Sewer Regulations

SECTION:

8-4-0:               DEFINITIONS: Unless the context specifically indicate otherwise the meanings of terms used in this Ordinance shall be as follows:

8-4-1:               SEWER USE ORDINANCE:

8-4-1.1:            Use of Public Sewers Required

1. 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 said City, any human or animal excrement, garbage or other objectionable waste.
2. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of the Ordinance.
3. 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.
4. The owner 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 any public sanitary (or combined) sewer or the City, is hereby 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 Ordinance within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred feet (100’) of the property line.

8-4-1.2:            Private Sewage Disposal

1. Where a public sanitary (or combined) sewer is not available under the provisions of Section 8-4-1.1,4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section 8-4-1.2.
2. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Fulton County Health Department. The application for such permit shall be made on a form furnished by the Fulton County Health Department which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Fulton County Health Department.
3. A permit for a private sewage system shall not become effective until the installation is completed to the satisfaction of the Fulton County Health Department. They shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for permit shall notify the Fulton County Health Department when the work is ready for final inspection, and before any underground portions are covered.
4. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act or Code, with the State of Illinois Environmental Protection Agency, and the Fulton County Health Department. 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 that required by the Fulton County Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
5. The owner shall provide the City with a plan detailing the location and construction of the private sewage disposal system prior to the issuance any building permit.
6. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 8-4-1.1,4, a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
7. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the City.
8. No statement contained in this Section, shall be construed to interfere with any additional requirements that may be imposed by the Superintendent and Fulton County Health Department.
9. When a public sewer becomes available, 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 bank-run gravel or dirt.

8-4-1.3:            Buildings Sewers and Connections

1. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Clerk. Before a permit may be issued for excavating for plumbing in any public street, way or alley the person applying for such permit shall have executed unto the City and deposited with the Clerk a corporate surety bond in the sum of fifteen hundred dollars ($1,500.00) conditioned that he will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority of any provision of this Code pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City and the owner of the premises against all damages, costs, expenses, outlays and claims of every nature and kind arising out of unskillfulness or negligence on his part in connection with plumbing or excavating for plumbing as prescribed in this Chapter. Such bond shall remain in force and must be executed for a period of one year except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued hereunder prior to such expiration.
2. All disposal by any person into the sewer system in unlawful except those discharges in compliance with Federal standards promulgated pursuant to the Federal Act and more stringent State and local standards.
3. There shall be two (2) classes of building permits:
   
   (a) For residential and commercial service, and
   
   (b) 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 City (reference Appendix #2). The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of fifty dollars ($50.00) for a residential or commercial building sewer permit, and one hundred dollars ($100.00) for an industrial building sewer permit, shall be paid to the City at the time the application is filed. The industry, as a condition or permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.
4. 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 sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional waste load.
5. All cost 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.
6. A separate and independent building sewer shall be provided for every building except that where one buildings 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 ally, 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.
7. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the City, to meet all requirements of this Ordinance.
8. 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 back filling the trench, shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City. In the absence of code provisions or in amplifications thereof, the materials and procedure set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications of Water and Sewer Main Construction in Illinois shall apply.
9. 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 a means, which is approved in accordance with Section 8-4-1.3,2 and discharged to the building sewer.
10. No person(s) shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer.
    (Ord. 78-11, 11-6-78)
    
    No person or entity shall tear down, demolish or destroy any building connected to the sanitary sewer system unless all sewers and drains of said building, connected directly or indirectly to the sanitary sewer system, are capped or plugged in such manner as to prevent infiltration of ground water or other inflow into the sewer system.
    
    The owner of the building and the person or entity demolishing the same shall:
    
    (a) Report all such drains and sewer connections, and their plan to plug or cap the same, to the Zoning Officer when applying for a permit to demolish the building.
    
