Title V
PUBLIC WORKS
Chapters:
50 Sewer Use
50B Waterworks System
50C Uniform Delinquent Utility Users Policy and Procedures
50E Extraterritorial Utility Services
50F Uniform Policy Regarding Utility Billing Rebates and Credits
50G Utility Rates and Tap Charges
51 Natural Gas System Regulations
52 Electric Energy
53 Rate of Wages for Workmen
54 Installation of Sidewalks
55 Well Setback Zones and Regulations
56 Responsible Bidding
Chapter 50
SEWER USE
Sections:
ARTICLE I. USE OF PUBLIC SEWERS REQUIRED
50.001 Objectionable wastes restricted.
50.002 Discharge to natural outlet prohibited.
50.003 Private sewage disposal restricted.
50.004 Connection required.
ARTICLE II. PRIVATE SEWAGE DISPOSAL
50.005 Allowed when.
50.006 Permit– Required.
50.007 Permit– Inspection for approval.
50.008 Compliance requirements.
50.009 Public connection required when available.
50.010 Owner liability.
50.011 Additional provisions.
50.012 Discontinuance– Cleanup.
ARTICLE III. BUILDING SEWERS AND CONNECTIONS
50.013 Sewer work permit required.
50.014 Discharge standards.
50.015 Building sewer permit– Classes.
50.016 Building sewer permit– Issuance conditions.
50.017 Cost liability.
50.018 Separate required for each building.
50.019 Existing building sewer use.
50.020 Applicable standards.
50.021 Flow requirements.
50.022 Surface water connection prohibited.
50.023 Connection standards.
50.024 Inspection notice.
50.025 Safety requirements.
ARTICLE IV. USE OF THE PUBLIC SEWERS
50.026 Unpolluted water prohibited.
50.027 Discharge– Authorization.
50.028 Discharge– Prohibitions.
50.028.1 Prohibited discharges to storm sewers– Penalty.
50.029 Discharge– Restrictions– Generally.
50.030 Discharge– Restrictions– Designated.
50.031 Discharge– Determination.
50.032 Interceptors required when.
50.033 Pretreatment maintenance.
50.034 Control manhole requirements.
50.035 Laboratory analysis– Requirements.
50.036 Laboratory analysis– Sampling.
50.037 Special agreement.
ARTICLE V. PROTECTION OF SEWAGE WORKS FROM DAMAGE
50.038 Damage prohibited.
ARTICLE VI. POWERS AND AUTHORITY OF INSPECTORS
50.039 Right of entry for inspection.
50.040 Safety and liability.
50.041 Identification for entry.
ARTICLE VII. PENALTIES
50.042 Violation– Notice.
50.043 Violation– Continuation.
50.044 Violation– Liability.
ARTICLE VIII. DEFINITIONS
50.045 Definitions.
ARTICLE I. 50.001 Objectionable wastes restricted.
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.
(Ord. 88-003, passed 1-19-88).
50.002 Discharge to natural outlet prohibited.
It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of said village, any sewage or other polluted waters, except where subsequent provisions of this chapter.
(Ord. 88-003, passed 1-19-88).
50.003 Private sewage disposal restricted.
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 sewage.
(Ord. 88-003, passed 1-19-88).
50.004 Connection required.
The owner of all the 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 (or combined) sewer of the village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety days after date of official notice to do so, provided that said public sewer is within one hundred feet of the property line.
(Ord. 88-003, passed 1-19-88).
ARTICLE II. 50.005 Allowed when.
Where a public sanitary (or combined) sewer is not available under the provisions of Article I, Section 50.004, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article II.
(Ord. 88-003, passed 1-19-88).
50.006 Permit– Required.
Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the village board. The application for such permit shall be made on a form furnished by the village, which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the village board. A permit and inspection fee of one hundred dollars shall be paid to the village at the time the application is filed.
(Ord. 88-003, passed 1-19-88).
50.007 Permit– Inspection for approval.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the village board and the Illinois Department of Public Health. The village shall be allowed to inspect, without notice, the work at any stage of construction and, in any event, the applicant for the permit shall notify the village board and the Illinois Department of Public Health when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within seventy-two hours of the receipt of written notice by the village board and the Illinois Department of Public Health.
(Ord. 88-003, passed 1-19-88).
50.008 Compliance requirements.
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the state Private Sewage Disposal Licensing Act and Code and with the state Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than six thousand square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(Ord. 88-003, passed 1-19-88).
50.009 Public connection required when available.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article I, Section 50.004, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(Ord. 88-003, passed 1-19-88).
50.010 Owner liability.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the village.
(Ord. 88-003, passed 1-19-88).
50.011 Additional provisions.
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the village.
(Ord. 88-003, passed 1-19-88).
50.012 Discontinuance– Cleanup.
When a public sewer becomes available, the building sewer shall be connected to the sewer within sixty days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
(Ord. 88-003, passed 1-19-88).
ARTICLE III. 50.013 Sewer work permit required.
No unauthorized person shall uncover, make any connections with, or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the village.
(Ord. 88-003, passed 1-19-88).
50.014 Discharge standards.
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.
(Ord. 88-003, passed 1-19-88).
50.015 Building sewer permit– Classes.
There shall be two classes of building sewer permits: (a) For residential, wastewater service, and (b) To commercial, institutional/governmental or industrial wastewater service. In either case, the owner or his agent shall make application on a special form furnished by the village, (reference Appendix #2). The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the village. A permit and inspection fee of one hundred dollars for a residential or commercial building sewer permit shall be paid to the village at the time the application is filed. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity.
(Ord. 88-003, passed 1-19-88).
50.016 Building sewer permit– Issuance conditions.
A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.
(Ord. 88-003, passed 1-19-88).
50.017 Cost liability.
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 88-003, passed 1-19-88).
50.018 Separate required for each building.
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 to the rear building and the whole considered as one building sewer.
(Ord. 88-003, passed 1-19-88).
50.019 Existing building sewer use.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the village board, to meet all requirements of this chapter.
(Ord. 88-003, passed 1-19-88).
50.020 Applicable standards.
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 code or other applicable rules and regulations of the village. 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.
(Ord. 88-003, passed 1-19-88).
50.021 Flow requirements.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any 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 in accordance with Article III, Section 50.014, and discharged to the building sewer.
(Ord. 88-003, passed 1-19-88).
50.022 Surface water connection prohibited.
No person(s) shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. 88-003, passed 1-19-88).
50.023 Connection standards.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the village 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 procedures and materials must be approved by the village board before installation.
(Ord. 88-003, passed 1-19-88).
50.024 Inspection notice.
The applicant for the building sewer permit shall notify the village board when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the village board or his representative.
(Ord. 88-003, passed 1-19-88).
50.025 Safety requirements.
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 restored in a manner satisfactory to the village.
(Ord. 88-003, passed 1-19-88).
ARTICLE IV. 50.026 Unpolluted water prohibited.
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.
(Ord. 88-003, passed 1-19-88).
50.027 Discharge– Authorization.
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 village board. Industrial cooling water or unpolluted process waters may be discharged on approval of the village board, to a storm sewer, combined sewer, or natural outlet.
(Ord. 88-003, passed 1-19-88).
50.028 Discharge– Prohibitions.
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 sewage treatment plant.
(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 sewage works.
(D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(Ord. 88-003, passed 1-19-88).
50.028.1 Prohibited discharges to storm sewers– Penalty.*
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Editor's Note: Refers to improvement of SBI Route 10.
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(A) It shall be unlawful for any person, firm or corporation to connect, or cause to be connected, any drain carrying or to carry any toilet, sink, basement, septic tank, cesspool, industrial waste, or any fixture or device discharging polluting substances into any storm sewers constructed as part of this improvement.
(B) Any person, firm, or corporation violating this section shall be fined not less than fifty dollars nor more than five hundred dollars for each offense and a separate offense shall be deemed committed each and every day during which a violation continues or exists.
(Ord. 97-035, passed 11-3-97)
50.029 Discharge– Restrictions– Generally.
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the village board that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the village board will give consideration to such factors as the quantities of subject 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 sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies.
(Ord. 88-003, passed 1-19-88).
50.030 Discharge– Restrictions– Designated.
The substances prohibited are:
(A) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (65° C).
(B) Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit (0° and 65° C).
(C) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the village board.
(D) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solution whether neutralized or not.
(E) 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 sewage treatment works exceeds the limits established by the village board for such materials.
(F) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the village board as necessary after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(G) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the village board in compliance with applicable state or federal regulations.
(H) Any wastes or waters having a pH in excess of 9.5.
(I) Any mercury or any of its compounds in excess of 0.0005 mg/l as Hg at any time except as permitted by the village board in compliance with applicable state and federal regulations.
(J) Any cyanide in excess of 0.025 mg/l at any time except as permitted by the village board in compliance with applicable state and federal regulations.
(K) Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);
(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
(4) Unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein.
(L) Waters or wastes containing substances which are not amenable to treatment or treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.
(Ord. 88-003, passed 1-19-88)
50.031 Discharge– Determination.
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 50.029 of this Article, and/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 village board may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the village board may:
(A) Reject the wastes;
(B) Require pretreatment to an acceptable condition for discharge to the public sewers;
(C) Require control over the quantities and rates of discharge; and/or
(D) Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of Section 50.037 of this Article.
If the village board 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 village board, and subject to the requirements of all applicable codes, ordinances and laws.
(Ord. 38-003, passed 1-19-88)
50.032 Interceptors required when.
Grease, oil and sand interceptors shall be provided when, in the opinion of the village board they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the village board, and shall be located as to be readily and easily accessible for cleaning and inspection.
(Ord. 88-003, passed 1-19-88)
50.033 Pretreatment maintenance.
Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. 88-003, passed 1-19-88).
50.034 Control manhole requirements.
Each industry shall be required to install a control manhole and, when required by the village board, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the village board. 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.
(Ord. 83-003, passed 1-19-88).
50.035 Laboratory analysis– Requirements.
The owner of any property services by a building sewer carrying industrial wastes shall provide laboratory measurements, tests and analyses of waters and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the village or regulatory agencies having jurisdiction over the discharge.
The number, type and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the village, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the village at such times and in such a manner as prescribed by the village. The owner shall bear the expense of all measurements, analyses and reporting required by the village. At such times as deemed necessary the village reserves the right to take measurements and samples for analysis by an outside laboratory service.
(Ord. 88-003, passed 1-19-88).
50.036 Laboratory analysis– Sampling.
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this ordinance 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 sewage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four 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 analysis are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.
(Ord. 88-003, passed 1-19-88).
50.037 Special agreement.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the village for treatment, subject to payment therefore, in accordance with Chapter 50, Article I, hereof, by the industrial concern provided such payments are in accordance with federal and state guidelines for user charge system.
(Ord. 88-003, passed 1-19-88).
ARTICLE V. 50.038 Damage prohibited.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 88-003, passed 1-19-88).
ARTICLE VI. 50.039 Right of entry for inspection.
The village board and other duly authorized employees of the village, the Illinois Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
The village board 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.
(Ord. 88-003, passed 1-19-88).
50.040 Safety and liability.
While performing the necessary work on private properties referred to in Article VI, Section 50.039 above, the village board or duly authorized employees of the village, the Illinois Environmental Protection Agency, and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the village employees and the village shall indemnify the company against liability claims and demands for personal injury 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 Article IV, Section 50.034.
(Ord. 88-003, passed 1-19-88).
50.041 Identification for entry.
The village board and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds 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.
(Ord. 88-003, passed 1-19-88).
ARTICLE VII. 50.042 Violation– Notice.
Any person found to be violating any provision of this chapter, except Article V, shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The village may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter.
(Ord. 88-003, passed 1-19-88).
50.043 Violation– Continuation.
Any person who shall continue any violation beyond the time limit provided for in Article VII, Section 50.042, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(Ord. 88-003, passed 1-19-88).
50.044 Violation– Liability.
Any person violating any of the provisions of this chapter shall become liable to the village by reasons of such violation.
(Ord. 83-003, passed 1-19-88).
ARTICLE VIII. 50.045 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter and Chapter 50A are:
(A) Federal Government.
