O-77-50I I
ORDINANCE NO. 0 -77- 50
AN ORDINANCE AMENDING CHAPTER 16
OF THE MUNICIPAL CODE OF THE
VILLAGE OF DEERFIELD OF 1975
Published in pamphlet form this
1st day of August , 1977
by the President and Board of
Trustees of Deerfield.
ORDINANCE NO. 0 -77 -50
AN ORDINANCE AMENDING CHAPTER 16
OF THE MUNICIPAL CODE OF THE
VILLAGE OF DEERFIELD OF 1975
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Chapter 16 of the Municipal Code of the Village of
ONE: Deerfield of 1975, as amended, be and the same is hereby
further amended by adding thereto Section 16 -23 as follows:
"Sec. 16 -23.
There is hereby adopted by the President and Board of Trustees for
the purpose of regulating the Sewage System of the Village of Deer-
field, establishing the Sewer User Charge System and providing for
the Industrial Cost Recovery Program within the Village of Deerfield,
that certain enactment known as the "Village of Deerfield Sewer Use
and Industrial Cost Recovery Code ", of which not less than three (3)
copies have been and are now filed in the office of the Village
Engineer of the Village of Deerfield, and that the same is hereby adopted
and incorporated as fully as if set out at length herein, and from the
date on which this ordinance shall take effect, the provisions thereof
shall be controlling within the corporate limits of the Village of
Deerfield."
SECTION That all ordinances or parts of ordinances in conflict
TWO:, herewith are, to the extent of such conflict, hereby
repealed. Said repeal shall specifically include, but
not be limited to, that portion of Section 16 -18, as amended, of the
Municipal Code of Deerfield of 1975 which establishes the sewer rate per
month, but shall not include repeal of the special annual charge provided
therein.
SECTION That the Village Clerk is hereby directed to publish this
THREE: ordinance in pamphlet form.
SECTION That this ordinance shall be in full force and effect from
FOUR: and after its passage, approval and publication as provided
by law.
AYES: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this lst day of August A.D., 1977.
APPROVED this 1st day of August A.D., 1977.
VILLAGE PRESIDENT
ATTEST:
r �
VILLAGE CLERK
,r
Article I '
Definitions
Unless the context specifically indicates otherwise, the
meaning of terms used in this Ordinance shall be as follows:
101 -Act: The Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) as amended by the Federal Water Pollution Control Act
Amendments of 1972 (P.L. 92 -500) and P.L. 93 -243 and all rules
and regulations promulgated thereunder.
102 - Administrator: Administrator of the U.S. Environmental Pro-
tection Agency.
103-Approving Authority: The President and Board of Trustees of
the Village of Deerfield acting by and through the Superinten-
dent as defined herein, being their duly authorized agent or
representative.
104 -BOD (denoting Biochemical Oxygen Demand): The quantity of
oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure in five (5) days at 20 °C,
expressed in milligrams per liter.
105-Building Commissioner: The Director of Building and Zoning for
tTFe_V`IIIage ot Deer ield or his authorized deputy, agent or
representative.
106 - Building Drain: That part of the lowest piping of a drainage
system which receives the wastewater and other water -borne
waste inside the walls of a building and conveys it to the
building sewer or other approved point of discharge, beginning
five feet outside the inner face of the building wall.
107-Building Sewer: The extension of the building drain to the
pu is sewer or other place of disposal.
108 -Com atible Pollutant: Biochemical oxygen demand, suspended
solids, fecal coli orm bacteria, phosphorus and phosphorus
compounds, plus additional pollutants identified in the NPDES
permit issued to the Village.
109 - Control Manhole: A structure located on a site from which
industrial wastes are discharged. Where feasible, the manhole
shall have an interior drop.
110 - Domestic Wastes, Domestic Wastewater, or Sanitary Wastes:
Wastewater derived principally from dwellings but also includes
all wastewater derived from any device or equipment normally
found in dwellings which may be located on the properties owned
or operated by commercial or industrial users.
111- Eas;emett: An acquired legal right for the specific use of land
owned by others.
112- Federal Grant: le U.S. Government participation in the financing
o the construction of treatment works as provided for by Title
Iz of the Act Grants for Construction of Treatment Works.
113- FIbAtable Oil: Oil, fat or grease in a physical state such that
it'will separate by gravity from wastewater by treatment in an
approved retreatment facility. Wastewater shall be considered
free of f oatable oil if it is properly pretreated and the waste-
water does not interfere with the collection system.
114 -Garbage: Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and
sale of produce.
.115' -IEPA: Illinois Environmental Protection Agency.
116 - Incompatible Pollutant: Any pollutant which is not a compatible
pollutant and if transmitted to the sewage treatment plant will
deteriorate the lines, create noxious or explosive gases or will
interfere with the treatment process.
