Chapter 82
UTILITIES*

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Cross references: Administration, ch. 2; buildings and building regulations, ch. 18; electrical code, § 18-131 et seq.; mechanical code, § 18-161 et seq.; plumbing code, § 18-191 et seq.; businesses, ch. 22; planning, ch. 54; solid waste, ch. 62; streets, sidewalks and other public places, ch. 66; subdivisions, ch. 70.

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Article I. In General

Sec. 82-1. Water and sewer connection permits.

Sec. 82-2. Bond and insurance.

Sec. 82-3. Supervision of connections.

Sec. 82-4. Reimbursement for public improvement.

Secs. 82-5– 82-30. Reserved.

Article II. Administration

Sec. 82-31. Utilities division.

Secs. 82-32– 82-60. Reserved.

Article III. Water Service

Division 1. Generally

Sec. 82-61. Obstructing or damaging water system.

Sec. 82-62. Use of water hydrants.

Sec. 82-63. Water meters.

Sec. 82-64. Liability.

Sec. 82-65. Access to premises.

Sec. 82-66. Water for construction work.

Sec. 82-67. Regulation of water consumers.

Sec. 82-68. Turning off water for violations or nonpayment and reinstatement fees.

Sec. 82-69. Restrictions on water use.

Sec. 82-70. Extension of water mains.

Sec. 82-71. Emergency water use plan.

Sec. 82-72. Bulk water for pool filling.

Secs. 82-73– 82-90. Reserved.

Division 2. Connections

Sec. 82-91. Water service application; fee.

Sec. 82-92. Separate supply to each premises.

Secs. 82-93– 82-110. Reserved.

Division 3. Rates and Charges

Sec. 82-111. Water rates generally.

Sec. 82-112. Water charges and rates.

Sec. 82-113. Hydrant charges.

Sec. 82-114. Billing; penalties.

Sec. 82-115. Liability for charges.

Sec. 82-116. Customers beyond corporate limits.

Sec. 82-117. Hydrant usage rate.

Sec. 82-118. Water usage charge adjustment.

Sec. 82-119. Water meter fees.

Secs. 82-120– 82-140. Reserved.

Article IV. Sewers and Sewage Disposal

Division 1. Generally

Sec. 82-141. Sewer definitions.

Sec. 82-142. Interceptors.

Sec. 82-143. Control manholes.

Sec. 82-144. Laboratory tests of wastes.

Sec. 82-145. Tests and measurement standards.

Sec. 82-146. Agreements for treatment of wastes.

Sec. 82-147. Protection of sewage works from damage.

Sec. 82-148. Powers and authority of inspectors.

Sec. 82-149. Access to records.

Sec. 82-150. Penalties.

Sec. 82-151. Flushing of sanitary sewers.

Sec. 82-152. Discharge of sewage or industrial wastewater.

Sec. 82-153. Discharge of storm, sanitary and industrial wastewater.

Sec. 82-154. Discharge of sanitary sewage or industrial wastewater.

Secs. 82-155– 82-170. Reserved.

Division 2. Building Sewers and Connections

Sec. 82-171. Permit required.

Sec. 82-172. Wastewater standards.

Sec. 82-173. Classes of permits; fees.

Sec. 82-174. Conditions for permit.

Sec. 82-175. Bond and insurance.

Sec. 82-176. Separate connection each building.

Sec. 82-177. Old sewers; reuse.

Sec. 82-178. Material.

Sec. 82-179. Size of pipe; construction.

Sec. 82-180. Connection location: joint.

Sec. 82-181. Pipe bed.

Sec. 82-182. Elevation.

Sec. 82-183. Surface water drainage.

Sec. 82-184. Inspection.

Sec. 82-185. Excavations; guards.

Sec. 82-186. Clean out wye.

Sec. 82-187. Maintenance of sewer lines.

Secs. 82-188– 82-205. Reserved.

Division 3. Use of Public Sewers

Sec. 82-206. Disposition of wastes on public or private property.

Sec. 82-207. Treatment of wastes.

Sec. 82-208. Connection to sewer.

Sec. 82-209. Stormwater disposition.

Sec. 82-210. Deleterious wastes.

Sec. 82-211. Disposition of deleterious wastes.

Secs. 82-212– 82-230. Reserved.

Division 4. Private Sewage Disposal

Sec. 82-231. Required.

Sec. 82-232. Permit.

Sec. 82-233. Inspections.

Sec. 82-234. Specifications.

Sec. 82-235. Maintenance.

Sec. 82-236. Connection to sewer.

Sec. 82-237. Additional regulations.

Sec. 82-238. Privies and septic tanks.

Secs. 82-239– 82-255. Reserved.

Division 5. Rates and Charges

Sec. 82-256. Rates for sewer service.

Sec. 82-257. Fixed rate for nonmetered units in multiuse building.

Sec. 82-258. Minimum rates for certain users.

Sec. 82-259. Unmetered sewer charges.

Sec. 82-260. Installation of sewage metering devices– When volume of discharge cannot be determined.

Sec. 82-261. Same– Excessive discharges.

Sec. 82-262. Sewer user service charge outside village.

Sec. 82-263. Review of charges.

Sec. 82-264. Billing.

Sec. 82-265. Liability of owner, occupants and users.

Sec. 82-266. Delinquent charges; lien.

Sec. 82-267. Foreclosure of lien.

Sec. 82-268. Sewerage revenue fund.

Sec. 82-269. Accounts.

Sec. 82-270. Notice of rates.

Secs. 82-271– 82-299. Reserved.

Division 6. Management of Fat, Oil and Grease– Public Sewers

Sec. 82-300. Title.

Sec. 82-301. Purpose.

Sec. 82-302. Administration.

Sec. 82-303. Definitions.

Sec. 82-304. General requirements.

Sec. 82-305. System maintenance.

Sec. 82-306. Grease recovery systems– Design and performance standards.

Sec. 82-307. Passive exterior device (PED) requirements.

Sec. 82-308. Passive interior devices (PIDs).

Sec. 82-309. Sizing of PEDs.

Sec. 82-310. Active interior recovery device requirements.

Sec. 82-311. Alternative methods and treatment agents.

Sec. 82-312. Inspections.

Sec. 82-313. Notice of violation.

Sec. 82-314. Enforcement– Penalties and remedies.

Sec. 82-315. Other.

Secs. 82-316– 82-399. Reserved.

Article V. Electricity Aggregation Program

Sec. 82-400. Definitions.

Sec. 82-401. Aggregation of electrical load.

Sec. 82-402. Opt-out program.

Sec. 82-403. Adoption of plan of operation and governance for the electricity aggregation program.

Sec. 82-404. Solicitation of bids.

ARTICLE I.
IN GENERAL

Sec. 82-1. Water and sewer connection permits.

No connection with the water main or sewage main shall be made without a permit being issued and 24 hours notice having been given to the village engineer. Inspections fees shall also be paid to the village in the amount set forth in section 32-38 for each respective water and sewer connection permit. A separate fee as set forth in section 32-38 shall be charged per hour for each reinspection. Such fees shall be deposited into the respective operating funds.

(Code 1977, § 6.02; Ord. No. 95-49, § 1, 6-5-1995; Ord. No. 95-94, 10-2-1995; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-2. Bond and insurance.

Before a permit is issued to work on a public sewer or water service, the contractor shall include with the permit application a certificate of insurance (listing the village as certificate holder and additional insured) and a bond in the following minimum amounts: Under General liability:
 Each occurrence $1,000,000.00
 General aggregate $2,000,000.00
Under workers compensation $ 500,000.00
License and/or permit bond (Indemnity/Surety) $ 10,000.00

Before a permit is issued to work on any municipal water and/or sanitary structure, whether above ground or below ground, the contractor shall provide insurance in addition to the above insurance the following minimum amounts:

Excess liability $5,000,000.00

(Code 1977, § 6.03; Ord. No. 2000-58, § 3(6.03), 5-1-2000)

Sec. 82-3. Supervision of connections.

All water and sewer connections shall be made under the supervision of the village engineer or his authorized representative, and no connection or service line construction shall be covered until the work has been inspected by him or his authorized representative.

(Code 1977, § 6.04)

Sec. 82-4. Reimbursement for public improvement.

(a) Whenever any property owner or developer shall construct at his own expense within public rights-of-way or easements of the village, a sanitary or storm sewer or water system improvement, as approved by the village, a provision for payback to the constructing owner or developer will be provided for if other property connections are made by nonparticipating owners or developers. However, a request for payback must be made in writing to the village and proper certification of the costs submitted to the village administrator for review and approval, and the pro rata payback determined.

(b) The village does not guarantee or assume any liability to ensure that the improving owner shall recover all his costs for the improvements installed.

(c) Whenever the owner or owners of any such intervening property or properties shall thereafter apply to the village for right to tap into or make connection with such sewer or water line extension, the frontage fee for water (subsection 82-91(2)) and sewer (section 82-173) shall be paid to the village. Upon receipt, the village shall then reimburse the improving owner his pro rata share up to an amount not to exceed that determined in subsection (a) of this section. The determination of the village administrator as to the amount of such reimbursement shall, in the absence of willful fraud or misconduct, be conclusive as between the village and the person having constructed such line.

(d) The sums in subsection (a) of this section provided to be contributed by intervening owners shall be in addition to and exclusive of fees required and fixed by ordinance as inspection or permit fees for connection with or tap into the village sewer or water lines and fees required by North Shore Sanitary District, or the county public works department, if any.

(e) When the owner or owners of property contiguous to the property of any owner who shall have previously constructed any public improvement as above described shall be desirous of connecting to and extending such sewer or water line within the public streets, then such extension shall be permitted only if in the opinion of the village engineer, based upon village engineering standards, the existing facility shall be adequate for such purpose and provided that such extension shall be made along the total frontage of the property of the applicant owner abutting upon such street which is currently being developed.

(Code 1977, § 6.06)

Secs. 82-5– 82-30. Reserved.

ARTICLE II.
ADMINISTRATION*

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Cross references: Administration, ch. 2.