(1) "Federal act" means the Federal Clean Water Act (33 U.S.C. 466 et seq.) as amended, (Pub. L. 95-217).
(2) "Administrator" means the Administrator of the U.S. Environmental Protection Agency.
(3) "Federal grant" shall mean the U.S. government participation in the financing of the construction of treatment works as provided for by Title II– Grants for Construction of Treatment Works of the Act and implementing regulations.
(B) State Government.
(1) "State act" means the Illinois Anti-Pollution Bond Act of 1970.
(2) "Director" means the Director of the Illinois Environmental Protection Agency.
(3) "State grant" shall mean the state of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with Secretary of State of the state of Illinois.
(C) Local Government.
(1) "Ordinance" means the ordinance codified in this chapter.
(2) "Village" means the village of Riverton.
(3) "Approving authority" means the village board.
(D) "Person" shall mean any and all persons, natural or artificial including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency or other entity.
(E) "NPDES permit" means any permit or equivalent document or requirements issued by the Administrator, or, where appropriated 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.
(F) Clarification Word Usage. "Shall" is mandatory; "may" is permissible.
(G) Wastewater and Its Characteristics.
(1) "Wastewater" shall mean the spent water of a community. From this standpoint of course, 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.
(2) "Sewage" is used interchangeably with "waste-water."
(3) "Effluent criteria" are defined in any appreciable "NPDES permit."
(4) "Water quality standards" are defined in the Water Pollution Regulations of Illinois.
(5) "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 benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
(6) "ppm" shall mean parts per million by weight.
(7) "Milligrams per liter" shall mean 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 used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.
(8) "Suspended solids (SS)" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or industrial wastes, 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.
(9) "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees C, expressed in milligrams per liter.
(10) "pH" shall mean the logarithm (base 10) 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.
(11) "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of food.
(12) "Property shredded garbage" shall mean 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 inch (1.27 centimeters) in any dimension.
(13) "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 fat if it is properly pretreated and the wastewater does not interfere with the collection system.
(14) "Population equivalent" is a term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is one hundred gallons of sewage per day, containing .17 pounds of BOD and .22 pounds of suspended solids.
(15) "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 fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation.
(16) "Industrial waste" shall 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.
(17) "Major contributing industry" shall mean an industrial user of the publicly owned treatment works that:
(a) Has a flow of fifty thousand 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 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.
(H) Sewer Types, and Appurtenances.
(1) "Sewer" shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage.
(2) "Public sewer" shall mean a sewer provided by or subject to the jurisdiction of the village. It shall also include sewers within or outside the village boundaries that serve one or more persons and ultimately discharge into the village sanitary (or combined sewer system), even though those sewers may not have been constructed with village funds.
(3) "Sanitary sewer" shall mean a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and groundwaters or polluted industrial wastes are not intentionally admitted.
(4) "Storm sewer" shall mean a sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial wastes other than unpolluted cooling water.
(5) "Combined sewer" shall mean a sewer which is designed and intended to receive wastewater, storm, surface and groundwater drainage.
(6) "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.
(7) "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 the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall.
(8) "Stormwater runoff" shall mean that portion of the precipitation that is drained into the sewers.
(9) "Sewerage" shall mean the system of sewers and appurtenances for the collection, transportation and pumping of sewage.
(10) "Easement" shall mean an acquired legal right for the specific use of land owned by others.
(I) Treatment.
(1) "Pretreatment" shall mean the treatment of wastewaters from sources before introduction into the wastewater treatment works.
(2) "Wastewater treatment works" shall mean an arrangement of devices and structures for treating waste-water, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "pollution control plant."
(J) "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.
(K) Watercourse and Connections.
(1) "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.
(2) "Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(L) User Types.
(1) "User class" shall mean the type of user "residential, institutional/governmental, commercial," or "industrial" as defined herein.
(2) "Residential user" shall mean all dwelling units such as houses, mobile homes, apartments, permanent multifamily dwellings.
(3) "Commercial user" shall include transit lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services.
(4) "Institutional/governmental user" shall include schools, churches, penal institutions, and users associated with Federal, State, and local governments.
(5) "Industrial users" shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products.
(6) "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 the village representative to sample and/or measure discharges.
(M) Types of Charges.
(1) "Wastewater service charge" shall be the charge per quarter or month levied on all users of the wastewater facilities. The service charge shall be computed as outlined in Chapter 50A, Article II and shall consist of the total or the basic user charge, the local capital cost and a surcharge, if applicable.
(2) "User charge" shall mean a charge levied on users of treatment works for the cost of operation, maintenance and replacement.
(3) "Basic user charge" shall mean the basic assessment levied on all users of the public sewer system.
(4) "Debt service charge" shall be the amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.) outstanding.
(5) "Capital improvement charge" shall mean a charge levied on users to improve, extend or reconstruct the sewage treatment works.
(6) "Local capital cost charge" shall mean charges for costs other than the operation, maintenance and replacement costs, i.e., debt service and capital improvement costs.
(7) "Surcharge" shall mean the assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than the concentration values established in Chapter 50, Article IV.
(8) "Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
(9) "Useful life" shall mean the estimated period during which the collection system and/or treatment works will be operated.
(10) "Sewage fund" is the principal accounting designation for all revenues received in the operation of the sewerage system.
(Ord. 88-003, passed 1-19-88).
Chapter 50B Sections:
ARTICLE I. COMBINING UTILITIES
50B.001 Establishing the two systems as one.
ARTICLE IV. FEES FOR CONNECTION
50B.015 Permits.
50B.016 Persons desiring to make connection.
50B.021 Copper tubing to be furnished and installed.
ARTICLE V. CROSS-CONNECTIONS
50B.030 Cross-connection control.
50B.031 Rules and regulations.
ARTICLE VI. PENALTY
50B.999 Penalty.
ARTICLE I. 50B.001 Establishing the two systems as one.
The existing waterworks system in its entirety, together with all additions, improvements and extensions thereto that may hereafter be made, and the existing sanitary sewerage system in its entirety, together with all additions, improvements and extensions thereto that may hereafter be made, of the village be and the same are declared to be a combined system, and such combined waterworks and sewerage system shall be maintained and operated as a single utility, and that charges or rates shall be established for the use of such combined system, which shall be reasonable and commensurate with the services provided by such combined system, and shall be sufficient to maintain and operate, provide an adequate depreciation fund and pay the principal and interest on any revenue bonds which may be issued, which by their terms are made payable from the revenues of such combined system.
(Ord. 88-005, passed 1-19-88).
ARTICLE IV. 50B.015 Permits.
It shall be unlawful for anyone to make any connection to any of the mains of the combined waterworks and sewerage system without having first obtained a permit and paid all deposits and fees therefor under this chapter and Chapter 50G of the village code. Application for the permits shall be made to the village clerk and shall be accompanied by a statement as to the purpose of such connection, the premises to be served, the specifications of such pipe to be connected and the drain from the premises to the sewer pipe and each such application shall be endorsed "fee paid" by the village clerk, and then shall be endorsed "fee paid" by the village clerk, and then shall be referred to the village inspector and no permit shall be issued unless the inspector shall have found that the ordinances of the village will be complied with by making the connection.
(Ord. 88-005, passed 1-19-88; Ord. 90-003, passed 9-18-90; Ord. 2002-011, passed 4-1-02; Ord. 2007-007, passed 3-19-07; Ord. 2008-001, passed 1-21-08).
50B.016 Persons desiring to make connection.
(A) Any person, firm or corporation desiring to or required to make any connection with the waterworks system shall first make application to the waterworks and sewerage department for the purpose upon a form or forms to be furnished by the village. Every such applicant shall state specifically and in detail the place, location and kind of connection sought or required, and all the plumbing or plumbing work in any manner or way connected therewith.
(B) No connection to the waterworks system shall be installed, altered or changed in any building or structure within the village, or within one and one-half miles within the corporate limits of the village, wherever the building or structure receives its water supply from the public water supply system operated by the village, until the permit for installation, alteration or change shall be obtained from the appropriate village officials.
(C) The village shall be notified by the person, firm or corporation or the person doing the work when any connection to the sanitary sewer system under Chapter 50 or the waterworks system has begun and when it is ready for inspection. No connection for which a permit has been issued under this article shall be covered or placed in operation until the system shall be issued by the appropriate village officials.
(D) Every such person, firm or corporation so making a connection with the waterworks system shall make such connection and maintain the same and shall seal all joints, all as provided by the rules and regulations prescribed by the village. Every excavation in any street or alley of the village required or made in order to connect with the waterworks system shall be made subject to the rules and regulations prescribed by the village and only after permission therefor has been given by the village. Penalty, see § 50A.999 (A).
(Ord. 88-005, passed 1-19-88).
50B.021 Copper tubing to be furnished and installed.
(A) When the village issues a permit based upon an application for a connection with the waterworks system, the village will furnish and install three-quarter-inch copper tubing of up to sixty feet; and in addition, will provide and install the cooperation stop, meter pit, meter box cover, three-quarter-inch meter, meter yoke and three-quarter-inch saddle. All property furnished and materials utilized will remain the property of the village.
(B) If the applicant wishes a larger scale copper tubing, and so states in his or her application, he or she will be required to pay the cost difference between the requested tubing and the three-quarter-inch tubing provided normally by the village.
(C) For each installation requiring more than the standard three-quarter-inch service, the village will provide to the applicant a cost estimate sheet which shall be prepared by the water superintendent, or his designee, and will include a reasonable estimate of the cost of materials, use of specialized equipment, labor (at its cost to the village), and administrative fee as set by the water superintendent, or the water committee. The applicant shall pay this cost estimate in full prior to the materials for the installation being ordered. Any amounts left over from the estimate shall be refunded to the applicant and any cost overruns which are a result of unforeseen circumstances, shall be paid by the applicant upon completion of the installation.
(Ord. 88-005, passed 1-19-88; Ord. 90-004, passed 9-18-90; Ord. 90-005, passed 10-16-90).
ARTICLE V. 50B.030 Cross-connection control.
(A) That, if in accordance with the Illinois Plumbing Code or in the judgment of the superintendent of water, an approved backflow prevention device is necessary for the safety of the public water supply system, the person appointed by the president and board of trustees of the village will give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code and all applicable local regulations, and shall have inspections and tests made of such approved devices as required by the Illinois Plumbing Code and local regulations.
(B) That no person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the village enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the village superintendent of water and the Illinois Environmental Protection Agency.
(C) That it shall be the duty of the person appointed by the village president and board of trustees to cause surveys and investigations to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two years, or as often as the appointee of the village president and board of trustees shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years.
(D) That the approved cross-connection village appointee shall have the right to enter at any reasonable time, any property served by a connection to the public water supply or distribution system of the village water supply for the purpose of verifying the presence or absence of cross-connections, and that the village appointee or his authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the village water supply for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the superintendent of water any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the village appointee, be deemed evidence of the presence of improper connection as provided in this article.
(E) That the village appointee is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this article is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water eliminated or corrected in compliance with the provisions of this article, and until the usual reconnection fee is paid to the village water department. Immediate disconnection with verbal notice can be effected when the village appointee is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection.
(F) That the consumer responsible for backsiphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of clean-up of the potable water supply system.
(Ord. 89-009, passed 4-5-89).
50B.031 Rules and regulations.
The water committee of the village is empowered to promulgate rules and regulations to carry out the provisions of Section 50B.030.
(Ord. 89-008, passed 4-5-89).
ARTICLE VI. 50B.999 Penalty.
(A) Whoever violates any provisions of chapter 50B shall be fined not less than fifty dollars nor more than two hundred dollars for each offense. Each day's violation shall constitute a separate offense.
(Ord. 88-005, passed 1-19-88).
Chapter 50C ------------
* Prior ordinance history: Ord. 93-033.
------------
Sections:
50C.001 Utility defined.
50C.002 Liability for payment of all charges.
50C.003 Bills due when– Penalty for late payment.
50C.004 Delinquent bills– Nonresidential customers.
50C.005 Delinquent bills– Residential customers.
50C.006 Reconnections.
