[Adopted as Ch. 13.16 of the 1997 Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Administration, maintenance, and operation of the City's sanitary
sewer system shall be under the responsibility of the Department of
Public Works.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Director of Public Works shall be the administrative head
of the City's sanitary sewer utility system, and responsible for the
efficient management thereof.
A.
Municipal sanitary sewer system under the care and custody of the
City Director of Public Works. The Director of Public Works or his/her
designee shall have care and custody of the municipal sanitary sewer
system and all equipment, pipes and machinery pertaining thereto.
He shall be responsible for the care of all such property and for
the efficient management of the sanitary sewer system. He shall see
that all sewers of the City sewer system are kept in good repair,
free from obstructions and breaks, and shall make all inspections
necessary to enforce the City codes relating to sewers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Maintenance of service pipes. All service pipes and fixtures from
the sewer mains and lines of the City to the premises served by the
connection to the City mains and/or lines shall be installed and maintained
at the expense of the property owner(s) of the property served by
the connection, and any leaks or other defects in the same shall be
promptly repaired by the property owner(s), or if not promptly repaired
the water shall be turned off until such repairs have been made, and
the expense thereof shall be charged against such owner(s), and must
be paid before the water service shall be turned on again. The cost
of maintenance and repair of the lines shall be the responsibility
of the property owner(s), even where the sewer service connections
run under a public street or a public right-of-way, or use a public
easement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Director of Public Works and all officers and employees
in the Department of Public Works shall be charged with and see to
the enforcement of all City Code provisions relating to the sewer
system.
Every building or structure in the City used for residence,
business, trade, industry or meeting purposes, where public sanitary
sewer service is available, shall be equipped with properly constructed
and installed adequate sewage disposal facilities. The plumbing in
all such places shall conform to the codes of the City and the laws
of the state relating thereto.
Every building or structure in the City used for human occupation,
including residences, businesses, trades, industry or buildings or
structures used for meeting purposes, where public sanitary sewer
service is not available, and which is not connected to the public
sanitary sewer system of the City, shall be equipped with an adequate
and properly functioning septic tank or aeration system, which will
meet or exceed the following requirements:
A.
Availability of public sewer service.
(1)
Public sanitary sewer service shall be deemed available when
a public sanitary sewer line is located within any street or other
right-of-way or utility easement that adjoins or abuts the premises
for which a sewer service is required or when the improvement to be
served is located within 200 feet of a City sanitary sewer line to
which the property can connect and to which there is no physical barrier
or local ordinance or law prohibiting connection. Where said sanitary
sewer service is available, the property owner must pay the usual
and customary connection or "tap-in" fee to the City and connect the
improvement to be served by the connection to the City public sanitary
sewer service.
(2)
Where a property in the City was authorized to have and install
a private septic tank or aeration system for sanitary sewage disposal
on the premises and subsequently City sanitary sewer service becomes
available for the property, the property owner will be required to
connect to the City sanitary sewer system within three years after
the City sanitary sewer service becomes available, and they will thereafter
disconnect their private sanitary sewer service.
B.
Permit required. It shall be the responsibility of the property owner
to obtain a private sewage disposal system permit from the Board of
Health of the county in which the property to be served by the septic
tank or aeration system is located, or from such other and further
or different county governmental regulatory authority as state law
and county codes and ordinances require, before any construction is
undertaken on a septic tank or aeration system in the City. No property
owner qualified for and intending to install a private sewage disposal
system on their property shall be entitled to receive a building permit
to develop the property unless and until the property owner provides
the City's Building Official with a copy of the private sewage disposal
system permit issued by the county Board of Health or other appropriate
governmental authority. Failure of a property owner to obtain the
required permit or permits shall be deemed a violation of this code
for which the property owner shall be subject to a fine of not less
than $75 nor more than $750; and each day a violation persists shall
be deemed an additional and separate offense. Further, the City may
obtain injunctive relief from the appropriate Circuit Court to enjoin
a violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Adoption of state law and county codes by reference. Any property
owner having or seeking to have and maintain in the City a septic
tank or aeration system shall be required, at all times, to comply
with the Private Sewage Disposal Licensing Act and Code of the State
of Illinois, as from time to time amended (225 ILCS 225/1 et seq.),
as well as the health code and the private sewage disposal system
code of the county where the property to be served by the septic tank
or aeration system is located. The City adopts the Private Sewage
Disposal Licensing Act and Code of the State of Illinois and the county
codes and ordinances of St. Clair County, Illinois and of Monroe County,
Illinois, pertaining to regulation of private sanitary sewer systems
(including the Monroe County, Illinois Private Sewage Disposal System
Code), and all subsequent amendments and revisions hereof, which are
incorporated herein by reference. At least one copy of the state law
and county codes and ordinances shall be kept on file in the office
of the City Clerk.