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Sec. 82-31. Utilities division.

There is hereby established a division of the village public works department to be known as the utilities division. The utilities division shall be responsible for the general management and control of the waterworks and sewer works system, subject, however, to the supervision of the president and board of trustees of the village.

(Code 1977, § 6.01)

Secs. 82-32– 82-60. Reserved.

ARTICLE III.
WATER SERVICE

DIVISION 1.
GENERALLY

Sec. 82-61. Obstructing or damaging water system.

(a) No person shall in any manner obstruct the access to any stopcock, hydrant or valve, or any public faucet or opening for taking water in any street, alley, public ground or place connected with or part of the water system, nor pile or place any lumber, brick or building material or other article, thing or hindrance within 12 feet of such water system facilities, or so as to in any manner hinder, delay or obstruct the members of the fire department in reaching such facilities.

(b) It shall be unlawful for any person in any manner to interfere with or obstruct the flow, retention, storage or authorized use of water in the water system, reservoir or plant, or any part thereof, or to injure, deface, remove or displace any water main, hydrant, service pipe, water meter, shut-off box, public fountain, valve, engine or building connected with the water system, or plant.

(Code 1977, § 6.07)

Sec. 82-62. Use of water hydrants.

No person not duly authorized shall turn the water on at any fire hydrant or service cock, or use water therefrom when so turned on and the person so using or wasting water in such unlawful manner shall be liable to pay for such water.

(Code 1977, § 6.08)

Sec. 82-63. Water meters.

(a) All water consumers supplied by the village shall be supplied through meters only and shall pay for the water at the rates and in the manner specified in this section.

(b) Whenever any meter, by reason of its being out of repair, or for any cause fails to register the water passing through such meter, the consumer shall be charged for water and sewer service at the rate shown for the corresponding time of the previous year under like conditions. If no record of the previous year exists, then it shall be the duty of the director of public works to estimate or determine so far as he can the amount of water consumed during the time such meter fails to operate, and the consumer shall pay the amount so estimated.

(c) For properties for which the village provides installation services for water meters, in the event that the property owner, or designee, fails to allow entrance to the water utility employee to perform installation service, requiring a return visit, the property owner shall be assessed a fee in the amount set forth under section 32-38 prior to the water meter installation.

(Code 1977, § 6.09; Ord. No. 2007-07, § I, 2-5-2007; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-64. Liability.

(a) Property owner. The property owner shall be responsible for all costs of maintenance and/or repair to the water service from and including all interior plumbing of the building and exterior of the building up to, but not including, the curb stop. The village shall be responsible for all costs of maintenance to the water service from and including the curb stop to the water main including the corporation stop and tapping saddle. The words "cost of maintenance" shall not only include the cost of the pipe and related materials, but shall also include the cost to repair any areas damaged by the excavation and related work. These areas may include pavement, curb and gutter, sidewalk, parkways, driveways and landscaping.

(b) Village. All connections and water applied for under this article, and for sewer service of the village, and all the water used under this article, shall be upon the express condition that the village shall not be liable, nor shall any claim be made against it for damages or injury caused by reason of the breaking of any part of the sewer system or of any water main, branches, service pipes, apparatus or appurtenances connected with the water or sewer system or plant, or any part or portion of the plant, or for any interruption of the water supply by reason of the breakage of machinery, or by reason of stoppage, alterations, extensions or renewals.

(Code 1977, § 6.10)

Sec. 82-65. Access to premises.

The village and its employees shall have ready access to the premises, places or buildings where meters are located for the purpose of reading, examining, testing and repairing the meters, and examining and testing the consumption, use and flow of water, and it shall be unlawful for any person to interfere with, prevent or obstruct the village, or its authorized agent, in its duties under this article. Every consumer of water shall take the water upon the conditions prescribed in this section.

(Code 1977, § 6.11)

Sec. 82-66. Water for construction work.

Persons desiring to use village water for building or construction purposes shall make application therefore in writing and file the application in the office of the village engineer on a form provided for that purpose. Upon a permit being granted, permits shall be issued in writing and signed by the director of public works, a valve and meter hook-up for obtaining water off of the closest hydrant shall be obtained from the director of public works based upon deposit for a one-inch meter or three-inch meter based on the fee amounts set forth understand section 32-38, refundable fee, such fee being used to pay for water used and the balance, if any, refunded once the meter and valve are returned in acceptable condition. An alternate method to obtain construction water is for a service pipe to be carried at the expense of the applicant to the inside of the curb line, where a service cock and meter shall be placed, with pipe leading to the surface, and a faucet placed at the end thereof above the surface. When the building or construction work is completed, the faucet and meter shall be removed and the water shut off, unless permanent connection under this article is made. The charge for the use of unmetered construction water shall be $10.00 minimum, or as determined by the village engineer and payable prior to refund of such deposit.

(Code 1977, § 6.13; Ord. No. 2007-07, § II, 2-5-2007; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-67. Regulation of water consumers.

The following rules and regulations for the consumers of water and plumbers are hereby adopted and established:

(1) Supplying others. No water consumer may supply water to other families or allow them to take it, except for use on the premises and for the purposes specified in the application, nor after water is introduced into any building or upon any premises shall any person make or employ any other person to make any tap, or connection with the work upon the premises for alterations, repairs, extensions or attachments without a written permit therefor to be issued by the director of public works.

(2) Shutting off water. The village reserves the right to shut off water at any time in the mains for the purpose of repairing, cleaning, making connections with or extensions to such mains, or for the concentrating of water in any part of the village in case of fire; and for restricting the use of the water in case of deficiency in supply. No claim shall be made against the village by reason of the breaking of any service pipe or service cock or damage arising from shutting off of water for repairing, laying or relaying mains, hydrants or other connections or repairing any part of the water system, or from failure of the water supply, or by increasing the water pressure at any time, or from concentration or restricted use of water as provided in this section.

(Code 1977, § 6.14)

Sec. 82-68. Turning off water for violations or nonpayment and reinstatement fees.

For violation of any of the rules in this article or for the nonpayment of water bills, the village reserves the right to turn off the water without notice, and after the water has been turned off from any service pipe on account of nonpayment of water bills, or violation of rules, the water will not be turned on until all delinquent bills and penalties are paid, together with the expense of turning off and on such water. The reinstatement fees shall be set forth under section 32-38. No water will be furnished to any person who is indebted to the village on account of water consumed, material or repairs.

(Code 1977, § 6.15; Ord. No. 98-19, § 1, 2-23-1998; Ord. No. 2007-07, § III, 2-5-2007; Ord. No. 2011-50; § I, 6-20-2011; Ord. No. 2013-12, § I, 3-18-2013; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-69. Restrictions on water use.

The following mandatory water conservation regulations shall be applicable to all water service customers of the village:

(1) Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Irrigation means the dispersion of water to prevent arid soil conditions and/or promote landscape growth.

Landscape means sodded and seeded lawns, gardens, trees, shrubs and other living plants.

(2) Landscape water use restrictions. The use of water from the village's water system for use in landscape irrigation is prohibited except as follows:

a. Even-numbered addresses may water on even-numbered calendar days (2nd, 4th, etc.) commencing at 6:00 p.m. until 10:00 a.m. of the following day.

b. Odd-numbered addresses may water on even-numbered calendar days (3rd, 5th, etc.) commencing at 6:00 p.m. until 10:00 a.m. of the following day.

c. Watering using hand held devices will be permitted at any time.

These restrictions will be in effect from May 15 through September 15 of each year.

(3) Landscape permits. Upon issuance of a permit by the village the following uses of water shall be permitted: The watering of new landscaping for not more than 14 consecutive days between the hours of 6:00 p.m. and 10:00 a.m. with automatic and/or handheld watering devices.

(Code 1977, § 6.17; Ord. No. 2005-54, § I, 7-11-2005; Ord. No. 2012-78, § I, 10-1-2012)

Sec. 82-70. Extension of water mains.

(a) Any water main construction in the village shall be made in conformance with the prevailing engineering standards of the village and only as authorized by the corporate authorities.

(b) All costs of extending water mains shall be at the expense of the benefiting property owners.

(c) The corporate authorities may from time to time expend the funds accumulated in the waterworks surplus funds to cause extensions to be made for purposes which improve the overall system, such as: joining dead end mains to form a looped system; increasing the size of mains in certain areas to provide improved pressure or flow; or cause extensions requested for less than one block in any subdivided area to be extended to the end of the block if so recommended by the village engineer.

(d) Where any property is improved by extensions as provided in subsection (c) of this section, a charge shall be paid by the property owners benefited when connected to the system upon a per front foot basis as established from time to time by the corporate authorities.

(Code 1977, § 6.18)

Sec. 82-71. Emergency water use plan.

During a water shortage crisis declared by federal, state or local governmental officials, the village will take the following necessary measures to reduce water demand to a minimum level necessary to maintain the health, safety and welfare of the residents of the village as follows, to wit:

(1) Prohibit hydrant and water system flushing.

(2) Place a ban on all external water uses such as watering of lawns, gardens, etc.

(3) Prohibit the use of water for fire department training.

(4) Restrict water available for industrial use.

(5) Prohibit use of water in street sweeping operations.

(6) Restrict use of water at commercial car washes, public swimming pools and water cooled air conditioning systems.

(7) Reduce water pressure in the potable water system.

(8) Impose reasonable daily per capita consumption limits on all residents.

(9) Restrict water use except for residential uses and essential services.

As more fully described by the emergency water use plan, on file in the office of the village clerk, and which is hereby adopted by reference.

(Code 1977, § 6.19)

Sec. 82-72. Bulk water for pool filling.

Persons desiring to use village water for the purpose of filling swimming pools or other bulk water needs shall make application therefore in writing and file the application in the office of the director of public works. The applicant shall be responsible for the cost of the water at the current village rate plus a flat service fee as set forth in section 32-38.

(Ord. No. 2007-07, § IV, 2-5-2007; Ord. No. 2012-15, § I, 2-20-2012; Ord. No. 2013-40, § XIV, 8-19-2013)

Secs. 82-73– 82-90. Reserved.