117 - Industrial Cost Recover : Recovery from the industrial users of
a treatment works o t e portions of the grant amount allocable
to treatment of wastes from such users pursuant to Section 204 (b)
of PL92= 500*and 40 CFR Part 35.928 (1) and (2).
118- TAdustrial.User: Zy _non - governmental user of publicly owned
treatment works id.ified, in the Standard Industrial Classi-
fication Manual, 1972`, Office of Management and Budget, as
amended and supplemented, under the following divisions:
(a) Division A-- Agriculture, Forestry and Fishing
(b) Division B -- Mining
(c) Division D-- Manufacturing
(d) Division E -- Transportation, Communications, Electric,
Gas, and Sanitary Services.
(e) Division I-- Services
A user in the divisions listed may:"be excluded 1f it is deter-
mined by the Village that it will introduce primary segregated
domestic wastes or wastes from plumbing fixtures.
119- Industrial Waste: Any solid, liquid or gaseous substance
discharged, permitted to flow or escape from any industrial,
manufacturing, commercial or business establishment or process
or from the development, recovery or processing of any natural
resource as distinct from sanitary sewage.
120 -Mayor Contributing Industry: An industrial user of the publicly
owned treatment works that: (a) Has a flow of 50,000 gallons or
more per average work day; (b) Has "a flow greater than five
percent of the flow carried by the municipal system receiving
the waste;. (c) Has in its waste, a toxic pollutant in toxic
amounts as defined in standards issued under Section 307 (a) of
the Act; or (d) Is found by the permit issuance authority, in
connection with the issuance of an NPDES permit to the publicly
owned treatment works receiving the waste, to have significant
impact, either singly or in combination with other contributing
industries, on that treatment works or upon the quality of
effluent from that treatment works.
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121 - Milligrams per Liter (mg /1): A unit of the loncentration of water
or wastewater constituent. It is 0.0.01 grams of the constituent
in 1,000 milliliters of water. It has replaced the'unit formerly
used commonly, parts per million, to which it is approximately
equivalent, in reporting the results of water and wastewater
analyses.
122 -New Wastewater Source: Any source constructed after the adoption
of this Ordinance. For the purposes of this Ordinance additions
to a dwelling unit shall not be considered a new wastewater source.
123 - Normal Domestic Strength Wastewater: For the purposes of this
Ordinance, normal domestic strength wastewater shall contain the
following constituents at the strengths indicated:
BOD 220 mmg/ 1
SS 240 mg/1
124- NPDES: (National Pollutant Discharge Elimination System) a permit
or equivalent document or requirement issued by the Administrator
or where appropriate by the IEPA, after enactment of the Federal
Water Pollution Control Amendments of 1972, to regulate the
discharge of pollutants pursuant to Section 402 of the Act.
125-Operation and Maintenance Costs: All costs, direct and indirect
(other than debt service) necessary to insure adequate waste-
water treatment on a continuing basis, conforming with related
Federal, State and local requirements, and assuring optimal long
term facility management, including, but not limited to, de-
preciation and replacement.
126 - Person: Shall mean any and all persons, natural or artificial,
including any individual, firm, company, municipal or private
corporation, association, society, institution, enterprise,
governmental, agency or other entity.
127 -PH: The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in grams per liter of solution.
It shall be determined by one of the procedures outlined in
"Standard Methods ".
128 - Pretreatment: The treatment of wastewater from sources before
introduction into the wastewater treatment works.
129-Prbperly Shredded Garbage: The wastes from the preparation,
cooking, an ispensing of food that have been shredded to such
a degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers, with no
particle greater than one -half (2) inch in any dimension.
130 - Public Sewer: A sewer provided by or subject to the jurisdiction
of the T—Ol age of Deerfield consisting of collector sewer, inter-
ceptor sewer, force main and pumping station.
131 - Replacement: Expenditures for obtaining and installing equip-
ment, accessories, or appurtenances which are necessary during
the service life of the treatment works to maintain the capacity
and performance for which such works were designed and constructed.
The term "operation and maintenance" includes replacement.
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132 - Residential Co m rcial User Non- CommerciallUser: Any user of
the treatment works not classified as an industrial user or
excluded as an industrial user as provided for by Section 118.
133-Sanitary Sewer: Sewer that conveys sewage or industrial wastes
or a combination of both, and into which storm, surface, and
groundwaters or unpolluted industrial wastes are not intentionally
admitted.
134 - Service Life: The period of time during which a component of
the aci iiies will be capable of performing a function.
135-Sewage: A combination of the water - carried wastes from residences,
business buildings, institutions, and industrial establishments,
together with such ground, surface, and storm waters as may be
present.
136 - Sewage Treatmei
and equipment
137- Sewer: A pipe
waste liquids,
138 - Sewerage: The
transportation
it Plant: Any arrangement of devices, structures
for sewage.
or conduit for conveying sewage or any other
including storm, surface and groundwater drainage.
system of sewers and appurtenances for the collection,
and pumping of sewage.
