Unlawful deposition of wastes.
Chapter 23 – Wastewater Treatment, Industrial Pretreatment and Sewers
Section 23-03. Unlawful deposition of wastes . [back to top]
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 Village of Addison or in any area under the jurisdiction of said Village, any human or animal excrement, garbage or other objectionable waste.
Section 23-04. Unlawful Discharge of Wastes - Storm Sewer Prohibitions . [back to top]
It shall be unlawful to discharge to any natural outlet, watercourse or municipal separate storm sewer system (MS4) within the Village of Addison, or in any area under the jurisdiction of said Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter and/or provisions as outlined in the National Pollutant Discharge Elimination System (NPDES) requirements.
Storm sewer discharges that violate the General Effluent Standards outlined in Illinois Title 35, Subtitle C, Chapter 1, Part 304, or the General Use Water Quality Standards in Part 302 shall be deemed a violation to this Chapter, and subject to enforcement and penalties as outlined in Sec. 23-34 and 23-35 herein.
The following non-storm water discharges to the separate storm sewer system are allowed, provided they do not cause an adverse effect on local water quality: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, street wash water, discharges resulting from fire fighting or other emergency activities to protect public health and safety, and discharges associated with dye testing.
Section 23-05. Unlawful construction of sewage facilities. [back to top]
Except as hereinafter provided, it shall be unlawful to construct any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
Section 23-06. Mandatory sewer hook�€‘up. [back to top]
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Village 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 sewer of the Village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in a manner approved by the Village of Addison within ninety (90) days after the official notice to do so, provided that said public sewer is within two hundred feet (200') (61 meters) of the property line.
Section 23-07. Private disposal systems prohibited. [back to top]
Except as hereinafter provided it shall be unlawful to construct or maintain within the Village any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
Section 23-08. Private disposal systems. [back to top]
Where a public sanitary sewer is not available as provided for in Section 23-06 the building sewer shall be connected to a private sewage disposal system, complying with the requirements of the DuPage County Health Department, State Department of Public Health and Environmental Protection Act.
(A) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 23-06, a direct connection shall be made to the public sewer in compliance with this Chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned. The building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bankrun gravel or dirt compacted and maintained in a safe condition.
(B) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.
(C) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the village.
Section 23-09. Building Sewer and Connection Permit Required. [back to top]
It shall be unlawful to make any connection with the village sanitary or storm system without having first obtained a permit therefore. Application for such permits shall be made to the Village of Addison and shall be accompanied by a statement as to the purpose of the connection, the premises to be served, the specifications of the pipe to be connected and of the drain from the house to the sewer line. Such applications shall be referred to the sewer committee and no permit shall be issued unless they shall have found that the ordinances of the village would be complied with in the making of such connection.
All disposals by any person into the sewer system are unlawful except those discharges in compliance with federal standards promulgated pursuant to the federal act and more stringent state and local standards.
There shall be three (3) classes of building sewer permits.
(a) For residential services,
(b) For commercial services, wastes.
(c) For service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a special form furnished by the village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Village of Addison. Inspection fees as stated in the Addison Building Code shall be paid to the Village of Addison at the time the permit is issued. This inspection fee is in addition to the sewer connection permit fee and also in addition to user fees the provisions of which are detailed in subsequent sections of this Chapter. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.
All inspections shall be made during normal working hours.
Each excavation for any of the above purposes shall require a separate permit.
The fee for each connection permit (tap-on fee) shall be in the amount set by the Village Board. Such permit shall not be issued until payment has been made to the Village of the fees outlined in said ordinance for each building to be served by means of such connection, and it shall be unlawful to extend the sewer lateral to be so connected, to serve additional buildings without payment to the Village of an additional sewer connection fee for each such additional building.
Any person who makes any excavation, or does any other work without first obtaining a permit is in violation of Section 6-201.1 of the Addison Building Code. Each day shall constitute a separate offense.
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 sanitary sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately handle the additional anticipated waste load.
Section 23-10. Cost borne by owner [back to top]
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village for any loss of damage that may directly or indirectly be occasioned by the installation of the building sewer.
(A) Emergency repairs. The Village may, in case of emergency, repair or order the repair of any sewer lateral or sewer pipe from the Village sewer main to the premises served thereby, and, if it does so, the cost of such repair work shall be repaid to the Village by the owner of the premises served, which cost shall be treated and collected in the same manner and with the same remedies as for collection of charges for sewer services.
(B) Repairs by sewer department. Any maintenance or repair work performed by the sewer department of the Village on any sanitary sewer lateral, shall be paid for by the owner or the occupant (both of whom shall be liable for the cost thereof) of the property served by such lateral at the currently going rate published by the president and board of trustees.