    (b) Shall have the Zoning Officer, the City Engineering, or a City employee designated by one of them present at the time such drains or sewer connections are capped or plugged. (Ord. 84-3, 7-2-84)
11. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes, or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedure and materials must be approved by the Superintendent.
12. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent.
13. 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 satisfactorily to the City. (Ord. 78-11, 11-6-78)
14. All costs and expenses incidental to the maintenance, repair and/or replacement of any lateral sewer line from any lot, dwelling or structure to the edge of the roadway under which said lateral sewer line passes shall be borne by the owner of said property. The City shall bear the expense of repairs from the edge of the roadway into the street including the connection to the main sewer line.
15. The City and the landowner shall bear equally the cost of repairs for any sidewalk damaged by the repairs of a sewer line. No excavation, repair or replacement of any sidewalk shall commence until a permit is obtained from the City Administrator and a surety bond in the amount of fifty percent (50%) of the estimated cost or repair is filed in the office of the City Administrator.
16. That any landowner failing to comply with this Ordinance shall be responsible for costs of attorney’s fees and related expense in the collection of said funds. (Ord. 88-4, 9-6-88)

8-4-1.4:            Use of the Public Sewers:

1. No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, substance drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
2. Storm water 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 Council. Industrial cooling water or unpolluted process waters may be discharged on approval of the City Council, to a storm sewer, combined sewer, or natural outlet.
3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
   • (a) Any gasoline, benzene, naphtha, fuel oil, or other flammable explosive liquid, solid or gas.
   • (b) 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.
   • (c) Any waters or wastes having a pH lower then 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
   • (d) 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, etc., either whole or ground by garbage grinders.
4. 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 Council 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 their opinion as the acceptability of these wastes, the City Council 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 sewer treatment plant, degree of treat ability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:
   • (a) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150) Fahrenheit (65 C)
   • (b) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty two degrees (32) and one hundred fifty degrees (150) Fahrenheit.
   • (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
   • (d) Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not.
   • (e) Any water or wastes containing iron, chromium, copper, zinc or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Council for such materials.
   • (f) Any water or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the City Council as necessary after treatment or the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.
   • (g) Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the City Council in compliance with applicable State of Federal regulations.
   • (h) Any waters or wastes having a pH in excess of 9.5.
   • (i) Any mercury or any of its components in excess or 0.0005 mg/l as Hg at any time except as permitted by the City Council in compliance with applicable State and Federal regulations.
   • (j) Any cyanide in excess of 0.025 mg/l at any time as permitted by the City Council in compliance with applicable State and Federal regulations.
   • (k) Materials which exert or cause:
     1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, an 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 or concentrations of wastes constituting “slugs” as defined herein.
   • (l) Water or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.
5. 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 Section 8-4-1.4,4 hereof, and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, subchapter D, Water Programs Part 128 – Pretreatment Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973, and any amendments thereto, and which in the judgment of the City Council 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 Council may:
   
   (a) Reject the wastes;
   
   (b) Require pretreatment to an acceptable condition for discharge to the public sewers;
   
   (c) Require control over the quantities and rates of discharge; and/or;
   
   (d) Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of Section 8-4-1.4,10 hereof.
   
   If the City Council permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Council and Farmington Sanitary District and subject to the requirements of all applicable codes, ordinances and laws.
6. Grease, oil and sand interceptors shall be prohibited when, in the opinions of the City Council, 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 Council and shall be located as to be readily and easily accessible for cleaning and inspection.
7. Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously, in satisfactory and effective operation by the owner at his expense.
8. Each industry shall be required to install a control manhole and, when required by the City Council, 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 Council. The manhole shall be installed by the owner at his expense, and shall be maintained by him so at to be safe and accessible at all time.
9. The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests and analysis of waters and wastes to illustrate compliance with this Ordinance and any special conditions for discharge established by the City, the Farmington Sanitary District or regulatory agencies having jurisdiction over the discharge.
   
   The number, type and frequency of laboratory analysis to be performed by the owner shall be as stipulated by the City and Farmington Sanitary District, 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 analysis to the City and the Farmington Sanitary District. The owner shall bear the expense of all measurements, analysis and reporting required by the City and the Farmington Sanitary District. At such times as deemed necessary, the City and the Farmington Sanitary District reserves the right to take measurements and samples by an outside laboratory service.
10. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building is connected. 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 analysis involved will determine whether a twenty four (24) hour composite of all out falls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from twenty four (24) hour composites of all out falls, whereas pH’s are determined from periodic grab samples.)
11. No statement contained in this Section 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 therefore, in accordance with Sections 8-4-2.1 and 8-4-2.3 hereof, by the industrial concern, provided such payments are in accordance with Federal, and State guidelines for User Charge System and Industrial Cost Recovery System.

8-4-1.5:            Protection of Sewage Works From Damage

1. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy 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.