139 - Shall: Is mandatory; "May" is permissive.
140 -Slug: Any discharge of water, sewage, or industrial waste which
in concentration of any given constituent or in quantity of flow
that exceeds any period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty -four (24)
hour concentration or flows during normal operation.
141- ;Standard Methods: The examination and analytical procedures set
forth in the most recent edition of "Standard Methods for the
ExaminatiQn of Water, Sewage, and Industrial Wastes ", published
jointly by the American Public Health Association, the American
Water Works Association and the Federation of Sewage and Industrial
Wastes Association.
142 -5torm Sewer: A sewer that carries storm, surface and groundwater
drainage but excludes sewage and industrial wastes other than
unpolluted cooling water.
143- Stormwater Runoff: That portion of the rainfall that is drained
into.-the sewers.
144-Superintendent: The Director of Public Works for the Village of
Deerfield or his authorized deputy, agent or representative.
145 - Surcharge: An assessment in addition to the user charge defined
in Section.149 which is levied on those persons whose wastes are
greater in strength than the concentration values established as
representative of normal domestic wastewater as defined in
Section 123.
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146- Suspended Solids ISS): The solids that either float on the surface
of, or are in suspension in water, sewage or industrial waste,
and which are removable by a laboratory filtration device.
Quantitative determination of suspended solids shall be made in
accordance with procedures set forth in "Standard Methods ".
147-Unpolluted Water: Water with a quality equal to or better than
the ettluent criteria in effect, or water that would not cause
a violation of receiving water quality standards and would not
be benefited by discharge to the sanitary sewers and wastewater
treatment facilities provided.
148 - Useful Life: The estimated period which the treatment works will
be operated and which shall be 30 years from the date of start -up
of any wastewater facilities constructed with a federal grant.
149 -User Char e: A charge levied on users of treatment works for
the cost of operation and maintenance including replacement of
such works pursuant to Section 204 (b) of the Act.
150 -User Class: The type of user, either "residential ", "commercial ",
non - commercial" or "industrial ", as defined in Section 132 or
Section 118.
151 - Vil�la e "�: The Village of Deerfield; any reference to "Within the
Village" shall mean all territory within the perimeter of the
Village of Deerfield boundaries.
152 - Village Board: The Board of Trustees of the Village of Deerfield.
153 - Village Clerk: The Clerk of the Village of Deerfield.
154 - Village Engineer: The Engineer of the Village of Deerfield.
155. - Village Treasurer: The Treasurer 'of the Village of Deerfield.
156 - Wastewater: The spent water of a community which may be a
com ination of the liquid and water - carried wastes from resi-
dences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater
that may be present.
157 - Wastewater Facilities: The structures, equipment and processes
require 'to co ect, carry away and treat domestic, commercial
and industrial wastes and dispose of the effluent.
158'- Wastewater Service Charge: The charge per quarter or month
levied on all users of the Wastewater Facilities. The service
charge shall be computed as outlined in Article IV and shall
be the User Charge.
159 - Wastewater Treatment Works: An arrangement of devices and
structures for treating wastewater, industrial wastes and sludge.
Sometimes used as synonymous with "wastewater treatment plant"
or ''sewage treatment plant" or "pollution control plant ".
160 - Watercourse: A channel in which a flow of water occurs, either
continuously or intermittently.
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f Article II '
Use of Public Sewers
201 -Use of Sewers Required: The owner of all houses, buildings, or
properties used human occupancy, employment, recreation, or
other purpose, situated within the Village and abutting on any
street, alley, or right -of -way in which there is now located or
may in the future be located a public sanitary sewer of the
Village, is hereby required at his expense to install suitable
toilet facilities therein and to connect such facilities directly
with the proper public sewer within 90 days after the official
notice to do so, provided that such public sewer.is within 400
feet of the nearest property line.
202 - Unlawful Construction of Sewage Facilities: Except as herein -
a ter provided, it shall be unlawful to construct any privy,
privy vault, septic tank, cesspool, or other facilities intended
or used for the disposal of sewage.
203- Unlawful Deposition of Wastes: It shall be unlawful for any
person to place, deposit, or permit to be deposited in an
unsanitary manner upon public or private property- within the
.Village, or in any area under the jurisdiction of the Village,
any human or animal excrement, garbage or other objectionable
waste.
204- Unlawful Discharge of Wastes: It shall be unlawful to discharge
to any water course within the Village, or in 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 provision of this Ordinance.
205 -Storm and Unpolluted Waters not Allowed: No person shall dis-
c arge or cause to be discharg e any stormwater, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water, or unpolluted industrial process waters to any
sanitary sewer.
206-Discharge of Storm and Unpolluted Waters: Stormwater and all
of er unpolluted rainage shall be discHarged to such sewers
as are specifically designated as storm sewers. Industrial
cooling water or unpolluted process waters may be discharged,
by approval of the Superintendent, to a storm sewer.
