CHAPTER 52

SEWERS, DRAINS, AND SEWAGE DISPOSAL

 

General Provisions 52.001  Definitions 52.002  Depositing objectionable waste on public or private property 52.003  Discharge of polluted waters to natural outlets 52.004  Privies, septic tanks, and other facilities 52.005  Owner's responsibility to install suitable toilet facilities 52.006  Tampering with or damaging city equipment 52.007  Right of entry for purpose of inspection; indemnification; easements on private property 52.008 Sewer contractors; registration; bond Private Sewage Disposal System 52.020  Connecting building sewer to private disposal system 52.021  Written permit to be obtained 52.022  Inspection and approval of installation 52.023  Compliance with State Department of Public Health; recommendations 52.024  Connecting private sewage disposal system to public sewer 52.025  Connecting building sewer to public sewer 52.026 Maintenance of private sewage disposal facilities 52.027 Noninterference with additional requirements Building Sewers and Connections 52.040  Connection permit required 52.041  Sewer connection charge 52.042  Building sewer permits 52.043  Trunk extensions of sewer and water lines; funds 52.044  Costs and expenses of installation and connection of building; indemnification 52.045  Separate building sewer provided for every building sewer 52.046  Use of old building sewers with new buildings 52.047  Elevation and laying of building sewer; alignment 52.048  Pipe and joint specifications 52.049  Size and slope 52.050  Gravity flow of building drain to public sewer 52.051  Sources of surface runoff or groundwater 52.052  Excavations 52.053  Location of connection 52.054  Inspection of connection to public sewer 52.055  Limitation on new connections

Use of Public Sewers 52.065  Discharge of stormwater and other unpolluted drainage 52.066  Prohibited discharges to public sewers 52.067  Discharge of certain wastes restricted 52.068  Admission of certain waters or wastes subject to review; pretreatment facilities 52.069  Pretreatment or equalization of waste flows 52.070  Grease, oil, and sand interceptors 52.071  Pretreatment or flowequalizing facilities maintained operable at owner's expense 52.072  Control manhole; measurements, tests, and analyses 52.073  Industrial wastes; special agreement 52.074  Discharging waste water into storm sewers             prohibited Sewer Charge System 52.100  Definitions 52.101  User classes; sewer rates and charges 52.102  Deleted, Ord. 2935 52.103     Base user charge; calculation of rate 52.104     Commercial and industrial use surcharge 52.105  Users outside city to pay service surcharge 52.106  Review of rates 52.107  Measurement of flow 52.108  Billings 52.109  Foreclosure of lien 52.110  Establishment of system accounts 52.111  Access to records 52.112  Disposition of revenues 52.113  Notice of rates 52.114 Use of sewer service by qualified senior citizens 52.115 Totally and permanently disabled citizen qualifications 52.116 Circuit breaker program qualifications Violations 52.125  Notice of violation 52.126    Liabiliity 52.999  Penalty  Crossreference:             Department of Public Works,              see §§ 32.195 and 32.196

 

GENERAL PROVISIONS

 

§ 52.001  DEFINITIONS.

 

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ACT. The Federal Water Pollution Control Act, as amended, 33 U.S.C. et seq.

 

ADMINISTRATOR. The Administrator of the U.S. Environmental Protection Agency.

 

BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) C., expressed in milligrams per liter.

 

BUILDING DRAIN. That part of the lowest horizontal 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, beginning five (5) feet outside the inner face of the building wall.

 

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

 

CITY, WITHIN THE.  All territory within the perimeter of the city boundaries.

 

COMBINED SEWER. A sewer receiving both surface runoff and sewage.

 

COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria., plus additional pollutants identified in the NPDES permit.

 

DIRECTOR. The chief administrative officer of a state water pollution control agency or interstate agency. In the event responsibility for water pollution control and enforcement is divided among two or more state or interstate agencies, the term DIRECTOR means the administrative officer authorized to perform the particular procedure to which reference is made.

 

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

 

FEDERAL GRANT. The U.S. or state government participation in the financing of the constructing of treatment works as provided for by Title II Grants for Construction of Treatment Works of the Act.

 

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. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

 

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

 

INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant as defined in this section.

 

INDUSTRIAL USER.  Any user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget as amended and supplemented under the following divisions:

1. Division A:  Agriculture, forestry, and fishing.

2. Division B:   Mining.

3. Division D:  Manufacturing.

4. Division E:  Transportation, communications, electric, gas, and sanitary services.

5. Division I:  Services.

A user in the division listed above may be excluded if it is determined by the Superintendent of Sewage Works that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

INDUSTRIAL WASTES. The wastewater discharges from industrial manufacturing processes, trade, or business as distinct from their employees domestic wastes or waste from sanitary conveniences.

 

MAJOR CONTRIBUTING INDUSTRY.  An industrial user of the publicly-owned treatment works that:

1. Has a flow of twenty seven thousand (27,000) gallons or more per average work day;

2. Has a flow greater than five percent (5%) of the flow carried by the municipal system receiving the waste;

3. Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under section 307 (a) of the Act; or

4. Is found by the permit issuance authority, in connection with the issuance of an 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.

MILLIGRAMS PER LITER. A unit of the concentration of water or wastewater constituent. It is one thousandth (0.001) grams of the constituent in one thousand (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.

 

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

 

NPDES PERMIT. Any permit or equivalent document or requirements issued by the Administrator, or, where appropriate, by the Director, after enactment of the Federal Water Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to Section 402 of the Act.

 

PERSON. Any individual, firm, company, association, society, corporation, or group.

 

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

 

ppm.  Parts per million by weight.