8-4-1.6:            Powers of Authority of Inspectors

1. The Superintendent and other duly authorized employees of the City, the Farmington Sanitary District, the Illinois Environmental Protection Agency, and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Ordinance. The Superintendent or his representative shall have no authority to inquire into any process, including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing in the kind and source of discharge to the sewers or waterway or facilities for waste treatment.
2. While performing the necessary work on private properties referred to in Section 8-4-1.6,1 above, the Superintendent or duly authorized employees of the City, the Farmington Sanitary District, the Illinois Environmental protection Agency, and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death the 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 our 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 Section 8-4-1.4,8.
3. The Superintendent 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 purpose of, but not limited to, inspection, 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.

8-4-1.7:            Penalties

1. Any person found to be violating any provision of this Ordinance except Section 8-4-1.5 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. The offender shall within the period of time stated in such notice, permanently cease all violations. The City may revoke any permit for sewage disposal as a result of any violation of any provision of this Ordinance.
2. Any person who shall continue any violation beyond the time limit provided for in Section 8-4-1.7, 1 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the amount not exceeding two hundred fifty dollars ($250.00) for each violation. Each day in which any such violations shall continue shall be deemed a separate offense.
3. Any person violating any of the provisions of this Ordinance shall become liable to the City by reasons of such violation.

8-4-2:               USER CHARGE ORDINANCE:

8-4-2.1:            SEWER RATES:

Minimum charge for sewer service for no meter or dead meter users:

July 1, 2002 to June 30, 2003             $26.58
July 1, 2003 to June 30, 2004               27.37
July 1, 2004 to June 30, 2005               28.19
July 1, 2005 to June 30, 2006               29.04
July 1, 2006 to June 30, 2007               29.91
July 1, 2007 to June 30, 2008               30.81
July 1, 2008 to June 30, 2009               31.73
July 1, 2009 to June 30, 2010               32.68
July 1, 2010 to June 30, 2011               33.66
July 1, 2011 to June 30, 2012               34.67
May 1, 2016 to April 30, 2017             $40.67

(Ord. 2016-04)

8-4-2.2:            Industrial Cost Recovery

1. Industrial Cost Recovery Required: Each industrial user shall pay that portion of any State grant which has been obtained by the Farmington Sanitary District for the benefit of the City for the financing of the construction of wastewater treatment works allocable to the treatment of the wastewater from such user. Such users shall not include an interest component.
2. Determination of Industrial Population Equivalent: An industrial user’s portion of any State grant shall be based on the population equivalents attributable to wastewater of such user tributary to the wastewater treatment works of the Farmington Sanitary District.
3. Cost Per Unit of Treatment:
   
   Based on…. 40% Chargeable to Flow
4. No Charge for Unused or Unreserved Capacity: An industrial user’s portion of grant shall not include any portion of the grant amount allocable to unused or reserved capacity.
5. Commitment for Increased Use: An industrial user’s portion of the grant shall include allowance for the cost of any firm commitment to the Farmington Sanitary District for any increased use by each user.
6. Disposition of Retained Amounts: Eighty percent (80%) of the retained amounts, together with interest earned thereon, shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the Federal Act and State of Illinois. The Farmington Sanitary District, prior to commitment of the retained amounts, shall obtain written approval of the Illinois Environmental Protection Agency for any expansion or reconstruction. The remainder of the retained amounts may be used for such expenditures, as the Farmington Sanitary District deems appropriate.
7. Investment of Retained Amounts Required: Pending use, the grantee shall invest the retained amounts for reconstruction and expansion in:
   • (a) Obligations of the US Government; or
   • (b) Obligations guaranteed as to principal and interest by the US Government or any agency thereof; or
   • (c) Deposit such amounts in accounts fully collateralized by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof.
8. Treasurer’s Responsibility: The City Treasurer and Farmington Sanitary District shall maintain the necessary records for determination of user share of the cost and shall provide the billing and collection services as required by Section 8-4-2.3,1.
9. The City Treasurer’s Responsibility: The City Treasurer shall be responsible for the collection of the industrial cost recovery money and disbursement of such moneys to the Farmington Sanitary District in accordance with Section 8-4-2.2, 14,15, and 16.
10. Monitoring Required: The Farmington Sanitary District shall maintain a program of monitoring industrial user discharges as the Farmington Sanitary District deems necessary, provided that any major contributing industry shall be monitored no less than twelve (12) times annually, and any industrial user that has a population equivalent as determined by Section 8-4-2.2,2 greater than or equal to fifty (50) shall be monitored at such frequency as deemed necessary by the Farmington Sanitary District for determination of the population equivalent of the industrial user. The monitoring data collected shall be used to determine the population equivalent in accordance with Section 8-4-2.2,2.