207- Prohibited Waste: No person shall discharge or cause to be
...discharged the ollowing -'described substances, materials, waters,
or wastes to Any public sewers:
(A) Any gasoline, benzene, naptha, fuel oil, or other flammable
or explosive liquid, solid, or gas.
(B) Any waters or wastes containing toxic or poisonous solids
by interaction with other wastes, to injure or interfere
with any sewage treatment process, constitute a hazard to
humans or animals, create any hazard in the receiving waters
of the sewage treatment plant, or to cause the effluent from
the treatment works to violate applicable effluent standards.
(C) Any waters.orlwastes having a PH lower In 5.5 or higher
than 9.0 or having any other corrosive property capable of
causing damage or hazard to structure, equipment, and
personnel operating the sewage treatment works.
(D) Solids or viscous substances in quantities or of such size
capable of causing obstruction to the flow in sewers, or
other interference with the proper operation of the sewage
treatment works including, but not limited to, ashes, cinders,
sand, mud, straw, 'shavings, metal, glass, rags, feathers, tar,
plastics, woods, unground garbage, whole blood, paunch manure,
hair and fleshings, entrails, paper dishes, cups, milk con-
tainers, etc. either whole or ground by garbage grinders.
(E) Any liquid or vapor having a temperature higher than one
hundred fifty degrees Fahrenheit (150 °).
(F) Any water or waste containing fats, wax, grease or oils,
whether emulsified or not, in excess of one hundred (100)''
mg /l or containing substances which may solidify or become
viscous at temperatures between thirty -two degrees Fahren-
heit (320) and one hundred fifty degrees Fahrenheit (1501).
(G) Any garbage that has not been properly shredded. The dis-
charge of garbage to.the wastewater facility by any user
except a domestic user shall be subject to review by the
Superintendent and may be rejected if it is determined that
there is inadequate treatment capacity available.
(H) Any waters or wastes containing strong acid pickling wastes,
or concentrated plating solutions whether neutralized or not.
(I) Any waters containing MERCURY or any of its compounds in
excess of 0.0005 mg /l as HG at any time.
(J) No waste discharged to municipal sewer system shall contain
detectable levels of CYANIDE at any time except as permitted
below:
Any person desiring to discharge cyanide or cyanogen compounds
to the municipal sewer system shall apply for and procure prior.
approval from the. Village. The application shall contain
sufficient information on discharge concentrations, flows, etc.
to provide adequate data to enable the Village and its repre-
sentatives to" evaluate the discharge and secure the required
UPA approval.
When permitted, total cyanide shall not exceed 10 mg /l pro-
vided any sample tested shall not release more than 2 mg /l of
cyanide when tested at a PH of 4.5 and at a temperature of 1500
for a period of 30 minutes. Such discharges shall be permitted
only when the IEPA has determined that no violation of the
effluent criteria of 0.025 mg /l concentration (along or in
combination with other sources) will not result from such
discharge.
(K) Any waters or wastes containing phenols or other taste -or -odor
producing substances, in such concentrations exceeding limits
which may be established by the Superintendent as necessary,
after treatment of the composite sewage, to meet the require-
ments of the State, Federal, or other public agencies having
jurisdiction of such disbharge to the receiving waters.
(L) Any radioactive wastes or isotopes of such half -life or con-
centration as may exceed limits established by the Superinten-
dent in compliance with applicable State or Federal regulations.
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(M) Wastes at a fLow rate and /or pollutant ditcharge rate which
is excessive over relatively short time periods so that there
is a treatment process upset and subsequent loss of treatment
efficiency. Provided, however, that concentration of any
given constituent or quantity of flow shall not exceed five
times the average 24 hour concentration or flows during normal
operation for any period exceeding 15 minutes.
(N) Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as,
but not limited to, Fullers earth, lime slurries, and lime
residues) or of dissolved solids (such as, but not limited
to, sodium chloride and sodium sulfate).
(2) Excessive discoloration (such as, but not limited to, dye
wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand, or chlorine require-
ments in such quantities as to constitute a significant
load on the sewage treatment works.
(0) Any wastes which along or in combination with other wastes will
cause the violation of any effluent or stream standard estab-
lished by the IEPA or by authority of the Act.
(P) 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 sewage treatment plant effluent cannot meet the re-
quirements of other agencies having jurisdiction over dis-
charge to the receiving waters including the NPDES permit
requirements.
208 - Abatement of Prohibited Waste Discharge: If any waters or wastes
are discharged, or are proposed to be discharged to the public
sewers and contain the substances or possess the characteristics
enumerated in Section 207 of this article, and /or which are in
violation of the standards for pretreatment provided in Chapter 1,
EPA Rules and Regulations, subchapter D, Water Programs Part
128 - Pretreatment Standards, Federal Register Volume 38, No. 215,
Thursday, November 8, 1973, and amendments thereto, and which in
the judgement of the Superintendent may have a deleterious effect
upon the sewage works, processes, equipment of receiving waters, or
which otherwise create a hazard to life or constitute a public
nuisance, the Superintendent may:
(1) Reject the wastes, and require the violator to cease and
desist discharging said materials into the sewer system
immediately.
