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O-13-51VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-51 AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 15, "PLUMBING AND SEWERS," OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, AS AMENDED PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of November , 2013. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4tMay of November , 2013. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-51 AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 16, "PLUMBING AND SEWERS," OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, AS AMENDED BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Chapter 16 entitled "Plumbing and Sewers" of the Municipal Code of the Village of Deerfield, as amended, be and the same is hereby amended to read as follows: ARTICLE I Definitions and Word Usage Sec. 16-01. Definitions. For purposes of this Chapter the word "shall" is mandatory, and the word "may" is permissible. Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows: 1) "Administrator" means that administrator of the United States Environmental Protection Agency. 2) `Beneficial interest" shall mean any interest, regardless of how small or minimal such interest may be, in a land trust held by a trustee for the benefit of beneficiaries of such land trust. 3) "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 centigrade, expressed in milligrams per liter 4) 'Building drain" shall mean that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer or other approved point of discharge, which begins five (5) feet outside the interface of the building wall. 5) 'Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. -I- 6) "Combined sewer" shall mean a sewer that is designed and intended to receive waste water, storm, surface, and ground water drainage. 7) "Commercial Unit" shall mean all premises that are not residential units, that have plumbing fixtures connected to the Village sanitary sewer system, and which are designed for use and occupancy by the owner of the premises or by an individual tenant. 8) "Commercial user" shall include transit lodging, retail and wholesale establishments, or places involved in selling merchandise or rendering services. 9) "Control manhole" shall mean a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "control manhole" is to provide access for a Village representative to sample and or measure discharges. 10) "Director" means the Director of the Illinois Environmental Protection Agency. 11) "Director of Finance" shall mean the Director of Finance of the Village of Deerfield or such other official who shall perform the duties and functions ordinarily performed by the Director of Finance. 12) "Director of Public Works and Engineering" shall mean the Director of Public Works and Engineering of the Village of Dccrfteld or designee, or such other Village officer who shall perform the duties and functions ordinarily performed by the Director of Public Works and Engineering. 13) "Easement" shall mean an acquired legal right for the specific use of land owned by others. 14) "Effluent criteria" are defined in applicable "NPDES Permit." 15) "Federal Act" means the Federal Clean Water Act (33 U.S.C. 466 et seq.) as amended, (Pub. L. 95 -217). 16) "Floatable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly treated and the wastewater does not interfere with the collection system. 17) "Garbage" shall mean solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food. 18) "IEPA" shall mean the Illinois Environment Protection Agency. 19) "Industrial users" shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products. -2- 20) "Industrial waste" will mean any solid, liquid, or gaseous substance discharged, permitted to flow, or escaping from any industrial, manufacturing, commercial, or business establishment or process or from the development, recovery, or processing of any natural resource as distinct from sanitary sewage. 21) "Institutional/governmental user" shall include school, churches, penal institutions, and users associated with Federal, State, and local governments. 22) "Major contributing industry" shall mean an industrial user of the publicly owned treatment works that: a) has a flow of 50,000 gallons or more per average work day; or b) has a flow greater than 10% 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 Federal Act; or d) is found by the permit issuing authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works. 23) "Manager" shall mean the Village Manager of the Village of Deerfield, or his designee. 24) "Milligrams per liter" shall mean a unit of concentration of water or waste water constituent. It is 0.001 grams of the constituent in 1, 000 milliliters of water. It has replaced the unit formerly used, parts per million, to which it is approximately equivalent, in reporting the results of water and waste water analysis. 25) "Natural outlet" shall mean any outlet into a water course, pond, ditch, lake, or other body of surface or ground water. 26) "NPDES permit" means any permit or equivalent document or requirements issued by the Administrator, or, where appropriate, by the Director, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to section 402 of the Federal Act. 27) "Operation and Maintenance Cost" shall include all costs associated with the operation and maintenance of the sewerage system and the wastewater treatment work, and further includes administrative and replacement costs. 28) "Ordinance" means this ordinance. 29) "Person" shall mean any and all persons, natural or artificial including any individual, firm, -3- company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity. 30) "pH" shall mean a logarithm "base ten" of the reciprocal of the hydrogen -ion concentration expressed by one of the procedures outlined in the IEPA Division of Laboratories Manual of Laboratory Methods. 31) "Population equivalent" is a term used to evaluate the impact of industrial or other waste on a treatment or stream. One population equivalent is 100 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids as described in Section 301.345 Population Equivalent of the latest Illinois Administrative Code. 32) "ppm" shall mean parts per million by weight. 33) "Pretreatment" shall mean the treatment of wastewater from the sources before introduction into the wastewater treatment works. 34) "Properly shredded garbage" shall mean the waste from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 112 inch in any dimension. 35) "Public sewer" shall mean the sewer provided by or subject to the jurisdiction of the Village. It shall also include sewers within or outside Village boundaries that serve one or more persons and ultimately discharge into the Village sanitary or storm system, even though those sewers may not have been constructed with Village funds. 36) "Recreational Vehicles" shall mean a vehicular type unit that is designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include camping trailers, fifth -wheel trailers, motor homes, travel trailers, and truck campers. 