50C.007 Delinquent policy for level pay customers.
50C.008 Delinquent payment plans.
50C.009 Deposit policy for delinquent customers.
50C.010 Termination involving master metered apartment buildings.
50C.011 Dispute resolution procedure.
50C.012 Dishonor of check.
50C.013 Lien.
50C.014 Collection actions.
50C.001 Utility defined.
As used in this chapter, "utility" refers to the village water system, sewer system, gas system and electric system, as well as any other utility which may hereafter be acquired or developed by the village of Riverton.
(Ord. 95-024, passed 10-16-95).
50C.002 Liability for payment of all charges.
The services of each village utility shall be deemed to be furnished to the owner of the premises and to the occupant thereof and to the user of the services, and the owner and the occupant and the user shall be jointly and severally liable for the payment of all charges for such services. Such services are furnished to the premises by the village only upon the condition that the owner of the premises and the occupant thereof and the user of the services are jointly and severally liable therefor to the village.
(Ord. 95-024, passed 10-16-95).
50C.003 Bills due when– Penalty for late payment.
Bills for utility services shall be rendered on or about the first business day of each month. All bills shall be paid on or before the six day of each month. If payment is not received by the sixteenth of each month the bill is considered late, and a penalty if ten percent of the amount of the bill shall be added thereto.
(Ord. 95024, passed 10-16-95; Ord. No. 2009-012, § 1, passed 5-18-09).
50C.004 Delinquent bills– Nonresidential customers.
(A) Nonresidential utility customers that do not pay the bill in full, including the late fee, by the last work day of month, will be considered delinquent and will be sent a delinquency letter substantially in the form attached to the ordinance codified in the chapter as Exhibit "A" and on file in the office of the village clerk. This letter will be mailed on or about the first day of the following month. Delinquent customers will have until close of business on the tenth day from the mailing of the delinquency notice to: (1) pay the bill; or (2) resolve the matter in accordance with the dispute resolution procedure in Section 50C.011. If the customer fails to meet one of these requirements by the deadline state, the utilities may be disconnected without further notice.
(B) Disconnection of nonresidential gas and electric services will not occur under weather conditions as provided by state law.
(Ord. 95-024, passed 10-16-95; Ord. 97-020, passed 8-18-97; Ord. 2002-11, passed 4-1-02; Ord. 2002-036, passed 12-16-02; Ord. No. 2009-012, § 2, passed 5-18-09).
50C.005 Delinquent bills– Residential customers.
(A) Residential utility customers that do not pay the bill in full, including the late fee, by close of business on the last work day of the month, will be considered delinquent and will be sent a delinquency letter substantially in the form attached to this chapter as Exhibit "A." This letter will be mailed on or about the first day of the following month, with a copy to the landowner, if the customer is a tenant. Delinquent customers will have until the close of business on the tenth day from the mailing of the delinquency notice to: (1) pay the bill; (2) enter into a payment plan agreement with the Village of Riverton; or (3) resolve the matter in accordance with the dispute resolution procedure Section 50C.011. If the customer fails to meet one of the requirements by the deadline stated, the utilities may be disconnected without further notice.
(B) Disconnection of residential gas and electric services will not occur under weather conditions as provided by state law.
(C) No disconnection of any service shall occur for any residential customer for thirty days if a permanent resident of the household is certified to be seriously ill and where disconnection of services will aggravate the illness. Certification of illness will require a letter to the Village of Riverton which contains the following: the names of the sick person; a statement that the sick person is a resident of the premises in question; the name, business address and telephone number of the certifying party; the nature of the illness; the period of time during which termination of service will aggravate the illness.
(Ord. 95-024, passed 10-16-95; Ord. 97-020, passed 8-18-97; Ord. 2002-11, passed 4-1-02; Ord. 2002-036, passed 12-16-02; Ord. No. 2009-012, § 3, passed 5-18-09)
50C.006 Reconnections.
Utilities shall be reconnected after the customer has paid the bill in full, including any late fee, deposits, and a reconnection fee:
USE OF PUBLIC SEWERS REQUIRED
PRIVATE SEWAGE DISPOSAL
BUILDING SEWERS AND CONNECTIONS
USE OF THE PUBLIC SEWERS
PROTECTION OF SEWAGE WORKS FROM DAMAGE
POWERS AND AUTHORITY OF INSPECTORS
PENALTIES
DEFINITIONS
WATERWORKS SYSTEM
COMBINING UTILITIES
FEES FOR CONNECTION
CROSS-CONNECTIONS
PENALTY
UNIFORM DELINQUENT UTILITY USERS POLICY AND PROCEDURES*
| – – for the first reconnection in a twelve month period for the customer: | twenty-five dollars |
| – – for the second reconnection in a twelve month period for the customer: | fifty dollars |
| – – for the third reconnection in a twelve month period for the customer: | one hundred dollars |
| – – for the fourth and subsequent reconnections in a twelve month period for the customer: | two hundred dollars |
(Ord. 95-024, passed 10-16-95; Ord. 97-020, passed 8-18-97; Ord. 98-017, passed 4-20-98; Ord. 2002-036, passed 12-16-02).
50C.007 Delinquent Policy for level pay customers.
Level pay customers who become delinquent automatically forfeit the privilege of being on the level pay plan. After reconnection, such customers shall be returned to normal payment. The customer shall become again eligible for the level pay plan only after an acceptable payment history of twelve months from the time of returning to normal pay is established.
(Ord. 95-024, passed 10-16-95).
50C.008 Delinquent payment plans.
(A) A delinquent customer may apply to enter into a payment plan with the Village of Riverton as long as this plan is filed prior to the collection/disconnection deadline and at the discretion of the office personnel. No payment plans will be accepted after the connection/disconnect order is issued.
(B) The payment plan shall comply with the following requirements:
(1) All applicable late fees must be paid at the time of application for the payment plan.
(2) A customer may only have one payment plan at a time.
(3) The amount due after payment of late fees shall be paid in equal weekly or monthly payments, and the entire amount must be repaid within six months from the date of the payment plan agreement.
(4) The customer shall make all normal utility payments and payment plan payments on time while the payment plan is in force. Failure to make such payments will be considered a new delinquency.
(C) The village reserves the right to accept or refuse a proposal payment plan in its discretion.
(D) No payment plan will be allowed in the event of a delinquency caused by failure to make payments under a payment plan.
(Ord. 95-024, passed 10-16-95; Ord. No. 2009-012, § 4, passed 5-18-09).
50C.009 Deposit policy for delinquent customers.
(A) Customers who do not have an acceptable payment history shall be required to pay a deposit, as follows:
(1) Residential– A deposit of the monthly average of the previous twelve months (or as many months as available if less than twelve months are available), but not less than one hundred dollars;
(2) Nonresidential– A deposit equivalent to one-sixth of the previous year's total utility bill or one-sixth of the anticipated utility bill for the year, but not less than one hundred dollars.
(B) For purposes of this section, an "acceptable payment history" is defined as follows:
(1) No collection/disconnection orders in the previous year;
(2) No defaults in established payment plans in the previous year; and
(3) Less than three delinquencies in the previous year.
(C) Delinquent utility deposits shall be refunded at the customer's request the month after the establishment of an acceptable payment history.
(Ord. 95-024, passed 10-16-95).
50C.010 Termination involving master metered apartment buildings.
In the event of termination of service to an apartment building having three or more residential apartments with a master meter, the village shall, in addition to the notice to the landlord, notify all tenants of the building of the proposed termination of utility service. This notice shall contain the following information: (A) the specific date, no sooner than ten days after the notice is rendered, that utility service is subject to termination; (B) a statement of the tenant's statutory fight either (1) to pay the utility company from the rent due on the rental agreement or (2) to petition the court for appointment of a receiver to collect the rents due for use and occupancy of the building and remit a portion to the utility company for payment of utility, bills; (C) the dollar amount of the utility bills due and owing on the date such notice is given and the average monthly utility bills; and (D) the name and telephone number of any legal services agency within the utility company's service area where the tenants may obtain free legal assistance. The notice provided to the tenants of the building shall be of a conspicuous size, on red paper, and in at least fourteen point bold face type, except that the words "notice of (utility service) termination" shall be in thirty-six point bold face type if the notice is posted, and shall state:
It is unlawful for the landlord or his or her agent to alter, deface, tamper with or remove this notice. A landlord or his or her agent who violates this provision is guilty of a Class C misdemeanor.
The foregoing requirements are in accordance with the Rental Property Utility Service Act, 765 ILCS 735/0.001, et seq.
(Ord. 95-024, passed 10-16-95).
50C.011 Dispute resolution procedure.
(A) Village billing personnel shall at all reasonable times be available to receive and consider disputes of any customer, applicant or user relative to an account for utility service. The person having a dispute which cannot be resolved by billing personnel must request the hearing in writing, directed to the village utility office. The customer, applicant, or user shall be advised of the customer's right to have a hearing conducted by the office manager or the office manager's designee (who shall be a village employee other than the billing employee who initially discussed the matter with the person requesting the hearing). The village shall not disconnect the service of any person for nonpayment during the pendency of the dispute if:
(1) Written notice is given to the village utility office as herein provided;
(2) Payment of all undisputed portions of the bill is made; and
(3) The person making the complaint or dispute enters into a bona fide effort to resolve the disputed matter with all due dispatch.
(B) Notice of a dispute shall be made in writing and contain the name, address, and telephone number of the person disputing a charge; the address at which utility service is received which is the subject of the dispute; the specific grounds or reasons for which the charges billed are disputed; and the specific relief requested.
(C) Upon filing of the notice, the office manager or her designee shall schedule a hearing with the customer; if the customer has been sent a notice of delinquency, the hearing shall be scheduled on or before the disconnection date specified in the notice of delinquency.
(D) The hearing shall be informal but shall consist, as a minimum, of the customer presenting reasons the customer believes the billing to have been in error, and the billing personnel presenting reasons why the billing was not in error. The customer's ability to pay is not a relevant consideration.
(Ord. 95-024, passed 10-16-95; Ord. 2004-019, passed 6-21-04).
50C.012 Dishonor of check.
Whenever a check payable to the village is tendered to the village for payment of utility charges and is dishonored by a financial institution upon which it is drawn because of insufficient funds in the account against which it was drawn, or any other lawful reason, a processing charge of twenty-five dollars shall be imposed by the village and added to the delinquent account and thereon be due and payable as any other delinquency.
(Ord. 95-024, passed 10-16-95).
50C.013 Lien.
The amount of any bill which is delinquent shall constitute a lien upon the real estate for which such services were rendered, and the village clerk is authorized and directed each month to file sworn statements showing such delinquencies in the office of the recorder of deeds of Sangamon County. The filing of such statement shall be deemed notice of lien for payment of such charges for such services. To the extent permitted by law, any property subject to such a lien may be sold for nonpayment to pay the charges, after deducting costs. The village board may authorize and direct the village attorney to institute foreclosure proceedings in the name of the village.
(Ord. 95-024, passed 10-16-95).
50C.014 Collection actions.
The office manager is hereby granted the discretion to turn any delinquent account over to a collection agency or attorney retained by the village for collection. In the event the village sues to collect an account, the village shall be entitled to recover, in addition to the amounts due, its costs, expenses and reasonable attorney fees incurred in collecting the debt.
(Ord. 98-017, passed 4-20-98).
Chapter 50E Sections:
50E.001 Policy.
50E.002 Exemptions.
50E.003 Applicability.
50E.004 Annexation petitions– Village to bear costs.
50E.005 No obligation to institute service.
50E.001 Policy.
On and after March 1, 1998, it shall be the policy of the Village of Riverton that utility services, including but not limited to gas, water, electric and sewer services, will be provided to new customers who are not located within the corporate limits of the Village of Riverton only on the condition that such customers shall annex to the Village of Riverton within six months of their becoming contiguous to the Village of Riverton. Customers who become contiguous to the Village of Riverton and do not annex within six months thereof shall have utility services disconnected by the village. For purposes of this chapter, a "new customer" includes an existing customer who requests additional services or an expansion of existing services.
(Ord. 98-007, passed 2-16-98).