 

POPULATION EQUIVALENT. A term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is one hundred (100) gallons of sewage per day containing 0.17 pounds of BOD and 0.20 pounds of suspended solids. The impact on a treatment works is evaluated as the equivalent of the highest of the three (3) parameters. Impact on a stream is the higher of the BOD and suspended solids parameters.

 

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

 

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 one-half (½) inch in any dimension.

 

PRIVATE SEWER. Any sewer which is not a public sewer.

 

PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

 

RESIDENTIAL OR COMMERCIAL USER or NON-INDUSTRIAL USER. Any user of the treatment works not classified as an industrial user or excluded as an industrial user as provided by this section.

 

SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

 

SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

 

SEWAGE TREATMENT PLANT. Any arrangements of devices and structures used for treating sewage.

 

SEWAGE WORKS. All facilities for collection, pumping, treatment, and disposing of sewage.

 

SEWER. A pipe or conduit for carrying sewage.

 

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 fifteen (15) minutes more than five times the average twenty four (24) hour concentration or flows during normal operation.

 

STORM DRAIN or STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

 

SUPERINTENDENT. The Superintendent of Sewage Works of the city, or his authorized deputy, agent, or representative.

 

SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

 

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.

 

USER CLASS. The type of user either residential, commercial, or industrial as defined by § 52.101(A).

 

WASTEWATER. The spent water of a community. From this standpoint, of course, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

 

WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

 

WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge.

 

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

(Ord. 987, passed 3-16-70)

 

§ 52.002  DEPOSITING OBJECTIONABLE WASTE ON PUBLIC OR PRIVATE PROPERTY.

 

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.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.003  DISCHARGE OF POLLUTED WATERS TO 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.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.004  PRIVIES, SEPTIC TANKS, AND OTHER FACILITIES.

 

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.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.005  OWNER'S RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES.

 

The owners 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 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 ninety (90) days after date of official notice to do so, provided that such public sewer is within one hundred (100) feet of the property line; and provided capacity is available in downstream sewers, lift stations, pumping stations, force mains, and the sewage treatment plant, including pollutant removal capacity for BOD and suspended solids.

 

Notwithstanding the foregoing, however, the City Council may waive such requirement for a particular property to connect to the sanitary sewer system when a property owner shows that a strict application of the terms of this Section imposes upon him practical difficulties or particular hardship. The Council may, in the following instances only make such waiver of the strict application of terms of this Section as are in harmony with its general purpose and intent when the Council is satisfied, under the evidence heard before it, that the ranting of such waiver will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a waiver:

1. To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than fifty percent (50%) of its value, by fire or act of God, or the public enemy.

2. To make a waiver, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions the strict application of any provision of this Section would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general and intent of this Section.

(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77, Am. Ord. 2273, passed 1-22-01)Penalty, see § 52.999

 

§ 52.006  TAMPERING WITH OR DAMAGING CITY EQUIPMENT.

 

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 987, passed 3-16-70)

 

§ 52.007  RIGHT OF ENTRY FOR PURPOSE OF INSPECTION; INDEMNIFICATION; EASEMENTS ON PRIVATE PROPERTY.

1. The City Administrator or his designee and other duly authorized employees of the city bearing proper credentials and identification and representative of the United States or State Environmental Protection Agency 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. The City Administrator or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77)

2. While performing the necessary work on private properties referred to in division (A) of this section, the City Administrator or his designee 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 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 § 52.072.

3. The City Administrator or his designee 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 such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
   (Ord. 987, passed 3-16-70) Penalty, see § 52.999

§ 52.008  SEWER CONTRACTORS; REGISTRATION; BOND.

1. Any person who desires to engage in or who shall hereafter at any time engage in the business of the construction, alteration, or repair of any sewer, sanitary connection, or storm drain within the city shall, before commencing such work, make application to the City Clerk for registration as a sewer contractor, and shall deliver to the Clerk his certificate of bond in the amount of ten thousand dollars ($10,000.00), payable to the city, conditioned that such person shall indemnify and save harmless the city, its officers, and employees, of and from all liability for damages to persons or property by reason of or resulting directly or indirectly from the construction, alteration, maintenance, or repair by such person of any sewer, sanitary connection or storm drain, or any work or act of omission or commission incidental thereto, or in connection therewith; conditioned upon the conformance by such person with all provisions of this code with respect to such work and upon the restoration by such applicant of any street, alley, sidewalk, or pavement disturbed by him, so as to leave the same in as good condition as before the work was commenced. However, any owner or occupant of a single-family residence or duplex building shall not be considered a sewer contractor for the purposes of this section if he personally does all the work involved in the construction, alteration, or repair of the sewer sanitary connection or storm drain.

2. Upon approval of the said bond by the City Council, the Clerk shall forthwith issue to such applicant a certificate of registration to operate as a sewer contractor within the city. Registration shall be valid until April 30 of the year in which issued.

(Ord. 1204, passed 12-30-76) Penalty, see § 52.999

 

PRIVATE SEWAGE DISPOSAL SYSTEM

 

§ 52.020  CONNECTING BUILDING SEWER TO PRIVATE DISPOSAL SYSTEM.

 

Where a public sanitary or combined sewer is not available under the provisions of § 52.005, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.021  WRITTEN PERMIT TO BE OBTAINED.

 

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the City Administrator or his designee. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City Administrator or his designee. A permit and inspection fee as set by City Council from time to time shall be paid to the City Collector at the time the application is filed.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.022  INSPECTION AND APPROVAL OF INSTALLATION.