DIVISION 2.
CONNECTIONS

Sec. 82-91. Water service application; fee.

No water shall be turned on for use on or in any premises until an application therefor, in writing, has been made for that purpose and filed with the village engineer, stating the purpose for which the water is to be used. There shall be two fees, in addition to the inspection fee, paid at the time of application: (i) connection fee, and (ii) frontage fee as set forth in this section. These fees shall be deposited into the water operating fund.

(1) Connection fee. The basic applicable connection fee provided for in this section is to provide a reasonable contribution toward that proportionate part of the overall cost of the existing village water system (not including the cost of area line installations to be recouped under a frontage fee) heretofore paid by the patrons of the system prior to such connection. For each water connection made to a residential, commercial or industrial building or other type structure, the basic connection charge hereunder shall be determined on a population equivalent (P.E.) basis of water use for each facility connected, using 100 gallons per population equivalent per day as a criteria based upon a charge of $400.00 per population equivalent, and as set forth in section 32-38.

(2) Frontage fee. In addition to the above connection fee, there shall be a set frontage fee as set forth in section 32-38 per front foot of the premises to be served charged to all applicants, except no frontage fee shall be charged to any owner or developer for property owned or developed by the owner or developer fronting any water main extension installed by the owner or developer and turned over to the village. All such fees shall be paid by applicant at the time of application.

The property frontage for determining this fee shall be based upon actual frontage of a recorded, subdivided lot for each connection, except in the case of unusual lot shapes and frontage lengths that are not within plus 50 percent of the minimum lot width for the zone applicable. In the case of unusual lot shapes or frontage lengths, the village engineer will determine frontage length based upon reasonable engineering guidelines and taking into consideration the zoning district and possible future subdivision of the land. Some methods of calculation to be used are calculating lot frontage at building setback line or averaging front and rear lot lines.

The applicant shall also be required to pay for a meter to be installed on his premises at the time of application. Meter charge is established periodically by the village engineer based on the then current price of meters.

(Code 1977, § 6.05; Ord. No. 97-73, § 1, 6-16-1997; Ord. No. 99-61, § 1, 5-17-1999; Ord. No. 2003-28, § I, 4-7-2003; Ord. No. 2006-45, §§ I, II, 6-5-2006; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-92. Separate supply to each premises.

No owner or plumber shall conduct water pipes into any two distinct premises unless separate and distinct stopcocks shall be placed on the outside of such premises along the sidewalk opposite the premises, nor shall any pipe be allowed to cross lots or buildings to adjoining premises.

(Code 1977, § 6.16)

Secs. 82-93– 82-110. Reserved.

DIVISION 3.
RATES AND CHARGES

Sec. 82-111. Water rates generally.

There shall be and are hereby established charges and rates for the use and service of the waterworks system of the village as well as the operation, maintenance and replacement of the system. Use and service for water shall be metered and the bimonthly charges for water shall be as set forth therein.

(Code 1977, § 6.12(a); Ord. No. 2002-93, § 1, 9-23-2002; Ord. No. 2009-78, § I, 11-16-2009; Ord. No. 2011-50, § I, 6-20-2011)

Sec. 82-112. Water charges and rates.

(a) Water usage rates. A bimonthly water usage charge per 1,000 gallons or part thereof of water supplied shall be charged per billing unit as set forth in section 32-38.

(b) Water service charges. A bimonthly water service charge shall be charged per billing unit as set forth in section 32-38.

(Code 1977, § 6.12(b); Ord. No. 2002-93, § 2, 9-23-2002; Ord. No. 2009-78, § II, 11-16-2009; Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2012-20, § I, 3-19-2012; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-113. Hydrant charges.

(a) In addition to the foregoing rate, there shall be charged to the village fire department the sum of $1.00 per month for each fire hydrant connected to the waterworks system for fire protection.

(b) The village reserves the right to make such reasonable changes in rates and in conditions established in this article and to establish further rules and regulations from time to time as may be found expeditious or necessary.

(Code 1977, § 6.12(c); Ord. No. 2011-50, § I, 6-20-2011)

Cross references: Fire prevention and protection, ch. 34.

Sec. 82-114. Billing; penalties.

Bills for water service shall be rendered on bimonthly intervals and shall be payable on or before the due date on the bill. A late payment charge of ten percent shall be added to all bills not paid by the due date of each bill. The village administrator and director of public works are further authorized to shut off water service to users if the bill has not been paid within 45 days of the bill date.

(Code 1977, § 6.12(d); Ord. No. 98-66, § 1, 6-1-1998; Ord. No. 2011-50, § I, 6-20-2011)

Sec. 82-115. Liability for charges.

The owner of the premises, the occupants thereof and the user shall be jointly and severally liable to pay for the water service on the premises, and the water service is furnished to the premises by the village upon the condition that the owner of the premises, occupant and user of the service, are jointly and severally liable therefore to the village. If the applicant for water service is not the owner of the premises to which the water is to be supplied, the applicant shall deposit with the water department the sum as set forth in section 32-38 or a written guarantee of the payment of the water bill executed by the owner of the premises to which water is to be supplied shall be furnished to the water department. Such a deposit shall be returned to the consumer or the guarantee shall be cancelled when the water service is terminated and the account is paid in full. In the event of the failure to pay for water consumed, the village may use such deposit to apply toward the delinquent account at the time the water department elects to terminate the service for the failure of the consumer to pay the water bill. In the event the occupants, other than the owner of the premises, fail to make the deposit as required, the village may elect to terminate the service for failure of the occupants to pay the deposit by giving notice and the opportunity for hearing by such occupants, in accordance with the laws of the state.

(Code 1977, § 6.12(e); Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-116. Customers beyond corporate limits.

A surcharge as set forth in section 32-38 will be charged to all users of village water outside the corporate limits of the village.

(Code 1977, § 6.12(f); Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-117. Hydrant usage rate.

The rate for use of bulk water directly from fire hydrants for construction or landscaping activities shall be the then-current water rate per 1,000 gallons plus a hydrant usage rate surcharge as set forth in section 32-38.

(Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-118. Water usage charge adjustment.

Beginning on January 1, 2012, the water usage rates listed in section 32-38 shall be adjusted by and include any and all changes in the water rate charged by the Central Lake County Joint Action Water Agency to the village.

(Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2012-20, § I, 3-19-2012; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-119. Water meter fees.

The cost of a water meter, together with its installation costs, shall be paid by the person requesting water service or the owner of the premises where it is placed.

All repairs and renewals of meters shall be at the direction of the village. The owner of or applicant for the repair and replacement of a meter shall at all times be responsible for any damage done to such meter, including that caused by freezing, heat, vandalism, or theft thereof, or for the replacement of a seal placed by the village. If such a meter needs to be replaced, it shall be replaced with one that can be read through the use of a remote reader. The cost of replacement due to negligence will be charged to the property owner. On buildings with four or more units, as well as commercial and industrial buildings, the users will be charged for all meter replacements.

(Ord. No. 2011-50, § I, 6-20-2011)

Secs. 82-120– 82-140. Reserved.

ARTICLE IV.
SEWERS AND SEWAGE DISPOSAL

DIVISION 1.
GENERALLY

Sec. 82-141. Sewer definitions.

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the village administrator of the village or his authorized deputy or representative.

Basic user charge means the amount to be paid each billing period by all public sewer users for payment of operation and maintenance costs plus replacement of the sewerage works.

BOD means biochemical oxygen demand which is defined as the quantity of oxygen used in the biochemical oxidation of organic matter in five days at 20 degrees Celsius, determined by standard laboratory test procedures and expressed in mg/l.

Building commissioner means the building commissioner of the village or his authorized deputy or representative.

Building sewer means the extension from the building drain to the public sewer or other place of disposal.

Building drain means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall.

Control manhole means a structure specifically designed and constructed for sampling and metering industrial wastes discharged to a public sewer.

Debt service charge means the amount to be paid each billing period by all public sewer users for payment of principal and interest of outstanding bonds and to provide bond reserve funds required by bond ordinance.

District means the North Shore Sanitary District of Lake County, Illinois.

Easement means an acquired legal right for the specific use of land owned by others.

Federal Act means the Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended by the Federal Water Pollution Control Act of Amendments of 1972 (Public Law 92-500 and Public Law 93-243).

Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

Industrial user means any nongovernmental user of publicly owned sewerage works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:

Division A - Agriculture, Forestry, and Fishing.

Division B - Mining.

Division D - Manufacturing.

Division E - Transportation, Communications, Electric, Gas and Sanitary Services.

Division I - Services.

A user in the divisions listed in this definition may be excluded if it is determined by the superintendent that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

Industrial waste means the wastewater discharged, permitted to flow, or escaping from any industrial, manufacturing, commercial or business establishment or process, or from the development, recovery or processing of any natural resource as distinct from employees' wastes or wastewater from sanitary conveniences.

Major contributing industry means an industrial user that has a flow of 50,000 gallons or more per average work day, or has a flow greater than ten percent of the flow carried by the sewerage works receiving the waste, or has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Act, or is found by the permit issuance authority, in connection with the issuance of the 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.

mg/l means milligrams per liter.

Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water.

NPDES permit means any permit or equivalent document to regulate the discharge of pollutants pursuant to Section 402 of the Federal Act.

Person means any and all persons, natural or artificial including any individual, firm, company, public or private corporation, association, society, institution, enterprise, governmental agency or other entity.

pH means the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed in gram molecular weight (moles) per liter.

Population equivalent means to evaluate the impact of industrial or other wastes on a treatment works or stream. One population equivalent is 100 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids.

Pretreatment means the treatment of wastewaters from sources before discharge into the public sewer.

Properly shredded garbage means garbage that has 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-inch (1.27 centimeters) in any dimension.

Public sewer means a sewer in which all owners of abutting properties have equal rights of connection and use, and is operated, maintained and controlled by the village.

Replacement costs means expenditures for purchasing and installing equipment, accessories, or appurtenances which are necessary during the service life of the sewerage works to maintain the capacity and performance for which such works were designed and constructed. Residential, or commercial, or nonindustrial.