D.
Aeration system maintenance. Property owners who install aeration
systems for private sanitary sewer service in the City shall be required
to maintain the aeration unit in accordance with the manufacturer's
specifications. The property owner shall be required to obtain and
maintain at all times a continuing service policy with the manufacturer
of the aeration unit, or shall have a licensed installation contractor
or an agent maintain the same as long as the NSF standard is maintained.
Alternatively, in lieu of a continuing service policy, the property
owner shall have an independent certified laboratory test the effluent
every six months for the following: 1) BOD5, 2) suspended solids,
3) color, 4) threshold odor, 5) oily film, 6) foam, 7) chlorine residual
(if applicable), and 8) fecal coliform count. The effluent shall be
in compliance with the county codes. Copies of the service contract
and copies of all test results shall be filed with the City Clerk
and the City Clerk shall provide copies of the same to the City Building Official
for filing in the office of the City Building Official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Right of inspection. It shall be the duty of the owner or occupant
of a property in the City that has private sanitary sewer service
by septic tank or aeration system to give the health officer of the
county in which the property is located as well as the City's Building Official
or his designated agent and/or the City Engineer free access to the
property for the purpose of making such inspections as they deem necessary
to determine compliance with requirements of this section. The owner
or contractor seeking to install a septic tank or aeration system
in or on property located in the City shall give a minimum of 24 hours'
advance notice to the applicable county health officer to allow the
officer an opportunity to inspect the system before it is covered
or placed in operation. Failure to do so could result in the responsible
party being required to uncover the disposal system for inspection
by the appropriate health officer or officers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It is unlawful to make any connection with any City sewer without
first having obtained a permit therefor. Applications for such permits
shall be made to the City Clerk on forms furnished by the City and
shall be accompanied by a statement as to the purpose of such connection,
the premises to be served and the specifications of such pipe to be
connected and the drain from house to sewer pipe. Such applications
shall be referred to the Plumbing Inspector; and no such permit shall
be issued unless he shall have found that the Code of the City would
be complied with by the making of such connection.
The fees for such permits shall be as may be prescribed by City
ordinance or resolution from time to time.
Rates and charges shall be as adopted by the City Council by
ordinance now in effect or as may be amended in the future.
Floor drains in garages shall be connected with the storm sewage
system; such drains shall have intercepting mud or grease traps adequate
to prevent the flow of mud or grease into the sewer system.
It is unlawful for any person to permit any gasoline, benzene
or other volatile liquid to flow into any public sewer in the City;
or to permit any material which might injure any part of the sanitary
sewer system to flow into it.
All private sewers from the public sewer to the property line
shall have an interior diameter of not less than six inches and inside
the property line not less than four inches and shall be constructed
of the best quality vitrified salt-glazed sewer pipe, with socket
joints, made watertight with Portland cement mortar. Every joint shall
be cemented with mortar composed of one part of Portland cement and
two parts of sand, and shall be dragged or swabbed while being laid
so as to leave smooth and free from obstruction. Such private sewer
shall be laid to the line and grade, and the inclination, where practicable,
shall be not less than two feet to 100 feet. Private sewers shall,
wherever possible, be connected with the public sewer at wye junctions
provided; but if necessary to break into a public sewer, a joint must
be taken out and a new joint wye junction inserted.
All water pipes, service pipes, sewers, drains or other improvements
or fixtures which may be encountered in making any excavation with
any street or alley shall be protected against damage by reason of
such excavation; and if any such damage shall result therefrom, the
party to whom the permit to make such excavation was issued shall
fully restore and repair the same.
It is unlawful for any person, firm or corporation to drain
rainwater, roof drains, or surface water into a City sanitary sewer
system.
Drains from cellars or basement floors may be connected with
the public sewer system, if the same shall be properly trapped. The
trap for cellar drains must have a seal of not less than six inches
and must be kept primed. In case there is a danger of backwater from
the sewer, a backwater waste trap shall be used.
No steam exhaust blow-off or drip pipe shall connect with any
house drain or sewer directly. Such pipe must discharge into a tank,
basin or other condenser from which a suitable outlet to the public
sewer may be provided, and it shall be unlawful for any person, firm
or corporation to discharge water of a higher temperature than 120°
F. into any public sewer in the City.
No garbage, butcher's offal, dead animals, tin cans, fruits, vegetables, leaves, grass, ashes or any other articles or things whatsoever calculated to obstruct or likely to interfere with the efficient operation of the public sewer system shall be placed or deposited in any drain, sewer or manhole, and any person, firm or corporation who or which shall violate the provisions of this Part 3, or who or which shall injure, break, remove or damage any catch basin, manhole, lampholes, private or public drain or sewer, or any part of the public sewer system of the City shall be subject to penalties hereinafter prescribed.
