-4-2012]
A. Basis For Wastewater Service Charges:
1. The wastewater service charge for the use of and for service supplied
by the wastewater facilities of the City shall consist of a basic
user charge for operation and maintenance plus replacement, and a
surcharge, if applicable. The user charge shall be based on water
usage as recorded by water meters for normal waste having the following
strength:
a. A five day, 20° C. biochemical oxygen demand (BOD) of 200 mg/l.
b. A suspended solids (SS) content of 250 mg/l.
2. Water meter readings shall be assumed to equal sewage flow except
in cases where the user may show that water passed through the meter
is not returned to the sewer. An adjustment in meter readings may
be made in such cases if the user furnishes the City a meter reading
of water flow not discharged to the sewer. The user charge shall consist
of operation and maintenance costs plus replacement and shall be computed
as follows:
a. Estimate the projected annual revenue required to operate and maintain
the wastewater facilities including a replacement fund for the year.
b. Estimate wastewater volume discharged to the sewer system based on
total water meter readings after appropriate adjustment for water
not returned to the sewer and/or water from unmetered private sources
which is discharged to the sewer system.
c. Compute costs per 1,000 gallons for normal sewage strength wastes.
3. A surcharge will be levied to all users whose waters exceed the normal concentrations for BOD (200 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 200 mg/l and 250 mg/l concentration for BOD and SS respectively. Subsection
C of this section specifies the procedure to compute a surcharge. The adequacy of wastewater service charge shall be reviewed annually by certified public accountants for the City in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in operation and maintenance costs, including replacement costs, and adjusted as required. One of the purposes of the annual review shall be to maintain service charges in relation to cost and assure that all classes of users are being charged their equitable share.
B. Additional Metering Of Water Usage:
1. Residential use customers desiring to have a portion of the water usage measured for their premises exempted from the user charge for wastewater services for the months encompassed by the May meter reading through the October meter reading, as provided in Subsection
A of this section, shall make written application for the "outside (nonsewer) water usage program" (hereafter "nonsewer program") upon printed blanks to be furnished by the Clerk and signed by the applicant or his authorized agent; provided, no such application will be accepted by the City unless signed by the owner of the premises. An annual fee of $100, not to be prorated in any manner, shall be collected upon filing of the application. All relief granted under the nonsewer program will be prospective and implemented as soon as reasonably possible. In no circumstance will any customer be entitled to any retroactive recalculation of charges. Application for participation in the nonsewer program and payment of the fee is required annually.
2. For each customer accepted into the nonsewer program, the City will
average the water use for that customer using the meter readings from
the months of November through April of the year preceding the participation
in the nonsewer program. The calculated average will constitute a
"not to exceed" cap ("the cap") for purposes of calculating the monthly
charge for wastewater services during participation in the nonsewer
program. For charges calculated upon the meter readings in May, June,
July, August, September and October, customers participating in the
nonsewer program will be charged standard charges for wastewater services
up to, but not exceeding, the cap for those months in which the customer
is a participant.
C. 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.
1. If the person discharging wastes into the public sewers procures
any part, or all of his water from sources other than the City, 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 superintendent for the purpose of determining the
volume of water obtained from these other sources.
2. Devices for measuring the volume of waste discharged to the sanitary
sewer may be required by the City Council if these volumes cannot
otherwise be determined from the metered water consumption records.
3. Devices for measuring the volume of waste not discharged to the sanitary
sewer may be required by the superintendent if reasonable estimates
cannot be made for adjusting water meter readings.
4. 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 canceled, without
the consent of the City Council.
D. Rates And Charges Established:
1. Minimum Charge And Basic User Rate After February 1, 2010: There
shall be and there are hereby established a minimum charge and basic
user rate for the use of and for service supplied by the wastewater
facilities of the City. There shall be a minimum charge of $6.25 per
one-month period to all users whose water consumption does not exceed
1,000 gallons per month. There shall be a basic user rate of $6.25
per 1,000 gallons metered or adjusted (as set forth in this section)
in excess of 1,000 gallons per one-month period to all users who discharge
normal strength wastes to the system effective with the first water
meter reading after February 1, 2010.
2. Minimum Charge And Basic User Rate After February 1, 2011: There
shall be and there are hereby established a minimum charge and basic
user rate for the use of and for service supplied by the wastewater
facilities of the City. There shall be a minimum charge of $6.60 per
one-month period to all users whose water consumption does not exceed
1,000 gallons per month. There shall be a basic user rate of $6.60
per 1,000 gallons metered or adjusted (as set forth in this section)
in excess of 1,000 gallons per one-month period to all users who discharge
normal strength wastes to the system effective with the first water
meter reading after February 1, 2011.
3. Minimum Charge And Basic User Rate After February 1, 2012: There
shall be and there are hereby established a minimum charge and basic
user rate for the use of and for service supplied by the wastewater
facilities of the City. There shall be a minimum charge of $7 per
one-month period to all users whose water consumption does not exceed
1,000 gallons per month. There shall be a basic user rate of $7 per
1,000 gallons metered or adjusted (as set forth in this section) in
excess of 1,000 gallons per one-month period to all users who discharge
normal strength wastes to the system effective with the first water
meter reading after February 1, 2012.