50E.002 Exemptions.
Utility customers who were customers of the Village of Riverton as of March 1, 1998, shall be exempt from the policy set forth in Section 50E.001. However, if any such customer sells or otherwise conveys extraterritorial property served by the village, the successor owner shall have six months from taking title or from becoming contiguous, whichever is later, to file an annexation petition with the Village of Riverton, or the successor owner's utility service will be disconnected.
(Ord. 98-007, passed 2-16-98).
50E.003 Applicability.
The policy set forth in Section 50E.002 shall not apply to any customer when to do so would be in violation of the customer's contractual rights or to any customer located within the corporate limits of another municipality.
(Ord. 98-007, passed 2-16-98).
50E.004 Annexation petitions– Village to bear costs.
At the request of the customer, the village will bear the cost of all annexation petitions required by this chapter, including the preparation by the village's engineers of annexation plats and legal descriptions, and the preparation by the village's attorneys of the petitions and associated legal documents. If the customer wishes to use other engineers or attorneys, the customer may do so at the customer's own cost.
(Ord. 98-007, passed 2-16-98).
50E.005 No obligation to institute service.
Nothing in this chapter shall be construed as imposing any obligation for the village to institute service to any extraterritorial customer. In the event the policy set forth in this chapter is inconsistent with franchise rights of an electric service supplier, the policy shall not apply to electric service to the customer, but shall apply to all other utilities.
(Ord. 98-007, passed 2-16-98).
Chapter 50F Sections:
50F.001 Time period– Limit.
50F.002 Cash rebate– Credit.
50F.003 Funds to which credits and rebates are applied.
50F.001 Time period– Limit.
Whenever the village or a customer discovers that there has been an error in billing for any utility services, or in the event of a customer's request for an adjustment of a utility bill due to a water service break or other cause, any rebate or credit issued by the village shall be limited to a time period beginning on a date two years prior to discovery of the error or the customer's request for an adjustment.
(Ord. 98-008, passed 2-16-98).
50F.002 Cash rebate– Credit.
When an error in billing is discovered, or in the event a customer's request for an adjustment of a utility bill is honored, the village shall issue a cash rebate only if the service is discontinued. In all other cases, the village shall credit the amount overpaid by the customer against subsequent utility bills.
(Ord. 98-008, passed 2-16-98).
50F.003 Funds to which credits and rebates are applied.
The policies set forth in this chapter shall apply to all village utilities– gas, electric, water and sewer. However, since each utility has a separate fund within the village treasury, any credit or rebate shall be solely against the fund which received the overpayment.
(Ord. 98-008, passed 2-16-98).
Chapter 50G Sections:
50G.001 General.
50G.002 Definitions.
50G.003 Electric rates and charges.
50G.004 Electric system tap fees.
50G.005 Water and sewer rates and charges.
50G.006 Water and sewer system tap fees.
50G.007 Gas system rates.
50G.008 Gas system tap fees.
50G.009 Special rates.
50G.010 Temporary services.
50G.011 Additional tap fee and utility update regulations.
50G.012 Regulations for customer-initiated and emergency disconnections.
50G.013 Additional regulations regarding rates.
50G.014 Charges for use of village equipment.
50G.015 Utility deposits. * Prior ordinance history: Ords. 2002-06, 2003-003, 2003-032, 2004-021, 2005-005, 2005-010 and 2006-001.
50G.001 General.
The provisions of this chapter shall govern all utility rates, tap fees and deposits for all Village of Riverton utilities.
EXTRATERRITORIAL UTILITY SERVICES
UNIFORM POLICY REGARDING UTILITY BILLING REBATES AND CREDITS
UTILITY RATES AND TAP CHARGES*
| Up to 10 kwh | $3.00 |
| Over 10 kwh | .0825/kwh |
(2) Commercial and governmental– inside or outside corporate limits of Riverton.
| Up to 10 kwh | $3.00 |
| All over 10 kwh | .0853/kwh |
(3) Residential– outside corporate limits of Riverton.
| Up to 10 kwh | $3.25 |
| All over 10 kwh | .0982/kwh |
(4) Industrial and railroad service.
| Up to 10 kwh | $3.00 |
| All over 10 kwh | .1156/kwh |
(5) Senior citizens– (inside corporate limits of Riverton only).
| Up to 10 kwh | $2.70 |
| All over 10 kwh | .0774/kwh |
(B) Purchased Electricity Adjustment Clause. There is hereby established a purchased electricity adjustment charge, which will be automatically added to or subtracted from the rates set forth in subsection (A) of this section. The purchased electricity adjustment charge shall be calculated monthly on the tenth day of each month, and shall be the difference in cost per kwh delivered to the Village of Riverton delivery station as of November 1, 2007 and the cost as of the tenth day of the month in which the calculation is made. The purchased electricity adjustment charge shall be applied to all electricity metered between the day on which it is calculated and the tenth day of the succeeding month.
(C) Annual Adjustment of Base Rates. Beginning in November, 2008, and every November thereafter, the utilities committee of the village board shall determine, based on the most recent audit, any percentage increase or decrease in overhead expense for the electric department in the previous year. At a regular or special board meeting in December, 2008 and every December thereafter, the utilities committee shall report any such percentage increase or decrease in the overhead expenses of the electric department to the village board, which report shall be placed in the minutes of the meeting. Effective January 1, 2009, and January 1st of every year thereafter, the base electric rates established above will be increased or decreased by the percentage increase reported by the utilities committee, unless the village board by resolution determines otherwise. Should the utilities committee fail to report the percentage increase or decrease to the village board, then the foregoing base rates will be increased or decreased by the rate of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the previous calendar year, without further amendment of this chapter, unless the village board by resolution determines otherwise. The new rates shall be published on the village website.
| Residential Service | Nonresidential Service | |
| First 2,000 gallons | 11.16 | 11.16 |
| Next 4,000 gallons | 5.00/1,000 gal. | 5.00/1,000 gal. |
| Next 4,000 gallons | 5.58/1,000 gal. | 5.58/1,000 gal. |
| Over 10,000 gallons | 6.17/1,000 gal. | 6.17/1,000 gal. |
(2) Sewer Rates.
(a) The monthly charge for sewer services shall be based on the amount of water consumed as measured at the customer's meter, as follows:
1. All users– inside corporate limits of Riverton:
Demand charge– for availability of sewage treatment and for treatment of up to first two thousand gallons: fourteen dollars and ten cents.
For water used in excess of two thousand gallons: three dollars and ninety-two cents per one thousand gallons.
2. All users– outside corporate limits of Riverton:
Demand charge– for availability of sewage treatment and for treatment of up to two thousand gallons of water: fourteen dollars and ten cents.
For water used in excess of two thousand gallons: three dollars and ninety-two cents per one thousand gallons.
3. Surcharge for Exceptional Loads. For users of the sewage system with sewage discharge concentrations exceeding two hundred mg/l BOD or two hundred sixty-six mg/l SS, there will be a surcharge, as follows:
per pound of BOD: $ .2250 per pound
per pound of SS: $ .1724 per pound
(b) Minimum payment for persons who are obligated to connect to the village sewage system: All persons who are required by Section 54.004 of this code of ordinances to connect to the village sewer system, but who have not done so, shall be liable to pay the demand charge of fourteen dollars and ten cents per month (fifteen dollars and fifty cents for outside users) irrespective of water usage.
(B) Beginning in November, 2008, and every November thereafter, the utilities committee of the village board shall determine, based on the most recent audit, any percentage increase or decrease in overhead expense for the water and sewer department in the previous year. At a regular or special board meeting in December, 2008 and every December thereafter, the utilities committee shall report any such percentage increase or decrease in the overhead expenses of the water and sewer department to the village board, which report shall be placed in the minutes of the meeting. Effective January 1, 2009, and January 1st of every year thereafter, the water and sewer rates established above will be increased or decreased by the percentage increase reported by the utilities committee, unless the village board by resolution determines otherwise. Should the utilities committee fail to report the percentage increase or decrease to the village board, then the foregoing water and sewer rates will be increased or decreased by the rate of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the previous calendar year, without further amendment of this chapter, unless the village board by resolution determines otherwise. The new rates shall be published on the village website.
(Ord. 2008-001, passed 1-21-08).
50G.006 Water and sewer system tap fees.
(A) There is established a tap-on fee of nine hundred dollars for a standard three-fourths inch service, and one thousand dollars for a standard one-inch service for each connection made to the waterworks system, provided, however, that whenever a tap-on requires the crossing of a village street or a highway, there shall be a surcharge for the actual cost to the village of boring or excavating the street or highway, as the case may be.
(B) There is hereby established a tap-on fee of four hundred fifty dollars for each connection made to the sewerage system.
(Ord. 2008-001, passed 1-21-08).
50G.007 Gas system rates.
(A) The base monthly rate for natural gas service in the village based on furnishing one thousand BTU per cubic foot natural gas at sixty degrees Fahrenheit are as follows:
(1) For general and space heating use:
(a) First one thousand cu. ft.– ten dollars and six cents minimum monthly charge;
(b) Every one thousand cu. ft. thereafter– ten dollars and six cents.
(B) Purchased Gas Adjustment Charge. There is hereby established a purchased gas adjustment charge, which will be automatically added to or subtracted from the rates set forth in subsection (A) of this section. The purchased gas adjustment charge shall be calculated monthly on the tenth day of each month, and shall be the difference in cost per one thousand cubic feet delivered to the Village of Riverton delivery station as of November 1, 2007 and the cost as of the tenth day of the month in which the calculation is made. The purchased gas adjustment charge shall be applied to all gas metered between the day on which it is calculated and the tenth day of the succeeding month.
(C) Beginning in November, 2008, and every November thereafter, the utilities committee of the village board shall determine, based on the most recent audit, any percentage increase or decrease in overhead expense for the gas department in the previous year. At a regular or special board meeting in December, 2008 and every December thereafter, the utilities committee shall report any such percentage increase or decrease in the overhead expenses of the gas department to the village board, which report shall be placed in the minutes of the meeting. Effective January 1, 2009, and January 1st of every year thereafter, the base gas rates established in subsection (A) of this section will be increased or decreased by the percentage increase reported by the utilities committee, unless the village board by resolution determines otherwise. Should the utilities committee fail to report the percentage increase or decrease to the village board, then the foregoing base gas rates will be increased or decreased by the rate of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the previous calendar year, without further amendment of this chapter, unless the village board by resolution determines otherwise. The new rates shall be published on the village website.
(Ord. 2008-001, passed 1-21-08).
50G.008 Gas system tap fees.
(A) For all regular one-half inch taps and service connections, the village will furnish and install a valve service tee, service pipe, connection, fittings, regulator, meter and necessary stopcocks for the sum of four hundred fifty dollars for all complete connections made within the village limits. The maximum length of service line to be installed at this cost shall be seventy-five feet from the property line and such additional lengths as are required shall be paid for by the customer at the costs actually incurred by the village for materials and labor of the additional installation. In addition, whenever a tap-on requires the crossing of a village street or a highway, there shall be a surcharge for the actual cost to the village of boring or excavating the street or highway, as the case may be.
(B) For business or industrial purposes or for special space heating requirements, requiring larger than one-half inch service pipe with incidental larger fittings, stopcocks, regulators and meters, these service connections shall be made in a like manner and the entire service line from the property line shall be paid for at actual cost to the village; provided, that upon application therefor, special permission may be granted by the president and village board authorizing the applicant to make such service connections at their own expense under the supervision of and subject to such reasonable conditions and regulations as may be prescribed by such permit. None of these conditions are to be inconsistent with the provisions of this chapter.
(Ord. 2008-001, passed 1-21-08).
50G.009 Special rates.
The corporate authorities of the village may contract with users for special rates where, in the judgment of the corporate authorities, a user is in a special category and application of the rate to that user would not unlawfully discriminate against other users.
(Ord. 2008-001, passed 1-21-08).
50G.010 Temporary services.
The rates for temporary electric services in connection with construction activities are as follows:
(A) Tap fee: twenty-five dollars;
(B) Rate: the residential customer rate shall apply.
(Ord. 2008-001, passed 1-21-08).