Sanitary sewer means a sewer that conveys sewage and polluted industrial wastes, and to which stormwater, surface drainage, groundwater or unpolluted wastewater are not intentionally admitted.

Sewage treatment plant means an arrangement of devices, structures and processes for treating and disposing of sewage.

Sewage means a combination of the wastewater from residential, commercial, industrial and institutional buildings together with such groundwater infiltration and surface water inflow that may be in the sewers.

Sewer user service charge means the total amount to be paid each billing period by public sewer users including the basic user charge, the debt service charge, and a surcharge, if applicable.

Sewer means a pipe or conduit for conveying sewage or any other wastewater, including storm- water, surface water and groundwater drainage.

Sewerage revenue fund means the principal accounting designation for all revenues received in the operation of the sewerage works.

Sewerage works means all facilities of the village for collecting, pumping, treating and disposing of sewage and industrial wastes.

Shall means mandatory; may means permissive.

Slug means any discharge of sewage, industrial waste or other wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

State act means the Illinois Anti-Pollution Bond Act of 1970, 415 ILCS 405/1 et seq.

State environmental protection act means the Illinois Environmental Protection Act, 415 ILCS 5/1– 5/51.

State grant means a state grant under the State Anti-Pollution Bond Act of 1970, 415 ILCS 405/1 et seq., for financing the construction of sewerage works.

Storm sewer and storm drain mean a sewer that conveys stormwater runoff and surface water drainage, but excludes sewage and polluted industrial wastes.

Stormwater runoff means that portion of precipitation which is not absorbed into the ground and which is drained from the ground surface to a natural outlet or watercourse.

Superintendent means the director of public works of the village or his authorized deputy or representative.

Surcharge means the amount to be paid each billing period by certain public sewer users in addition to the basic user charge and the debt service charge.

Suspended solids means solids that either float on the surface of, or are in suspension in water, sewage, industrial wastes, or other wastewaters; the quantity of which is determined by standard laboratory filtering test procedures and referred to as nonfilterable residue expressed in mg/l.

Unpolluted wastewater means wastewater that would not cause any violation of water quality standards of the water pollution regulations of the state when discharged to a natural outlet or watercourse.

Useful life means the estimated period during which the sewerage works will be operated and shall be 30 years from the date of start-up of any facilities constructed with a state grant.

User means any user of the sewerage works not classified as an industrial user or excluded as an industrial user.

User class means the type of user either residential or commercial (nonindustrial) or industrial.

Wastewater means the wastewater from any domestic, commercial, industrial and institutional uses.

Watercourse means any stream, creek, brook, branch, natural or artificial depression, slough, gulch, ditch, reservoir, lake, pond, or other natural or manmade drainageway in or into which stormwater runoff and surface water drainage flow either continuously or intermittently.

(Code 1977, § 6.31)

Cross references: Definitions generally, § 1-2.

Sec. 82-142. Interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, 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 superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Code 1977, § 6.38)

Sec. 82-143. Control manholes.

Each industry shall be required to install a control manhole and, when required by the superintendent or the district, 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 safety located, and shall be constructed in accordance with plans approved by the superintendent. 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.

(Code 1977, § 6.39)

Sec. 82-144. Laboratory tests of wastes.

(a) The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to demonstrate compliance with this chapter and any special conditions for discharge established by the district 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 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.

(b) The owner shall report the results of measurements and laboratory analyses to the district at such times and in such manner as prescribed by the district. The owner shall bear the expense of all measurements, analyses, and reporting required by the district. At such times as deemed necessary, the district reserves the right to take measurements and samples for analysis.

(Code 1977, § 6.40)

Sec. 82-145. Tests and measurement standards.

(a) 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 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 such 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 sewer is connected.

(b) Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a 24-hour composite sample or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composite samples, whereas pHs are determined from periodic grab samples.

(Code 1977, § 6.41)

Sec. 82-146. Agreements for treatment of wastes.

No statement contained in these regulations shall be construed as prohibiting any special agreement or arrangement between the village and/or district and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the village and district for treatment, subject to payment therefor by the industrial concern, provided such payments are in accordance with village and district ordinances for user charge system and industrial cost recovery system.

(Code 1977, § 6.42)

Sec. 82-147. Protection of sewage works from damage.

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 section shall be subject to immediate arrest under charge of disorderly conduct and damaging public property.

(Code 1977, § 6.43)

Sec. 82-148. Powers and authority of inspectors.

(a) Entry on to premises. The superintendent and other duly authorized employees of the village, the district, the Illinois Environmental Protection Agency, and the United States 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 chapter. The superintendent or his representative 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 waterway or facilities for waste treatment.

(b) Liability of sewer user. While performing the necessary work on private properties referred to in subsection (a) of this section, the superintendent or duly authorized employees of the village, the district, the state environmental protection agency, and the United States 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 to the village employees and the village shall indemnify the company against loss or damage to its property by village 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 section 82-143.

(c) Credentials and rights to inspect. The superintendent and other authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurements, sampling, repair, and maintenance of any portion of the sewerage 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.

(Code 1977, § 6.44)

Sec. 82-149. Access to records.

The state environmental protection agency or its authorized representative shall have access to any books, documents, papers and records of the village which are applicable to the village 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 the state grant.

(Code 1977, § 6.49)

Sec. 82-150. Penalties.

(a) Any person found to be violating any provision of this chapter, except sections 82-61, 82-62 or 82-147, shall be served by the village 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 village may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter.

(b) Any person who shall continue any violation beyond the time limit provided for in subsection (a) of this section, or who violates sections 82-61, 82-62 or 82-147, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not less than $10.00 nor more than as provided in section 1-11 of this Code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

(c) Any person violating any of the provisions of this chapter shall become liable to the village by reason of such violation.

(Code 1977, § 6.51)

Sec. 82-151. Flushing of sanitary sewers.

Flushing of sanitary sewers with potable water shall be performed through the use of a high velocity type sewer jet.

(Code 1977, § 6.52)

Sec. 82-152. Discharge of sewage or industrial wastewater.

(a) It shall be unlawful for any person, firm, or corporation to discharge any sanitary sewage or industrial wastewater into any storm sewer or ditch constructed as a part of the improvement of F.A. U.S. Route 1221 (Grand Avenue) through the village.

(b) Any person, firm, or corporation violating the provisions of this section shall be fined not more than as provided in section 1-11 of this Code for each offense.

(Code 1977, § 6.54)

Sec. 82-153. Discharge of storm, sanitary and industrial wastewater.

(a) It shall be unlawful for any person, firm or corporation to discharge any storm, sanitary and industrial wastewater into any storm sewers or drainage ditch facilities constructed as part of the improvement of F.A.P. Route 120 (U.S. Route 41) State Section 1977-207-BR through the village.

(b) Any person, firm or corporation violating this section shall be fined not less than $25.00 nor more than as provided in section 1-11 of this Code for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists.

(Code 1977, § 6.55)

Sec. 82-154. Discharge of sanitary sewage or industrial wastewater.

(a) It shall be unlawful for any person, firm, or corporation to discharge any sanitary sewage or industrial wastewater into any storm sewer or ditch within the Village of Gurnee limits.

(b) Any person, firm, or corporation violating the provisions of this section shall be fined not more than as provided in section 1-11 of this Code for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues to exist.

(Ord. No. 2008-64, § I, 9-8-2008)

Secs. 82-155– 82-170. Reserved.

DIVISION 2.
BUILDING SEWERS AND CONNECTIONS

Sec. 82-171. 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 superintendent.

(Code 1977, § 6.34(a))

Sec. 82-172. Wastewater standards.

It shall be unlawful to discharge wastewater to any public sanitary sewer except those wastewaters in compliance with standards promulgated pursuant to the federal act, or the state environmental protection act, or any rules, regulations, ordinances or standards of the village and/or the district.

(Code 1977, § 6.34(b))

Sec. 82-173. Classes of permits; fees.

(a) There shall be two classes of building sewer permits: (i) for residential and commercial service, and (ii) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the village and by the North Shore Sanitary District when the requested sanitary sewer service is within the North Shore Sanitary District service area. When the requested sanitary sewer service is within the service area of the county public works sanitary service area, application shall be made on a special form furnished by the village. The permit application shall be supplemented by plans, specifications, or other information considered pertinent in the judgment of the building commissioner. Each industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity.

(b) There shall be two fees, in addition to the inspection fee paid at the time of application: (i) connection fee, and (ii) frontage fee, as set forth in this section. These fees shall be deposited into the sewer operating funds. Owners that have previously paid for the sanitary sewer system by special assessment shall not be charged a frontage fee.

(1) Connection fee. The basic applicable connection fee provided for in this subsection, is to provide a reasonable contribution toward that proportionate part of the overall cost of the existing village sanitary sewer system, not including the cost of area line installations to be recouped under a frontage fee or special assessment, heretofore paid by the patrons of the system prior to such connection.

For each sanitary sewer connection made to a residential, commercial or industrial building or other type structure, the basic connection charge hereunder shall be determined on a population equivalent (P.E.) basis of sewer use for each facility connected, using 100 gallons per population equivalent per day as the criteria based upon a charge of $300.00/P.E. and as set forth in section 32-38.

a. Lake County Public Works connection fee. An additional connection charge shall be collected by the village when the sanitary sewer service request is located within the county public works sanitary sewer service area as set forth in section 32-38.

b. Lake County Public Works direct connection fee. In the event a new customer connects directly to any county interceptor or trunk line within the original service area described in the 1977 agreements, an additional fee per residential equivalent as set forth in section 32-38 shall be remitted to the county. Said direct connection charges are as follows:

The determination of the gallons per day of discharge of wastewater for industrial, commercial, institutional buildings or developments shall be determined by the village engineer or other agent duly authorized by the corporate authorities of the village, in cooperation with the county. The estimated wastewater discharged into the county interceptor or trunk line from the premises to be served thereby shall be based upon evidence submitted and/or otherwise acquired.