 

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City Administrator or his designee. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City Administrator or his designee when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty (40) hours of the receipt of notice by the City Administrator or his designee.
(Ord. 987, passed 3-16-70)

 

§ 52.023  COMPLIANCE WITH STATE DEPARTMENT OF PUBLIC HEALTH; RECOMMENDATIONS.

 

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Public Health. 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 a size suitable for installation of an effective system. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.024  CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER.

 

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 52.023, a direct connection shall be made to the public sewer in compliance with this chapter; and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.025  CONNECTING BUILDING SEWER TO PUBLIC SEWER.

 

When a public sewer becomes available, the building sewer shall be connected to such sewer within twenty (20) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.026  MAINTENANCE OF PRIVATE SEWAGE DISPOSAL FACILITIES.

 

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 987, passed 3-16-70)

 

§ 52.027  NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS.

 

No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the health office of the city, or the State.
(Ord. 987, passed 3-16-70)

 

BUILDING SEWERS AND CONNECTIONS

 

§ 52.040  CONNECTION 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 Administrator or his designee.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.041  SEWER CONNECTION CHARGE.

 

Before a property is connected to the city sewer, the corporate authorities shall have the power to collect a fair and reasonable charge for connection to the city sewer system or the combined sewer and water system, in addition to any other fees required, for the construction, expansion and extension of the works of the system, the charge to be known as a connection charge. The funds thus collected shall be used by the municipality for its general corporate purposes with primary application thereof being made for the necessary expansion of the works of the system to meet the requirements of the new users thereof. The City Council shall from time to time establish by resolution the amounts of connection charges.
(Ord. 1188, passed 6-7-76)

 

§ 52.042  BUILDING SEWER PERMITS.

1. There shall be two (2) classes of building sewer permits:

1. For residential and commercial service; and

2. For service to establishments producing industrial wastes.

2. In either case, the owner or his agent shall make application on a special permit furnished by the city. The permit application shall be supplemented by the plans, specifications or other information considered pertinent in the judgment of the City Administrator or his designee.

(Ord. 987, passed 3-16-70)

 

§ 52.043  TRUNK EXTENSIONS OF SEWER AND WATER LINES; FUNDS.

 

Repealed by Ordinance No. 2241, passed 7-17-2000

 

§ 52.044  COSTS AND EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING SEWER; INDEMNIFICATION.

 

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 city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 987, passed 3-16-70)

 

§ 52.045  SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING SEWER.

 

A separate and independent building sewer shall be provided for every building; except 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.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.046  USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.

 

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Administrator or his designee, to meet all requirements of this chapter.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.047  ELEVATION AND LAYING OF BUILDING SEWER; ALIGNMENT.

 

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to any bearing wall if within three (3) feet of any such wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction or grade shall be allowed only when a proper manhole is constructed at the location of the change.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.048  PIPE AND JOINT SPECIFICATIONS.

1. Pipes. The belowground outside building sewer shall be:

1. Ductile iron pipe, CL. 50, mechanical joint or bell and spigot, AWWA C151; or

2. Vitrified clay pipe, extra strength, PVC joints, ASTM C700; or

3. PSM PVC sewer pipe, SDR 35, bell and spigot joints, ASTM D3034; or

4. PSP PVC sewer pipe, SDR 35, bell and spigot joints, ASTM D3033; or

5. ABS sewer pipe, SDR 35, bell and spigot joints, ASTM 2751; or

6. Other suitable material approved by the City Administrator or his designee.

2. Joints and connections. Joints shall be tight and waterproof with gasketed elastomeric joints compatible with the pipe materials specified above. Any part of the building sewer that is located within ten (10) feet horizontally and not eighteen (18) inches below the bottom of a water main or water service pipe shall be constructed of ductile iron or PVC pipe meeting water main standards, with pressure tested mechanical or slip-on joints. If installed in filled unstable ground, the building sewer shall be ductile iron or nonmetallic pipe if laid on a suitable concrete bed or cradle.

Penalty, see § 52.999

 

§ 52.049  SIZE AND SLOPE.

 

The size and slope of the building sewer shall be subject to the approval of the City Administrator or his designee, but in no event shall the diameter be less than six (6) inches. The slope of such six (6) inch pipe shall be not less than one-eighth (1/8) inch per foot. For larger sizes of pipe, the minimum slopes shall be according to all state and local regulations.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.050  GRAVITY FLOW OF BUILDING DRAIN TO PUBLIC SEWER.

 

The applicant for the building sewer permit shall notify the City Administrator or his designee when the building sewer is ready for inspection and connection to the public sewer. The connection In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by artificial means as allowed in Title 77, Chapter I, Subtitle r, Part 890 of the Illinois Administrative Code and discharged to the building sewer. However, no groundwater or surface runoff discharges shall be connected to the building sanitary sewer.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.051  SOURCES OF SURFACE RUNOFF OR GROUNDWATER.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.052  EXCAVATIONS.

1. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Administrator or his designee. Pipe laying and backfill shall be performed in accordance with ASTM specification (C1258T) (or most current ASTM designation) except that no backfill shall be placed until the work has been inspected.

2. All excavations for building sewer installation 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 city, and any other governmental agency affected.

(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.053  LOCATION OF CONNECTION.

 

The connection of the building sewer into the public sewer shall be made at the Y branch, if such branch is available at a suitable location. If the public sewer is twelve (12) inches in diameter or less, and no properly located Y branch is available, the owner shall, at his expense, install a Y branch in the public sewer at the location specified by the City Administrator or his designee. Where the public sewer is greater than twelve (12) inches in diameter, and no properly located Y branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about forty five (45) degrees. A forty five (45) degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer, but no higher than a point one-half (½) the vertical distance between the invert and the crown of the sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the City Administrator or his designee. Manholes shall be constructed at any junction of an eightinch diameter line or larger into a public sewer.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.054  INSPECTION OF CONNECTION TO PUBLIC SEWER.

