[Adopted 9-20-2021 by Ord. No. 21-27]
As used in this article, the following terms shall have the meanings indicated:
ABANDONED LINE
A water transmission line is deemed to be abandoned, in the case of a line that is subject to federal, state or local permitting, when the permit expires, or is terminated or not renewed; and in all other cases, when the water line is not used for its intended purpose for a period of 12 months; unless such time is extended in writing by the Village Engineer.
WATER TRANSMISSION LINE
Includes all underground pipes, tunnels, channels and conveyance systems without limitation, regardless of manner or materials used in construction, which conveys any form of fluid that is water-based, for any purpose, including, without limitation, drinking water, sanitary sewerage, and stormwater, whether pretreated or post-treated, whether operated by gravity or force main or any other means.
[Amended 8-8-2022 by Ord. No. 22-20]
No owner of a water transmission line 12 inches or greater in diameter shall abandon the transmission line unless the transmission line has been removed or filled as required by this article, unless an alternative abandonment plan is approved by the Village Board.
[Amended 8-8-2022 by Ord. No. 22-20]
The owner of a water transmission line 12 inches or greater in diameter, prior to abandoning the line in place, shall submit a plan for filling the line with slurry to the Village Engineer for approval, unless an alternative plan is approved by the Village Board under § 234-18. No line shall be abandoned until the Village Engineer has approved the plan for filling the line, unless an alternative abandonment plan is approved by the Village Board under § 234-18.
[Amended 8-8-2022 by Ord. No. 22-20]
Upon approval of the Village Engineer, the line shall be filled per the approved plan prior to the line being abandoned, unless an alternative abandonment plan is approved by the Village Board. The abandonment of a water transmission line 12 inches in diameter or greater in violation of this article shall constitute a nuisance pursuant to Article I of Chapter 234 of this Code.
In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
Any person who shall violate any provision of this article, or any regulation, rule or order made hereunder, or permit or cause a public nuisance, in addition to and not in lieu of the penalties described in this article, shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Code.