(2) Frontage fee. In addition to the above connection fee, there shall be a frontage fee as outlined in section 32-38 per front foot of the premises to be served charged to all applicants, except no frontage fee shall be charged to any owner or developer for property owned or developed by the owner or developer fronting any sewer line extension installed by such owner or developer and turned over to the village. All such fees shall be paid by applicant at the time of application.

(Code 1977, § 6.34(c); Ord. No. 94-34, § 1, 3-21-1994; Ord. No. 97-73, § 2, 6-16-1997; Ord. No. 2000-101, § 1(6.34), 8-21-2000; Ord. No. 2003-28, § II, 4-7-2003; Ord. No. 2003-84, § I, 11-17-2003; Ord. No. 2003-93, § I, 12-15-2003; Ord. No. 2004-80, § I, 11-1-2004; Ord. No. 2005-70, § I, 8-15-2005; Ord. No. 2005-100, § I, 11-21-2005; Ord. No. 2006-45, §§ III, IV, 6-5-2006; Ord. No. 2006-108, § I, 12-18-2006; Ord. No. 2007-84, § I, 11-5-2007; Ord. No. 2008-70, § I, 9-22-2008; Ord. No. 2011-2, § I, 1-11-2011; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-174. Conditions for permit.

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 works, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

(Code 1977, § 6.34(d))

Sec. 82-175. Bond and insurance.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The person installing the building sewer for said owner shall be a plumber or sewer contractor and shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by said installation. Before a building sewer permit is issued, the plumber or sewer contractor shall file with the permit application a certificate of insurance (listing the village as certificate holder and additional insured) and a bond in the following minimum amounts: Under General Liability:
 Each occurrence $1,000,000.00
 General aggregate $2,000,000.00
Under Workers Compensation $ 500,000.00
License and/or Permit Bond (Indemnity/Surety) $ 10,000.00

(Code 1977, § 6.34(e); Ord. No. 2000-58, § 4(6.34), 5-1-00)

Sec. 82-176. Separate connection each building.

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.

(Code 1977, § 6.34(f))

Sec. 82-177. Old sewers; reuse.

Old building sewers may be used in connection with new buildings only when they are found on examination and test by the superintendent to meet all requirements of this chapter.

(Code 1977, § 6.34(g))

Sec. 82-178. Material.

The building sewer shall be extra strength vitrified clay pipe and fittings conforming to ASTM Specification C700 with compression type joints conforming to ASTM Specification C425, or extra heavy cast iron soil pipe and fittings conforming to CISPI Specification HS-67 with compression type rubber gasket joints conforming to ASTM Specification C564, or other suitable materials approved by the superintendent.

(Code 1977, § 6.34(h))

Sec. 82-179. Size of pipe; construction.

The building sewer shall not be less than six inch diameter size pipe installed at a minimum invert slope of 0.125-inch per foot, or not less than four-inch diameter size pipe in length of not less than ten feet installed at a minimum invert slope of 0.25-inch per foot. Building sewers shall be constructed in accordance with the requirements of the superintendent as to trench excavation and backfilling, installation of pipe and fittings and testing.

(Code 1977, § 6.34(i))

Sec. 82-180. Connection location: joint.

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 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 and installation approved by the superintendent. Where the public sewer is greater than 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 45 degrees. A 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 a higher elevation than the invert of the public 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 when approved by the superintendent.

(Code 1977, § 6.34(j))

Sec. 82-181. Pipe bed.

The building sewer pipe shall be bedded on a layer of gravel or crushed stone conforming to ASTM No. 67 specifications, and shall have a minimum thickness of four inches under the pipe barrel and two inches under bells. It shall be carefully placed and compacted around the pipe to provide uniform support to the bottom quadrant.

(Code 1977, § 6.34(k))

Sec. 82-182. Elevation.

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 or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such drains shall be lifted by approved pumping devices and discharged to the building sewer.

(Code 1977, § 6.34(l))

Sec. 82-183. Surface water drainage.

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.

(Code 1977, § 6.34(m))

Sec. 82-184. Inspection.

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.

(Code 1977, § 6.34(n))

Sec. 82-185. Excavations; guards.

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 property disturbed in the course of the work shall be restored in a manner satisfactory to the village. Prior to any excavation, the plumber or sewer contractor shall notify all public and private utility companies.

(Code 1977, § 6.34(o))

Sec. 82-186. Clean out wye.

In structures with crawl spaces or on slabs, it is required to install a clean-out Y (wye) at the outside wall.

(Code 1977, § 6.34(p))

Sec. 82-187. Maintenance of sewer lines.

In the case of maintenance to the sanitary sewer service the property owner shall be responsible for all costs of repairs to the limits set forth in this chapter as follows: The property owner shall be responsible for all costs of maintenance and/or repair to the sanitary sewer service from and including all interior plumbing of the building and exterior of the building including the service tap into the main sewer or related appurtenances. The service tap will be any and all appurtenances used to connect the service sewer to the main sewer. In the event of a failure of the sewer main the property owner can be held liable for repairs if it can be shown by the superintendent of public works or his representative, that the failure of the sewer main was directly caused by the improper installation of the service into the main. The village will be responsible for the cost of maintenance or repair of the sewer main except as noted above. The words "service" or "sewer" as used in this chapter include lines which are either gravity flow or pump fed systems. The words "cost of maintenance" shall not only include the cost of the pipe and related materials, but shall also include the cost to repair any areas damaged by the excavation and related work. These areas may include pavement, curb and gutter, sidewalk, parkways, driveways and landscaping.

(Code 1977, § 6.34(q); Ord. No. 96-7, § 1, 1-22-1996; Ord. No. 97-73, § 2, 6-16-1997; Ord. No. 99-61, § 2, 5-17-1999)

Secs. 82-188– 82-205. Reserved.

DIVISION 3.
USE OF PUBLIC SEWERS

Sec. 82-206. Disposition of wastes 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 any area under the jurisdiction of the village, any human or animal excrement, garbage or other objectionable waste.

(Code 1977, § 6.32(a))

Sec. 82-207. Treatment of wastes.

It shall be unlawful to discharge to any natural outlet or watercourse within any area under the jurisdiction of the village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(Code 1977, § 6.32(b))

Sec. 82-208. Connection to sewer.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located any public sanitary sewer of the village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the public sanitary sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that such sewer is within 400 feet (121.9 meters) of the property line.

(Code 1977, § 6.32(d))

Sec. 82-209. Stormwater disposition.

(a) 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 public sanitary sewer.

(b) Stormwater and all other unpolluted drainage shall be discharged to storm sewers or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged upon approval of the superintendent, to a storm sewer or natural outlet.

(c) In the case of maintenance to the storm sewer service, the property owner shall be responsible for all costs of repairs to the limits set forth in this chapter as follows: The property owner shall be responsible for all costs of maintenance and/or repair to the storm sewer service from and including all interior plumbing of the building and exterior of the building including the service tap into the main sewer or related appurtenances. The service tap will be any and all appurtenances used to connect the service sewer to the main sewer. In the event of a failure of the sewer main the property owner can be held liable for repairs if it can be shown by the superintendent of public works or his representative, that the failure of the sewer main was directly caused by the improper installation of the service into the main. The village will be responsible for the cost of maintenance or repair of the sewer main except as noted above. The words "service" or "sewer" as used in this section include lines which are either gravity flow or pump fed systems. The words "cost of maintenance" shall not only include the cost of the pipe and related materials, but shall also include the cost to repair any areas damaged by the excavation and related work. These areas may include pavement, curb and gutter, sidewalk, parkways, driveways and landscaping.

(Code 1977, § 6.35)

Sec. 82-210. Deleterious wastes.

(a) 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.

(3) Any waters or wastes having a pH lower than 5.5 or higher than 9.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage 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 sewerage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

(b) No person shall discharge or cause to be discharged to a public sanitary sewer the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such waters or 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 opinions as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of such waters or wastes in relation to flows and velocities in the sewers, materials or 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 maximum limits established by regulatory agencies. The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit, (65 degrees Celsius).

(2) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit, (0 and 65 degrees Celsius).

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

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

(5) Any waters 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 at the sewage treatment works exceeds the limits established by the district for such materials.

(6) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceed limits which may be established by the district 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 district in compliance with applicable state or federal regulations.

(8) Any mercury or any of its compounds in excess of 0.0005 mg/l as Hg at any time except as permitted by the district in compliance with applicable state and federal regulations.

(9) Any cyanide in excess of 0.025 mg/l at any time except as permitted by the district in compliance with applicable state and federal regulations.

(10) Materials which exert or cause:

a. Unusual concentrations of inert suspended solids, such as, but not limited to, fuller's earth, time slurries, and lime residues, or of dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate;

b. excessive discoloration, such as, but not limited to, dye wastes and vegetable tanning solutions;

c. unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

d. unusual volume of flow or concentrations of wastes constituting "slugs" as defined in this article.

(11) 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 degree that the wastewater treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

(Code 1977, § 6.36)

Sec. 82-211. Disposition of deleterious wastes.

(a) If any waters or wastes are discharged, or are proposed to be discharged to the public sanitary sewers, which waters contain the substances or posses the characteristics enumerated in subsection 82-210(b) and/or which are in violation of the standards for pretreatment provided in Chapter L, 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 district 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 superintendent may reject the wastes; require pretreatment to an acceptable condition for discharge to the public sanitary sewers; require control over the quantities and rates of discharge; and/or 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 82-146.

(b) If the superintendent permits the pretreatment or equalization of wastewater flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and/or district and subject to the requirements of all applicable codes, ordinances, and laws.

(c) Where pretreatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Code 1977, § 6.37)

Secs. 82-212– 82-230. Reserved.

DIVISION 4.
PRIVATE SEWAGE DISPOSAL

Sec. 82-231. Required.

Where a public sanitary sewer is not available under the provisions of section 82-208, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.

(Code 1977, § 6.33(a))

Sec. 82-232. Permit.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the building commissioner. The application for such permit shall be made on a form furnished by the village which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the building commissioner. A permit and inspection fee as required by the village shall be paid at the time the application is filed.