 

The applicant for the building sewer permit shall notify the City Administrator or his designee when the building  sewer is ready for inspection and connection to the public sewer.  The connection shall be made under the supervision of the City Administrator or his designee.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.055  LIMITATION ON NEW CONNECTIONS.

 

A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewage facilities, including sewers, pump stations, and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.
(Ord. 1228, passed 11-7-77)

 

USE OF PUBLIC SEWERS

 

§ 52.065  DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE.

1. 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 sewer.

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

(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.066  PROHIBITED DISCHARGES TO PUBLIC SEWERS.

 

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, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.

3. Any waters or wastes having a pH lower than five and one-half (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, and the like, either whole or ground by garbage grinders.

5. Any mercury or any of its compounds in excess of 0.0005 milligrams per liter Hg at any time except as may be permitted based on the conditions of Title 35, Subtitle C, Chapter I, Part 307 of the Illinois Administrative Code. A special permit must be obtained from the City Administrator or his designee prior to the discharge of any mercury in excess of 0.0005 milligrams per liter Hg.

6. Any waste containing detectable levels of cyanide at any time except as permitted with the approval of the State Environmental Protection Agency as specified in Title 35, Subtitle C, Chapter I, Part 307 of the Illinois Administrative Code.

(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77) Penalty, see § 52.999

 

§ 52.067  DISCHARGE OF CERTAIN WASTES RESTRICTED.

 

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 City Administrator or his designee 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 City Administrator or his designee 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 other pertinent factors. The substances prohibited are:

1. Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) F. (65°C.).

2. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty two degrees (32°) F. and one hundred fifty degrees (150°) F.  (0 ° and 65 ° C.) .

3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-quarter (3/4) horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the City Administrator or his designee.

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

5. Any waters or wastes containing in excess of the following concentrations and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such materials received in the composite sewage at the treatment works exceed the limits established by the City Administrator or his designee or the current National Pollutant Discharge Elimination System Permit (NPDES) for such materials.

 

Waste or Chemical               Arsenic             Barium               Cadmium             Chromium (Hexavalent)             Chromium (Total)             Copper             Fluoride             Iron (Total)             Lead             Manganese             Nickle             Oil (Hexane soluble or equivalent)             Silver             Zinc             Chlorine Demand             Phenols

Concentration Milligrams Per Liter 0.25 2.0 0.15 0.1 1.0 0.5 15.0 2.0 0.2 1.0 1.0 15.0 0.1 1.0 30.0 0.3

6. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the City Administrator or his designee 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.

7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Administrator or his designee in compliance with applicable state or federal regulations.

8. Any waters or wastes having a pH in excess of nine and one-half (9.5).

9. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers 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 concentration of wastes constituting slugs as defined in § 52.001.

10. 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 a degree that the sewage treatment plant effluent cannot meet the requirements of the current National Pollutant Discharge Elimination System Permit (NPDES) or other agencies having jurisdiction over discharge to the receiving waters.

(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77) Penalty, see § 52.999

 

§ 52.068  ADMISSION OF CERTAIN WATERS OR WASTES SUBJECT TO REVIEW; PRETREATMENT  FACILITIES.

1. The admission into the public sewer of any waters or wastes having any of the following, shall be subject to the review and approval of the City Administrator or his designee:

1. A five (5) day biochemical oxygen demand greater than two hundred (200) parts per million by weight;

2. Containing more than two hundred fifty (250) parts per million by weight of suspended solids;

3. Containing any quantity of substances having the characteristics described in § 52.067; or

4. Having an average daily flow greater than two percent (2%) of the average daily sewage flow of the city's sewer plant.

2. Where necessary, in the opinion of the City Administrator or his designee, the owner shall provide, at his expense, such pretreatment as may be necessary to:

1. Reduce the biochemical oxygen demand to two hundred (200) parts per million and the suspended solids to two hundred fifty (250) parts per million by weight;

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in § 52.067; or

3. Control the quantities and rates of discharge of such waters or wastes.

3. Except as required by this division and § 52.067, pretreatment for removal of compatible pollutants is not required. In addition to the prohibitions set forth in §§ 52.066 and 52.067 the pretreatment standard for incompatible pollutants introduced into a treatment works by a major contributing industry shall be that established by a promulgated effluent limitations guideline defining best practicable control technology currently available pursuant to Sections 301 (b) and 304 (b) of the Act and subsequent rules and regulations as promulgated by the Administrator.

4. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Administrator or his designee and of the State Environmental Protection Agency; and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77) Penalty, see § 52.999

 

§ 52.069  PRETREATMENT OR EQUALIZATION OF WASTE FLOWS.

1. 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 § 52.067, and which in the judgment of the City Administrator or his designee, 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 Administrator or his designee may:

1. Reject the wastes;

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

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

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 52.072(B).

2. If the City Administrator or his designee 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 Administrator or his designee, and subject to the requirements of all applicable codes, ordinances, and laws.

(Ord. 987, passed 3-16-70)

 

§ 52.070  GREASE, OIL, AND SAND INTERCEPTORS.

1. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Administrator or his designee, 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 City Administrator or his designee, and shall be located as to be readily and easily accessible for cleaning and inspection.

2. 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, watertight, and equipped with easily removable covers which when bolted in place shall be gastight 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. 

(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.071  PRETREATMENT OR FLOW-EQUALIZING FACILITIES MAINTAINED OPERABLE AT OWNER'S EXPENSE.