(2) Require pretreatment to an acceptable condition for discharge
to the public sewers.
(3) Require control over the quantities and rates of discharge
and also require payment to cover the added costs of handling
and treating the wastes not covered by the existing sewer
charges.
209 - Grease Oil and Sand Interceptors: (a) A grease interceptor (trap)
shall be installed if the grease content of the wastewater exceeds
100 mg /1. The grease trap shall be located so that it may be
readily cleaned and inspected. Each grease trap shall be sized
so that it will continuously produce an effluent containing less
than 100 mg /l of fats or grease. Each grease trap shall be prop-
erly installed and maintained at no cost to the Village. (b) An
oil or sand interceptor shall be installed if required by the
Superintendent to prevent the entrance of sand or similar granular
I
material, or oil into the wastewater facilities of the.Village.
Said interceptor shall be properly constructed and continuously
maintained at no cost to the Village.
210-Pre-discharge Facilities Maintenance: Where preliminary treatment
or low- equalizing facilities are provided for any waters or
wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner at his expense.
211 - Control Manhole: Each new industrial user shall be required to
install a control manhole, and when required by the Superintendent,
the owner of any property serviced by an existing building sewer
carrying industrial or commercial wastes shall install a suitable
control manhole, together with such necessary meters and other
appurtenances in the building sewer to facilitate observation,
sampling, and measurement of the wastes. Such manhole, when
required, shall be accessibly and safely located and shall be con-
structed 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.
212 - Measurements, Tests, Analyses: All measurements, tests, and
ana yses o 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" as defined herein or
methods approved by the IEPA of "Manual of Laboratory Methods for
Sewage Plants" published by the Illinois Department of Public
Health. Substances shall be determined at the control manhole if
provided,-upon suitable samples taken at said control manhole or
if no control manhole is available, sampling shall be carried out
by customary methods to reflect the effect of constituents upon
the sewage works and to determine the existence of hazards to per-
sons and property. (The particular analyses involved will deter-
mine whether a twenty -four (24) hour composite of all outfalls
are appropriate or whether a grab sample or samples should be
taken). BOD and suspended solids analyses are obtained from
twenty -four (24) hour composites of all outfalls whereas PH's are
determined from periodic grab samples.
Any $erson discharging wastes having concentrations greater than
the 'Normal Domestic Wastewater" concentrations as defined herein
shall upon notification by the Village install a composite sampler
with a compatible pacing (metering) device for monitoring said
substances. The pacing and sampling devices shall be of a type
approved by the Superintendent. All testing and measuring pro-
cedures for the analyses of pollutants shall be in conformance
with Title 40 -CFR -Part 136. The cost of all required measurements,
tests and analyses shall be borne by the person discharging the
waste.
213- Protection From Damage: No unauthorized person shall maliciously,
will ully, or negligently break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance, or equipment which is a
part of the sewage works. Any person violating this provision shall
be subject to immediate arrest under charge of damage to municipal
property.
214 - Powers and Authority of Inspectors-Inspections: The Superintendent
and other duly authorized employees ot the Village bearing proper
credentials and identification shall be permitted to enter all
properties and improvements located thereon for the purposes of
-inspection,.observation, measurements; sampling,° and testing in
accordance with the provisions of the Ordinance. The Superinten-
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. 1
dent or his representatives shall have no aujority to inquire
into any processes including metallurgical, chemical, oil, refining,
ceramic, paper, or other industries except as to matters having a
direct bearing on the kind and source of discharge to the sewers
or waterways or facilities for waste treatment.
215-Inspection on Easements: The Superintendent and other duly
authorized employees of the Village bearing proper credentials and
identification shall be permitted to enter all private properties
through which the Village holds an easement for the observation,
measurement, sampling, repair, and maintenance of any - portion of
the sewage works lying within said easement. All entry and sub-
sequent work, if any, on said easement, shall be done in full
accordance with the terms of the easement pertaining to the private
property involved.
216 - Penalties:
a Any person found to be violating any provision of this article
except Section 213, shall be served by the Village with written
notice stating the nature of the violation and providing a reason-
able time limit for the satisfactory correction therof. The viola-
tor shall, within the period of time stated in such notice, per -
manently cease all violations.
(b) Any person who shall continue any violation beyond the time
limit provided for in Section 216 (a), shall be charged with a
misdemeanor, and on conviction thereof shall be fined in the
amount not to exceed five hundred ($500.00) dollars 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 article
shall become liable to the Village for any expense, loss or damage
occasioned the Village by reason of such violation.-
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Article III
Private Sewage Disposal
301 -No person shall construct a wastewater treatment facility within
the Village or in any area under the jurisdiction of the Village
for the purpose of treating domestic wastewater and discharging
same to a water course.