4. Increase In Rates: Effective February 1, 2013, sewer user fees will
be increased based on the "Consumer Price Index All Urban Customers
(CPI-U)". Any adjustment will be made effective with the first meter
reading after February 1 and will be in effect for one year. The consumer
price index inflation rate will be evaluated on an annual basis each
February, and adjustments will be made accordingly.
[Ord. 97, 6-4-1979; amended by 2003 Code]
A. Monthly Bills; Liability For Service: Rates or charges for service
shall be payable monthly as determined by the City. 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 City only upon
the condition that the owner of the premises, occupant and user of
the services are jointly and severally liable therefor to the City.
B. Rendition Of Bills: Bills for sewer service shall be sent out by
the City Clerk within 30 days of the date the meters are read.
C. Payment Of Bills; Late Penalty: All sewer bills are due and payable
30 days after being billed. A penalty of 10% of each original bill
shall be added to all bills not paid by the due date.
[Ord. 97, 6-4-1979; amended by Ord. 491, 3-15-1993; 2003 Code]
A. Notice And Statement Of Lien Claim:
1. Determination Of Delinquency: Whenever a bill for sewer services
remains unpaid for 30 days after it has been rendered, the same shall
be deemed delinquent and not paid in accordance with the provisions
of this chapter.
2. Costs A Lien: Any delinquent charge for sewer service to any premises
served by the City sewer system shall constitute a lien upon the premises
to which such sewer services were supplied.
3. Notice Of Lien: In order to establish a lien upon the premises as
aforesaid, the City Clerk shall send to the owner of record, as referenced
by the taxpayer's identification number, of the real estate served
by the City sewer system: 1) a copy of each delinquency notice sent
to the person delinquent in paying the charges or rates or other notice
sufficient to inform the owner of record, as referenced by the taxpayer's
identification number, that the charges or rates have become delinquent;
and 2) a notice that unpaid charges or rates may create a lien on
the real estate served by the City sewer system.
4. Statement Of Lien Claim: After sending the required notices, as aforesaid,
the City Clerk is hereby authorized and directed to cause sworn statements
showing such delinquencies to be filed in the office of the county
recorder of deeds establishing as a matter of record as to such real
estate, the delinquency of the payment for sewer services. Said statement
may also be signed and filed by the City Clerk or by the City attorney
at the direction of the City Clerk. Such statement shall contain the
legal description of the premises served, the amount of the unpaid
bill, and a notice that the City claims a lien for this amount, as
well as for all charges for sewer service subsequent to the period
covered by the bill. The filing of such statement shall be deemed
notice for the payment of such charges and for sewer service and penalties
for late payment. The City Clerk shall cause a copy of the notice
of the lien to be sent to the owner of record of the real estate,
as referenced by the taxpayer's identification number.
5. Release Of Lien: Upon payment of the costs and expenses by the owner
or persons interested in such property, and upon payment of the recording
fee paid to the recorder of deeds to record the notice of lien, the
lien shall be released by the City, in writing, which release shall
be forwarded to the owner or occupant against whose name the lien
was filed, and who shall be responsible for bearing the recording
fee to record the release of the lien.
B. 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 complaint in the name of the City. The City attorney is
hereby authorized and directed to institute such proceedings in the
name of the City in any court having jurisdiction over such matters
against any property for which the bill has remained unpaid 90 days
after it has been rendered.
[Ord. 419, 12-16-1991]
The users of wastewater treatment services of the City will
be notified annually, in conjunction with a regular bill, of the rate
and of the portion of the user charges which are attributable to the
wastewater treatment operation, maintenance and replacement.
[Ord. 97, 6-4-1979]
The United States Environmental Protection Agency or the Illinois
Environmental Protection Agency or their authorized representatives
shall have access to any books, documents, papers, and records of
the City which are applicable to the City 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 Federal grant.
[Ord. 97, 6-4-1979; amended by 2003 Code]
Any person, firm or corporation violating any provisions of this chapter shall be subject to penalty as provided in Title 1, Chapter
1-4, of this Code for each offense.
[Ord. 17-02-01-41, 2-6-2017; amended 4-6-2020 by Ord. No. 20-04-02-41]
A. Combined Sewer Separation Requirements: The anticipated expense to
separate the existing sewer system will include the following Illinois
Environmental Protection Agency mandates:
1. Separation of the existing combined sewer system by December 31,
2018. The total estimated cost to complete this project is $2,000,000.
2. Implementation of a post-monitoring process upon completion of the
separation project reference above.
B. Fee: All utility customers of the City of LeRoy will be required
to pay a $0.25 per month fee to fund the post-monitoring process mandated
by the IEPA.
[Ord. 17-02-01-41, 2-6-2017]
All utility customers of the City of Le Roy will be required
to pay a $5 per month fee to finance capital projects relating to
the sewer system including payment of the debt service on the capital
bonds issued in 2016.