 

Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. 987, passed 3-16-70) Penalty, see § 52.999

 

§ 52.072  CONTROL MANHOLE; MEASUREMENTS, TESTS, AND ANALYSES.

1. When required by the City Administrator or his designee, 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 to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Administrator or his designee. The manhole 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.
   (Ord. 987, passed 3-16-70)

2. Measurements, tests, and analysis.

1. The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of water and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the City Administrator or his designee or regulatory agencies having jurisdiction over the discharge. The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the City Administrator or his designee, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the city at such times and in such manner as prescribed by the City Administrator or his designee. The owner shall bear the expense of all measurements, analyses, and reporting required by the city. At such times as deemed necessary, the City Administrator or his designee reserves the right to take measurements and samples for analysis by an outside laboratory service.

2. 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 Waste and Wastewater, published by the American Public Health Association, and the most current edition of Guidelines Establishing Test Procedures for Analysis of Pollutants as published in 40 CFS, Part 136. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole exists as provided for in division (A) of this section, the control manhole shall be considered to be at the nearest downstream manhole in the public sewer to the point at which the building sewer is connected, provided the Administrator shall be permitted to take samples within the premises of the user, including lagoons, ponds, and other places. 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. (The particular analyses involved will determine whether a twenty four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty four (24) hour composites of all outfalls, whereas pH's are determined from periodic grab samples.)

(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77; Am. Ord. passed 4-16-79) Penalty, see § 52.999

 

§ 52.073  INDUSTRIAL WASTES; SPECIAL AGREEMENT.

 

No statement contained in this subchapter 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 in accordance with the industrial concern.
(Ord. 987, passed 3-16-70; Am. Ord. 1228, passed 11-7-77)

 

§ 52.074  DISCHARGING WASTE WATER INTO STORM SEVERS PROHIBITED.

 

The discharge of sanitary sewers and industrial waste water into any storm sewer operated by the City of Washington is prohibited.
(Ord. 878, passed 4-4-67; Am Ord. 1671, passed 6-3-91) Penalty, see § 52.999

 

SEWER CHARGE SYSTEM

 

§ 52.100  DEFINITIONS.

 

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

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 twenty degrees (20°) C., expressed in milligrams per liter.

 

DEBT SERVICE CHARGE. A charge leveled on users of treatment works for the cost of any bond debt to be paid by revenue generated from the operation of the treatment works.

 

DEPRECIATION. The decrease in the monetary value of an asset with time. Each component of the sewage works shall be assumed to depreciate at a constant rate over its anticipated service life.

 

INDUSTRIAL USER. 

1. Any user of publicly-owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: 

1. Division A. Agriculture, forestry, and fishing.

2. Division B:  Mining.

3. Division D:  Manufacturing.

4. Division E: Transportation, communications, electric, gas, and sanitary services.

5. Division I:  Services.

2. A user in the divisions listed above may be excluded if it is determined by the City Administrator or his designee that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

MILLIGRAMS PER LITER. A unit of the concentration of water or wastewater constituent. It is 0.001 grams of the constituent in one thousand (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.

 

OPERATION AND MAINTENANCE. Those actions, materials, and services necessary for the proper functioning of treatment and collection facilities over their useful life.

 

PERSON. Any individual, firm, company, association, society, corporation, or group.

 

ppm. Parts per million by weight.

 

REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service 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.

 

RESIDENTIAL, COMMERCIAL, or NON-INDUSTRIAL USER. Any user of the treatment works not classed as an industrial user or excluded as an industrial user.

 

SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

 

SEWER. A pipe or conduit for carrying sewage.

 

SEWER RATE A charge for the use of and services supplied by the sewage works of the city. This charge shall consist of a user charge and a debt service charge.

 

SEWER USE ORDINANCE. Sections 52.001 through 52.074 regulating the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; and providing penalties for violations thereof in the city.

 

SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

 

USER CHARGE A charge levied on users of treatment works for the cost of operation and maintenance including replacement.

 

WASTEWATER. The spent water of a community. From this standpoint of course, it may be a combination of the liquid and watercarried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

 

WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

 

WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT, WASTEWATER TREATMENT PLANT, or POLLUTION CONTROL PLANT.

 

WITHIN THE CITY. All of the territory within the perimeter of the city's boundaries. 

(Ord. 1229, passed 11-7-77)

 

§ 52.101  USER CLASSES; SEWER RATES AND CHARGES.

1. For the purposes of determining sewer rates for the use of and service supplied by the sewerage system of the city, users of the system shall be divided into the following user classes:

1. User Class I: Residential and commercial users within the city who are also users of the water services of the city.

2. User Class II: Residential and commercial users within the city who do not use the water services of the city.

3. User Class III: Industrial users within the city.

4. User Class IV: Residential and commercial users outside of the city who are also users of the water system of the city.

5. User Class V: Residential and commercial users outside of the city who do not use the water services of the city.

6. User Class VI: Industrial users outside of the city.

7. User Class VII: Senior citizen users within the city who are also users of water services of the city.

8. User Class VIII: Senior citizen users within the city who do not use the water services of the city.

9. User Class IX: Totally and permanently disabled users within the city who are also users of water services of the city.

10. User Class X: Totally and permanently disabled users within the city who do not use the water services of the city.

11. User Class XI: Illinois Qualified Circuit Breaker Program users, as defined in Section 52.116, within the city who are also users of water services of the city.

12. User Class XII: Illinois Qualified Circuit Breaker Program users, as defined in Section 52.116, within the city who do not use the water services of the city.