The sanitary sewer system of the City is designed to carry off
all liquid house wastes and it is unlawful for any person, firm or
corporation to hereafter connect or cause to be connected any stormwater
sewer with any such sanitary sewer or any part thereof, or to connect
any such sanitary sewer with any stormwater sewer, or any part thereof,
or to lead, conduct or carry or cause, suffer or permit to be held,
conducted or carried, any such stormwater or surface drainage into
or through any such sanitary sewer or any sanitary sewage into or
through any stormwater sewer or to connect or cause to be connected,
in whole or in part, any such sanitary sewer or stormwater sewer.
It is unlawful to construct or permit the construction of any
stormwater drain which discharges water onto any sidewalk in the City,
and it is unlawful to construct or permit the maintenance of any such
drain which discharges into any public street or alley at a height
greater than 18 inches above the ground or pavement.
It is unlawful to permit any sanitary sewage to flow into any
storm sewer or any storm sewer to flow into any sanitary sewer.
A.
Charges for sewer service shall be a lien upon the premises as provided
by statute. Whenever a bill for sewer service remains unpaid 60 days
after it has been rendered, the City Clerk shall file with the county
Recorder of Deeds in the county in which such real estate is located
a sworn statement of lien claim. This statement shall contain the
legal description of the premises served, the amount of the unpaid
bill, the date when such amount became delinquent, 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.
B.
If the sewer service customer whose bill is unpaid is not the owner
of the premises, and the City Clerk has notice of this, notice shall
be mailed to the owner of the premises, if his address is known to
the Clerk, whenever such bill remains unpaid for a period of 60 days
after it has been rendered.
A.
Property subject to a lien for unpaid sewer service 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 in the case
of the foreclosure of statutory liens. Such foreclosure shall be by
bill in equity in the name of the City.
B.
The City Attorney is 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 for sewer service
has remained unpaid 60 days after it has been rendered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation violating any provision of this
Part 3 shall be fined not less than $25 nor more than $750 for each
offense; and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
[Amended 6-3-2013 by Ord.
No. 3041; 9-6-2016 by Ord. No. 3281]
A.
The
rates and charges for the use and service of the sanitary sewerage
system of the City are established. Such charges and rates shall be
made against each lot, parcel of land, or premises which may have
an active sewer connection with the sanitary sewerage system of the
City, or which may otherwise discharge sewage or industrial wastewater
either directly or indirectly into the sewerage system or any part
thereof and shall be in the amount and for the term to be set by City
ordinance from time to time.
B.
Every
user receiving City sanitary sewer services, whether located within
or outside of the corporate limits of the City, shall pay a monthly
user charge calculated by adding a fixed administrative charge to
a hydraulic unit charge. The hydraulic unit charge for residential
customers is computed by multiplying the hydraulic unit charge rate
by the average monthly water usage amount (in gallons) established
by averaging the water usage meter reading totals for each respective
account for the months of February, March and April; once calculated,
each account's average monthly water usage amount (in gallons) will
be used to calculate the monthly hydraulic unit charge for that account
until the following calendar year, when a new average monthly water
usage amount (in gallons) will be established using the water usage
meter reading totals for the months of February, March and April of
that year. Residents with an average water usage of less than 1,000
gallons of water/month for meter readings taken during the average
water usage establishing months of February, March and April will
be charged a hydraulic unit charge based on 2,000 gallons of water
usage per month. New residents will be billed at 2,000 gallons of
water usage per month until they are able to establish a three-month
water usage average during the meter reading months of February, March
and April. The water usage averaging described above is for residential
customers only; the monthly hydraulic unit charge for commercial and
industrial customers is computed by multiplying the hydraulic unit
charge rate by each respective business's actual water usage (in gallons)
for that month.
C.
The
fixed administrative charge and the hydraulic unit charge shall be
in the amount and for the term to be set by City ordinance from time
to time. A separate fixed administrative charge shall be assessed
for each business operated within a commercial building or property,
each room designated for lodging within a hotel or motel, and each
domiciliary unit located within a unit or property designed to provide
institutional or group-type housing (including nursing homes, shelter
care facilities, and retirement homes).
If any lot, parcel of land or premises which discharges sewage
or industrial waste into the sanitary sewerage system, either directly
or indirectly, obtains part or all of the water used thereon from
sources other than the City water mains, and the water so obtained
is not measured by a water meter or is measured by a water meter which
is not acceptable to the City Council, then in such case, the City
shall permit the discharge of sewage or industrial waste into its
sanitary sewerage system only when the owner of such lot, parcel of
land or premises or some other interested party shall, at his expense,
install and maintain a water meter which shall be satisfactory to
the City Council. Such water meters shall be installed so as to measure
all water received on such lot, parcel of land or premises, and the
charges and rates shall be based upon the aggregate quantity of water
received as measured by all such meters.