50G.011 Additional tap fee and utility update regulations.
(A) All taps to any village utility system and updates of any service shall be made by village personnel, or by other competent personnel as approved by the superintendent of public works in his sole discretion.
(B) The superintendent of public works shall provide application forms for taps, and service updates, and no application shall be approved until the tap fee or update deposit is paid, together with any deposit required by Section 50G.015.
(C) All tap and service update applications shall be signed by an owner of record of the premises to be served.
(D) Tap fees are required for all utility installations unless the property served has an existing service that may be used without modification.
(E) The fee for an update of an existing utility service is the actual cost thereof. However, the superintendent of public works will estimate the actual cost of the village's labor, material and overhead for the update, and before the village updates the service, the customer shall pay a deposit equal to one hundred ten percent of such estimate. If the actual cost incurred by the village is more than the estimate, then the customer shall pay the difference; if the actual cost is less than the deposit, the customer will be refunded the difference.
(F) The village will install utility services up to and including the meter. The village will not install or be responsible for installations past the meter. The customer will install the electric meter base supplied by the village on the building at the desired location, and the village will wire to it. The village will make the final connection at the electric meter on the customer's side. The village may in its sole discretion make the final connection on the customer's side for water and gas meters.
(G) A village lineman will be present at all times during any service work past the meter requiring access to the meter. If such work is performed after normal business hours of the electric department, the customer will be responsible for the extra cost to the village thereof, including but not limited to any overtime pay and benefits for the lineman.
(Ord. 2008-001, passed 1-21-08).
50G.012 Regulations for customer-initiated and emergency disconnections.
(A) If a customer requests a disconnection in order to perform maintenance on the customer side of the meter, the village will perform the disconnection and subsequent reconnection free of charge during normal working hours upon reasonable notice. Disconnections and reconnections requested for any time after normal working hours of the relevant village utility department will be performed at the sole discretion of the superintendent of public works. The customer will be responsible for payment of the actual cost to the village, including overtime pay and benefits, of any village employee who performs disconnection or reconnection work after the normal working hours of the village utility department involved.
(B) The village recognizes the right of the Riverton area fire protection district to perform emergency shutoffs of electric and gas services. However, the village disclaims all responsibility for property damage or personal injury caused in whole or in part by such an emergency shutoff. The fire protection district shall immediately report any such shutoff to the superintendent of public works, or in his absence, to the chief of police.
(Ord. 2008-001, passed 1-21-08).
50G.013 Additional regulations regarding rates.
The burden is on the applicant for service to prove to the satisfaction of the office manager in the office manager's sole discretion that the applicant is entitled to any rate classification other than residential. The office manager's determination is subject only to review by the corporate authorities of the village upon request of the applicant within thirty days of such determination.
(Ord. 2008-001, passed 1-21-08).
50G.014 Charges for use of village equipment.
Whenever any section of this code of ordinances require a utility customer to pay the village the cost of installation or update of a utility, such cost shall include charges for the use of village-owned equipment at rates equal to the current published FEMA schedule of equipment rates.
(Ord. 2008-001, passed 1-21-08).
50G.015 Utility deposits.
(A) Electric Energy. Any person, firm or corporation, who or that may apply for electric energy or current, shall be required to make a cash deposit with the treasurer of the village for the security of his, her or its account in the following amounts:
(1) Establishments (except holders of club licenses) engaged in the sale of retail of alcoholic liquor within the meaning of the Illinois Liquor Control Act: five hundred dollars.
(2) Other industrial enterprises and commercial and business enterprises: three hundred dollars.
(3) Owner-occupied private residences, whether established or newly constructed:
(a) Without electric heat: one hundred fifty dollars;
(b) With electric heat: two hundred dollars.
(4) Tenant-occupied private residences, whether established or newly constructed:
(a) Without electric heat: one hundred fifty dollars, if the owner co-signs the application and agrees to be liable for all utility bills in the event of the tenant's failure to pay, or if the tenant provides a letter from his or her prior utility providers showing a twelve-month history of current payments; three hundred dollars if the owner does not co-sign the application and the tenant cannot provide such a letter from a prior utility provider.
(b) With electric heat: two hundred dollars if the owner co-signs the application and agrees to be liable for all utility bills in the event of the tenant's failure to pay, or if the tenant provides a letter from his or her prior utility provider showing a twelve-month history of current payments; four hundred dollars if the owner does not co-sign the application and the tenant cannot provide such a letter from a prior utility provider.
(B) Natural Gas Service. Any person, firm or corporation who or that may apply for natural gas service shall be required to make a cash deposit with the treasurer of the village in the amount of fifty dollars.
(C) Extraterritorial Water Service. Any person, firm or corporation located outside the corporate limits of the Village of Riverton who may apply for water service shall be required to make a cash deposit with the treasurer of the village in the amount of fifty dollars.
(D) The village shall waive the foregoing cash deposits for a residential customer who is the owner of the premises being served and who can establish a history of good credit, either with the village or some other municipal or public utility, for one year. The deposit shall not be waived for a renter.
(E) Residential customers who own the premises being served and have had not more than two late payments per year for the last two years shall receive a refund of the current security deposit.
(F) All cash deposits shall be kept in accounts separate from all other village funds. Deposits shall bear interest from the first day of the month following the month in which the deposit is made. All such interest shall be at the rate of four percent per annum or the rate established by the Illinois Public Treasurer's Investment Pool, whichever is lower, and shall be credited to the account of each depositor on May 1st of each year.
(Ord. 2008-001, passed 1-21-08).
Chapter 51 Sections:
51.001 Application for taps and service connections to natural gas system.
51.003 Specifications for regular gas service connections.
51.004 All service shall be metered.
51.005 Meters, regulators, fittings and appurtenances connected with system to be open to inspection.
51.006 Meter reading conclusive.
51.007 Test of meters.
51.008 Separate meters for each distinct premises.
51.009 Meter, regulator or village owner equipment damaged.
51.013 Village not liable for an interruption of service or supply.
51.014 Connection with private lines, general rules, regulations.
51.015 Regulations relative to customers piping, facilities, appliances and necessary venting.
51.016 Rules to become part of contract.
51.017 Extensions of gas mains and service.
51.018 Tampering with meter, regulator or any parts of the gas system belonging to the village.
51.019 Gas committee.
51.020 Protection of natural gas service lines and mains during construction.
51.999 Penalty.
51.001 Application for taps and service connections to natural gas system.
(A) Any person, firm or corporation desiring to make a gas tap or service connection with the natural gas system of the village shall file a written application thereof in the office of the superintendent of public utilities of the village upon blank forms to be provided for such purpose, signed by the owner of the property for which such tap or service connection is desired, or by a duly authorized agent of such owner. Such application shall be accompanied by payment of the fees set out in this chapter to cover the cost of such service connection. In the event such application is made by an agent for such owner, then such application shall also be accompanied by the written authority of such owner to such agent for the making of such application. Where service lines are laid on private property, an easement shall be executed by the owner thereof providing for the installation and maintenance of the proposed service lines to be installed and maintained by the village and for the extension along or across such property for making other service connections from the same service line.
(B) Upon the filing of such application, if the same is in proper form and the cost advanced as herein required, an order for the installation of service pipe, tap, meter and service connections will be issued to the officer or employees of the village having charge of such work whose duty it shall be to make such installation and connection without unnecessary delay, and to return such order, immediately upon completion of the work with an endorsement thereon signed by such officer or employee, showing the date, place and manner in which such taps or service connections were made, and an itemized statement of the cost thereof. All applications and the orders and reports issued and returned thereon shall be appropriately numbered and kept on file in the office of the gas department as a permanent record.
(C) In addition to the cost of the gas service connection, each application shall be accompanied with a deposit of fifty dollars to be known as a meter deposit charge.
(D) This meter deposit charge shall be deposited in the natural gas meter deposit fund and in the event any customer discontinues service and has paid in full all amounts due for has or service charges, then the full amount of the deposit shall be refunded. However, in the event that any amounts are due from such customer, either for gas or service charges, then such amounts shall be deducted and paid into the proper fund and the balance shall be refunded.
(E) Any customer who has paid all amounts due within the specified period for a period of five years shall, upon application to the village, be refunded his deposit.
(Ord. 78-011, passed 10/3/78). Penalty, see § 51.999.
51.003 Specifications for regular gas service connections.
(A) All gas service connections made to the gas mains of the distribution system of the village shall be substantially as follows: The connection at the main shall consist of a valved service tee for 3/4 inch I.D. field pipe. Valve tees shall be welded in a workman like manner to the main. The connection with the service tee shall be made with a black iron street dl, nipple and insulated union. Service lines shall consist of 3/4 inch black iron pipe, coated and wrapped to protect it against corrosion, which shall be laid approximately 18 inches below the ground surface. Service lines shall be extended above the ground surface approximately one foot at or near the building to be serviced and fitted with a 3/4 inch black iron stop cock. Prior to drilling the main for gas service, the aforementioned service line shall be tested at 100 pounds pressure. The regulator and meters shall be capable of handling a sufficient volume of gas to serve the needs of the customer. All materials and construction procedure shall conform to the latest standards of the American Gas Association.
(B) Wherever it is necessary for service lines to cross under high type pavements, the service line shall be installed by boring or jacking the service line through underneath the pavement from a point six foot outside of the pavement to six foot beyond the edge of the pavement. Copper pipe type "K" shall be used for this installation and shall be joined to standard black iron service lines by means of dresser couplings and insulating adapter gaskets. The insulating adapter gaskets shall be "Mueller" Catalog No. H– 11499 or approved equal.
(C) All lines and fittings shall be capable of withstanding a working pressure of not less than 125 pounds P.5.1. and shall be so rated by the manufacturer. One fitting of the meter swivel shall be insulated.
(D) Service connections, where the gas consumption will be in excess of the capacity of the above specifications, shall be made in the manner specified by the engineer or superintendent of public utilities.
(Ord. 121, passed 9– 2– 58) Penalty, see § 51.999
51.004 All service shall be metered.
(A) All gas service shall be metered with a meter of adequate size to measure the amount of gas consumed. Meters shall be of the positive type and shall be American Gas Association approved.
(B) All meters shall be so placed and installed as to render the same accessible at all times for the purpose of reading and repairing. All meters shall be set outside of the buildings wherever practical. Indoor installations must be vented with an adequate vent extending to the outside.
(Ord. 121, passed 9– 2– 58) Penalty, see § 51.999
51.005 Meters, regulators, fittings and appurtenances connected with system to be open to inspection.
At all reasonable hours, meters, regulators, fittings, fixtures and appurtenances connected with the system and located on private property shall be open for inspection by the proper officers or employees of the village. Any part found to be defective or not in compliance with the provisions of this chapter shall be immediately repaired or corrected. Service may be discontinued at any time when conditions of the privately owned facilities create danger or hazard.
(Ord. 121, passed 9– 2– 58) Penalty, see § 5l.999
51.006 Meter reading conclusive
All gas customers shall be liable for the gas consumption as shown by the meter. Waste, leakage or other causes not the liability of the village, shall be included under such liability. Tile meter reading shall bi conclusive provided that whenever the village shall find any meter not registering, then an average bill may be rendered based at the option of the village, on either the nearest previous three months average use when meter was in good order, or based on the same month or months of the preceding year. Whenever the village shall have reason to believe that the meter is not registering correctly, then an average bill as stated above may be rendered and the meter removed for testing. If such average bill should prove to be incorrectly estimated, either by actual testing or by actual gas consumption, after being replaced by a corrected meter, then such bill shall be compared and adjusted.
(Ord. 121, passed 9– 2– 58)
51.007 Test of meters.
(A) Any consumer may request the village to make a test of the accuracy of the meter then muse on their premises. Such teats will be made by the village without charge, provided that such meter has not been tested within 2 years preceding such a request. In case a consumer requests an accuracy test of a meter which has been previously tested within 2 years, then the consumer shall be required, prior to making test, to deposit with the village the sum of $5 to cover the cost of removing, testing and replacing such meter.