(Ord. 1570, passed 1-2-89; Am. Ord. 2520, passed 4-19-04)

2. Sewer rates and charges for each user class:

1. User Class I: The base user charge as defined in §§ 52.102 and 52.103 (A) (1) or (3).

2. User Class II: The base user charge defined in §§ 52.102 and 52.103 (A) (2) or (3).

3. User Class III: The base user charge, plus the industrial surcharge if applicable as defined in §§ 52.102, 52.103 (A) (4), and 52.104.

4. User Class IV: The base user charge plus the service surcharge as defined in §§ 52.102, 52.103 (A)(1) or (3), and 52.105.

5. User Class V: The base user charge plus the service surcharge as defined in §§ 52.102, 52.103 (A) (2),  or (3) and 52.105.

6. User Class VI: The base user charge plus the industrial surcharge if applicable, plus the service surcharge as defined in §§ 52.102, 52.103 (A) (4), 52.104, and 52.105.

7. User Class VII: The base user charge as defined in § 52.103 (A) (5).

8. User Class VIII: The base user charge as defined in § 52.103 (A) (6).

9. User Class IX: The base user charge as defined in § 52.103 (A) (7).

10. User Class X: The base user charge as defined in § 52.103 (A) (8).

11. User Class XI: The base user charge as defined in § 52.103 (A) (9).

12. User Class XII: The base user chare as defined in § 52.103 (A) (10).

(Ord. 1229, passed 11-7-77; Am. Ord. 2463, passed 8-4-03; Am. Ord. 2520, passed 4-19-04)

§ 52.102  Deleted, Ordinance 2935

 

§ 52.103  BASE USER CHARGE; CALCULATION OF RATE.

1. The base user charge shall be defined as follows;

1. For single-family residences in User Classes I and IV, the base user charge shall be six dollars and sixty-two cents ($6.62) per one thousand (1,000) gallons of water used, or where water consumption does not reflect the actual quantity of wastewater tributary to the wastewater treatment works, six dollars and sixty-two cents ($6.62) per one thousand (1,000) gallons of wastewater as recorded in a control manhole or flow measuring device required by §52.072.

2. For single-family residences in User Classes II and V, the base user charge shall be one hundred sixteen dollars and eighty cents ($116.80) per quarter for each connection to the sewerage system of the city for those users who do not have water meters or flow measuring devices. Single‑family residences in User Classes II and V who have water meters or flow measuring devices available, may be charged six dollars and sixty-two cents ($6.62) per one thousand (1,000) gallons.

3. For multi-family residences and commercial establishments in User Classes I, II, IV, and V, the base user charge shall be six dollars and sixty-two cents ($6.62) per one thousand (1,000) gallons of water used.

4. For industrial establishments in User Classes III and VI, the base user charge shall be six dollars and sixty-two cents ($6.62) per one thousand (1,000) gallons of water used, or where water consumption does not reflect the actual quantity of wastewater tributary to the wastewater treatment works, six dollars and sixty-two cents ($6.62) per one thousand (1,000) gallons of wastewater as recorded in a control manhole or flow measuring device required by §52.072.

5. For senior citizens in User Class VII, the base user charge shall be equal to the rate for User Class I reduced by an amount equal to ten percent (10%) of the rate for User Class I.

6. For senior citizens in User Class VIII, the base user charge shall be fifty-four dollars and forty-three cents ($54.43) per quarter for each connection to the sewer system of the city. 

7. For totally and permanently disabled citizens in User Class IX, the base user charge shall be equal to the rate for User Class I reduced by an amount equal to ten percent (10%) of the rate for User Class I.

8. For totally and permanently disabled citizens in User Class X, the base user charge shall be fifty-four dollars and forty-three cents (54.43) per quarter for each connection to the sewer system of the city. 

9. For single family residences in User Class XI, the base user charge shall be five dollars and no cents ($5.00) per one thousand (1,000) gallons of water used, or where water consumption does not reflect the actual quantity of wastewater tributary to the wastewater treatment works, five dollars and no cents ($5.00) per one thousand (1,000) gallons of wastewater as recorded in a control manhole or flow measuring devise required by Section 52.072.

10. For Single family residences in User Class XII, the base user charge shall be forty-five dollars and seventy cents ($45.70) per quarter for each connection to the sewerage system of the city for those users who do not have water meters or flow measuring devices. Single family residences in User Class XII who have water meters or flow measuring devices available may be charged five dollars and no cents ($5.00) per one thousand (1,000) gallons.

(Am. Ord. 1381, passed 7-5-83; Am. Ord. 1392, passed 11-21-83; Am. Ord. 1546, passed 4-4-88; Am. Ord. 1570, passed 1-2-89; Am. Ord. 1629, passed 5-7-90; Am. Ord. 1914, passed 5-1-95; Am. Ord. 2289, passed 5-7-01; Am. Ord. 2463, passed 8-4-03; Am. Ord. 2497, passed 12-15-03; Am. Ord. 2520, passed 4-19-04; Am. Ord. 2935, passed 6-20-11)

2. Calculation of base sewer rate.

1. The base sewer rate as defined in division (A) (1) and (3) of this section shall be equal to the estimated annual revenue required divided by the total annual wastewater contribution from users in thousands of gallons, where annual revenue required equals the estimated annual revenue required for the operation and maintenance costs including replacement and debt service costs less anticipated costs due to over strength wastes to be paid for by industrial surcharges.

2. The base sewer rate as defined in division (A) (2) of this section shall be approximately equal to the average quarterly sewer bill for single-family residences.

