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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That all ordinances or parts of ordinances in conflict TWO:, herewith are, to the extent of such conflict, hereby repealed.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. - 2 - 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. - 3 - 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. - 4 - 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. - 5 - 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. - 7 - (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- - 9 - . 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.- - 10 - 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 - 11 - 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. - 12 - 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. - 13 - 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 - 14 - 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 - 15 - 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, - 16 - 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 - 17 - 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.