(C) Sewer service lines. It shall be the responsibility of the property owners to maintain all sewer service lines between the dedicated right-of-way or Village easement for utility services and the building.
Section 23-11. Prohibited connections. [back to top]
A separate and independent building sewer shall be provided for every building; except where one building stands for 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 considered as one building sewer. In no case shall any person be permitted to maintain, without the consent of the approving authority, any sewer connection connecting a building owned by him to the public sewer across or under the property of another.
Old building sewers may be used in connection with new building only when they are found, on examination and test by the Director, Public Works, or designee, to meet all requirements of this Chapter.
No connection permit will be required for the removal of stoppage in waste pipes, or for replacing broken or old sewer lines, provided such sewer lines conform to the regulations contained in the section.
Section 23-12. Building sewer, materials. [back to top]
The methods and materials to be used in excavation, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Village
(A) Connection, how made: Approved types of service connections shall be one of the following:
Type 1. Vitrified clay wye branches installed in the main sewer at the time of construction. Connections to existing wye branches shall be made with an approved type of joint material of the bituminous type or an approved compression coupling. The connection shall be completely watertight. No connection shall be allowed to any damaged wye branch. If damage occurs during the making of the connection, the wye branch shall be taken out of the main sewer by the plumber and replaced either by another undamaged wye or by straight vitrified clay pipe. If straight pipe is used in the replacement, type 2 connection methods shall be used. Concrete encasement of the wye branch, connection joint, or any other part of the connection shall not be deemed watertight and shall not be allowed as a method of repairing a damaged joint.
Type 2. Connections of the saddle type installed in the main sewer. Connections of this type shall be made in a smooth, round hole, machine-drilled into the main pipe. The fitting used in the connection shall be made in such a manner as to insure that no protrusion of the fitting into the main sewer pipe shall result. The connector shall fit perfectly the contour of the inside of the sanitary sewer and shall be specifically designed to fit the particular size main sewer pipe into which the connection is made. The machine-drilled hole shall be of such size to provide one-eighth inch (1/8") clearance between the outside of the fitting and the hole. The space thus provided shall be completely filled with joint material. The space between the shoulder of the fitting and the face of the main sewer pipe shall be one-eighth inch (1/8") thick and this space shall also be completely filled with joint material.
The joint material used for the type 2 service connection shall be completely waterproof and shall be capable of withstanding any condition of stress or strain likely to be encountered in normal sanitary sewer construction or maintenance. Concrete encasement will not be considered waterproof.
The fitting shall be manufactured of either cast aluminum alloy, cast iron or vitrified clay pipe and shall be capable of receiving all normally used type of pipe for service connections.
The type 2 fitting and drilling machine herein described shall be of the type manufactured by Smith & Loveless, Division-Union Tank Car Co., Lenexa, Kansas, or the approved equal. Tapping and connection shall be made in the presence of an authorized village inspector.
Type 1 and 2 connectors, when and where used: Type 1 connections maybe used in existing sanitary sewers when wye branches previously installed are readily and conveniently available. If existing wye branches cannot be found readily or are not located properly for providing the needed service, type 2 connections may be made. When new sanitary sewers are constructed type 1 connections may be made in cases where the connection is made during construction and before backfilling of the sanitary main sewer trench.
Type 2 connections shall be made in all cases where services are installed subsequent to construction and backfilling operations. No wye branches shall be installed and covered up for future use, except when excessive depth, new subdivision design or other unusual conditions exist, and then only with prior approval of the Community Development Director and the board of trustees.
(B) The size, slope alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall be in conformance to the requirements of the village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications materials and procedures set forth in appropriate specifications of the A.S.T.M. and WEF Manual of Practice No. 9 shall apply.
(C) 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 an approved means and discharged to the building sewer.
(D) No person shall make connection of roof downspouts, exterior foundation drains, area-way drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn connected directly or indirectly to a public sanitary sewer.
(E) The applicant for the building sewer permit shall notify the Community Development Director when the building sewer is ready for inspection and connection to the public sewer. Each and every part of a sewer connection shall be inspected and approved by the Community Development Director or his representative before being concealed or backfilled.
(F) Any person filling in an excavation without having first received the written approval of the sewer or building inspector as provided in this chapter, shall, in addition to suffering the fine herein imposed, expose the sewer for inspection by the Community Development Director or building inspector at no cost to the village. In any case where the inspector finds work on any sewer not done in a satisfactory manner as herein provided, he shall serve written notice on the person to whom the permit is issued, stating wherein such work is deficient, and ordering said person to remedy such defect within twenty-four (24) hours. In the event such person fails to comply therewith, the inspector shall cause such defect to be corrected at the expense of the person to whom the permit was issued. It shall be the duty of the inspector to inspect any sewer connection or sewer pipe within the village. It shall also be the duty of said inspector to inform the approving authority of any violation of this article and to assist in the prosecution of offenders.
