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HomeMy WebLinkAboutORDINANCES-1991-033-O-91• 33-0-91 AN ORDINANCE Deleting Existing Chapter 13 of Title 7 of the City Code and Replacing it with a New Chapter 13, Titled "City Sewer System" BE IT ORDAINED BY THE CITY COUNCIL OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Code of the City of Evanston, 1979, as amended, be and it hereby is further amended by deleting existing Chapter 13, Title 7, titled "City Sewer System" and replacing it with a new Chapter 13, Title 7, titled "City Sewer System", reading as follows: 7-13-1: DEFINITIONS: Unless the context specifically indicates otherwise, the meaning of the terms used in this Ordinance shall be as follows: •BIOCHEMICAL OXYGEN DEMAND (BOD): 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. BUILDING DRAIN: 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 the building and conveys it to the building sewer or other approved point of discharge, beginning five (5) feet (1.5 • meters) outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal. CAPITAL CHARGE: The charge levied on users to improve, extend, or reconstruct the wastewater collection facilities. CITY: The City of Evanston, Cook County, Illinois. COMBINED SEWER: A sewer which is designed and intended to receive wastewater, storm, surface and groundwater drainage. COMMERCIAL USER: Transient lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services. CONTROL MANHOLE: 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 the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) representatives to sample and/or measure discharge. DEBT SERVICE CHARGE: The amount to be paid each billing period for payment of interest, principal and coverage of outstanding loans. EASEMENT: An acquired legal right for the specific use of land owned by others. t E • EFFLUENT CRITERIA: These are defined in any applicable National Pollutant Discharge Elimination System • (NPDES) Permits. FLOATABLE OIL: Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved 2 pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. • GARBAGE: Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of food. INDUSTRIAL USERS: An establishment engaged in manufacturing activities involving the mechanical or chemical transportation of materials of substance into products. INDUSTRIAL WASTE: Any solid, liquid or gaseous substance discharged, permitted to flow from 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. INSTITUTIONAL/ GOVERNMENTAL USER: Schools, churches, penal institutions, and users associated with Federal, State, and local governments. MAJOR 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; or (b) has a flow greater than ten percent of • the flow carried by. the municipal system receiving the waste; or (c) has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of 3 the Federal Act; or (d) is found by the permit issuant 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. MAY: When used in this Ordinance the word "may" is permissible. MILLIGRAMS PER LITER: A unit of the concentration of water or wastewater constituent. It is 0.001 g of the constituent in 1,000 ml of water. It has replaced the unit formerly commonly used, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: Any permit or equivalent document or requirement issued by the Administrator of the United States Environmental Protection Agency or his designee, after enactment of the Federal Clean Water Act to regulate the discharge of pollutants pursuant to section 402 of the Federal Water Pollution Control Act Amendments of 1972, and any subsequent amendments thereto ("Federal Act"). NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. U U • LA OPERATION, MAINTENANCE, AND REPLACEMENT CHARGE: The charge levied on users of the wastewater collection facilities for the cost of operation, maintenance, and replacement. • ORDINANCE: Shall mean this Ordinance. OWNER: Where necessary to effectuate the intent of this Ordinance, "owner" shall be read "occupant" or "persons in control". PERSON: 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. pH: The logarithm (base 10) of the reciprocal of • the hydrogen -ion concentration expressed by one of the procedures outlined in the Illinois Environmental Protection Agency (IEPA) Division of Laboratories Manual of Laboratory Methods, latest edition. POPULATION EQUIVALENT: A term used to evaluate the impact of industrial waste on a treatment works or stream. PPM: Parts per million by weight. PRETREATMENT: The treatment of wastewater from sources • before introduction into the public sewer. 5 PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking, and dispensing 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 (1/2) inch (1.27 centimeters) in any dimension. PUBLIC SEWER: A sewer provided by or subject to the jurisdiction of the City. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City combined sewer system, even though those sewers may not have been constructed with City funds. REPLACEMENT: Expenditures for obtaining and establishing equipment, accessories, or appurtenances which are necessary during the useful life of the collection facilities to maintain the capacity of performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement. RESIDENTIAL USER: All dwelling units such as houses, mobile homes, apartments, permanent multi -family dwellings. SANITARY SEWER: A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and groundwater or polluted industrial wastes are not intentionally admitted. 6 • • WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with waste treatment plant or pollution • control plant. WATER QUALITY These are defined in the Water Pollution Regulations of Illinois: WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. 