8-4-2.3:            Billing

1. Bills: Said rates and charges for service shall be billed to the user along with the users’ water bill in the manner for the periods now prescribed by ordinance pertaining to water bills, and for periods consistent with water billing.
   
   The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the City only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefore to the City.
   
   All sewer bills are due and payable twenty (20) days after being sent out.
2. Delinquent Bills: If the charges for such services are not paid within thirty (30) days after the rendition of the bill for such services, such services shall be discontinued without further notice and shall not be reinstated until all claims are settled.
3. Lien-Notice of Delinquency: Whenever the bill for sewer service remains unpaid for thirty (30) days after it has been rendered, the City Clerk shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the City claims a lien for this amount of the unpaid bill, and a notice that the City claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.
   
   If the user whose bill is unpaid is not the owner of the premises and the City Clerk has notice of this, notice shall be mailed to the owner of the premises if his address be known to the Clerk, whenever such bill remains unpaid for the period of forty five (45) days for a monthly bill or one hundred five (105) days for a quarterly bill after it has been rendered.
   
   The failure of the City Clerk to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for the unpaid bills as mentioned in Section 8-4-2.3,3 above.
4. Foreclosure of Lien: 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 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 hereby authorized and directed to institute such proceedings in the name of the City in any court having jurisdiction over such matters and against any property for which the bill has remained unpaid for forty-five (45) days in the case of a monthly bill or one hundred five (105) days in the case of quarterly bill after it has been rendered.
5. Revenues: 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 Treasurer separate and apart from his private funds and separate and apart from all other funds of the City and all of the 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 City Council.
   
   The City Treasurer shall receive all such revenues form 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 at 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.
6. Accounts: The City 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 to 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 sewer service charges under the water 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 that 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) Reserved.
   • (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 of waste discharge.
7. Notice of Rates: A copy of this Section, properly certified by the City Clerk, shall be filed in the office of the Recorder of Deeds of Fulton County and shall be deemed notice to all owners of real estate of the charges of the sewerage system of said City on their properties.
8. Penalty: Any person, firm or corporation violating any provisions of this Section shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.
9. Access to Records: The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the City which are applicable to the City system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any State grant.

8-4-2.4:            Effective Date of Rates: The rates and service charges established for user charges in Section 8-4-2.1,3 through 6 and for industrial cost recovery established in Section 8-4-2.2,3 through 5 shall be effective March 3, 2003 and on bills to be rendered for the next succeeding monthly periods ending June 30, 2003. (Ord. 03-03)

8-4-2.5:            Validity: If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. All ordinances in conflict herewith are repealed to the extent of such conflict. (Ord. 78-11, 11-6-78)

APPENDIX #1

Title 8 Supplement – Appendix #1 (Chapter 4)

APPENDIX #2

Title 8 Supplement – Appendix #2 (Chapter 4)

8-4-3:           MONTHLY STATEMENTS:

Said rates or charges for service shall be payable monthly. 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 on such premises and the service is furnished to the premises by the City of Farmington only upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefore to the City of Farmington. All bills for service shall be rendered monthly as of the first day of the month succeeding the period for which the service is billed, and shall be payable not later than the close of business on the 20^th day from the date the bill was mailed. If payment of the full amount of the bill is not made within said period then a penalty of ten percent (10%) of the amount of the bill shall be added thereto.

8-4-4:           DELINQUENCIES:

In the event the charges for services are not paid within thirty (30) days after rendition of the bill for such service, such charges shall be deemed and are hereby declared to be delinquent within the meaning of 65 Illinois Compiled Statutes 5/11-139-8. Whenever bills for sewer service become delinquent as set forth herein, the same shall become and constitute a lien upon the real estate to which service is supplied, pursuant to the terms and provisions of Section 11-139-8 of the Illinois Municipal Code (65 Illinois Compiled Statutes 5/11-139-8), upon the owner or owners of record, as referenced by the taxpayer’s identification number, being sent the Notice to Owner described below. The Notice to Owner shall contain a notice that unpaid charges or rates may create a lien on the real estate under the aforementioned statute and this ordinance and shall have attached 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.