[Amended 1997 by Ord. No. 1604]
If: 1) a lot, parcel of land or premises discharges sewage or
industrial waste into the sanitary sewerage system, either directly
or indirectly; and 2) the amount of water is such that the rate or
charge will be in excess of the minimum monthly bill therefor; and
3) if it can be shown to be satisfactory to the City Council that
the portion of the water measured by the water meter or meters does
not and cannot enter the sanitary sewerage system; then, and in that
event, the City Council is authorized to require or to permit the
installation of other or additional approved meters in such a manner
that the quantity of water which actually enters the sanitary sewerage
system may be determined. In that case, the charges or rates shall
be based upon the amount of water so shown actually to enter the sanitary
sewerage system. Charges and rates determined as provided in this
section shall not be less than the minimum rate established by City
ordinance from time to time herein for each meter, and the amount
to be paid in any month shall not be less than the aggregate of the
minimum bill established for all meters used to measure the water
received for such lot, parcel of land or premises.
For any lot, parcel of land or premises from which connection
is made with the City sanitary sewerage system, or which begins to
discharge sewage or industrial waste into the City sewerage system,
either directly or indirectly, after this Part 3 becomes effective,
the charges and rates for the first payment period after the beginning
date of sewage discharge into the City sewerage system shall be based
upon the per-diem pro-rata amount of the established minimum charge
per month or shall be based upon the water consumed at the established
rates, whichever is the larger.
[Amended 12-15-2014 by Ord. No. 3153]
If any payment of any bill for the use of the sewerage system
shall not be made on or before the 15th day of the month following
the period for which such services are rendered, a delayed payment
charge in the amount of 5% of the amount of the bill rendered shall
be imposed and collected as part of the monthly charge for sewer services.
The 5% delayed payment charge will only apply to the unpaid balance
for water service charges and shall not include or be applied to the
amount of any accrued interest.
Sewerage services shall be deemed to be furnished to both the
occupant and owner of the premises receiving such services and shall
be deemed an obligation of both the occupant and owner of any premises.
Bills for the charges and rates shall be made out by the City
Clerk. The time of making such bills and the period to be covered
thereby shall be in accordance with the water meter reading practices
of the City, for all lots, parcels of land and premises with respect
to which such meter readings are used as a basis for the charges or
rates. In all cases, bills shall be made out monthly. All rates and
charges shall be payable at the office of the City Collector and shall
be collected by the City Collector.
All revenues derived from the operation of the sewerage system
shall be set aside as collected and deposited in a special fund, separate
and apart from all other funds of the City. Such revenues shall be
used only for the purpose of paying the cost of operating, maintaining,
extending and improving the sewerage system, providing an adequate
depreciation fund and paying the principal of and interest on any
sewerage revenue bonds which may be issued by the City under the provisions
of Article 60 of the Revised Cities and Villages Act. When such revenue
bonds shall be issued, then the disposition of the revenue of the
sewerage system shall be further governed by the terms of the ordinance
which shall authorize such bonds.
The City Treasurer shall install and maintain a proper system
of accounting, showing the amount of revenue received from the sewerage
system and the application of that revenue, and such account shall
be audited properly at least once a year. The keeping of such records
and the audit thereof shall be further governed by the provisions
of any ordinance which may hereafter be adopted authorizing the issuance
of bonds payable from the revenues of the sewerage system.
Bills for the usage of sewerage services shall be rendered monthly
and all water meters shall be read monthly where such meter readings
are used as a basis for the charges and rates. If payment of any bill
for the usage of sewerage services is not made on or before the 15th
day of the month following the period for which such services are
rendered, a delayed payment charge in the amount of 5% of the amount
of the bill rendered shall be imposed and shall be collected as part
of the monthly charge for usage of sewerage services. If such bills
for the usage of sewerage services are not paid by the 15th day of
the month subsequent to their rendition, such charges shall be deemed
and are hereby declared to be delinquent and shall thereafter be considered
the same as a delinquent water bill and shall be handled in a similar
manner as now provided for collection of such delinquent water bill.
If the charges and rates for the usage and services of the sewerage system
are not paid within 60 days after the rendition of the bill therefor,
such charges shall be deemed and are hereby declared to be delinquent
and shall thereafter constitute liens upon the real estate for which
usage and sewerage services are supplied. The City Treasurer shall
promptly, after the expiration of such 60 days, file a notice of such
lien in the county Recorder of Deeds office. This notice shall consist
of a sworn statement of the Treasurer, setting out:
The Illinois Environmental Protection Agency or its authorized
representative 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 state
grant.