7-13-2: SEWER ENTERPRISE FUND ESTABLISHED: There is hereby established a separate fund designated the Sewer Enterprise Fund, which Fund •shall be supported by sewer usage fees established from time to time by the City Council. Said Fund shall be reserved and utilized exclusively for operation, maintenance, rehabilitation or reconstruction of the sewer system • of the City. 7-13-3: SEWER USER RATES: (A) There is hereby established a sewer user charge for the use of, •and for service supplied by, the wastewater collection facilities of the City which shall consist of an Operation, Maintenance and Replacement' Charge (O,M&R), a Capital Charge, and a Debt Service Charge. (1) The O,M&R Charge is levied on all users to recover the operation, maintenance and replacement costs and is computed by apportioning the annual O,M&R costs less any investment income derived from operating cash per • 100 cubic feet of metered water sales as recorded by City water meters. Income derived from the investment of O,M&R revenues shall be used solely for the operation, maintenance and replacement of the system. 9 O,M&R Charge = O,M&R Cost - Investment Income from Operating Cash Metered Water Sales There is hereby established an O,M&R charge of $0.330 per one hundred (100) cubic feet of water consumed. • This rate shall apply to all water consumed on and after the effective date of this Ordinance and shall remain in effect until the first annual review in accordance with Section 7-13-3(B). (2) The Capital Charge is levied on users to provide for capital improvement, extensions or reconstruction of the sewer collection system. The Capital Charge is computed by apportioning the annual capital costs less any investment income derived from cash reserved for capital expenditures per 100 cubic feet of metered water sales as recorded by City water meters. Capital Charge = • Capital Costs - Investment Income from Capital Cash Metered Water Sales There is hereby established a Capital Charge of $0.000 per one hundred (100) cubic feet of water consumed. This rate shall apply to all water consumed on and after the effective date of this Ordinance and shall remain in effect until the first annual review in accordance with Section 7-13-3(B). (3) The Debt Service charge is computed by apportioning the annual debt service costs less revenues transferred to the Sewer Fund from the sale of water to the Northwest Water Commission (NWC), less any investment income . derived from NWC cash transferred to the Sewer Fund per 100 cubic feet of metered water sales as recorded by Evanston water meters. 10 SEWAGE: Wastewater. SEWER: A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage. • SEWER USER CHARGE: Shall be the charge levied bimonthly on all users of the wastewater collection facilities. The service charge shall be computed as outlined in Section 7-13-3(A) and shall consist of the total of the Operation, Maintenance and Replacement Charge, the Capital Charge, and the Debt Service Charge. SEWERAGE: The system of sewers and appurtenances for the collection, transportation and pumping of sewage. • SEWERAGE FUND: The principal accounting designation for all revenues received in the operation of the sewerage collection system. SHALL: When used in this Ordinance the word "shall" is mandatory. SLUG: Any discharge of water, sewage or industrial waste which, in concentration of any given constituent, or in quantity of flow, exceeds for any period or duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour • concentration or flows during normal operation. STORM SEWER: A sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial waste other than unpolluted 7 STORMWATER RUNOFF: That portion of the precipitation that is drained into the sewer. SUSPENDED SOLIDS: 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 the IEPA Division of Laboratories Manual of Laboratory Methods. UNPOLLUTED WATER: 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 benefited by discharge to the sanitary sewers and waste water treatment facilities provided. U USEFUL LIFE: The estimated period during which the sewerage collection system will be operated. USER CLASS: The type of user "residential, institutional/governmental, commercial", or "industrial" as defined herein. WASTEWATER: The spent water of a coiamunity. It may be a combination of the liquid and water -carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present. • WASTEWATER FACILITIES: The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse. 8 Debt Service Charge = Debt Cost - NWC Revenues - Investment Income from Revenues Transferred to the Sewer Fund from the Sale of Water to NWC Metered Water Sales There is hereby established a Debt Service Charge of • $0.325 per one hundred (100) cubic feet of water consumed. Said rate is based on a maximum debt service payment of $1,582,246 anticipated for the repayment of loan proceeds necessary for the currently planned improvements to the Sewerage Collection System. Provided, however, that all or a portion of said charge may be abated in accordance with Section 7-13- 3(3) described above. For the current fiscal year (FY 1991-92), the annual debt service charge shall be $0.030 per one hundred (100) cubic feet of water consumed. This rate shall apply on and after the effective date of this Ordinance and shall remain in effect until the first annual review in accordance with • Section 7-13-3(B). (4) The total Sewer User Charge is the sum of the three components listed in Section 7-13-3 (A)(1) Operation, Maintenance and Replacement, Section 7-13-3(A)(2) Capital, and Section 7-13-3(A)(3) Debt Services and shall be $0.36 per one hundred (100) cubic feet of water consumed and shall be adjusted in accordance with Section 7-13-3(B). (B) The adequacy of the Sewer User Charge shall be reviewed annually by the City Council during the City's fiscal year budgeting process. The Sewer User Charge will be revised annually to reflect any change in the proposed budget for • the