(Am. Ord. 2289, passed 5-7-01)

3. The rates and charges for sewer services provided herein shall automatically increase on January 1, 2005, and annually on each January 1st thereafter, by two and one-half percent (2.5%) or the rate of inflation, whichever is greater, and rounded to the nearest whole cent. The rate of inflation shall be calculated annually on November 1 using the most recent twelve- (12) month period as measured by the Consumer Price Index (CPI).
   (Ord. 2497, passed 12-15-03)
   

4. In addition to the other provisions herein, the rates and charges for sewer services provided herein shall automatically increase by 4.34% over and above the then prevailing rates and charges effective for usage beginning on each and every of the following dates: July 1, 2011, July 1, 2012 and July 1, 2013. Said increases shall be first reflected in billing made on and after the next succeeding November 1^st of each respective year.
   (Ord. 2935, passed 6-20-11)

 

§ 52.104 COMMERCIAL AND INDUSTRIAL USER SURCHARGE.

1. Pursuant to Section 35.92511 of Subpart B of Federal Register Volume 39, Number 29, and Appendix B, a provision is made herein for payment of a surcharge for discharge of all wastes in excess of base levels for BOD, and suspended solids and other pollutants which may be defined in subsequent amendments, to the city sewerage system.

2. The base concentration for suspended solids and BOD₅ shall be two hundred fifty (250) milligrams per liter until otherwise redefined.

3. The total cost of the surcharge shall be calculated as follows: The total volume of the discharge for a billing period shall be multiplied times the sum of the operation and maintenance costs of treatment for one unit of BOD₅ multiplied by the average concentration of BOD₅ in excess of the base level and operation and maintenance cost of treatment for one unit of suspended solids multiplied by the average concentration of suspended solids in excess of the base level.

4. The unit cost of operation and maintenance shall be determined from the actual cost experience of the last fiscal year and be in effect for the ensuing fiscal year unless amended. The surcharge cost will be added to the user charge as previously determined.

(Ord. 1229, passed 11777; Am. Ord. 1236, passed 6-19-78)

 

§ 52.105  USERS OUTSIDE CITY TO PAY SERVICE SURCHARGE.

 

Users of the sewerage system of the city outside of the city shall pay a service surcharge equal to twenty percent (20%) of all other applicable user charges. The service surcharge is to equalize the investment in the existing system. This service surcharge shall be reviewed annually and revised periodically to reflect changes in the current investment in the fixed assets of the sewage works due to new construction of facilities financed by general obligation bonds or the corporate taxes collected by the city or due to total depreciation or abandonment of existing facilities.
(Ord. 1229, passed 11-7-77)

 

§ 52.106  REVIEW OF RATES.

 

The city shall independently audit operation, maintenance, and debt service costs for the wastewater facilities; review sewer rates and charges annually; and revise sewer rates and charges periodically to reflect actual treatment works operation and maintenance costs and the cost of debt services. The city shall also annually review user charges and revise as necessary to insure that the total user charges for each user class are proportional to usage of the wastewater facilities of the city.
(Ord. 1229, passed 11-7-77)

 

§ 52.107  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 two hundred fifty (250) 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 waterworks system, 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 City Administrator or his designee for the purpose of determining the volume of water obtained from these other sources.

2. Other devices for measuring the volume of waste discharged may be required by the City Administrator or his designee if these volumes cannot otherwise be determined from the metered water consumption records.

3. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the user. Following approval and installation, such meters may not be removed, unless service is cancelled, without the consent of the City Administrator or his designee.

4. Where it has been determined by the City Administrator or his designee that metering devices are not required for residential users who do not use city water, the flat rate base user charge defined in § 52.103(A) (2) shall be computed as defined in § 52.103(B).

(Ord. 1229, passed 11-7-77)

 

§ 52.108  BILLINGS.

1. There shall be quarterly billings made and charged to all users for the use of and service supplied by the sewerage system of the city.
   (Ord. 1229, passed 11-7-77) (Am. Ord. 1359, passed 4-19-82; Am. Ord. 2463, passed 8-4-03)
   

Cross reference:
Billings; delinquency; liens, see § 50.54

            Failure to pay charges; proceedings, see § 50.55

 

§ 52.109  FORECLOSURE OF LIEN.

 

Property subject to a lien for unpaid charges may 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 bill-in-equity in the name of the city. The City Attorney is authorized and when directed by the City Council 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 forty five (45) days in the case of a monthly bill or one hundred five (105) days in the case of a quarterly bill after it has been rendered.
(Ord. 1229, passed 11-7-77)

 

§ 52.110  ESTABLISHMENT OF SYSTEM ACCOUNTS.

1. The City Administrator or his designee 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 to show the receipts and disbursements of the sewerage system.

2. 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 sewer service charges under the waste cost recovery system 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:

1. Flow data showing total gallons received at the wastewater plant for the current fiscal year.

2. Billing data to show total number of gallons billed.

3. Debt service for the next succeeding fiscal year.

4. Number of users connected to the system.

5. Number of non-metered users.

6. A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged.

(Ord. 1229, passed 11-7-77)

 

§ 52.111  ACCESS TO RECORDS.

 

The State 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 insure compliance with the terms of the special and general conditions to any state grant.
(Ord. 1229, passed 11-7-77)

 

§ 52.112  DISPOSITION OF REVENUES.

1. All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account of the Sewerage Fund. All such revenues and moneys shall be held by the City Collector separate and apart from his private funds and separate and apart from all other funds of the city and all of said sum, without any deductions whatever, shall be delivered to the City 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 Mayor and City Council.

2. The City Treasurer shall receive all such revenues from the sewerage system and all other funds and moneys 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 Sewerage Fund of the city. 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.

(Ord. 1229, passed 11-7-77)

 

§ 52.113  NOTICE OF RATES.