(B) In the event such meter is found by testing, to register incorrectly at full capacity, by more than 2%, then mother accurate meter shall be substituted and the test deposit shall be refunded. Past gas bills shall be adjusted by refund or credit of such percentage of the amount of the gas bills for a period of not more than 3 months previous to such test.
(C) In the event that the meter is found to be registering correctly, the consumer shall forfeit the test deposit and such funds shall be deposited in the gas operating funds of the village.
(Ord. 121, passed 9– 2– 58)
51.008 Separate meters for each distinct premises.
No person, firm or corporation shall connect any gas service pipe or transmit gas supplied by the natural gas system of the village, into two distinct premises from one meter. Apartment buildings having separate dwelling units may be serviced from a single meter. Duplex dwellings shall be serviced from individual meters.
(Ord. 121, passed 9-2-58). Penalty, see § 51.999.
51.009 Meter, regulator or village owned equipment damaged.
(A) Whenever a meter, regulator or other equipment of a service connection which has been installed by the village is found to have been damaged for any cause whatsoever, such damages shall become the liability of the customer who shall pay the village the actual cost of removal, repairing and/or replacing of such damaged equipment.
(B) In the event such damage has caused inaccurate metering, then such gas bills shall be corrected in the manner previously provided for herein to cover such period that the meter was out of order.
(Ord. 121, passed 9-258).
51.013 Village not liable for an interruption of service or supply.
(A) The village shall have the right to shut off the supply of gas whenever it is necessary to make repairs, improvements, enforce rules or for any operating reason. In all cases where possible, a reasonable notice of the circumstances will be given to the customers, but in an emergency the gas may be shut off without notice. Such necessary repairs or work will be made by the village as rapidly as may be practical. The village shall not be held responsible or liable because of any shut off or discontinuance of service for any direct or resultant damages to any person, company or customer.
(B) In the event of such discontinuance of gas service, the village will make every attempt to safeguard the customer; and service shall not be renewed until the village authorities have purged the lines and put into service all automatic controls and pilots. The cost of purging of lines, relighting pilots and checking automatic controls, will be borne by the village and the customer will not be liable for any portion thereof. Where the nature of the customer's operations are such that an interruption of service might create a hazard ox large economic loss, such customer shall provide facilities for standby service if desired.
(C) Whenever mains, pipes, service connections or other facilities of the gas system are taken up, shut-off or interferred with by reasons of any village street improvement, the village will endeavor to maintain service so far as is reasonably possible, but will not be directly or indirectly liable for any interruption, poor pressure or damage of any kind either to the customers adjacent or to other customers affected thereby. Direct damage to property due to such operations shall be either repaired or replaced by the village without cost to the customer.
(D) The village expressly stipulates with all customers and other persons who may be affected by the discontinuance of service that it will neither insure nor be responsible or liable in any manner for any loss or damages direct or indirect by any reason of any fire, or any other cause and all gas service furnished shall also be conditional upon acts of God, inevitable accidents, fire, strikes, riots or any other causes.
(Ord. 121, passed 9-2-58)
51.014 Connection with private lines, general rules, regulations.
(A) Whenever a connection is made with a private line, such service shall be metered at the point of such connection and the customer requesting such service shall provide a satisfactory location for the placing of such metering devices, regulators and other materials and equipment required. Such private lines shall be subject to the inspection and approval of the village prior to making the necessary service connections.
(B) The village shall have the right and option to demand changes, removal or replacement of any pipe, fixtures ox apparatus which is considered to be faulty, inadequate or hazardous, provided however that this provision shall not obligate the village in any way or manner. The village shall have the right to refuse or to discontinue gas service without notice to its customers if the village finds any apparatus or appliance in. operation which would be detrimental to the efficient operation of the existing facilities.
(C) All persons, firms, corporations and customers are strictly forbidden to attach any electrical ground wire to any fixture or piping which is or may be connected to any gas service pipe, meter or main belonging to the village. The village will hold the owner of the premises responsible and liable for any damage to its property or injury to the employees of the village caused by such ground wire. Any and all customers, persons, firms or corporations shall remove any existing ground wires immediately and if such ground wires are not removed after 24 hours written notice, the village through its officials, may enter the property and remove such ground wires and the customer shall pay all costs. All questions and complaints shall be wade to the gas department of the village who shall be responsible for the proper investigation. The department shall be required to make a full report to the customer in all such cases, a copy of which shall be filed with the village clerk and reported by him to the president and village board at the next regular meeting. Any disrespectful or unwarranted acts of the village employees shall be reported immediately. All employees of the village are strictly forbidden to demand or except any tips, gratuity or other personal compensation for any services whatsoever rendered during working hours.
(Ord. 121, passed 9-2-58) Penalty see § 51.999
51.015 Regulations relative to customers piping, facilities, appliances and necessary venting.
(A) All house piping shall be of rigid construction. The pipe from the outlet of the meter shall be of iron pipe not less than one inch inside diameter and shall enter the house wall or be securely fastened to the wall by means of suitable metal strap or clamp at a point not more than 18 inches from the outlet connection of the meter, and if extended along the outside wall shall be fastened throughout. In instances where piping from meter enters the wall, the opposite end shall be securely fastened so that the pipe will not turn when fitting at the meter are put on. The piping from the meter through or along the wall shall constitute, and hereinafter be called the "House Pipe Manifold." The one inch manifold will be used where the total hourly demand for gas does not exceed 400 cubic feet per hour. Where the total hourly demand of a building or house is in excess of 400 cubic feet of gas per hour the village gas department must be consulted for specifications for the house pipe manifold.
(B) From any house pipe manifold, pipe to the various appliances shall be of the same dimensions as the fitting on the appliance where such appliance is designed and approved for natural gas. Where appliances are to be converted from liquefied petroleum gas, pipe from the manifold to the appliance shall be of such size as would be approved by the American Gas Association for natural gas appliances having the same B.T.U. input rating.
(C) From the house pipe manifold any appliance pipe may be extended a maximum distance of 40 lineal feet. For each 90° turn in the appliance pipe 3 lineal feet shall be deducted from the maximum distance. Copper pipe may be substituted for iron pipe from the manifold to the appliance. Copper pipe must have O.D. dimension equivalent to I.D. of standard iron pipe. Only type K copper pipe may be used. All copper fittings must be of flare type only. When copper tubing is used, insulated copper to iron fittings must be used at the meter end and appliance end of tubing.
(D) No connection will be made with any house type manifold that has not been tested for leakage.
(E) All gas conversion burners to be installed shall be A.G.A. approved. All designated heating plants shall be A.G.A. approved and the manufacturers' recommendations for the installation shall be followed.
(F) No conversion burner shall be installed in an old or inefficient warm air furnace which is in poor repair or in an old or leak boiler which is in poor repair. Test for leakage shall be with oil of Wintergreen or smoke bomb on any warm air heating plant before installing a conversion burner. Furnaces must be reset if found to be leaking.
(G) Before connecting a flue or vent connector into any chimney, the chimney shall be examined to ascertain that it is properly constructed, clear, clean and will freely conduct the products of combustion from the gas heating appliance in question to the outer air.
(H) All appliances, excepting cook stoves, with over 8,000 B.T.U. per hour input rating must be vented. No unvented appliance excepting cook stoves, shall be placed in the same room with a gas refrigerator. An approved type vent pipe and draft diverter shall be installed on all gas burning space heating and water heating appliances-vent pipe shall be installed with not less than 1/2-inch rise per foot of horizontal run. General rules for venting as prescribed by A.G.A. must be followed.
(I) All positive type catches on firing door shall be eliminated and a hinge pin and spring be installed.
(J) All heating plants of the down draft type shall be vented by connecting a one inch black iron pipe from the highest point of the flue passage of the heating plant to the flue pipe. The one inch iron pipe shall be welded or screwed into the furnace in a manner to assure no leakage.
(K) A gas shut-off shall be installed in the fuel line directly above the appliance manifold connection. Such shut-off to be plainly marked. Gas pilot line shall be connected to fuel line ahead of main shut-off valve.
(L) A high limit control shall be installed on all heating plants. A low water cut-off control shall be installed on all gas fired steam boilers.
(M) All gas burning appliances shall be installed in a location in which the facilities for ventilation permit satisfactory combustion of gas and proper venting under normal conditions of use. The necessary measures shall be taken to ascertain that the above ventilation conditions are present.
(N) The final tie-in of the gas line to the meter shall be made by the village. Before the final tie-in is made it shall be the duty of the village gas department to make a complete inspection.
(Ord. 121, passed 9-2-58) Penalty, see § 5l.999)
51.016 Rules to become part of contract.
All the rules and regulations concerning the use of the facilities of the natural gas system of the village and the consumption of gas therefrom shall become a part of the contract with every gas customer, and every gas customer shall be subject thereto and bound thereby.
(Ord. 121, passed 9-2-58)
51.017 Extensions of gas mains and service.
(A) The village shall not be required to extend service within the village limits a distance of more than 100 feet per customer, and only then when sufficient funds are available, in excess of those required for the proper operation of the system. Extension of mains and service outside of the village limits shall be subject to approval of the Board and shall be also subject to all of the rules and regulations and provisions as provided herein or as may be amended.
(B) Where service is desired when funds for extensions are not available or/and when the distance is in excess of the 100 feet per customer noted above, such extension can be made if the applicant will deposit with the village the estimated cost of making the extension, less 100 feet, when funds are available, or the entire amount when funds are not available. The amount so deposited shall be refunded to such consumer or consumers at the rate or 50% of each monthly billing until the total deposited has been refunded. Such deposit shall be interest free. In the event that the amount deposited is greater or less than the actual cost of the extension, such excess or deficiency shall be corrected prior to giving service.
(C) Deposits made under the provisions of this section shall not exempt the applicant from the payment of all other charges required by this chapter.
(D) Amounts received by the village for such extensions shall be deposited in the meter deposit fund and payments for refunds shall likewise be said from the same fund.
(Ord. 121, passed 9-2-58) Penalty, see § 51.999.
51.018 Tampering with meter regulator or any parts of the gas system belonging to the village.
It shall be unlawful for any person, firm, corporation or customer to break the seal of any meter or in any manner to make any alterations, changes or repairs on the same or to open any mains, laterals, service pipe, stop cocks, valves, or any part thereof or otherwise tamper with or attempt to do any work on either or any of them without authority of the village or its properly authorized agent. Any person who shall violate any of the provisions of this section or who shall willfully or maliciously injure or damage any property connected with the gas system of the village shall be subject to the penalty hereinafter prescribed.
(Ord. 121, passed 9-2-58) Penalty, see § 51.999.
51.019 Gas committee.
The president shall appoint a committee of 2 members of the board as a gas committee, one of whom shall be appointed as chairman. .It shall be the gas committee's duty to confer with the duly authorized agent appointed to operate and maintain the gas system of the village and to institute such additional rules and regulations for the operation of the gas department as may be required for its efficient operation from time to time. All action of the committee shall be subject to the approval of the village board.
(Ord. 12l, passed 9-2-58)
51.020 Protection of natural gas service lines and mains during construction.
(A) Plans for construction work which include trenching or excavation must include the general location of all natural gas service lines and mains which cross the construction or are located within ten feet of the outer limits of the proposed trenching or excavation.
(B) A preconstruction conference must be held not less than two weeks prior to the beginning of trenching or excavation work, and minutes of that conference must be maintained in the permanent records of the gas utility.
(C) The preconstruction conference mentioned in subsection (B) of this section should be attended by the superintendent of the excavator and by the gas manager or superintendent of the gas utility or a designated member of the gas committee.
(D) A written request for surface marking must be delivered by the excavator to the gas manager or superintendent of the gas utility or a designated member of the gas committee not less than two full working days prior to the initiation of excavation.
(E) Gas facilities to be exposed by excavations shall be specifically identified to the gas manager or superintendent of the gas utility or a designated member of the gas committee by the excavator twenty-four hours in advance of the time that such facility or facilities will be exposed.
(F) The excavator shall report any incident in which gas facilities are accidentally exposed, but not damaged, to the gas manager or superintendent of the gas utility or a designated member of the gas committee not less than two hours following such accidental exposure of facilities.