coming fiscal year in the Operation, Maintenance and Replacement Costs, the Capital Costs, or the Debt Service Costs and shall be based on approved budgets for the costs each year. Said review shall occur prior to the beginning of the fiscal year and shall be in effect for the period of March'l through February 28 each year. (C) The users of the City wastewater collection facilities will • be notified annually, in conjunction with a regular sewer and water billing, of the rate and the portion of the user charges which are attributable to the operation, maintenance and replacement of wastewater collection. (D) Those furnished with sewer service only, and not connected with or supplied with water from the City water supply system, shall pay an annual sewer service fee based on a calculated estimate of the volume of use at the rate established in 7-13-3(A). (E) Those furnished with water service only and not connected with or supplied with sewer service by the City's sewer system shall pay only the water rates and charges established by Section 7-12-7 of this Code. 7-13-4: BILLING PROCEDURES, DISPOSITION OF FUNDS: (A) The rates and charges calculated and applied to the user of service shall be added to, and separately recited upon, a statement of charges for water consumption and sewer use. Such statement shall be sent to the user on a bimonthly basis and shall become delinquent if unpaid after twenty (20) days from the date of the statement. A penalty of ten percent (10%) of the amount due and owing for the period recited upon such statement shall thereafter be added and collected in addition thereto. • (B) Whenever any sewer use charges shall remain unpaid after the expiration of thirty (30)" days from the date of such statement, the water supply for the premises so serviced and delinquent shall be terminated, and service shall not be reinstated until all sewer bills in arrears shall have been 12 paid, including accrued penalties. A service fee as established in Section 7-12-7-3 of this Code shall be paid for termination and resumption of water supply service. The City Manager, or his/her designee shall enforce the • provision of this Chapter. (C) All revenues and monies derived from the operation of the sewerage system shall be deposited in the Sewer Enterprise Fund. All such revenues and monies shall be held by the Finance Director separate and apart from all other funds of the City. The Finance Director shall receive all such revenues from the sewerage system and all other funds and monies incident to the operation of such system and deposit the same in the. Sewer Enterprise Fund of the City of Evanston. The Finance Director shall administer such fund in every respect in the manner provided by the Illinois Municipal Code, "Illinois Revised Statutes, Chapter 24" as modified, supplemented or amended by the City Council of the • City from time to time pursuant to its home rule powers under Section 6 of Article VII of the Illinois Consitution of 1970. (D) The Finance Director shall establish a system of accounts and shall keep books, records, and accounts in which complete and correct entries shall be lade of all transactions related to the sewerage system, and at regular annual intervals shall cause to be made an audit by 'an independent auditing concern of the books to show the receipts and disbursements of the sewerage system. In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater collection facilities, • including a replacement item, to indicate that sewer service charges under the cost -recovery system meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following: 13 1. Flow data showing total cubic feet of water consumed. 2. Billing data to show total number of cubic feet billed per fiscal year. 3. Debt service for the next succeeding fiscal year. • 4. Number of users connected to the system. 5. Number of non -metered users. (E) The IEPA, through its authorized representative shall have access to any book, document, paper and record of the City which are applicable to the City's system of user charges for the purpose of making audits, examinations, excerpts and transcriptions thereof to insure compliance with any loan agreement and rules pertaining to funds obtained from the IEPA Water Pollution Control Revolving Fund. 7-13- 5: CHARGES CONSTITUTE A LIEN: Charges for sewer service shall be a lien upon the premises served pursuant to relevant law. When such charges have been delinquent for a • period of sixty (60) days, the City Manager shall cause a statement of lien in the form and manner provided by law to be recorded against the premises served and delinquent. The failure to record such a lien or to mail notice thereof shall not affect the right of the City to foreclose or adjudicate such lien, by an equitable action in accordance, with the statutory requirements therefor and in the same manner as provided for water service in Section 7-12-7-4 of this Code. The City Manager shall execute releases of such liens on behalf of the City upon receipt of payment therefor. 7-13-6: USE OF PUBLIC SEWERS REQUIRED: (A) It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of • said City, any sewerage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. 14 (B) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the • disposal of sewerage. • (C) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located, any public sanitary or combined sewer of the City , are hereby required at their expense to install suitable toilet facilities therein, in compliance with all applicable Code requirements, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter within ninety (90) days after date of written notice to do so, provided that said public sewer is within 1,000 feet of the property line. 7-13-7: BUILDING SEWERS AND CONNECTIONS: (A) No unauthorized person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director of Building and Zoning. (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. (C) A building sewer permit will only be issued, and a sewer connection shall only be allowed, upon a demonstration 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. 