37) "Replacement Costs" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary for the ordinary operation and maintenance of the waste water works during the useful life of the treatment works, but not expenditures for the improvement, extension, or reconstruction of such works. The term "operation and maintenance" includes replacement. 38) "Residential Unit" shall mean a dwelling consisting of one or more rooms, including individual bathroom and kitchen facilities, which are arranged, designed or used as a dwelling unit for one family, including detached single - family residences, two - family attached residences and multi- family residences. Residential unit shall not include multiple - family dwelling units that are limited to persons sixty two (62) years of age or more or to handicapped persons regardless of age; hotels; or, extended stay lodging facilities as defined in the zoning ordinance of the Village of Deerfield. (Ord. 0- 12 -16, 4 -16 -2012) -4- 39) "Residential user" shall mean all dwelling units such as houses, mobile homes, apartments, permanent multifamily dwellings. 40) "Sanitary sewer" shall mean a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and ground waters or polluted industrial wastes are not intentionally admitted. 41) "Sewage" shall mean and may be used interchangeably with wastewater. 42) "Sewer" shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface, and ground water drainage. 43) "Sewer permit" shall be a written permit issued by the Director of Public Works and Engineering that authorizes a person to connect with or open into or otherwise use, alter, or disturb a public sewer. 44) "Sewerage" shall mean the system of sewers and appurtenances for the collection, transportation, and pumping of sewage. 45) "Sewer Fund" is the principal accounting designation for all revenues received in the operation of the sewerage system. 46) "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes and/or more than 5 times and average 24 -hour concen- tration of flows during normal operation. 47} Storm sewer shall mean sewer that carries storm, surface, and ground water drainage but excludes sewage and industrial wastes other than unpolluted cooling water. 48) "Storm water runoff' shall mean that portion of the precipitation, including storm, surface, and ground water, that is drained into the sewers 49) "Surcharge" shall mean the assessment in addition to the basic user charge and debt service charge that is levied on those persons whose wastes are greater in strength than the concentration values established in Article Wof this Ordinance 50) "Suspended Solids" (SS) shall mean the solids that either float on the surface of or in suspension in water, sewage, or industrial waste, in which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in IEPA Division of Laboratories Manual for Laboratory Methods. 51) "Unpolluted water" is water quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and waste water treatment facilities provided. -5- 52) "Useful life" shall mean the estimated period during which the collection system and/or treatment works will be operated. 53) "User charge" shall mean the charge or charges levied on users of the sewerage system and wastewater facilities as defined in Section 16 -44 of this Ordinance. 54) "User class" shall mean one or more of the following types of user "residential," "institutional/governmental," "commercial' or "industrial' as defined herein. 55) "Village" shall mean the Village of Deerfield, Lake and Cook County, Illinois. 56) "Village Code" shall mean the Municipal Code of the Village of Deerfield, as amended. 57) "Wastewater" shall mean the spent water of any person. It may be a combination of a liquid and water - carried waste from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present. 58) "Wastewater facilities" shall mean the structures, equipment, devices, and processes required to collect, carry away, and treat domestic and industrial waste and transport effluent to a water course, meeting all current permit requirements. 59) "Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial waste, and sludge. It shall also mean "wastewater treatment plant" or "waste treatment plant" or "pollution control plant." 60) "Water quality standards" are defined in the Water Pollution Regulations of Illinois. 61) "Watercourse" shall mean a channel in which a flow of water occurs continuously or intermittently. ARTICLE II In General Sec. 16-1. Plumbing Code Adopted. (a) The 2006 edition of the International Plumbing Code, as published by the International Code Council, Inc., is hereby adopted to establish rules and regulations for the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the Village and providing for the issuance of permits and collection of fees therefor, with the following modifications: (1) Section 101.1. Insert: The Village of Deerfield. (2) Section 106.6.2. Insert: As specified in the municipal code. -6- (3) Section 108.4. Insert: Any person violating any provision of this code shall be fined not less than fifty dollars ($50.00) or more than one thousand dollars ($1,000.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. (4) Section 108.5. Insert: Any person continuing to work in violation of a stop work order shall be fined not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each offense. A separate offense shall be deemed committed each day during or on which such person works or continues to work in violation of a stop work order. (5) Section 305.6.1. Insert: "As determined by the Village engineer" in two locations. (6) Section 904.1. Insert: 12 inches. (Ord. 0- 09 -11, 4 -20 -2009) (b) The Clerk and the Director of Building and Zoning shall keep three (3) copies of the 2006 edition of the international plumbing code, which has been adopted by the Village by reference, on file for inspection by interested persons during office hours. (c) In addition to the requirements of the 2006 edition of the International Plumbing Code, all construction, alterations and repair of plumbing facilities within the Village shall also be in compliance with the water conservation requirements imposed on the Village by the Illinois Department of Transportation, Division of Water Resources, or its successor agency, pursuant to the Village's Lake Michigan water allocation permit. (d) Notwithstanding any contrary requirements of the 2006 edition of the International Plumbing Code, or the previous requirements of the BOCA National Plumbing Code of 1993, all new buildings located within the Village which are occupied below grade level shall have overhead plumbing. (Ord. 0- 04-56, 9 -20 -2004; amd. Ord. 0- 09 -11, 4 -20 -2009) See. 16-2. Compliance; Enforcement. (a) No person shall install, alter or repair any plumbing fixtures in the Village, except in compliance with the regulations contained in this chapter. (b) The Director of Building and Zoning shall be charged with the enforcement of the provisions of this chapter. (M.C. 1963, § 24.102) See. 16-3. Plans Required; Changes. (a) Plans shall be required for all new plumbing installations involving two (2) or more fixtures. (b) Plans shall show the plumbing system completely, including drains, soil, waste, vent, revent pipes, traps and all water supply pipes within the building. (c) A rough sketch shall be provided for all remodeling work. (d) The plumbing inspector shall be notified if plans are to be changed and such change shall be approved before work is installed. (M.C. 1963, § 24.103) -7- Sec. 16-4. Permit And Bond Required. (a) No plumbing work of any kind, except minor repairs within buildings, shall hereafter be done without a permit being first issued therefor by the building department. (b) No such permit shall be issued unless the person applying therefor shall hold a license as a plumbing contractor and shall have on file in the office of the Director of Building and Zoning, a bond in the sum of five thousand dollars ($5,000.00) with sureties conditioned, among other things, that the applicant will indemnify and save harmless the Village from all accidents and damage arising from his work, and that he will also, if required by the Village, restore the streets, sidewalks and pavements in as good state and condition as he found them and will keep and maintain the same in good order for a period of one year thereafter, to the satisfaction of the building department, and further conditioned that he will pay all fines that may be imposed upon him for a violation of this code or any ordinance, rule or regulation pertaining to plumbing. (M.C. 1963, § 24.104) Sec. 16 -5. Fees for Permits and Inspections. Fees for permits and inspections shall be as provided in section 6 -79 of this code and the annual fee resolution adopted by the corporate authorities. (Ord. 0- 04 -29, 5 -17 -2004) ARTICLE III Use of Public Sewers Required Sec. 16-6. Illegal Disposal of Waste. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village or in any area under the jurisdiction of said Village, any human or animal excrement, garbage or other objectionable waste. Sec. 16-7. Discharges into Natural Outlets. It shall be unlawful to discharge to any natural outlet or storm sewers within the Village, or in any area under the jurisdiction of said Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance. Sec. 16-8. Private Sewage Facilities Prohibited. Except as hereinafter provided, it shall be unlawful for any person to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Sec. 16-9. Required Connections to Sanitary Sewer System. The owner of any houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the Village and abutting on any street, alley, or right -of -way in which there is now located or may in the future be located any public sanitary sewer of the Village, shall be required at his expense to install suitable toilet facilities therein, and any such toilet or other sewage facilities shall be directly connected with the proper public sewer in accordance with the provisions of this Ordinance, -8- within ninety (90) days after date of official notice to do so, provided that said public sewer is within 400feet of the property line. (a) In addition to building sewers for the disposal of sewage, each building shall be provided with a building sewer for the disposal of storm water runoff which shall be connected to the public storm sewer, provided that said public sewer is within 200 feet of the property line. sewer. (b) Footing drains shall be connected to sump pumps for further discharge to the storm ARTICLE IV Private Sewage Disposal See. 16-10. Private Sewage Disposal Systems are Not Permitted. Where a public sanitary sewer is not available under the provisions of Article 11 Section 4, the building sanitary sewer shall be connected to a private sewage disposal system complying with the provisions of the County Health Department. ARTICLE V Building Sewers and Public Connections Sec. 16-11. Restrictions on Use of Public Sewers. (a) No unauthorized person shall uncover, connect with, open into, use, alter, or disturb any public sewer or appurtenance thereof, without first obtaining a sewer permit from the Director of Public Works and Engineering. (b) All disposal by any person into the sewer system is unlawful except those discharges in compliance with Federal standards promulgated pursuant to the Federal Act and more stringent State and local standards. See. 16-12. Permit Classes; Fees. (a) There shall be two (2) classes of building sanitary sewer permits (1) for residential waste water service or (2) for commercial, institution/governmental, or industrial wastewater service In either case the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director of Public Works and Engineering (b) Inspection, plan review and sanitary sewer permit fee shall be as provided in the annual fee resolution adopted by the corporate authorities and shall be paid to the Village at the time the application is filed. (c) As a condition for a permit for industrial wastewater service, the applicant must provide infor- mation describing its wastewater constituents, characteristics, and type of activity. 62 See. 16-13. Sanitary Sewer Permit Standards. A sewer permit will only be issued and a connection to a public sanitary sewer shall only be allowed if it can be demonstrated that the downstream sewerage facilities including sewers, pump stations, and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. Sec. 16-14. Building Sewers. (a) All costs and expenses incident to the installation, connection and maintenance of a building sewer shall be borne by owner of the premises. (b) The owner shall indemnify the Village from and against any loss or damage that may directly or indirectly be occasioned by the installation or connection of the building sewer. The Village may require said owner to purchase insurance or provide a bond as additional protection against damages. (c) A separate and independent building sewer shall be provided for every building; except that where one (1) building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, driveway, easement of right of way. The building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer. (d) An existing building sewer will be investigated and/or upgraded if said building's water service is required by the Village to be upgraded or as directed by the Director of Public Works and Engineering. (e) Building sewers shall be maintained free from infiltration, exfiltration, or structural failure. Upon examination of the building sewer, the Village may require the property owner at his expense to replace or repair in part or in whole the building sewer to conform to the building and plumbing codes or other applicable rules of the Village. (f) All repairs and maintenance of service lines from the public sewer, including the connection to the public sewer, to the premises served and in the sanitary sewer system of the building served shall be made by and at the expense of the owners of the premises served. If repairs are not made within seven (7) calendar days after receipt by the owner or occupant of the building served by the sewer pipe of a written notice from the director of public works or a