If a claim for lien is filed, the claim for lien shall be made in the form of a sworn statement entitled “Notice of Lien” setting out (a) a description of the real estate, sufficient for the identification thereof, upon or for which the service was supplied, (b) the amount or amounts of money due for such service, and (c) the date or dates when such amount or amounts became delinquent. If all amounts shown due remain unpaid after recording, as provided by law, the City may foreclose such lien in like manner and with like effect as in the foreclosure of mortgages on real estate. In the alternative, the City may, in its discretion, file suit to collect such amounts, as are delinquent and due against the occupant or user of fees incurred by it, the same to be fixed by order of the court. In addition to penalties and cost attributable and chargeable to the recording of such notices of lien, the user, occupant, and owner shall be liable for interest upon all unpaid balances.

In all cases where the user charge has become delinquent and the City elects to file a statement thereof in the Office of Recorder of Deeds as herein above set forth, there shall be added in addition to the amount due the City such charges and expenses as are necessary and required to verify the legal description if the property to which the lien is to attached, plus a sum established by the City as sufficient to cover the cost of preparation of such notices and forms required. In each instance, the City Administrator or a duly appointed employee of the City shall be authorized and directed to include such additional costs in the amount claimed due the City in the Notice of Lien.  The City Administrator is, hereby, authorized to sign and file, for and on behalf of the City, all notices, liens and release of liens as may be required in accordance with the provisions of this Ordinance.

8-4-5:           DISCONNECTION FOR FAILURE TO PAY:

In addition to the other remedies contained in this Chapter, if the balance due for such service is not paid within thirty (30) days after the mailing of the bill for such services, any and all owner(s) of record for the property to which service was rendered shall receive a copy of this Section and a NOTICE OF INTENDED SEWER/WATER DISCONNECTION (set forth below) via U.S. Mail and the City will refer the property address to Illinois American Water to begin the process of shutting off the water at the property. The customer shall have seven (7) days from the date of such Notice to request an opportunity to present his, her or its case to the City Administrator as to why water service should not be disconnected. After the expiration of such seven (7) day period, if no request has been made, then the City may place a lien on the property and institute foreclosure proceedings as provided under certain provisions of the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et seq., (hereinafter referred to as “IMFL”) or any other applicable law as may be enacted from time to time by the Legislature of the State of Illinois. In the event the City prevails in such mortgage foreclosure action, the owner(s) of record shall be jointly and severally liable for interest accrued on the unpaid balance in the amount of five percent (5%) per annum, and any and all costs of suit, including attorney’s fees, court costs, appraisal fees, title insurance or abstract costs, broker fees and other reasonable expenses incurred in obtaining payment of the balance due.

DISCONNECTION FOR FAILURE TO PAY: In addition to the other remedies contained in this Chapter, if water service is disconnected, water service shall not be reinstated until all past due bills including the penalties thereon are paid in full, together with payment made of one hundred and twenty-five dollars ($125.00), plus any additional costs assessed to the City of Farmington by Illinois American Water for reinstating such service.

Title 8 Supplement – Notice, Water Service Disconnection 8-4-5

8-4-6:           FUNDS KEPT SEPARATE:

All revenues and moneys derived from the operation of the Sewerage System shall be held by the City Clerk separate and apart from his private funds and separate and apart from all other moneys 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.

8-4-7:           SEWERAGE FUND:

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 a separate fund designated as the “Sewerage Fund of the City of Farmington”’ and said Treasurer shall administer such Fund in every respect in the manner provided by law.

8-4-8:           ACCOUNTING AUDIT:

The City Treasurer will 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.

8-4-9:           SEWER DEPOSIT REQUIRED:

No water service shall be turned on for use in any premises until an application therefore in writing has been made for the purpose of sewer service filed with the office of the City Clerk, stating the purpose for which the sewer is to be used.

DEPOSIT AMOUNTS:

(A)  OWNER OCCUPIED PROPERTY: The applicant shall deposit with his application the sum of one hundred dollars ($100.00) for sewer service before any water is turned on. Such deposit shall be held by the City, as security for payment of sewer service used by the applicant and may be so applied without notice when any default is made in payment of a sewer bill. If the property owner pays his monthly bill before the past due date each month for a period of 18 months, the deposit will be returned to the property owner.

(B)   RENTAL OCCUPIED PROPERTY: The applicant shall deposit with his application the sum of two hundred dollars ($200.00) for sewer service before any water is turned on. Such deposit shall be held by the City, as security for payment of sewer service used by the applicant and may be so applied without notice when any default is made in payment of a sewer bill. Upon vacancy of the rental property and a paid in full account balance, the deposit shall be returned to the applicant if a forwarding address is supplied to the City Clerk.