(Code 1977, § 6.33(b))

Sec. 82-233. Inspections.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the building commissioner. The building commissioner shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the building commissioner when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of written notice by the building commissioner.

(Code 1977, § 6.33(c))

Sec. 82-234. Specifications.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the state private sewage disposal licensing act and code and with the state environmental protection agency policies. 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 40,000 square feet (3,716 square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet or watercourse.

(Code 1977, § 6.33(d))

Sec. 82-235. Maintenance.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the village.

(Code 1977, § 6.33(e))

Sec. 82-236. Connection to sewer.

At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system, as provided in section 82-208, the building sewer shall be connected to such sewer within 90 days and the private sewage disposal system shall be cleaned of sludge and filled with sand or gravel.

(Code 1977, § 6.33(f))

Sec. 82-237. Additional regulations.

No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the building commissioner.

(Code 1977, § 6.33(g))

Sec. 82-238. Privies and septic tanks.

Except as otherwise 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.

(Code 1977, § 6.32(c))

Secs. 82-239– 82-255. Reserved.

DIVISION 5.
RATES AND CHARGES

Sec. 82-256. Rates for sewer service.

There shall be and are hereby established charges and rates for the use and service of the waterworks system of the village as well as the operation, maintenance and replacement of the system. Use and service for water shall be metered and the bimonthly charges for water shall be as set forth therein.

(a) Sewer usage rates. A bimonthly sewer usage charge per 1,000 gallons or part thereof shall be charged per billing unit as set forth in section 32-38.

(b) Sewer service charges. A bimonthly sewer service charge shall be charged per billing unit as set forth in section 32-38.

(c) [Corporate limits.] Users within the corporate limits of the village served by Lake County Northeast Central Service area, shall also be charged those applicable rates as set forth by ordinance by the county, which are hereby adopted herein by reference. Unmetered services shall be billed at an estimated rate of usage of 10,000 gallons per month.

(Code 1977, § 6.45(a); Ord. No. 2008-4, § I, 1-14-2008; Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-257. Fixed rate for nonmetered units in multiuse building.

The fixed sewer rates as set forth in section 32-38 herein shall be charged to each unit of a multiuse building where individual meters are not provided.

(Code 1977, § 6.45(b); Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-258. Minimum rates for certain users.

The minimum rate shall be the appropriate rate as set forth in section 32-38 herein and shall apply per metered user or per unit within a multiuse building served by other than individual meters. For unmetered users the rates listed under section 32-38 shall apply, unless otherwise provided for herein.

(Code 1977, § 6.45(c); Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-259. Unmetered sewer charges.

Residential sewer users not supplied with municipal water shall be charged a sewer usage rate equal to the current sewer rate in effect for 7,000 gallons per month and the current sewer fixed charges as set forth in section 32-38 herein.

(Code 1977, § 6.45(h); Ord. No. 2011-50, § I, 6-20-2011; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-260. Installation of sewage metering devices– When volume of discharge cannot be determined.

The superintendent may require installation of sewage metering devices to be installed and maintained by the user when the volume of waste water discharge to the public sewers cannot otherwise be determined by the use of water meters. These metering devices may only be removed with the consent of the superintendent unless sewer service is canceled.

(Code 1977, § 6.45(e))

Sec. 82-261. Same– Excessive discharges.

Whenever it has been determined by the superintendent that nonmetered wastewater discharge exceeds 10,000 gallons per month, the superintendent may require such nonmetered sewer user to install metering devices on the water supply or building sewer to measure the volume of wastewater discharged to the public sewer.

(Code 1977, § 6.45(f))

Sec. 82-262. Sewer user service charge outside village.

The sewer user service charge for all users outside the corporate limits of the village shall include an additional surcharge as set forth in section 32-38.

(Code 1977, § 6.45(g); Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-263. Review of charges.

The adequacy of the sewer user service charges shall be reviewed annually by the certified public accountants for the village in their annual audit.

(Code 1977, § 6.45(h))

Sec. 82-264. Billing.

Bills for sewer service shall be rendered on bimonthly intervals and shall be payable on or before the due date on the bill. A late payment charge of ten percent shall be added to all bills not paid by the due date of each bill. The Village Administrator and Director of Public Works are further authorized to shut off water service to users if the bill has not been paid within 45 days of the bill date.

(Code 1977, § 6.45(i); Ord. No. 2011-50, § I, 6-20-2011)

Sec. 82-265. Liability of owner, occupants and users.

The owner of the premises, the occupant thereof, and the user of the sewer service shall be jointly and severely liable to pay for such service to such premises, and such service is furnished to the premises by the village only upon the conditions that the owner of the premises, occupant and user of such service are jointly and severally liable therefor to the village. If the applicant for sewer service is not the owner of the premises to which the sewer is to be supplied, the applicant shall deposit with the village the sum set forth in section 32-38 or a written guarantee of payment of the sewer bill executed by the owner of the premises to which sewer is to be supplied shall be furnished to the village. Such a deposit shall be returned to the consumer or the guarantee shall be cancelled when the water service is terminated and the account is paid in full. In the event of the failure to pay for sewer services, the village may use such deposit to apply toward the delinquent account at the time the village elects to terminate the service for the failure of the consumer to pay the sewer bill. In the event the occupants, other than the owner of the premises, fail to make the deposit as required, the village may elect to terminate the service for failure of the occupants to pay the deposit by giving notice and the opportunity for hearing by such occupants, in accordance with the laws of the state.

(Code 1977, § 6.45(j); Ord. No. 2012-39, § I, 5-7-2012; Ord. No. 2013-40, § XIV, 8-19-2013)

Sec. 82-266. Delinquent charges; lien.

In the event the sewer user service charges including any penalty then due are not paid within 30 days after the date of billing, such charges and penalty shall be deemed and are hereby declared to be delinquent, and thereafter the administrator shall file a statement of lien claim with the recorder of deeds of the county. This statement of lien claim shall include the legal description of the property to which sewer service was provided, the amount of the unpaid sewer user service charges and penalty, and a notice that the village claims a lien for the stated amount as well as for all sewer service user charges and penalties, subsequent to the period for which the bill was rendered. Wherever the person whose sewer user service charges are delinquent is not the owner of the property to which sewer service was provided by the village, and the administrator has previously received notice of this, notice of delinquency and lien shall be mailed to the owner of the property if his address is known by the administrator. The failure of the administrator to record the lien with the county recorder of deeds or to mail the notice of delinquency and lien to the owner of the property, or failure of the owner to receive such notice shall not affect the right of the village to foreclose the lien for unpaid bills as mentioned in section 82-267.

(Code 1977, § 6.45(k))

Sec. 82-267. Foreclosure of lien.

Property subject to a lien for unpaid sewer user service charges shall be sold for nonpayment of the unpaid sewer user service charges, 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 village. The village attorney is hereby authorized and directed to institute such proceedings in the name of the village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 90 days after it has been rendered.

(Code 1977, § 6.45(l))

Sec. 82-268. Sewerage revenue fund.

The administrator shall receive all revenues from the sewer user service charges and all other funds and moneys incident to the operation of the sewerage works as such funds and moneys may be delivered to him and deposit the funds and moneys in the account of the fund designated as the Sewerage Revenue Fund of the village. The administrator shall administer such fund in every respect in the manner provided in 65 ILCS 5/11-141-1 et seq., and all other laws amendatory thereof and supplementary thereto.

(Code 1977, § 6.45(m))

Sec. 82-269. Accounts.

(a) The administrator 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 revenue fund, and at regular annual intervals shall cause to be made an audit of the books to show the receipts and disbursements of such fund by the certified public accountants for the village.

(b) In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the sewerage works including a replacement cost, to indicate that sewer user service charges and industrial cost recovery charges do in fact comply with this chapter. In this regard, the financial information to be shown in the audit report shall include the following:

(1) Flow data showing total gallons of water consumption for the 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 sewerage works.

(5) Number of nonmetered users.

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

(Code 1977, § 6.47)

Sec. 82-270. Notice of rates.

A copy of sections 82-149 and sections 82-256 through 82-270 certified by the village clerk, shall be filed in the office of the recorder of deeds of the county, and shall be deemed public notice to all persons of the rates and charges of the village for sewer service and industrial cost recovery.

(Code 1977, § 6.48)

Secs. 82-271– 82-299. Reserved.

DIVISION 6.
MANAGEMENT OF FAT, OIL AND GREASE– PUBLIC SEWERS

Sec. 82-300. Title.

This division shall be known and may be referred to as "Village of Gurnee Sanitary Sewer Fat, Oil, and Grease (FOG) Ordinance".

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-301. Purpose.

The purpose of this division is to establish certain minimum reasonable rules and regulations for any food processing, food sales, or food service establishment or user connected to, or applying to connect to, the village sanitary sewer system regarding the collection and disposal of fat, oil, and grease in wastewater, not otherwise required to obtain and hold an industrial wastewater discharge permit from the U.S. Environmental Protection Agency and/or the Illinois Environmental Protection Agency. This division also establishes certain minimum reporting requirements for the disposal of fat, oil, and grease wastes.

Excessive fat, oil, and grease in wastewater can and does lead to sewer backups and overflows, creating a public health hazard. Excessive fat, oil, and grease in wastewater can and does interfere with sanitary sewer systems and the wastewater treatment process and pass-through can result in effluent discharges that violate NPDES permit water quality discharge standards.

Sanitary sewer systems and wastewater treatment plants, and the continued proper functioning of these facilities, can and should be protected by reasonable regulation of systems contributing fat, oil, and grease into the sewer systems owned by the village.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-302. Administration.

(a) General. The village shall enforce all of the provisions of this division, and shall act on any questions relating to the design or construction of grease recovery systems or devices, except as may otherwise be specifically provided by federal or state statute. The village shall also act as follows:

(b) Applications and permits. The village shall receive applications and issue permits for the siting and installation of grease recovery systems or devices, for all food processing, food sales, and food service establishments as defined herein. The village shall also review building plans, review grease recovery system(s) design plans, inspect the premises for which such installation permit(s) have been issued, and enforce compliance with the provisions of this division.