 

A copy of the current rates shall be provided to each user annually and shall be deemed a notice to all owners of real estate of the charges of the sewerage system of the city on their properties.
(Ord. 1229, passed 11-7-77)

 

§ 52.114  USE OF SEWER SERVICE BY QUALIFIED SENIOR CITIZENS.

1. The sewer use charges defined in User Classes VII and VIII are established for the use of the sewer service by qualified senior citizens. A qualified senior citizen is defined as a resident of the city who has attained the age of sixty-two (62) years, is retired and receiving social security or a retirement pension, and who receives water or service or both from the city and makes it available to no one else except a spouse or a dependent as defined herein. A dependent for the purpose of this section is defined as a person who has no income whatsoever.

2. In order to qualify for the User Class VII or VIII, the applicant must sign, under oath, a statement conforming to the requirements of division (A) above.

(Ord. 1229, passed 11-7-77; Am. Ord. 2463, passed 8-4-03)

 

§ 52.115  TOTALLY AND PERMANENTLY DISABLED CITIZEN QUALIFICATIONS.

1. The sewer use charges defined in User Classes IX and X are established for the use for the sewer service of the city by totally and permanently disabled citizens. A person is totally and permanently disabled if such person is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. The impairment must result from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical or laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings, and not only by the citizen's statement of symptoms.

2. In order to qualify for User Classes IX or X, the applicant must be a resident of the city, and must not qualify for and receive User Class VII or VIII status. In addition, the applicant must provide and submit to the city a statement from a licensed practitioner of medicine, psychiatry, or psychology attesting to and certifying the applicant's qualifications under division (A) above.

3. The applicant must be the head of the household receiving the water and/or sewer service, must reside at said household, and may not make the water or sewer service or both available to anyone else except a spouse and/or a dependent as hereinafter defined. A DEPENDENT for purposes of this section is defined as a person who has no income whatsoever.

4. Upon receipt of an application for totally and permanently disabled user status, the City Administrator shall promptly review the application within ten days of its submission by the applicant. The City Administrator shall determine, based upon the information contained within the application, the statement from a licensed physician, and any other information available to the City Administrator, whether or not the applicant qualifies under the criteria herein established for totally and permanently disabled user status. Within twenty one (21) days of the submission of the application, the City Administrator shall notify the applicant of his decision. Failure of the City Administrator to so notify an applicant shall be deemed to be a denial of the total and permanently disabled user status.

5. Any person aggrieved by any notice and decision of the City Administrator under this section may obtain a hearing upon the filing of a written request for same with the City Clerk. The request for a hearing must be filed with the City Clerk within ten days after receipt of the notice of the City Administrator's determination. The written request for hearing shall contain, at a minimum, the following information: the date of the original application; the name and address of the person requesting the hearing; the address of the property at which the applicant resides; and a brief statement of the reasons for requesting a hearing. The hearing shall be held before the City Council, and shall be placed on the agenda for the next regularly scheduled Council meeting after the request for hearing has been filed. The applicant may present additional facts or arguments as he may desire to the City Council. The City Administrator may present additional facts or arguments as he may desire to the City Council. The City Council may affirm, modify, or reverse any decision of the City Administrator by a vote of the majority of said Council in attendance.

6. In case any applicant in User Classes IX and X shall make an application stating facts which prove to be false, it shall constitute a violation of this section.

(Ord. 1570, passed 1-2-89) Penalty, see § 52.999

 

§ 52.116  CIRCUIT BREAKER PROGRAM QUALIFICATIONS

1. The sewer use charges defined in User Classes XI and XII are established for the sue of sewer service by residents determined to be qualified under the Illinois Circuit Breaker program as administered by the Illinois Department of Revenue.

2. Eligibility for rates defined in User Classes XI and XII shall be established annually during the month of January of each year based upon documentation provided by the Illinois Department of Revenue which identifies those residents that have qualified under the Illinois Circuit Breaker program during the immediately preceding calendar year. Eligibility must be re-established each and every year to qualify for User Class XI and XII rates.

3. In order to qualify for the sewer use charges defined in User Classes XI and XII, the individual qualified under the Illinois Circuit Breaker program must:

1. be a resident of the City of Washington;

2. reside within the residence receiving the sewer service;

3. be named as the individual responsible for the payment of the sewer bill; and

4. permit sewer service to be used by no one else except a spouse and/or dependent.

4. Users who qualify for the rates defined in User Classes XI and XII shall not be eligible to receive the additional discounts available to Qualified Senior Ditizens and Qualified Disabled Citizens.

(Ord. 2520, passed 4-19-04)

 

VIOLATIONS

 

§ 52.125  NOTICE OF VIOLATION.

1. Notice of violation; time limit.

1. Any person found violating any provision of this chapter, except § 52.006, 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.

2. The offender shall, within the period of time stated in such notice, permanently cease all violations.

2. No person shall continue any violation beyond the time limit provided in division (A) of this section.

(Ord. 987, passed 3-16-70)

 

§ 52.126  LIABILITY

 

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.
(Ord. 987, passed 3-16-70)

 

§ 52.999  PENALTY.

1. Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not more than one hundred dollars ($100.00) for each violation. Each day's violation shall constitute a separate offense.
   (Ord. 987, passed 3-16-70)

2. Whoever violates any provision of § 52.074 shall be fined not more than two hundred dollars ($200.00).  Each day's violation shall constitute a separate offense.
   (Ord. 878, passed 4-4-67)

3. Whoever violates any provision of § 52.115 shall be fined not more than one hundred dollars ($100.00). Each day's violation shall constitute a separate offense.

(Ord. 1570, passed 1-2-89)