302 -No person shall construct a wastewater treatment facility within
the corporate limits of the Village for the purpose of treating
industrial wastes and discharging same to a water course unless
the Village Board issues a permit for the construction and opera-
tion of a wastewater treatment facility. No Village permit shall
become effective until:
1. An IEPA permit to construct and operate the facility has
been received.
2. An NPDES permit has been received.
3. The Village Engineer has approved the plans and specifi-
cations in writing.
303 - Persons operating a wastewater treatment facility shall file copies
of all operating reports sent to the United Environmental Protection
Agency and the IEPA with the Superintendent and such other reports
as the Superintendent deems necessary.
304 -No person shall construct a private wastewater treatment facility
with subsurface disposal of the effluent if the expected flow
exceeds. 1000 gals. per day of the system is intended to serve more
than one building.
305 -Where a ublic sewer is not available under the provisions of
Section 201, a private wastewater treatment facility employing
subsurface absorption facilities may be installed.
3Q6- 13efore commencement of construction of a private wastewater treat-
ment facility employing subsurface absorption facilities, the owner
shall first obtain a written permit signed by the Building Com-
missioner. The Application for such permit shall be made on a
form furnished by the Village, which the applicant shall supple-
ment with any plans, specifications and other information:as are
deemed necessary by the Superintendent and the Building Commissioner.
A permit and inspection fee shall be paid to the Village Treasurer
at a time the application is filed, and shall be in such amount as
the Village Board may from time to time establish by ordinance.
307 -The Superintendent shall be allowed to inspect the work at any
stage of construction and, in any event, the applicant for the
permit shall notify the Superintendent when the work is ready for
final inspection, and before any underground portions are covered.
The inspection shall be made within 48 hours of the receipt of
notice by the Superintendent, except that no inspections will be
made at any time other than regular Village working hours.
308 -The type, capacities, location and layout of a private sewage
disposal system shall comply with all recommendation, regulations,
and provisions of the Department of Public Health of the State of
Illinois and the Lake County Health Department. No permit shall
be issued for any private wastewater treatment facility employing
subsurface soil absorption facilities where the area of the property
is less than 36,000 sq. ft. No septic tank shall be permitted to
discharge to any public sewer or water course.
309 -At such time as a public sewer becomes available to a property
served by a private sewage disposal system, as provided in Section
201, a direct connection shall be made to the public sewer after
notification by the Superintendent and any septic tanks, cesspools
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I
and similar private sewage disposal facilities, shall be abandoned.
310 -The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times; at no expense to the
Village.
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1
Article IV �
Wastewater Service Charge
401 -Basis for Wastewater Service Charge: The Village of Deerfield
must adhere to the requirements o Title 40- Protection of the
Environment, Chapter 1, Environmental Protection Agency, Subchapter
B- Grants, Part 35 -State and Local Assistance, Final Grant Regula-
tions, effective February 11, 1974 and all subsequent enactments
and regulations issued pursuant to the Federal Water Pollution
Control Act of 1972. The wastewater service charges for the use
and for services supplied by the wastewater facilities of the
Village shall consist of a user charge for operation and mainte-
nance plus replacement and surcharge where applicable.
402 - Normal Domestic Waste: All wastes, the strength of which does not
exceeT a 220 mg 1, 240 mg /l concentration for BOD and SS respec-
tively, shall, for billing purposes, be considered to be normal
domestic waste. User charges for normal domestic wastes shall be
based on flow alone.
403 - Measurement of Flow: The volume of flow used for computing user
charges and sure arges shall be the metered water consumption
read to the lowest even increments of one hundred cubic feet.
Any person discharging wastes into the public sewers who procures
any part, or all, of his water from sources other than the public
waterworks system, all,or a part of which is discharged into the
public sewers, shall install and maintain, at his expense, water
meters of a type approved by the Superintendent for the purpose
of determining the volume of water obtained from other sources.
Devices for measuring the volume of waste discharged may be re-
quired by the Superintendent if these volumes cannot otherwise
be determined from the meterwater consumption records.
The charges to premises outside the corporate limits served by
the municipal sewerage system shall be one and one -half (12)
times the charge for similar service to premises inside the
corporate limits, except in those cases where the owner or
occupant of said premises remains responsible for the maintenance
of that portion of the municipal sewerage system serving said
premises.
404 -User Charge: The User Charge shall be based on water usage as
recorded by water meters and /or sewage meters. Where bills are
rendered for more than one month, the amount of water used monthly
shall be determined by dividing the total cubic feet of water used
by the number of months, or portion thereof, which the bill covers.
The bill for each billing period for all premises used for resi-
dential purposes that have been occupied during the preceding
winter, shall be based on the water used during the billing period
which included the preceding month of January and for any lot,
parcel of land, building or premises other than premises used for
residential purposes, such rates and charges shall be based on the
amount of water used thereon during the current billing period as
the same as measured by the water meter there in use.