(c) Notices and orders. The village shall issue all necessary notices or orders necessary to insure compliance with all ordinance requirements. The village may revoke, in writing, any permit or approval held contrary to this division.

(d) Authority to enter premises. The village's authorized agent(s) or representative(s), after identification, shall have the authority to enter any property at any reasonable time to inspect for compliance with the provisions of this division. The village shall conduct regular inspections of each FOG-producing facility. The village may also make any necessary test, measurement, or sampling to determine compliance with ordinance requirements. No obstructions shall block the access to any grease trap or inspection manhole.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-303. Definitions.

The following words, terms, and phrases are hereby defined and shall be interpreted as such throughout this division:

Active interior recovery device (AIRD). An active automatic separator and remover of fat, oil, and grease from effluent or wastewater discharge that cleans itself of accumulated fat, oil, and grease at least once every 24 hours, utilizing an electromechanical apparatus to accomplish removal.

Clean-out. A pipe that extends from the ground surface to the interior of the passive exterior device (PED), or other grease recovery system device, so as to allow access, maintenance, and inspection of the interior of the device.

Inspection manhole. A manhole structure, located downstream of a grease recovery system, designed and constructed to provide access to a sewer pipe or sewer main for sampling and metering commercial wastes discharged to a public sewer. For existing FOG-producing facilities, where no inspection manhole exists or has been installed, the inspection manhole shall be at the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

Drainage fixture unit (DFU). A value used to determine the required drainage capacity from the fixtures and their service systems as defined in the Illinois Plumbing Code.

Effluent tee-pipe. A tee-shaped pipe extending from the ground surface into the PED to a depth allowing recovery of water located under the layer of fat, oil and grease to be discharged.

Exterior grease trap. A grease trap, located outside of the exterior walls of the building or structure, which contains baffles sufficient to allow a proper separation of grease from water.

FOG. Fat, oil, and grease.

FOG-producing facility. A food processing, food sales, or food service establishment, as hereinafter defined.

Food. Any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use, or for sale, barter, or exchange, in whole or part for human consumption.

Food processing establishment. A commercial establishment in which food is manufactured, or packaged for human consumption. The term does not include a food service establishment, retail food store, or commissary.

Food sales establishment. A retail and wholesale grocery store(s); retail seafood store(s); food processing plant(s); bakeries; confectionaries; fruit, nuts, and vegetable store(s), and places of business; and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off-premises.

Food service establishment. Any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts or other edible products. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles and operations connected therewith, and similar facilities by whatever name called or by whomever operated.

Grease recovery system. A system of interceptors, separators, traps, or grease recovery devices, which prevents free-floating grease, fat, and oil from entering the sewage system by recovering and removing these substances from water.

Grease-laden waste. Effluent discharge that is produced from food processing, food preparation, or other commercial source where grease, fat, and oil enter automatic dishwasher pre-rinse station, sinks or other appurtenances.

Grease trap. An interceptor, separator, or recovery vehicle that prevents free-floating grease, fat, and oil from entering the sewage disposal system. Also includes a passive interceptor whose rated flow exceeds 50 gallons per minute or minimum storage capacity of 500 gallons or more and which is located outside the building.

Hauler. A waste disposal firm, licensed by the Illinois Department of Agriculture, that hauls and disposes of fat, oil, and grease wastes as described in this division.

Newly constructed. Any new FOG-producing facility that has not been issued a final certificate of occupancy by the municipal building official as of the effective date of this division.

NPDES. National Pollutant Discharge Elimination System.

Passive exterior device (PED). An oil/water separating container that requires pumping and is housed outside a building or structure. A passive interceptor with no moving parts with a rated flow of greater than 50 gallons per minute.

Passive interior device (PID). An oil/water separating container that requires normal manual cleaning, by pumping or bailing, and is housed inside a building or structure. A passive interceptor with no moving parts with a rated flow of 50 gallons per minute or less that serves as a fixture trap and is located inside a building.

POTW. Publicly owned treatment works. May sometimes be known or referred to as a sewage treatment plant or wastewater reclamation facility or plant.

Pump-and-return method. The method of decanting or discharging of removed waste back into the grease recovery system from which waste was removed or to any other grease recovery system or sanitary sewer connection.

Remodeled. Any facility that requires a building permit to make planned changes to an existing or a new FOG-producing facility.

Significant industrial user. Any FOG-producing facility that requires an industrial wastewater discharge permit, issued by the local POTW pursuant to applicable federal and state laws and regulations.

Sludge. Any material or solids, either organic or inorganic, that has settled to the bottom of the grease trap.

Solids transfer/grease recovery device. An active automatic pretreatment device, which macerates coarse solids and separates/recovers free floating grease, fat, and oil from effluent. The device cleans itself of accumulated grease, fat, and oil at least once every 24 hours, utilizing electromechanical apparatus to accomplish recovery and removal.

Twenty-five percent rule (25% Rule). All grease traps and/or grease interceptors shall be cleaned based on the 25% Rule. FOR EXAMPLE: If the total depth of the PED is 40 inches, the maximum allowable depth (d) of floatable grease and settled sludge equals 40 inches multiplied by 0.25 or d = TD x 0.25 = 10 inches. Therefore, the maximum allowable depth of floatable grease and sludge of this vessel should not exceed ten inches.

User. Any FOG-producing facility, its owner(s) or operator(s), or their agent(s), that contributes to the village wastewater collection system.

Village. The Village of Gurnee, Lake County, Illinois.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-304. General requirements.

(a) Existing facilities. Every existing user shall have a grease recovery system. An existing user, serviced by a grease recovery system, that is noncompliant with the technical or design standards of this division, shall be permitted to continue discharging to the village wastewater collection system provided that the user's FOG discharge, as measured at the inspection manhole, does not exceed the village maximum discharge limit(s), as set forth by ordinance. The village may include conditions, restrictions, or performance standards on any existing user where that user is served by a noncompliant grease recovery system to minimize the risk of discharge(s) exceeding maximum discharge limits.

(b) Newly constructed or remodeled facilities. Every newly constructed or remodeled food processing, food sales, and food service establishment(s) (FOG-producing facilities) or user(s) that discharge water or wastes to a village sanitary sewer shall be required to install, operate, clean, and maintain a grease recovery system of appropriate size and design to achieve compliance with requirements of this division. Each FOG-producing facility shall have an inspection manhole installed and located at a point downstream of the grease recovery system. No person shall construct or install a grease recovery system without the prior approval of the village and issuance of a permit. Such approval shall include both the approval of a plan for the proposed grease recovery system construction or installation, and permission to conduct the work required.

(c) All users. The discharge from each grease recovery system, as measured from the inspection manhole, shall not exceed the village maximum discharge limit(s) as set forth by ordinance.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-305. System maintenance.

(a) General. All grease recovery systems, both existing and new, shall be maintained in a safe and sanitary condition, and in good working order, so that any discharge wherefrom, as measured from the inspection manhole, does not exceed the village maximum discharge limit(s).

(b) Maintenance responsibility. The owner(s), and any designated agent(s) shall be responsible for the maintenance of the grease recovery system for a FOG-producing facility at all times. All costs and expenses relating thereto shall be the responsibility of the owner(s).

(c) Maintenance requirements.

(1) All users shall maintain any grease recovery system so that the fat, oil, and grease discharge wherefrom, as measured from/at the inspection manhole, does not exceed the village maximum discharge limit(s).

(2) All grease traps, and all other grease recovery systems, shall have all floating material removed at a maximum of every 90 days. All grease traps and all other grease recovery systems shall be completely pumped out annually or when the contents of the trap exceed the 25% Rule. Annual maintenance, and maintenance due to exceeding the 25% Rule, shall include the complete recovery of all contents, including floating materials, wastewater, and bottom sludge and solids. The frequency of maintenance may be increased to comply with the village maximum discharge limit(s) or the manufacturer's recommendation. The frequency of removal shall be as often as necessary to prevent overflows of fat, oil, and grease entering into the village wastewater collection system.

(3) The pump-and-return method of decanting or discharging of removed waste back into the grease recovery system is prohibited.

(4) Any removal and hauling of fat, oil, and grease shall be performed by a licensed hauler.

(5) If any grease recovery system discharge wastes fail to meet the village maximum discharge limit(s), the village is authorized to demand or order the user to repair, replace, or upgrade its grease removal system, at the sole expense of the user.

(d) Maintenance records. Each user, at each FOG-producing facility, shall maintain proof of maintenance every time cleaning or maintenance of its grease recovery system(s) occurs. Records of such service shall be maintained by the user for a period of two years from the date of maintenance. Upon demand by the Village of Gurnee, maintenance records shall be provided within 24 hours.

Proof of maintenance shall include the following information provided by the user or the waste hauler:

(1) User information, including name, address, the volume or weight of waste pumped from each grease recovery system, and date and time of the pumping;

(2) Hauler information, including company name, address, state license/permit number, and disposal/receiving facility location information.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-306. Grease recovery systems– Design and performance standards.

(a) Where required. A grease recovery system(s) shall be installed, operated, and maintained in each FOG-producing facility that discharges into the village wastewater collection system. Each FOG-producing facility shall have an inspection manhole.

(b) Technology required. An approved grease recovery system shall consist of one or a combination of the following methods:

(1) Passive technology that is an approved exterior grease trap.

(2) Active technology including:

a. An approved grease recovery device; or

b. An approved solids transfer/grease recovery device.

(c) Prohibited discharge. Waste that does not contain grease, fat, or oil and that otherwise does not require grease separation treatment shall not be discharged into the grease recovery system. Wastewater from dishwasher machines or wastewater that otherwise exceeds 150 degrees Fahrenheit shall not be introduced into any grease recovery device. Food-waste grinders shall not discharge into the sewer system through a grease trap or grease recovery device.

(d) High temperature dishwasher discharge. Wastewater that exceeds 150 degrees Fahrenheit is prohibited from being discharged into the village wastewater collection system.