person authorized by him directing the repairs to be made, the sanitary sewer and/or water service may be discontinued until the pipes are repaired and/or replaced. See. 16-15. Reserved. See. 16-16. Reserved. Sec.16 -17. Building Sewer Standards. (a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in -10- appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice Number 9, and Standards Specifications for Water and Sewer Main Construction in Illinois shall apply. (b) All new buildings with occupancy areas below ground level shall have overhead plumbing. In all buildings in which a building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved and discharged to the building sanitary sewer. (c) Whenever plumbing is remodeled or replaced or additional fixtures installed, the remodeled plumbing system shall conform with this code. Without limitation of the foregoing, to the extent that such remodeling shall include the installation of a power assisted sanitary flood control system, all storm water connections to the sanitary sewer system of the Village shall be permanently disconnected. Such connections shall include, but not be limited to, sump pumps, gravity footing drains and/or downspouts. A power assisted flood control system shall be deemed to be an apparatus to discharge sewerage at high capacity and pressure through a valve system into the public sanitary sewer. (d) Whenever possible, the building sewer shall be brought to the building at an elevation above the proposed or existing basement floor in accordance with the Illinois State Plumbing Code and in a manner approved by the Director of Public Works and Engineering or his designee and the building department for the Village. No building sewer shall be laid parallel to any bearing wall if within three (3) feet of any said wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction or grade shall be allowed only when a proper manhole is constructed at the location of the change. (e) No person, either directly or indirectly, shall discharge or cause to be discharged any storm water, any rainwater or any groundwater into any public sanitary sewer system. (f) No person shall connect or cause the connection of, either directly or indirectly, any of the following to any public sanitary sewer, nor suffer or permit any such existing connection to remain connected: (1) Building storm drains; (2) Driveway drains; (3) Roof downspouts; (4) Exterior foundation drains; (5) Areaway drains; (6) Area drains; (7) Patio drains; (8) Yard drains; -11- (9) Combination sumps; (10) Storm sumps; (11) Divertervalves; (12) Unsealed sanitary sump -pump pits; (13) Sump pump drains or outlet pipes which collector include the collection of rainwater, stormwater or groundwater. (14) Any drain, pump, outlet or other structure which admits surface water runoff or groundwater. (g) No person shall discharge or cause the discharge from any drains or pipes in such a manner as to cause or create an ice or other hazard in or on public sidewalks or public roadways. (h) All prohibited connections as defined above shall be disconnected not later than one hundred eighty (180) days after the property owner or agent responsible for maintenance of any structure or property within the Village receives notice of the required work. Any property owner or agent responsible for the maintenance of a structure or property within the Village who fails to perform the work within one hundred eighty (180) days shall be in violation of this division and subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each day that the violation continues. (i) It shall be unlawful for any property owner, or any person, agent, firm or corporation having responsibility for maintenance of a structure or property within the Village, to perform or cause to be performed or to permit any work to be done after a certificate of compliance has been issued, which work results in a violation of this section. Each day, commencing with the date such work is commenced and the violation of this section exists, shall be an offense; and a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) for each day shall be imposed. 0) No new connection shall be made to a public sewer which would cause the average daily organic loading to exceed six hundred eighty (680) pounds of BOD or cause the average dry - weather flow to exceed four hundred thousand (400,000) gallons per day influent to the wastewater treatment facilities. (k) In the event that any property owner shall maintain either such illegal connection or fail to maintain downspouts of sufficient length to avoid adversely affecting sanitary sewer disposal, said property owner may be required within seven (7) calendar days after receipt of notice from the Village to disconnect same or to provide proper downspouts and upon failure to do so within the time limit provided herein, the Village may pursue any remedies available under this Ordinance, or at law or in equity, to enforce compliance with this Section. (1) Following the receipt of the notice provided above and the failure of the property owner to comply, the Village shall have the right to go upon any property which contains such an improper connection and disconnect such illegal connection and/or install suitable downspouts. The Village may require the property owner containing said illegal connection or unsuitable downspouts to pay all costs of said disconnection or downspout installation as the case may be. -12- (m) All appurtenances to building drains and building sewers, including catch basins, manholes, cleanouts, backwater valves and fittings, shall be located within the property lines of the premises to be served by such drains and sewers. Sec.16 -18. Notice and Inspection. The applicant for a sewer permit shall notify the Director of Public Works and Engineering when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director of Public Works and Engineering or his representative. Sec.16 -19. Excavations and Deposit. (a) All excavations for building sewer installation or connection shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in manner satisfactory to the Village. (b) At the time of issuance of a sewer permit or at any time there after, the Village may require a sewer permit applicant to make a public street and parkway restoration deposit with the Village for restoration of the public property to be disturbed in accordance with Section 19 -31 of the Village Code. (c) All excavations required for the installation of a building sewer shall be augured or bored unless otherwise approved by the Director of Public Works and Engineering. Pipe laying and backfill shall be performed in accordance with ASTM Specification (C12 -58 -T) (or the most current ASTM designation), except that no backfill shall be placed until the work has been inspected. See. 16-20. Plumbing; Remodeling, Replacement, Fixtures; Compliance. Whenever plumbing is remodeled or replaced or additional fixtures installed, the remodeled plumbing system shall conform with this code. Without limitation of the foregoing, to the extent that such remodeling shall include the installation of a power assisted flood control system, all storm water connections to the sanitary sewer system of the Village shall be permanently disconnected. Such connections shall include, but not be limited to, sump pumps, gravity footing drains and/or downspouts. A power assisted flood control system shall be deemed to be an apparatus to discharge sewerage at high capacity and pressure through a valve system into the public sanitary sewer. (Ord. 0- 84 -09, 3 -19 -1984) Sec. 16-21. Building Moved; Plumbing Compliance. If any building is moved from one location to another, the plumbing thereof shall conform to all the provisions of this chapter relative to plumbing in new buildings. (M. C. 1963, § 24.110) Sec. 16-22. Removal of Fixtures. When, in the judgment of the plumbing inspector, a plumbing fixture is used so infrequently that there is danger that the seal of the trap will be lost by evaporation, the inspector may order the fixture removed and the outlet securely closed. (M.C. 1963, § 24.111) See. 16-23. Reserved. 