(G) A qualified employee of the village's gas utility shall be present at the site of any excavation occurring within ten feet of any gas service line or other gas facility.
(H) The cost incurred in providing the person described in subsection (G) above shall be paid by the excavator at actual cost to the gas utility of the village.
(Ord. 88-012, passed 9-20-88)
51.999 Penalty.
Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not less than five dollars nor more than two hundred dollars.
(Ord. 121, passed 9-2-58).
Chapter 52 Sections:
52.001 Application for electric energy or current.
52.002 Removal of obstructions interfering with installation.
52.003 Village electrician to maintain the electric system.
52.004 Cash deposit requirement.
52.005 Cost of tap and electric service connections.
52.006 Temporary or construction meter charge.
52.007 Underground distribution system.
52.008 Extension of service to any entitled customer.
52.009 Village may enter into special contractual agreements.
52.010 Sales to customers subject to additional charge.
52.013 Interfering with any equipment prohibited; liability for damages.
52.014 By-pass device prohibited.
52.015 Electric and Fire Codes to be adhered to.
52.016 Maintenance of adequate service.
52.017 Senior citizen defined.
52.999 Penalty.
52.001 Application for electric energy or current.
Every person, firm or corporation desiring electric energy or current from the village shall make written application to the village at the village office, setting forth therein the name of such applicant, the location of the premises wherein service is desired, the nature and kind of service and the proposed use thereof. Delivery of said application shall be made by filing the same with the bookkeeper of the village at the office of the village. In case of new building construction, such application shall be made simultaneously with the application for a building permit.
(Ord. 72-012, passed 12-5-72).
52.002 Removal of obstructions interfering with installation.
The village electrician shall have the power to remove or cause to be removed any trees or branches on any street or alley in any way obstructing or interfering with the installation of any portion of the electric system of the village or its proper maintenance and operation.
(Ord. 72-012, passed 12-5-72).
52.003 Village electrician to maintain the electric system.
Under the supervision and direction of the village board, the village electrician shall operate and maintain the electric system of the village, subject to all ordinances and resolutions adopted by the president and the board of trustees of the village.
(Ord. 72-012, passed 12-5-72).
52.004 Cash deposit requirement.
(A) Any person, firm or corporation, who or that may apply for electric energy or current, shall be required to make a cash deposit with the treasurer of the village for the security of his, her or its account in the following amounts:
(1) Establishments (except holders of club licenses) engaged in the "sale at retail" of "alcoholic liquor" within the meaning of § 95.05 and § 95.18 of Chapter 43, Illinois Revised Statutes, three hundred dollars:
(2) Other industrial enterprises and commercial and business enterprises, one hundred twenty-five dollars;
(3) Established private residences:
(a) Without electric heat, one hundred dollars;
(b) With electric heating, two hundred dollars;
(4) Newly constructed private residences:
(a) Without electric heat, one hundred dollars;
(b) With electric hearing, two hundred dollars;
(B) After five consecutive years, the village office, as authorized by the board of trustees, may, in their discretion, refund the deposit. Such refund shall be on the basis of a good record of timely payment of the utility bills rendered to the depositor by the village.
(C) If a former customer of the village electrical utility reapplies for residential service, the village office, at the instruction of the village board of trustees, may waive an additional deposit, even though a refund has been made to the former customer of previous deposits made by him. Such waiver of additional deposit shall be at the discretion of the village board of trustees, and shall be based upon the customer having a good and timely record of payment of previous or present utility bills.
(D) All cash deposits shall be kept in an account separate from all other village funds. Deposits now in the hands of the village shall bear interest from the first day of the month following the month in which this chapter becomes effective. Deposits made by the consumers in the future shall bear interest from the first day of the month following the month in which the deposit is made. All such interest shall be at the rate of four percent per annum. Such interest shall be credited to the account of each depositor on May 1st of each year.
(Ord. 81-001, passed 1-20-81).
52.005 Cost of tap and electric service connections.
Any person, firm or corporation applying for the extension of the village distribution system to provide electric service to a dwelling, trailer or mobile home shall not be granted such service by the village unless and until such applicant shall pay to the village the sum of seven hundred fifty dollars. Such payment shall be payable in advance and is nonreturnable. The maximum length of service line to be installed at this cost shall be seventy-five feet from the property line and such additional lengths as are required shall be paid for by the customer at the customer at the cost actually incurred by the village for materials and labor of the additional installation. If such applicant pays the village the amount of such estimated costs, as estimated by the village and the village extends service to such applicant's dwelling, trailer or mobile home, and the estimate exceeds the amount actually expended, then the village shall refund to the applicant any amount by which such estimated cost exceeds the actual cost incurred by the village; if the amount actually expended exceeds the amount of the estimate, then the applicant shall pay to the village any amount by which such actual cost exceeds the estimated cost already paid.
(Ord. 81-001, passed 1-20-81: Ord. 2002-11, passed 4/1/02; Ord. 2007-007, passed 3-19-07).
52.006 Temporary or construction meter charge.
(A) Any person, firm or corporation applying for a building permit and needing temporary power shall install a temporary construction meter set of a type which is approved by the village electric department. The village shall provide the meter for this set and make the connection to it. The fee for this service shall be twenty-five dollars. Payment of this fee shall be made in advance and is not returnable.
(B) The charge for electric energy or current billed monthly through such meters will be at the appropriate rate as provided for herein. An advance deposit will be required as provided in Section 52.004 when any person, firm or corporation applies for permanent service.
(Ord. 81-001, passed 1-20-81; Ord. 2003-032, passed 10-20-03).
52.007 Underground distribution system.
The village will provide an underground distribution system in new subdivisions or in new developments of more than one residence at cost to the developer. The developer must provide all necessary easements and enter into an agreement with the village to pay for the cost of the underground distribution system. Such agreement may provide that the developer may receive credit for each new customer added to the village electric system as residences are completed and occupied in the amount of the quotient obtained by dividing the total cost of the underground distribution system by the number of dwellings contemplated to be built in the new subdivision or development.
(Ord. 72-012, passed 12-5-72).
52.008 Extension of service to any entitled customer.
(A) The village shall extend electric service to any customer entitled thereto as otherwise provided in this chapter, provided, that the applicant for service shall provide any necessary easements required for the service drop or underground service. The village shall determine whether or not the service shall be overhead or underground. The provisions of this section apply where a customer applies for new service to a one-family dwelling, which would require a new service line, or under other circumstances where the village would be required to install a new service under its regularly followed practices and policies.
(B) In the event of overhead service, the village shall, at its expense, extend such service by overhead wires, with necessary poles.
(C) In the event of underground service, the village shall extend such service by underground cable up to customer's house or other structure. The village shall provide and pay for the first seventy-five feet of such underground service cable and the village shall provide, at customer's expense, any additional service cable required.
(D) In any extension of service to an entitled customer as provided in this section, the village shall supply the costs on such extension in accordance with subsection A of this section; provided, however, that extension of service costs exceeding those normally incurred by one-family dwelling shall be charged to the builder by the village. Such costs shall include, but not be limited to, additional or heavier wiring, meters, transformers and other expenses not normally incidental to the costs of a one-family dwelling. Such additional costs shall be billed to the builder. The village will require the builder to deposit the estimated costs in advance of the extension of service.
(Ord. 77-016, passed 12-20-77).
52.009 Village may enter into special contractual agreements.
From time to time the village may enter into special contractual agreements where the nature of the electric service requires it to do so.
(Ord. 72-012, passed 12-5-72).
52.010 Sales to customers subject to additional charge.
Sales of electric service by the village to customers is subject to additional charge pursuant to Sections 1 and 2 of "The Public Utilities Revenue Act" as amended levying a tax on the service rendered. Therefore, the village will add a five percent tax, or other rate as determined by law, on the net amount and gross amount of the cash bill as calculated according to the applicable rate contained herein.
(Ord. 72-012, passed 12-5-72).
52.013 Interfering with any equipment prohibited; liability for damages.
(A) It shall be unlawful for any person to interfere in any manner or in any way deface, injure or destroy any wires, wiring, poles, transformers, meters, street lights, or other property of the village electric system.
(B) Any person damaging any facilities of the village electric system as described in this chapter is liable to the village for all damages which the village may sustain. The measure of liability is the cost of repairing or replacing the facilities so damaged and includes material and labor.
(Ord. 72-012, passed 12-5-72). Penalty, see § 52.999
52.014 By-pass device prohibited.
In the event any consumer secures electric energy or current by the use of some device whereby such electric energy or current, or some part thereof, is not registered by the meter placed by the village for the measuring of such electric energy or current, then the village shall discontinue, cut off and remove its services and shall not again connect such consumer for the purpose of supplying such consumer with electric energy or current until such consumer shall pay to the village the sum of seventy-five dollars for the purpose of again being connected with the village electric system.
(Ord. 72-012, passed 12-5-72).
52.015 Electric and Fire Codes to be adhered to.
The Electric and Fire Codes of the state of Illinois shall be adhered to at all times. No connection shall be granted unless the provisions of these Codes are observed. Extension of electric services from one established unit to another is hereby prohibited without approval of the board of trustees. All dwellings, trailers and mobile homes for which an electrical connection is desired must be serviced through a separate meter and charged for at the applicable rate stated in this chapter.
(Ord. 72-012, passed 12-5-72).
52.016 Maintenance of adequate service.
The village will endeavor to maintain adequate and continuous electric service to its customers, but does not guarantee that the supply of energy will, at all times, be constant; and the village shall not be liable to the customer for any damages resulting from temporary cessation of service occasioned by fire, explosion, flood, strike, insurrection, mob violence, governmental interference, breakdown, or injury to machinery or distributing lines, or other accidents or causes not reasonably within its control.
(Ord. 72-012, passed 12-5-72).
52.017 Senior citizen defined.
For purposes of this chapter, "senior citizens'" rates (Rate 5) shall apply to any individual sixty-two (62) years of age or older who is a consumer within the limits in which the village operates its distribution system for electrical energy, and who is the primary wage earner of the household. The individual qualifying under this definition shall reside in the property where the rate shall be applicable and this category does not apply to property not occupied as the principal residence of the applicant. For the purpose of qualifying for "senior citizens" rates (Rate 5), the burden of proof shall be on the applicant at the time of the initial application or upon subsequent application for this rate.
(Ord. 75-015, passed 12-2-75).
52.999 Penalty.
Whoever violates any provision of § 52.013 shall be fined not less than ten dollars nor more than five hundred dollars for each offense.
(Ord. 72-012, passed 12-5-72).
Chapter 53 Sections:
53.0001 Statutory provision adopted by reference.
53.0002 Applicability.
53.0003 Posting and availability.
53.0004 Copies.
53.0005 Filing.
53.001 Statutory provision adopted by reference.
To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by any one under contract for public works," approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works coming under the jurisdiction of the village of Riverton is hereby ascertained to be the same as the prevailing rate of wages for construction work in Sangamon County area as determined by the Department of Labor of the state of Illinois as of June 1986, a copy of that determination being attached hereto and incorporated herein by reference. The definition of any terms appearing in this chapter which are also used in aforesaid act shall be the same as in said act.
(Ord. 80– 007, passed 6– 17– 80; Amending Ord. 86– 002, passed 2– 4– 86).
53.002 Applicability.
Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the village of Riverton to the extent required by the aforesaid act.
(Ord. 80-007, passed 6-17-80; Amending Ord. 86-002, passed 2-4-86).
53.003 Posting and availability.
The village of Riverton clerk shall publicly post or keep available for inspection by any interested party in the main office of the village this determination of such prevailing rate of wage.
(Ord. 80-007, passed 6-17– 80; Amending Ord. 86-002, passed 2– 4– 86).
53.004 Copies.
The village of Riverton clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates.
(Ord. 80-007, passed 6-17-80; Amending Ord. 86– 002, passed 2– 4– 86).
53.005 Filing.
The village of Riverton clerk shall promptly file a certified copy of the ordinance codified in this chapter with both the Secretary of State and the Department of Labor of the state of Illinois.
(Ord. 80-007, passed 6-17-80; Amending Ord. 86– 002, passed 2– 4– 86).