15 r (D) Any person desiring to connect a building sewer to the public sewer shall, at his own- cost and expense, install such building drain from the point of said connection to the public sewer to the end of the building sewer. It shall be the responsibility of a person utilizing the public sewer to maintain the building sewer connection at its juncture with the public sewer and the pipe from the juncture to the point of the building drain. Such maintenance shall include keeping said building sewer clean and free -flowing, and the repair or replacement thereof in the event of broken or defective tie-ups. Repair or replacement of the waste tile shall be to the specifications established by the Plumbing Code of the City and shall be inspected by the Plumbing Inspector prior to backfilling. (E) A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no. private sewer is available or can be constructed, in the opinion of the • Director of Building and Zoning, to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building. (F) Prior to the abandonment or permanent disuse of a presently existing sewer connection, the owner of the property served by said sewer connection shall make application to the Department of Building and Zoning in writing for a permit to abandon said connection. Upon the receipt and approval of said application, and upon the payment of a fee of twenty five dollars ($25.00), the Director of Building and Zoning shall issue a' permit, for said abandonment and closing. Upon obtaining the permit, the property owner shall locate, • remove and seal off the existing sewer connection in the parkway and restore the parkway surface to its pre- existing condition. Prior to the closure of any excavation to facilitate the sealing of a presently -existing sewer W connection, the owner or contractor shall notify the Department of Building and Zoning and an inspection of said sealed connection shall be conducted prior to backfilling. • (G) Pre-existing building sewers may be used in connection with newly constructed buildings only when they are found, on examination and test by the Director of Building and Zoning, to meet all requirements of this Chapter. (H) 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 other applicable rules and regulations of the City. In the absence of Code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control • Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois, shall apply. (I) The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code, the MWRDGC sewer permit ordinance, or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedure • and materials must be approved in writing by the Director of Building and Zoning before installation. 17 (J) The applicant for the building sewer permit shall notify the Director of Building and Zoning 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 Building and Zoning or his representative. • (K) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be promptly restored in a manner satisfactory to the City. 7-13-8: USE OF THE PUBLIC SEWERS: (A) No unauthorized person shall break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is a part of the sewage and storm collection system. (B) No person shall connect, or cause to be connected, any • sanitary sewerage outlet or industrial wastewater outlet into any storm water sewer or storm water sewer catch basin now existing or hereafter to be constructed. (C) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director of Building and Zoning. Industrial cooling water or unpolluted process waters may be discharged on prior written approval of the Director of Building and Zoning, to a storm sewer, combined sewer, or natural outlet. (D) It shall be unlawful for any person to cause or allow a • discharge not meeting the standards of Article III, Prohibited Wastes of the Sewage and Waste Control Ordinance, latest edition of the MWRDGC. IV e 7-13-9: POWERS AND AUTHORITY OF INSPECTORS: (A) The Director of Building and Zoning and other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter. (B) While performing the work on private properties referred to in Section 7-13-90(A) above, the Director of Building and Zoning or persons he/she so designates shall observe all safety rules applicable to the premises established by the owner and the owner shall be held harmless for injury or death to the City employees and the City shall indemnify the owner against liability claims and demands for personal injuries or property damage asserted against the company and growing out of the gauging and sampling operating, except as such may be caused by negligence or failure of the company to maintain conditions as required in Sewage and Waste -Control Ordinance, latest edition of the MWRDGC. (C) The Director of Building and Zoning and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewerage 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 easement involved. • 7-13-10: SEVERABILITY: If any section, paragraph, clauses, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clauses or provision shall not affect any of the other provisions of this Ordinance. 19 I 7-13-11: PENALTY: Any person who violates or disobeys, or who fails or refuses to comply with or who resists the enforcement of, any provision of this Chapter, shall be punished as provided as in Section 1-4-1 • of this City Code. SECTION 3: All ordinances or resolutions or parts thereof, in conflict herewith, are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: r C (/�J , 1991 Adopted: 1991 ATTEST: City Clerk Approved as to form: Corporation C6unsel Approved: 1991 Mayor • • all