3911 Sec. 16-24. Maintenance of Plumbing Fixtures. Plumbing fixtures shall be used only for the purpose for which they are intended and all such fixtures shall be kept in a clean and sanitary condition. (M.C. 1963, § 24.113) See. 16-25. Toilet Facilities for Workmen. During the construction of new buildings, the owner or contractor shall provide suitable and adequate toilet facilities for the use of those employed on the premises. Such facilities shall be maintained in a sanitary condition, subject to the approval of the plumbing inspector. (M.C. 1963, § 24.114) Sec. 16 -26. Delay in Work; Cancellation of Permit. Unreasonable delay in the performance of any plumbing or drainage work shall be deemed sufficient cause for the cancellation of any permit which may have been issued for such work. (M.C. 1963, § 24.115) Sec. 16-27. Compliance with Illinois Plumbing Code. Whenever any provisions of the Illinois Plumbing Code, as now or hereafter amended, are more stringent than the provisions of the 2006 edition of the International Plumbing Code or this Ordinance, the provisions of the Illinois Plumbing Code shall prevail. (Ord. 0- 04 -56, 9 -20 -2004; amd. Ord. 0 -09 -11, 4- 20- 2009). ARTICLE VI Use of the Public Sewers Sec. 16-25. Stormwater Runoff and Unpolluted Discharges. No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Sec. 16-29. Discharge of Stormwater. (a) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director of Public Works and Engineering. Industrial cooling water or unpolluted process waters may be discharged on approval of the Director of Public Works and Engineering, to a storm sewer or natural outlet. (b) A combination of storage and controlled release of stormwater runoff shall be required for all commercial and industrial developments of one acre or more in area, for all multiple - family residential developments of two (2) or more acres in area, and for all single - family developments of five (5) acres or more in area. Notwithstanding the area limitations stated above, multiple - family residential developments, commercial developments and industrial developments shall be acquired to provide storage and controlled release of stormwater runoff when the development is located within two hundred feet (200) of an existing storm sewer, or when the development results from a change in use, a change in zoning classification or the granting of a special use. (Ord. 0- 81 -02, 1 -5 -1981) -14- (c) The release rate of stormwater from all developments requiring detention shall not exceed the stormwater runoff rate from the area in its natural undeveloped state. A release rate of not greater than that calculated from a storm of 3 -year frequency with a runoff rate coefficient of fifteen one - hundredths (0.15) will be acceptable unless the applicant can show by detailed calculations which are acceptable to the Village engineer that the discharge rate of the natural outlet channel serving the area is greater. (d) Storm sewer systems shall have adequate capacity to bypass through the development the flow from all upstream areas for a storm of design frequency assuming that the Iand is in a fully developed state under present zoning or zoning proposed under the Village's comprehensive plan. The bypass flow rate shall be computed utilizing a runoff coefficient of not less than thirty five one- hundredths (0.35). An allowance, equivalent to the reduction in flow rate provided, will be made for upstream detention when such upstream detention and release rate has previously been approved by the Village and has been constructed. (e) The live detention storage to be provided shall be calculated on the basis of the 100 -year frequency rainfall, as published by the U.S. weather bureau for this area. The detention volume required shall be that necessary to temporarily store the runoff of 100 -year rainfall, for any and all durations, from the fully developed drainage area tributary to the reservoir, less that volume discharged during the same duration at the approved release rate. (f) In the event the downstream sewers are inadequate to receive the release rate hereinabove provided, then the allowable release rate shall be reduced to that rate permitted by the receiving downstream sewers and additional detention as determined by the Village engineer shall be required to store that portion of the runoff exceeding the capacity of the receiving sewers. (g) Plans, specifications and calculations for stormwater detention facilities as required hereunder, shall be submitted to the Village engineer for approval prior to the commencement of construction. (M.C. 1963, § 24.322; amd. Ord. 0- 72 -53) See. 16-30. Prohibited Discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas. (b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment works. (c) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater facilities. (d) Solid 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 wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, -15- whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, or any other thing which is not properly shredded garbage. Sec. 16-31. Restrictions on Other Discharges. (a) No person shall discharge or cause to be discharged any substances, materials, waters, or wastes if it appears likely in the opinion of the Director of Community Development or public health authority that such wastes can cause a public nuisance, a menace to the public safety, pollution or contamination of underground or surface waters, or impairs the use of any private sewer, storm drain channel or public or private property. (b) In forming his/her opinion as to the acceptability of certain wastes, the Director of Public Works and Engineering or public health authority will consider such factors as the quantities of such wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the wastewater facilities, degree of treatability of wastes in the wastewater facilities, and maximum limits established by regulatory agencies. (c) The substances prohibited are: (1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150 F), (65 C). (2) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty -two (32° F) and one hundred fifty degrees Fahrenheit (150° F), (0° to 65° Q. (3) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solution (whether neutralized or not). (4) Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the wastewater treatment works exceeds the limits established by the Director of Public Works and Engineering for such materials. (6) Any waters or wastes containing phenols or other taste or odor - producing substances, in concentrations exceeding limits established by the Director of Public Works and Engineering or any State, Federal, or other public agencies having jurisdiction over such discharge to the receiving waters. (7) Any radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by Director of Public Works and Engineering in compliance with applicable State or Federal regulations. (8) Any wastes or waters having a pH in excess of 9.5. -16- (9) Any mercury or any of its compounds in excess of 0.0005 mg/l except as permitted by Director of Public Works and Engineering in compliance with applicable State and Federal regulations. (10) Any cyanide except as permitted by the Director of Public Works and Engineering in compliance with applicable State and Federal regulations. (11) Materials which exert or cause: 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); ii. excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions); iii. unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; iv. unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein. (12) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters. The foregoing list is not all- inclusive, and the Director of Public Works and Engineering may publish new supplements to such list. Sec. 16-32. Discharges of Restricted Matters. (a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 1641 of this Ordinance or which are in violation of the standards for pretreatment provided in 40 CFR 403, June 26, 1978 and any amendments thereto, and which in the judgment of the Director of Public Works and Engineering or public health authority may have a deleterious effect upon the wastewater facilities, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works and Engineering may: (1) reject the wastes; (2) require pretreatment to an acceptable condition for discharge to the public sewers; (3) require control over the quantities and rates of discharge; and/or (4) require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of this Ordinance -17- (b) If the Director of Public Works and Engineering permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director of Public Works and Engineering, and subject to the requirements of all applicable codes, ordinances, and laws. Sec. 16-33. Grease Interceptors Required. Grease, oil, and sand interceptors shall be provided by and at the expense of a property owner when required under the 2006 edition of the International Plumbing Code for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. All interceptors shall be of an approved type and capacity and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Annual inspections shall be made by the owner at his expense and maintenance reports provided to the Village upon request. Sec. 16-34. Maintaining Pretreatment Facilities. Where preliminary treatment or flow - equalizing facilities are provided, they shall be continuously maintained in satisfactory and effective operation by the owner at his expense. Sec. 16 -35. Control Manholes Required. Each industry shall be required to install a control manhole, when required by the Director of Public Works and Engineering, and the owner of any property serviced by a building sewer carrying industrial wastes shall be required to install a control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Public Works and Engineering. 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. The owner shall install such control manhole within ninety (90) days of the date of written notification to do so. Sec. 16 -36. Testing Industrial Discharges. (a) The owner of the property serviced by a building sewer carrying industrial wastes or industry shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this Ordinance and any special conditions for discharge established by the Village or regulatory agencies having jurisdiction over the discharge. (b) The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the Village, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure compliance with this Ordinance and to establish that all applicable Federal, State, and local standards are being met. The industry shall report the results -18- of measurements and laboratory analyses to the Village at such times and in such a manner as prescribed by the Village. The industry shall bear the expense of all measurements, analyses, and reporting required by the Village. (c) The Village reserves the right to take measurements and samples for analysis by an outside laboratory service at such times as it deems necessary. The industry shall bear the expense of all measurements, analyses, and reports conducted pursuant to this subsection. Sec. 16 -37. Standards for Testing Industrial Discharges. All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of IEPA Division of Laboratories Manual of Laboratory Methods, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the wastewater faciliteis and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty -four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 -hour composites of all outfalls, whereas pH's are determined from periodic grab samples. Sec 16-38. Exceptions. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the Village and any industry whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment by the industry in accordance with the Village's user charge ordinance, provided such payments are in accordance with Federal and State guidelines for user charge systems. ARTICLE VII Protection of Wastewater Facilities Sec. 16-39. Prohibited Activities. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is a part of the waste water facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. See. 16-40. Right to Inspect. (a) The owner of any building, structure or property that has connected such building, structure, or property to a public sewer shall grant the Director of Public Works and Engineering and any other duly authorized representative of the Village, the IEPA, and the U.S. Environmental Protection Agency, bearing proper credential and identification, permission to enter upon the Owner's property for the purpose of inspection, observation, measurement, sampling, and testing to determine whether such connection to the public sewer is in accordance with Village standards and all applicable Federal, State -19- and local laws and regulations. Where no permission has been granted to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from a court of competent jurisdiction. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue: (1) Eyewitness account of violation. (2) Citizen complaints. (3) Tenant complaints. (4) Plain view violations. (5) Violations apparent from Village records. (6) Property deterioration. (7) Age of property. (8) Nature of alleged violation. (9) Similar properties in the area. (10) Documented violations of similar properties in the area. (11) Passage of time since last inspection. (12) Previous violations on the property. Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards that show that there is reason to believe that a condition of nonconformity may exist with respect to a particular property in violation of the Village Code. (b) In addition to the other powers of inspection granted under the provisions of this chapter, the Director of Public Works and Engineering or any of his authorized agents shall have free access at all reasonable hours, whether or not a certificate of compliance has been issued, to inspect any premises connected to a public sanitary sewer for the purposes of determining whether any drains or outlet pipes serve the premises. The fact that the owner or occupant of such premises accepts and uses sanitary sewer service provided by the Village shall constitute consent to the making of such inspection. No person shall refuse to admit authorized agents of the Village to any premises for such purpose. In the event that any authorized representative is refused admittance or is in any way hindered in the making of the inspection, the Director of Public Works and Engineering or his authorized agents may apply to any court of competent jurisdiction for an order commanding the owner or occupant of any premises to permit access for purposes herein described. (c) The provisions of this section shall not limit or deprive the Director of Public Works and Engineering from conducting additional inspections pursuant to this ordinance. If such additional inspections disclose unpermitted connections in violation of this Ordinance, the certificate of compliance shall become null and void and continued occupancy of the property may be declared unlawful. -20- Occupancy may be resumed only when the unauthorized connections are removed, the property re- inspected and a new certificate of compliance issued. The fees for re- inspection and the issuance of a new certificate of occupancy shall be the same as those provided hereinabove. (d) The Director of Public Works and Engineering or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment Sec.16 -41. Injuries During Inspections. While performing the necessary work on private properties referred to in this Article the Director of Public Works and Engineering or duly authorized representatives of the Village, the IEPA, or the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the owner of such premises and said owner shall be held harmless for injury or death to said Director or such representatives, and the Village shall indemnify the company against liability claims and demands for personal injury or property damage asserted against said owner and growing out of the gauging and sampling operating, except as such may be caused by negligence or failure of owner to maintain conditions as required in this Ordinance. Sec.16 -42. Use of Authorized Easements. The Director of Public Works and Engineering and other duly authorized representatives in the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. See. 16-43. Reserved. ARTICLE 1X Sewer Rates See. 16-44. Sewer User Charges. (a) General. There are hereby established the following rates and charges for the use and service of the sewerage system of the Village. Such rates shall be based on the amount of water supplied by the municipal water supply system to the lot, parcel of land, building or premises receiving service of the Village's sanitary sewerage system, unless the lot, parcel of land, building or premises is served by a separate meter approved by the Village for measuring water that will not be discharged into the sanitary sewerage system, in which case no separate sewer user charge shall be calculated or charged on the amount of water measured by such separate meter. (b) Village Service. The charges for the use and service of the Village's sewerage system to any lot, parcel of land, building or premises situated within the corporate limits of the Village, shall be in the -21- amount as provided in the annual fee resolution adopted by the corporate authorities, but in no event less than the minimum monthly charge set forth in the annual fee resolution. (c) Equalization Charge for Extraterritorial Service. The charges for the use and service of the Village's sewerage system to any lot, parcel of land, building or premises situated outside the corporate limits of the Village shall be in the amount as provided in the annual fee resolution adopted by the corporate authorities for Village Service under paragraph (b), plus an equalization charge established in the annual fee resolution adopted by the corporate authorities to equalize plant capital expenses between users inside and outside the corporate limits of the Village, but in no event less than the minimum monthly charge provided in paragraph (d) hereof. (d) Minimum Sewer Charges. The minimum monthly sewer user charge to be paid for the use and service of the Village's sewerage shall be in the amount as provided in the annual fee resolution adopted by the corporate authorities. (e) Sewer Only Charges. In all cases in which users of the sanitary sewer system are not supplied with metered water from the Village water supply system or other waterworks system, the monthly sewer user charge to be paid shall the amount as provided in the annual fee resolution adopted by the corporate authorities. (f) Delinquent Charge. A ten percent (10 %) additional delinquency charge shall be paid if the bill is not paid by the first day of the month following the month in which the bill is rendered. Sec. 15-45. Deposit; Schedule. A deposit in accordance with the following schedule shall be made with each application for sewer service, this sum to be retained by the Village to ensure the payment of all bills. When service to the applicant is discontinued permanently, this deposit, less any amount still due to the Village for services relating to the use of the municipal sanitary sewer system, shall be refunded without interest. Provided that where an applicant for sanitary sewer service is the owner of the premises to be served, no such deposit shall be required. Water Meter Size Deposit Required 1 inch and under $ 60.00 Over 1 inch but not more than 2 inches $ 60.00 Over 2 inches but not more than 3 inches $110.00 Over 3 inches $165.00 (Ord. 0- 12 -16, 4 -16 -2012) Sec. 16-46. Lien Procedure. -22- (a) Charges for sewer service shall be a lien upon the premises as provided by statute. Whenever a bill for sewer service remains unpaid sixty (60) days after it is rendered, the Manager may file with the county recorder of deeds, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the Village claims a lien for this amount as well as for all charges for sewer service subsequent to the period covered by the