The cost of operation and maintenance plus replacement shall be
computed as follows:
1. Estimate projected revenue required to operate and maintain the
wastewater facilities, less the estimated amount of revenue to
be received from surcharges for the next fiscal year.
2. Proportion the estimated costs to wastewater operations.
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r
3. Estimate the total amount of wastewater tj be billed and the
total amount of BOD and SS to be treated.
4. Compute the cost per 100 cubic feet for flow, BOD and SS. Add
these costs together to determine User Charge.
405- Surchar e: A surcharge will be levied on all users whose wastes
exceed the concentration for BOD and SS in normal domestic waste-
water. The surcharge shall be expressed as dollars per pound of
each constituent (BOD,SS). The surcharge will be based on water
usage as recorded by water meters and /or sewage meters for all
wastes which exceed the Normal Domestic Wastewater levels.
The concentration of wastes used for computing surcharges shall
be established by waste sampling. Waste sampling shall be per-
formed as often as may be deemed necessary by the Superintendent
and the Superintendent's sampling shall be determinative as a
basis for surcharge.
The number of pounds of each constituent from each user subject
to a surcharge shall be computed monthly as follows:
BOD (pounds) _ (Average BOD analysis for month in mg /1 -220)x
total flow .(MG)'-'x 8.34; -
.SS (pounds) = (Average SS analysis for month in mg /1 -240) x
total flow (MG) .x 8.3.4 ,
Total flow for the month shall be either water meter or sewage
flow meter readings and shall be expressed in units of one million
gallons (MG).
The surcharge shall be determined by applying the surcharge rate
.to the additional BOD and SS exceeding Normal Domestic Wastewater
as determined by the preceding formula.
406-Summary of Users: Annually and concurrently with the determination
ot the cost of operation and maintenance, the Village shall list
all users. The list shall disclose all users discharging indus-
trial wastes and /or subject to a surcharge. Where a user dis-
charges industrial wastes and /or is subject to a surcharge, an`
estimate of the volume and strength of said wastewater shall be
made along with an estimate of the revenue expected to be received
from the surcharge
407 -Chan e in Classification of User: If at any time during the
fiscal year, the average analysis of all wastewater from all
sources from any user indicates that the wastewater discharged
exceeds the strength of normal domestic wastes in any constituent
or that the wastewater contains industrial, wastes, the Village
shall: a) Require such user to install such measuring and.sampling
equipment as required to determine the proper classification of
the user. If the determination is that the user classification
must be changed, such user shall be so advised by letter and
commencing with the next quarter, the user will be charged the
rate for'the new classification and if such user is classified
as an industrial user, such user thereafter shall be subject to
the provisions of Article V.
408'-WAstewater Rates: There shall be and are hereby established rates
or charges or the use and for the service supplied by the waste-
water facilities of the Village of Deerfield based on the amount of
wastewater discharged to the wastewater facilities plus a surcharge
for the wastewater, the strength of which exceeds normal domestic
wastewater. The rate shall be recomputed annually and shall provide
adequate funds for the operation maintenance and replacement of the
facilities and such other costs as may be deemed necessary by the
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Village Board.
The rates are as follows:
User Charge -
Wastewater Service Charge
$0.64/100 cubic feet
Outside Corporate Limits - 12 times User Charge, except
where owner or occupant is
responsible for maintenance
of the Municipal system
(See Section 403)
Minimum Bill - $4.00 /quarter
Surcharge for Extra Strength Wastewater
BOD per pound $0.09
SS per pound $0.13
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Article V
Industrial Cost Recovery
501 - Industrial Cost Recovery Required: Each industrial user shall pay
that portion of any federal grant obtained by the Village for the
financing of the construction of wastewater treatment works,
allocable to the treatment of the wastewater from such user as
required by the Act and rules, regulations and guidelines promul-
gated thereunder.
502 - Length of Industrial Cost Recovery Period: The industrial cost
recovery period shall be equal to the service life of the waste-
water treatment facilities which shall be 30 years from the time
of start -up of the wastewater treatment facilities.
503-Charge for Industrial Cost Recovery: At the completion of the
work using federal grant funds, the Village shall determine the
percentage of the federal grant allocable to the flow, BOD and SS.
The dollar value of each constituent shall also be determined and
expressed in dollars per 1000 gal. of design average dry weather
flow and dollars per pound for BOD and SS at design load. Each
year during the industrial cost recovery period, each industrial
user of the treatment works shall pay the higher of the dollar
cost allocable to its flow, BOD and SS times the Industrial
Recovery rate as set forth in Section 504, divided by the recovery
period or the average daily industrial flow expressed as a fraction
of the design dry weather flow of the treatment works times the
total grant amount subject to ICR divided by the recovery period.