(e) Dumpsters/dumpster pads. Dumpsters/dumpster pads may be allowed to connect to the wastewater collection system under the following conditions:

(1) The dumpster/dumpster pad is covered and constructed to protect the sewer connection from stormwater runoff; and

(2) The drain is connected to an exterior grease trap of at least 1000 gallons, which will be maintained by the user in the method prescribed by this section for other exterior grease traps.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-307. Passive exterior device (PED) requirements.

(a) Each PED, or other grease recovery system device, design including size, type, and location shall be reviewed and approved by the village in substantial conformity with these requirements as follows:

(1) Shall be sized and engineered based upon the anticipated load and/or conditions of actual use.

(2) Shall be constructed of sound, durable material, not subject to excessive corrosion or decay, and shall be water and gas tight if PEDs are of precast or poured-in-place concrete.

(3) Shall be traffic-worthy with accessibility to both the influent and effluent tee pipes.

(4) Shall contain baffles sufficient to allow a proper separation of FOG from water.

(5) Shall be a minimum of 500 gallons and a maximum of 3,000 gallons in size. Multiple PEDs or other approved FOG recovery devices are allowed.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-308. Passive interior devices (PIDs).

PID volume shall be credited towards the total PED capacity.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-309. Sizing of PEDs.

(a) All PEDs shall have a minimum capacity of 500 gallons and a maximum capacity of 3,000 gallons. The design shall be in compliance with the following table, where the total number of drainage fixture units determine the grease trap size:
Number of Drainage Fixture Units (DFUs) Minimum Grease Trap Size in Gallons
<8 500
9– 21 750
22– 35 1,000
36– 90 1,250
91– 172 1,500
173– 216 2,000
217– 307 2,500
>308 3,000

(b) The inlet chamber of the vessel shall incorporate a sanitary-tee, which extends 12 inches below normal water level. The outlet chamber of the vessel shall incorporate a sanitary-tee that extends to within two feet of the bottom of the vessel. The sanitary-tees (both inlet and outlet) must be capped.

(c) Exemptions to sizing PEDs. Food service establishments that serve 18 or fewer meals per day, or serve only continental breakfast, may be granted an exemption from the sizing requirements for PEDs listed in this chapter.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-310. Active interior recovery device requirements.

AIRDs may be allowed in lieu of PEDs or other approved grease recovery system devices in accordance with the following conditions:

(a) The method of food preparation involves and/or creates little or no discharge of grease; or

(b) A technically logistical reason exists as to why an exterior grease trap cannot be installed (i.e., conflicts with existing utilities, elevation disparities, or location on a second floor).

(c) The installation or use of all grease recovery devices must be approved by the village.

(d) Grease recovery devices shall receive all grease-laden waste discharge from the major point sources. A floor drain may be considered a major point source as determined by the village plumbing inspector.

(e) Grease recovery devices shall be sized based upon the anticipated load and/or conditions of actual use and manufacturer's recommendation.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-311. Alternative methods and treatment agents.

(a) Alternative technology/methods. Engineered alternative technology or methods may be permitted, provided the technology or method meets the minimum performance standards set forth by this division.

(b) Biological or chemical treatment agents. The use of biological or chemical agents, intended to dissolve or emulsify grease so it may be discharged into the sanitary sewer, are not permitted.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-312. Inspections.

(a) Regular inspections. The village's designated agent(s) or representative(s) shall make or conduct regular inspections, as the village may deem necessary, of each FOG-producing facility to evaluate and enforce compliance with the provisions of this division.

(b) Inspection of newly constructed or remodeled FOG-producing facilities or grease recovery system replacement. The village's authorized agent(s) or representative(s), shall make or conduct those inspections deemed necessary by the village to assure compliance with permits issued. These inspections shall, at a minimum, consist of an initial or in-progress construction or installation site inspection, and a final inspection following completion of the permitted installation.

(c) Follow-up inspections. A user charged with a notice of violation (NOV), issued by the village, shall be inspected at any time within 30 days of the date of NOV issuance. Subsequent reinspection(s) may occur at any time for as long as the user is noncompliant under the original NOV.

(d) Demand inspections. Any time a sanitary sewer overflow (SSO) or blockage occurs at or downstream of a FOG-producing facility, a demand inspection shall be made or conducted by the village's designated agent(s) or representative(s). If the user or FOG-producing facility is found to be in violation of any provision of this division, and that violation(s) caused or resulted in the SSO or blockage, the user shall be responsible for the payment of the labor, equipment, and material cost(s) to correct the SSO or blockage.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-313. Notice of violation.

(a) General requirements. Whenever the village determines that there are reasonable grounds to believe that there is, or has been, a violation of any provision or section of this division, the village shall give notice of the alleged violation(s) to the user as herein provided. Such notice shall:

(1) Be in writing.

(2) Include a statement of the reason(s) for issuance of the notice.

(3) Allow a reasonable time for the performance of any act it requires.

(4) Be served upon the owner, or operator, as the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner, or operator, when a copy thereof has been sent by first class mail, postage prepaid, to his/her last known address as furnished to the village in his/her application for an installation permit, as the case may be, or, if served by any other method authorized by the laws of the State of Illinois; and

(5) Contain an outline of remedial action which is required to affect compliance with this division.

(b) Emergencies. Whenever an emergency exists, which requires immediate action to protect public health or safety, or public or private property from damage or destruction, the village may, without any administrative notice or procedure, issue an order or seek an injunction to require that such action be taken as may be deemed necessary to meet the emergency. Notwithstanding any other provision of this division, such order or injunction shall be effective immediately.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-314. Enforcement– Penalties and remedies.

(a) Any person or user who violates any provision or section of this division, or who violates any determination or order of the village under this division, shall be fined not more than $750.00 for each violation. Each day that a violation exists shall constitute a separate offense.

(b) The village may also take any other available legal action necessary to prevent or to remedy any violation, including, but not limited to appropriate equitable or injunctive relief or discontinuation of wastewater treatment service to the FOG-producing facility.

(Ord. No. 2009-31, § I, 4-20-2009)

Sec. 82-315. Other.

(a) Separability. The provisions of this division shall be deemed separable and the invalidity of any portion of this division shall not affect the validity of the remainder.

(b) Other law. This division is not intended to repeal or replace any existing statute, regulation, ordinance, or law which may have been adopted prior to the effective date of this division. The provisions of this division shall be held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare. Whenever a provision of this division and any other law or regulation overlap or are contradictory, the more stringent shall prevail. Compliance with this division does not release owner or user from compliance with the requirements of any other applicable federal, state, or local law or regulation.

(Ord. No. 2009-31, § I, 4-20-2009)

Secs. 82-316– 82-399. Reserved.

ARTICLE V.
ELECTRICITY AGGREGATION PROGRAM

Sec. 82-400. Definitions.

For the purpose of this article, the following terms shall have the following definitions:

Act shall mean the Illinois Power Agency Act, 20 ILCS 3855/1-92, as may be amended from time to time.

Customer shall mean recipients of residential and small commercial retail electric loads as provided in the act.

Electricity aggregation program shall mean a program pursuant to the act for the aggregation of residential and small commercial retail electric loads located within the corporate limits of the village that provides customers with the opportunity to opt out of participating in that program as provided in the act.

(Ord. No. 2012-23, § III, 4-2-2012)

Sec. 82-401. Aggregation of electrical load.

(a) The corporate authorities of the village are authorized to operate an electricity aggregation program pursuant to the act and for that purpose may solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those loads aggregated pursuant to the electricity aggregation program as provided in the act.

(b) The corporate authorities of the village may exercise the authority to operate the electricity aggregation program jointly with any other municipality or county and, in combination with two or more municipalities or counties, may initiate a process to jointly authorize the electricity aggregation program by a majority vote of each particular municipality or county as required by the act.

(Ord. No. 2012-23, § III, 4-2-2012)

Sec. 82-402. Opt-out program.

(a) The electricity aggregation program shall operate as an opt-out program whereby customers who do not wish to participate in the electricity aggregation program may opt out pursuant to the act.

(b) The village administrator or his designee, on behalf of the village, shall fully inform customers in advance, as provided in the act, that customers have the right to opt out of the electricity aggregation program. The disclosure provided to the customers shall comply with the requirements of the act and shall prominently state all charges to be made and shall include full disclosure of the cost to obtain service pursuant to section 16-603 of the act, how to access service, and the fact that service under section 16-603 of the act is available to customers without penalty if they are currently receiving service under section 16-603 of the act.

(c) Upon notification from any customer that the customer wishes to opt out of the electricity aggregation program, that customer shall be excluded from the electricity aggregation program.

(d) Except for those customers who opt out of the electricity aggregation program pursuant to this section 402 and the act, the electricity aggregation program shall automatically apply for each person owning, occupying, controlling, or using an electrical load center proposed to be aggregated in the corporate limits of the village.

(Ord. No. 2012-23, § III, 4-2-2012)

Sec. 82-403. Adoption of plan of operation and governance for the electricity aggregation program.

(a) The corporate authorities of the village, with the assistance from the Illinois Power Agency as required pursuant to the act, shall develop and approve a plan of operation and governance for the electricity aggregation program.

(b) Before adopting the plan of operation required under section 403(a) and the act, the corporate authorities shall hold at least two public hearings on the proposed plan. Before the first public hearing, the corporate authorities shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the village. The notice shall summarize the plan of operation and state the date, time, and location of each hearing.

(c) The plan of operation and governance for the electricity aggregation program shall:

(1) Provide for universal access to all applicable residential customers and equitable treatment of applicable residential customers,

(2) Describe demand management and energy efficiency services to be provided to each class of customers, and

(3) Meet any requirements established by law concerning aggregated service offered pursuant to the act.

(Ord. No. 2012-23, § III, 4-2-2012)

Sec. 82-404. Solicitation of bids.

The process for soliciting bids for electricity and other related services and awarding proposed agreements for the purchase of electricity and other related services for the electricity aggregation program shall be conducted pursuant to the act.

(Ord. No. 2012-23, § III, 4-2-2012)