bill. (b) If the user of the sewer service whose bill is unpaid is not the owner of the premises, and the Manager has notice of this, then notice shall be mailed to the owner of the premises, if his address is known to the Manager, whenever such bill remains unpaid for a period of sixty (60) days after it has been rendered; provided; provided, however, that the failure of the Manager to send such notice, or of the owner to receive such notice, shall not affect the validity of the Village's lien against the premises. It shall be sufficient service upon the owner to send such written notice by first class United State mail, with proper postage prepaid, to the taxpayer of record of the premises on which the building or excavation is located as listed in the records of the Lake County Treasurer or Cook County Treasurer, as the case may be. (c) The Village's cost of recording the lien shall be included as part of the charge for sewer service and shall be paid as a condition of releasing or discharging said lien. (Ord. 0- 0541, 10 -17 -2005) See. 16-47. Foreclosure of Lien Procedures. (a) Property subject to a lien for unpaid sewer service may be foreclosed and sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the Village. (b) The attorney for the Village is hereby authorized and directed to institute proceedings in the name of the Village in any court having jurisdiction over such matters, against any property for which the sewer service has remained unpaid for sixty (60) days after it has been rendered. (M.C. 1963, § 24.1104) ARTICLE X Penalties See. 16-48. Notice of Violation. (a) Any person found to be violating any provision of this chapter, except Article VI, shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) If any violation continues after the expiration of the time period set forth in the notice provided under subsection (1) hereof, Village may terminate both the water and sanitary sewer service to the offender's premises following a pre- termination enforcement action in accordance with the procedures set forth in Section (Pre - termination enforcement actions) See. 16-49. Liability for Violations. -23- Any person violating any of the provisions of this chapter shall become liable to the Village by reasons of such violations including any expense, loss, or damage occasioned by the Village by reason of such violation. See. 16-50. Compromise Penalty; General Penalty. (a) Process of Settlement: Any person accused of any of the following enumerated offenses may, in lieu of a court appearance, settle and compromise the ordinance violation notice or citation by payment of the fines and penalties hereinafter provided in accordance with the instructions contained in the citation or violation notice. (b) Payment Schedule: The plumbing or sewer offenses described in any citation issued pursuant to this section may be settled, compromised and paid in the respective amount set forth in the following payment schedule. Citations issued pursuant to this section may be compromised and settled for the compromise amount if paid within the time specified in the citation. Plumbing or Sewer Violation Compromise Amount 1. Building storm drain connected $ 100.00 with public sanitary sewer. 2. Driveway drain connected to $ 100.00 public sanitary sewer. 3. Roof down spouts connected $ 100.00 with public sanitary sewer. 4. Exterior foundation drain $ 100.00 connected with public sanitary sewer. 5. Areaway drains connected with $ 100.00 public sanitary sewer. 6. Area drains connected with $ 100.00 public sanitary sewer. 7. Patio drains connected with $ 100.00 public sanitary sewer. 8. Yard drains connected with $ 100.00 public sanitary sewer. 9. Combination sumps connected $ 100.00 with public sanitary sewer. 10. Storm sumps connected with $ 100.00 public sanitary sewer. 11. Diverter valves connected with $ 100.00 public sanitary sewer. -24- 12. Unsealed sanitary sump -pump $ 100.00 pits connected with public sanitary sewer. 13. Sump pump drains or outlet pipes $ 100.00 which collect or include the collection of rain water, stormwater runoff or ground water for outlet to public sanitary sewer. 14. Any drain, pump, outlet or $ 100.00 other structure which admits stormwater runoff or ground water for discharge to public sanitary sewer. (c) Late Payment Amount: Failure to pay the compromise penalty assessed pursuant to Paragraph (b) of this section within thirty (30) days shall result in an increase of said compromise penalty to twice the amount set forth in this section. (d) Pg ini t of Fines: Fines and compromise penalties assessed pursuant to this section shall be paid at the Village Hall and a receipt shall be issued for all money so received. All money received pursuant to this section shall be promptly turned over to the Village Treasurer. (e) Filing Complaint: In the event that the person to whom the citation is issued fails to settle and pay the compromise penalty amount within the time prescribed in this section (or within the period of time otherwise specified in a final notice if a final notice is served upon the offender), a notice to appear may be issued to said offender for the violation and said person shall be subject to the general penalty set forth in this section. (f) General Penalty: Unless another penalty is otherwise specifically provided in this chapter, any person violating any provisions of Chapter 16 shall, upon conviction, be subjected to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00), and court costs. (g) Separate Offenses: Each act of violation and each day on which a violation of this Chapter or of a permit issued pursuant to this Chapter occurs or continues shall constitute a separate offense. SECTION 2: That the annual fee resolution of the Village of Deerfield be and the same is hereby amended to add the following as the sewer user charges to be paid pursuant to Section 16-44 of the Municipal Code of the Village of Deerfield, as amended. Municipal Code Fee for Classification Reference Description FY 2013 -14 (H) Plumbing Sec. 16 -44(b) Sewer user charge $2.86 per 100 cubic ft. Sec. 1644(c) Equalization charge (in $1.43 per 100 cubic ft. addition to sewer user charge -25- for extraterritorial service) Sea 1644(d) Minimum sewer $5.72 per month charge for residents Sec. 16 -44(d) Minimum sewer charge $8.58 per month for extraterritorial service Sec. 16 -44(e) Monthly sewer user charge for sewer service only customers (i) per residential unit $29.32 per month (ii) per extraterritorial residential unit $100.92 per month (iii) per commercial unit $57.78 per month (iv) per extraterritorial commercial unit $201.83 per month SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing contained herein shall affect any rights, actions or causes of action which shall have accrued to the Village of Deerfield prior to the effective date of this Ordinance. SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. -26- PASSED this 4th day of November , 2013. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 4th ATTEST: I A/,y cS Village Clerk day of November 2013. -27- Village e ' e t 4,,.,