All excavations for building sewer installation shall comply with the provisions of this code relating to excavation in streets and shall be adequately guarded with barricades and lights 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 a manner satisfactory to the village.
Section 23-13. Grease, oil and sand interceptors. [back to top]
Grease, oil and sand interceptors shall be required and/or provided when, in the opinion of the Village, they are necessary for the proper handling of liquid wastes containing grease, oil and/or fats in amounts in excess of discharge limits set forth in Section 23-32d., of this Chapter, 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 Village of Addison and shall be located as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, when bolted in place, shall be gas tight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
Section 23-14. Predischarge facilities maintenance. [back to top]
Where preliminary treatment or flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
Section 23-15. Inspection of easements. [back to top]
The Director of Public Works and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the 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.
Section 23-16. Wastewater service charges [back to top]
The user charge system as hereinafter set forth has been developed from data outlined in the report of Pavia�€‘Marting and Company, Consulting Engineers, Roselle, Illinois, dated February, 1978 and updated 1990, 1992, entitled "User Charge and Industrial Cost Recovery System", said report being incorporated herein by reference and which shall constitute the basis for determining industrial and domestic user charges.
Section 23-17. Basis for Wastewater service charges. [back to top]
The wastewater service charges for the use of and for the service supplied by the wastewater facilities of the Village of Addison shall consist of basic user charge to pay fixed expenses of the cost of operation, maintenance and replacement of the system; a basic user rate to pay variable expenses of said operation and maintenance expense, and debt service charge to pay principal and interest of outstanding revenue bonds issued for sewer construction purposes.
Section 23-18. Measure of flow. [back to top]
The volume of flow used for computing basic user charges shall be the metered water consumption read to the lowest even increments of one thousand (1,000) gallons. Surcharges may be computed using actual measured discharge flows upon written approval by the Director of the POTW, or by the use of the metered water consumption.
(A) If the persons or other dischargers (industrial, commercial, etc.) discharging wastes into the public sewers procure and part, or all, of their water from sources other that the public waterworks system, all or part of which is discharges into the public sewers, the discharger shall, if directed by the Village of Addison, install and maintain, at his expense, water meters of a type approved by the village for the purpose of determining the volume of water obtained from these other sources.
(B) Devices for measuring the volume of waste discharged may be required by the village if these volumes cannot otherwise be determined from the metered water consumption records, or as a special requirement of an Industrial Pretreatment Permit as outlined in Chapter 23, Section 23-33.
(C) 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 without the consent of the superintendent.
Section 23-19. User Charges. [back to top]
There shall be and there is hereby established a basic user charge and a basic sewerage user rate per thousand gallons for the use of and for service supplied by the wastewater facilities of the Village of Addison to be applied to each single metered or multiple unit served. The specific rates are set forth in Chapter 20, Section 20-58, and said rates, as now existing or hereafter amended, are incorporated by reference herein.
Section 23-20. Surcharge rate. [back to top]
In the event use of the wastewater facilities by nonresidential users is determined by the Village to include wastes in addition to average strength domestic waste, the user shall pay a surcharge cost in addition to the debt service charge, the basic user charge and the basic user rate.
The rates of surcharge for BOD5, SS, and NH3-N shall be as follows:
Section 23-21. Computation of surcharge . [back to top]
The surcharge per user shall be computed by the following formula:
S = V (0.00834) [A(BOD5-200) + B(SS-220) + C(NH3-N)-15]
The concentration of wastes discharged in excess of average strength wastes shall be used for computing surcharges and shall be established by sewage flow metering and waste sampling. Waste sampling and testing by an approved laboratory shall be completed by the discharger as often as may be deemed necessary by the Director of Public Works and/or Industrial Pretreatment Permit requirements and shall be binding as a basis for surcharge.
Sec. 23-22. Computation of wastewater service charge . [back to top]
Section 23-23. General provisions bills. [back to top]
Said rates for wastewater surcharges shall be payable quarterly. 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 Village of Addison only upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefore to the Village of Addison.
All sewer bills are due and payable twenty one (21) days after billing date. A penalty of ten percent (10%) shall be added to all bills where payment is not received within the twenty one (21) day payment period.
Section 23-24. Delinquent bills. [back to top]
If the charge for such services is not paid by the due date (i.e. within twenty-one (21) days after billing date), the account will be delinquent. If the account remains delinquent after an additional nineteen (19) days which includes the final notice period, all water and wastewater services shall be discontinued in the manner provided by Sec. 20-64 of this Code and shall not be reinstated until all claims are settled.