Chapter 54 Sections:
54.001 Grade.
54.002 Specifications.
54.003 Cost of sidewalks.
54.004 Village sidewalk replacement cost sharing program.
54.001 Grade.
The superintendent of public works shall approve the grades for all sidewalks, and the same shall conform, as nearly as possible, to the grades of the respective street. No person may construct or lay or cause to be constructed or laid any sidewalk where no grade has been approved by the superintendent of public works, or contrary to any grade approved by the superintendent of public works.
(Ord. 95-022, passed 10-2-95).
54.002 Specifications.
All sidewalks shall be constructed in accordance with specifications as established by the superintendent of public works. No sidewalk shall be constructed to less than four feet in width.
(Ord. 95-022, passed 10-2-95)
54.003 Cost of sidewalks.
The cost of any new sidewalk shall be borne by the property owner. In any new residential subdivision, the cost of constructing sidewalks shall be borne by the developer as established in the village's subdivision ordinance. Repair and maintenance of existing sidewalks shall be at the cost of the village and shall be performed solely at the discretion of the village.
(Ord. 95-022, passed 10-2-95)
54.004 Village sidewalk replacement cost sharing program.
(A) There is hereby established a village sidewalk replacement cost sharing program. Any person, firm or corporation desiring to replace a sidewalk may apply for participation in the program, during an application period to be established yearly by the village board. Applications shall be considered in the order of their receipt, and may be approved or denied by the superintendent of public works after consultation with the village board on the basis of the superintendent's perceived need for replacement of the sidewalk in view of available funds left in the year's sidewalk appropriation.
(B) Applications for participation in the sidewalk program shall be on a form prescribed by the superintendent of public works. Each application shall be accompanied by a sketch map and, if the landowner has solicited a contractor for the work, with a copy of the contractor's bid, quote or contract. If the property owner has not selected a contractor and is doing his, her or its own labor, then the owner shall submit a statement of materials including costs to the village. The superintendent of public works shall review the application for completeness and shall consider whether the prices in the bid or statement of materials are in accordance with generally prevailing costs within the Village of Riverton. The owner shall be notified within ten business days of closing of the filing period whether the application is approved.
(C) After the sidewalk is constructed and inspected to the satisfaction of the superintendent of public works, the applicant shall, within ninety days of the applications approval date, present to the superintendent of public works evidence of payment for the materials or payments to the contractor. The village shall reimburse the applicant the lesser of:
(1) One-half the bid price or cost of materials price as set forth in the application; or
(2) One-half the actual payments for the work or the materials, if different from subsection (C)(1) of this section.
Reimbursements shall be processed by the village within thirty days of receipt of evidence of payment.
(D) The village may in its discretion pool any or all of the approved sidewalk projects for a single bid by a single contractor. In such event, the pooled bid price shall be allocated among the applicants who wish to participate in the pooled bid pro rata in proportion to the linear feet of sidewalk to be replaced. Each owner shall pay the village one-half of the allocated pool bid price in advance of the contractor performing the work; in which case the reimbursement provisions set forth in subsection (C) of this section shall not apply.
(Ord. 95-022, passed 10– 2– 95)
Chapter 55 Sections:
55.001 Purpose.
55.002 Definitions.
55.003 Prohibitions.
55.004 Waivers, exceptions and certifications of minimal hazard.
55.005 Exclusion.
55.006 Violation– Penalty.
55.001 Purpose.
Pursuant to the authority conferred by Section 11-125-4 of the Illinois Municipal Code, and the interest of securing the public health, safety and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this chapter shall apply to all properties located within the minimum setback zone established under Section 14.2 of the Environmental Protection Act (415 ILCS 5/14.2) and this chapter , and the maximum setback zone established under Section 14.3 of the Act (415 ILCS 5/14.3).
(Ord. 94-031, passed 11-7-94).
55.002 Definitions.
Except as stated in this code, and unless a different meaning of a work or term is clear from the context, the definition of words or terms in the code shall be the same as those used in the Act and the Illinois Groundwater Protection Act, 415 ILCS 55/1 et seq.
(A) "Act" means the Environmental Protection Act, 415 ILCS 5/1.
(B) "Agency" means the Illinois Environmental Protection Agency.
(C) "Board" means the Illinois Pollution Control Board.
(D) "Maximum setback zone" means the area around a community water supply well established under Section 14.3 of the Act and this code, and described in Appendix A, on file in the village office.
(E) "Minimum setback zone" means the area around a community water supply well established under Section 14.2 of the Act and this code, and described in Appendix A, on file in the village office.
(F) Potential Primary Source.
(1) "Potential primary source" means any unit at a facility or site not currently subject to a removal or remedial action which:
(a) Is utilized for the treatment, storage or disposal of any hazardous or special waste not generated at the site; or
(b) Is utilized for the disposal of municipal waste not generated at the site, other than landscape waste and construction and demolition debris ; or
(c) Is utilized for the landfilling, land treating, surface impounding or piling of any hazardous or special waste that is generated on the site or at the other sites owned, controlled or operated by the same person; or
(d) Stores or accumulates at any time more than seventy-five thousand pounds above ground, or more than seven thousand five hundred pounds below ground, of any hazardous substances.
(2) A new potential primary source is:
(a) A potential primary source which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or
(b) A potential primary source which expands laterally beyond the currently permitted boundary, or if the primary source is not permitted, the boundary in existence as of January 1, 1988; or
(c) A potential primary source which is part of a facility that undergoes major reconstruction. Such reconstruction shall be deemed to have taken place where the fixed capital cost of the new components constructed with a two-year period exceed fifty percent of the fixed capital cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary federal, state and local approvals have been obtained, and work at the site has been initiated and proceeds in a reasonably continuous manner to completion.
(G) Potential Route.
(1) "Potential route" means abandoned and improperly plugged wells of all kinds, drainage wells, all injection wells, including closed loop heat pump wells, and any excavation for the discovery, development or production of stone, sand or gravel.
(2) A new potential route is:
(a) A potential route which is not in existence or for which construction has not commenced at its location as of January 1, 1988; or
(b) A potential route which expands laterally beyond the currently permitted boundary or, if the potential route is not permitted, the boundary in existence as of January 1, 1988.
Construction shall be deemed commenced when all necessary federal, state and local approvals have been obtained, and work at the site has been initiated and proceeds in a reasonably continuous manner to completion.
(H) Potential Secondary Source.
(1) "Potential secondary source" means any unit at a facility or site not currently subject to a removal or remedial action, other than a potential primary source, which:
(a) Is utilized for the landfilling, land treating, or surface impounding of waste that is generated on the site or at other sites owned, controlled or operated by the same person, other than livestock and landscape waste, and construction and demolition debris; or
(b) Stores or accumulates at any time more than twenty-five thousand but not more than seventy-five thousand pounds above ground, or more than two thousand five hundred but not more than seven thousand five hundred pounds below ground, of any hazardous substances; or
(c) Stores or accumulates at any time more than twenty-five thousand gallons above ground, or more than five hundred gallons below ground, of petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance; or
(d) Stores or accumulates pesticides, fertilizers, or road oils for purposes of commercial application or for distribution to retail sales outlets; or
(e) Stores or accumulates at any time more than fifty thousand pounds of any de-icing agent; or
(f) Is utilized for handling livestock waste or for treating domestic wastewaters other than private sewage disposal systems as defined in the Private Sewage Disposal Licensing Act.
(2) A new potential secondary source is:
(a) A potential secondary source which is not in existence or for which construction has not commenced at its location as of July 1, 1988; or
(b) A potential secondary source which expands laterally beyond the currently permitted boundary or, if the secondary source is not permitted, the boundary in existence as of July 1, 1988, other than an expansion for handling of livestock waste or for treating domestic wastewaters; or
(c) A potential secondary source which is part of a facility that undergoes major reconstruction. Such reconstruction shall be deemed to have taken place where the fixed capital cost of the new components constructed within a two-year period exceed fifty percent of the fixed capital cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary federal, state and local approvals have been obtained, and work at the site has been initiated and proceeds in a reasonably continuous manner to completion.
(Ord. 94-031, passed 11-7-94).
55.003 Prohibitions.
(A) Except as provided in Section 55.004 or 55.005 of this code, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone.
(B) Except as provided in Section 55.004 of this code, no person shall place a new potential primary source within the maximum setback zone.
(Ord. 94-031, passed 11-7-94).
55.004 Waivers, exceptions and certifications of minimal hazard.
(A) If, pursuant to Section 14.2(b) of the Act, the owner of a new potential primary source, new potential secondary source, or new potential route is granted a waiver by the Agency, such owner shall be deemed to have a waiver to the same extent from Section 55.003(A) of this code.
(B) If, pursuant to Section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating), new potential secondary source, or new potential route is granted as exception by the Board, such owner shall be deemed to have an exception to the same extent from Section 55.003(A) of this code.
(C) If, pursuant to Section 14.2(c) of the Act, the owner of a new potential primary source (other than landfilling or land treating) is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from Section 55.003(B) of this code.
(D) If, pursuant to Section 14.5 of the Act, the owner of a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the Agency, such owner shall not be subject to Section 55.003(A) of this code to the same extent that such owner is not subject to Section 14.2 (d) of the Act.
(Ord. 94-031, passed 11-7-94).
55.005 Exclusion.
Section 55.003(A) of this code shall not apply to new common sources of sanitary pollution as specified pursuant to Section 17 of the Act and the regulations adopted thereunder by the Agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations.
(Ord. 94-031, passed 11-7-94).
55.006 Violation– Penalty.
(A) Any person found to be in violation of any of the provisions of this chapter shall be fined, upon conviction, not less than one hundred dollars nor more than five hundred dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(B) Any person violation any of the provisions of this chapter shall become liable to the village for any expense, loss or damage, occasioned the village by reason of such violation, in addition to any fine provided for herein.
(C) With respect to any violation of this chapter, and in addition to and not in lieu of the fine or liability provisions herein set forth, the corporate authorities may apply to any court of competent jurisdiction and obtain relief, mandatory and/or restraining to enforce and effect compliance with the provisions of this chapter. In such event, such person against which injunctive relief is obtained shall be responsible for and pay for the reasonable attorney fees incurred by the village in obtaining such injunctive relief.
(Ord. 94-031, passed 11-7-94).
Chapter 56 Sections:
56.001 Requirements. 56.002 Failure to meet requirements. 56.003 Rejection of bid. 56.004 Debarment.
56.001 Requirements.
All specifications for any contract to be let for bid by the village for the construction or substantial renovation of any building, parking lot, utility infrastructure or other capital project, or for the provision of services directly to the residents of the village, shall include a requirement that any person, firm, corporation or other entity submitting a bid shall include a complete, accurate and truthful listing and description of all decisions, determinations, judgments or other findings within the past two years of any violation of state or federal laws which protect the health, safety or welfare of workers, including but not limited to, OSHA, FMLA, FLSA, ADA, ADEA, NLRA, the Federal Civil Rights Act, the Illinois Human Rights Act, the Illinois Wage and Hour Law, and the Prevailing Wage Act, against it or any entity with whom it is submitting the bid, including joint venturers and partners, and also including parent and subsidiary corporations or entities, and shall further include documentation that such bidder or its employees are participants in at least one apprenticeship and training program approved by and registered with the United States Department of Labor's Board of Apprenticeship and Training. The village may waive the apprenticeship requirement if the bidder is in an industry where no such program is available. If the bidder does not have any decisions, determinations judgments, or other findings against it as aforesaid, it shall include a statement to that effect with its bid.
(Ord. No. 2009-004, § 1, passed 2-16-09).
56.002 Failure to meet requirements.
Any bidder who willfully fails or refuses to include the information required in Section 56.001, or whose report is substantially incomplete, inaccurate, or untruthful, shall be disqualified and its bid rejected.
NATURAL GAS SYSTEM REGULATIONS
ELECTRIC ENERGY
RATE OF WAGES FOR WORKMEN
INSTALLATION OF SIDEWALKS
WELL SETBACK ZONES AND REGULATIONS
RESPONSIBLE BIDDING