The total grant amount subject to ICR is $3,581,502. Where an
industry is connected to a public sewer after the start -up of the
facilities constructed under a federal grant, such industry shall
pay, only its portion of the federal grant for each quarter re-
maining in'the recovery period. Such industry will not be required
to pay for those quarters of the recovery period prior to connection
to the public sewer.
504 - Industrial Cost Recovery Rate:
Flow --------------------- $ 537.23 per thousand (1000) gallons.
BOD---------------- - - - - -- 162.80 per pound.
SS - - -- - - - -- 179.OVper pound.
505' -Pa ents and Billing Periods for Industrial Cost Recovery: For the
purpose of industrial cost recovery, the isca year shall be
divided into quarterly periods, said periods to begin on the first
day of May, August, November and February, respectively, and all
industrial users in the Village shall pay the cost as determined
by Section 503 for industrial cost recovery and such payments shall
be made quarterly by the fifteenth day of the month, immediately
following the expiration of the quarterly period.
In the event such bills are not paid within fifteen (15) days, an
additional, service charge of ten percent (10 %) shall be added thereto.
506-Delinguency and Termination of Service: In the event the charges
or industrial cost recovery are not paid within thirty (30) days
after invoicing, then such service charges shall be deemed and are
hereby declared to be delinquent, and thereafter such delinquent
charge shall constitute a lien upon the real estate for which such
sewer services were supplied. The Village Clerk is hereby authorized
and directed each quarter to file sworn statements showing such
delinquencies in the office of the Recorder of Deeds of Lake County,
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Illinois, and the filing of such statements fall be deemed notice
of a lien for the payment of such charges for sewer setvice. If
the delinquency in the payment of the recovery cost continues for
a period of more than thirty (30) days, the sewer service shall be
discontinued.
507 -Time of First Payment: The initial payment made by an industrial
user connected to a public sewer after the start -up of the treat-
ment works constructed with a federal grant shall be made by the
next scheduled due date�'as defined in Section 505 and shall be
equal to one - quarter (4) of the amount as determined by Section 503.
508 - Adjustment of Charge Due to Strength or Volume Changes: If there
is a change in the strength and/or volume introduced into the treat-
ment works by an industrial user as determined by the previous year
records, the Village shall adjust the user's portion of any federal
grant accordingly. Such change shall be determined by Section 503.
509 - Adjustment of Charge Due to Plant Improvement Utilizing Federal
Grant Funds: ..1t there is an expansion or upgrading of the treat-
ment works utilizing a federal grant, each existing industrial
user's share shall be adjusted in accordance with existing or
firmly committed use of plant capacities in accordance with Title
40 -CFR- 35,928 -1(g).
510 -No Charge for Unused or Unreserved Capacity: An industrial user's
portion of any federal grant shall not include any portion of the
grant amount allocable to unused or unreserved capacity.
511 - Commitment for Increased Use: An industrial user s portion of
any federal grant shal include any such capacity reserved by a
firm commitment to the Village for increased future use.
512-Payment to U.S. Treasury Required: The Village shall retain 50
percent of the Industrial Cost Recovery received from industrial
users. The remainder, together with any interest earned theron,
shall be returned to the U.S. Treasury on an annual basis.
513-Disposition of Retained Amounts: Eighty percent (80 %) of the
retained amounts, together with interest earned thereon,tbhAll
be used solely for the eligible costs (in accordance with Title
40CFR 35.940) of expansion or reconstruction of treatment works
associated with the project and necessary to meet the require -
ments of the Act. The Village shall obtain the written approval
of the Regional Administrator of the USEPA prior to the commit-
ment of the retained amounts for any expansion and /or recon-
struction. The remainder of the retained amounts may be used
for any expenditures as the Village deems appropriate.
514 - Investment of Retained Amount Required: Pending use, the Village
shall invest the retained amounts for reconstruction and expansion
in:
(1) Obligations of the U.S. Government
or
(2) Obligations guaranteed as to principal and
interest by the U.S. Government or any agency
thereof;
or
(3) Shall deposit such amounts in accounts fully guaranteed
as to principal and interest by the U..S. Government or
any agency thereof.
515-Village Treasurer Res onsibilit The Village Treasurer shall
maintain the necessary record or determination of the user share
of the cost and shall be responsible for the investment and expendi-
ture of all monies collected for industrial cost recovery in accor-
dance with Section 511, Section 512, Section 513 and Section 514
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and shall provide the billing and collection ervices as required
by Section 503.
516-Monitoring Required: The Superintendent shall maintain a program
o -monitoring industrial user discharge as deemed necessary at the
discretion of the Superintendent. Any industrial user may be
monitored up to twelve (12) times annually. Other industrial users
shall be monitored at such frequency as deemed necessary by the
Superintendent. Monitoring shall consist of taking and testing
of grab samples or 24 hour composite samples as deemed necessary
by the Superintendent for determination of the BOD and SS. The
monitoring data collected shall be used to determine the charges
in accordance with Section 503.