Sec. 23-25. Lien-Notice of Delinquency.. [back to top]
Delinquent water or sewer charges shall be a lien on the premises, as provided by law. Whenever a statement for sewer service remains unpaid for bi-monthly service twenty six (26) days after it has been rendered, the Village may file with the Recorder of Deeds of DuPage County a notice of the lien claim. This notice shall contain the legal description of the premises served, the amount of the unpaid statement, and an assertion that the Village claims a lien for this amount as well as for the amount of all charges subsequent to the period covered by this statement.
If the consumer or user whose statement is unpaid is not the owner of the premises in question, the Village Clerk shall send to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number, (a) a copy of each delinquency notice sent to the person who is delinquent in paying the charges or rates or other notice sufficient to inform the owner or owners of record, as referenced by the taxpayer's identification number, that the charges or rates have become delinquent and (b) a notice that unpaid charges or rates may create a lien on the real estate under this Section.
The notice of lien shall consist of a sworn statement setting out (a) a description of such real estate sufficient for the identification thereof, (b) the amount of money due for such service, and (c) the date when such amount became delinquent. The Village Clerk shall send a copy of the notice of the lien to the owner or owners of record of the real estate, as referenced by the taxpayer's identification number. The Village has the power to foreclose this lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate.
The Village also has the power, from time to time, to sue the occupant or user of the real estate in a civil action to recover the money due for services rendered, plus a reasonable attorney's fee, to be fixed by the court. Whenever a judgment is entered in such a civil action, the foregoing provisions in this section with respect to filing sworn statements of such delinquencies in the office of the recorder and creating a lien against the real estate shall not be effective thereafter as to charge sued upon and no lien shall exist thereafter against the real estate for the delinquency. Judgment in such a civil action operates as a release and waiver of the lien for the amount of the judgment.
Section 23-26. Foreclosure of lien. [back to top]
Property subject to a lien for unpaid charges shall be sold for non�€‘payment of the same, and the proceeds of the sale shall be applied to the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the Village of Addison. The Village Attorney is hereby authorized and directed to institute such proceedings in the name of the Village of Addison in any court having jurisdiction over such matters against any property for which the bill has remained unpaid forty (40) days in the case of a bi-monthly bill after billing date.
Section 23-27. Revenues [back to top]
All revenues and monies delved from the operation of the sewerage system shall be deposited in the sewerage account of the combined waterworks and sewerage fund. All such revenues and monies shall be held by the Village Treasurer separate and apart from his private funds and separate and apart from all other funds of the Village of Addison and all of said sum, without any deductions whatever, shall be delivered to the Village Treasurer not more than ten (10) days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the president and board of trustees.
The Village Treasurer shall receive all such revenues from the sewerage system and all other funds and monies incident to the operation of such system as the same may be delivered to him and deposit the same in the account of the fund designated as the water works and sewerage fund of the Village of Addison. Said treasurer shall administer such fund in every respect in the manner provided by statute of the "Revised Cities and Villages Act", effective January, 1942. Revenues generated by the user charge system shall be set aside in a separate account and applied towards the payment of operation, maintenance and replacement expenses of the treatment works.
Section 23-28. Accounts [back to top]
The Village Treasurer shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books and show the receipts and disbursements of the sewerage system.
In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that wastewater service charges and capital amounts required to be recovered under the industrial cost recovery system do in fact meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following:
(a) Flow data showing total gallons received at the wastewater plant for the current fiscal year.
(b) Billing data to show total number of gallons billed.
(c) Debt service for the next succeeding fiscal year.
(d) Number of users connected to the system.
(e) Number of non-metered users.
(f) A list of users discharging non-domestic wastes (industrial users) and volume and strength of waste discharged.
Section 23-29. Notice of rates [back to top]
The users of the wastewater treatment services will be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which is attributable to the wastewater operation, maintenance and replacement. In addition, a copy of this article, properly certified by the Village Treasurer, shall be filed in the office of the recorder of deeds of DuPage County and shall be deemed notice to all users of the sewerage system of the charges of the system of said Village on their properties.
Section 23-30. Access to records [back to top]
The United States Environmental Protection Agency and the Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the Village of Addison which are applicable to the Village system of user charges or industrial cost recovery for the purpose of making audit, examinations, excerpts and transcriptions thereof to insure compliance with the terms of the special and general conditions to any federal grant or loan agreement and rules of any state loan.
Section 23-31. Sale of treated effluent [back to top]
The Director of Public Works is hereby authorized to sell treated effluent generated by the Villages wastewater treatment plant. The charge for such treated effluent shall be two Dollars ($2.00) per one thousand (1,000) gallons; provided, however, all purchasers of treated effluent shall execute a hold harmless agreement which shall indemnify the Village from any legal actions in connection with the use of said treated effluent. (Ord. 89-56)
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