ORDINANCE NO. 82-4
(AS AMENDED BY ORDINANCE NO. 14- 1 )
AN ORDINANCE ESTABLISHING THE SCHEDULE OF RATES AND CHARGES TO BE COLLECTED BY THE WESTVILLE-BELGIUM SANITARY DISTRICT, VERMILION COUNTY, ILLINOIS, FROM USERS SERVED BY THE SEWAGE WORKS OF SAID DISTRICT AND OTHER MATTERS CONNECTED THEREWITH.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE WESTVILLE-BELGIUM SANITARY DISTRICT OF VERMILION COUNTY, ILLINOIS, AS FOLLOWS:
ARTICLE 1 – Definitions
The following words, expressions and terms of this Ordinance shall be defined and construed to mean as follows:
Section 101. “B.O.D.” which denotes Biochemical Oxygen Demand shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20° C, expressed in parts per million by weight.
Section 102. “Commercial User” means any person(s) who owns or operates any retail or wholesale business; is engaged in retail or wholesale business; transacts business in the purchase or sale of goods or merchandise; or provides a service which discharges waste to the District.
Section 103. “District” shall mean the Westville-Belgium Sanitary District of Vermilion County, Illinois, or its successor, acting by its duly appointed Board of Trustees.
Section 104. “Domestic User” means any person(s) who owns any residential dwelling which discharges waste to the District.
Section 105. “Governmental User” means any person(s) who represents any function of Federal, State County, Township, Municipal, local or regional government which discharges waste to the District.
Section 106. “Industrial User” means any person(s) involved in any manufacturing process or activity.
Section 107. “Person” means any individual; partnership; firm; company; corporation; public or private; limited liability company; association; trust; estate; fiduciary; political or governmental unit; or other legal entity or their legal representative, agent, successor or assigns.
Section 108. “Premises” shall mean each building, structure, residence, improvement, apartment, trailer, manufactured home, mobile home or shelter of any nature.
Section 109. “Operation and Maintenance Cost” shall mean the cash expenditure for normal operating expenses, such as wages, supplies and materials, fuel, insurance and other services.
Section 110. “Replacement Costs” shall mean the budget allowances set aside to provide for cash expenditures for procuring and installing units of equipment or reconstructing appurtenances necessary to maintain or regain the capacity and performance for which the treatment works were designed during the useful life.
Section 111. “Residential User” means any person(s) who owns any house, residence, building, structure, improvement, mobile home, manufactured home, apartment, multi-family dwelling; apartment unit, mobile home park, mobile home pad or pod, lot, tract or parcel of real estate which receives water from a utility and/or discharge waste to the District.
Section 112. “T.S.S.” which denotes Total Suspended Solids meaning those solids that float or are suspended in liquid or wastewater effluent measured by filtration after drying 1 hour at 105 degrees F in mg/l of the sample, as described in procedure 2540 D of Standard Methods for the Examination of Water and Wastewater.
Section 113. “User” shall mean all users in the User Class, which are a Commercial User, Domestic User, Governmental User, Industrial User and Residential User.
Section 114. “User Class” shall mean the classification for billing and collection purposes of each User which shall be of five classes: Commercial User, Domestic User, Governmental User, Industrial User and Residential User.
Section 115. “Owner” shall mean the title owner and shall include both the contract buyer and contract seller in an installment contract or agreement between the parties for a warranty deed. For purposes of this Ordinance, a contract seller shall own an interest in the premises until such time as a deed conveying the premises is recorded in the office of the Vermilion County Recorder of Deeds.
Section 116. "Occupant" shall mean person(s) who possess, rents, uses or holds each lot, tract, parcel of real estate, structure, building, residence or part thereof, apartment, trailer, modular home, trailer pad or pod, who has no title or ownership interest, therein.
ARTICLE II – Establishment of Rates
Section 200. Until such time as amended by Ordinance, the User charges from the effective date of this Amendment shall be as
Section 200.1. All Users shall pay for the cost of operations, maintenance and replacement of District property as follows:
A. All Users located within the service area of the District shall pay monthly at a rate of $4.60 per 1,000 gallons of the water usage of or by each premise owned by, leased by, or located on the User’s property that discharges waste to the District with a minimum charge of 2,000 gallons per month. The quantity of monthly water usage shall be determined by the water meter records of either Westville Gas & Water or Aqua Illinois, Inc. or their successors who provide water service.
B. All Users located within the District that discharge polluted wastewater to the District which contain pollutants that do not exceed a B.O.D. concentration of 30 mg/l and T.S.S. concentration of 40 mg/l shall pay a User rate of $2.76 per 1,000 gallons of flow discharged to the District as measured by the flow meter at the point of discharge to the District. The wastewater discharged to the District at the point of the flow meter, shall be tested semi-annually at the User’s expense to determine that the concentration of B.O.D. and T.S.S. do not exceed the maximum limit described above; and the User shall provide the District written evidence that the concentration of B.O.D. and T.S.S. do not exceed the maximum limit.
C. Where water service is not provided by Westville Gas & Water, or Aqua Illinois, Inc., or their successor, the User shall pay a rate of $15.80 per month for each premise that discharges waste to the District.
D. In the event the water usage is measured by a non-standard meter, not acceptable to the District, then the amount of water usage shall be measured, determined, or estimated by the District, in order to ascertain the rate of charges, or the User, at his expense, may install and maintain standard meters, wiers or volumetric measuring devices acceptable to the District.
Section 200.2. All Users located within the District shall pay $1.00 per month to defray the cost of the District to comply with the Capacity Management, Operations Maintenance (CMOM), requirement of the National Pollution Discharge Elimination System (NPDES) Permit issues to the District.
Section 200.3. All Users within the District shall pay $5.80 per month to defray the cost of repayment of loans from the Illinois Pollution Revolving Loan Fund.
Section 200.4. The User charges described herein shall be upon each and every lot, tract, parcel of real estate, structure, building, residence or part thereof, apartment, trailer, modular home, mobile home, trailer pad or pod which is connected with the District’s sewer system or otherwise discharges sanitary sewage, industrial waste or other liquids directly or indirectly into the sewage system of the District.
Section 200.5. All Users shall pay a minimum fee of $16.00 per month, calculated as the total of the minimum charges due
under Sections 200.1, 200.2 and 200.3 on each and every lot, tract, parcel, structure, building, residence or part thereof, apartment, trailer, modular home, mobile home, trailer pad or pod, which is connected with the District’s sewer system or otherwise discharges sanitary sewage, industrial waste or other liquids directly or indirectly into the sewage system of the District. The minimum Fee per month shall also apply where each lot, tract, parcel, structure, building, residence or part thereof, apartment, trailer, modular home, mobile home, trailer pad or pod is vacant, abandoned, or unoccupied by the User or occupant at anytime during the billing period.
ARTICLE III – Establishment of Surcharges
Section 301. In order that the rates and charges may be justly and equitably adjusted to the services rendered, the District shall base it charges not only on the volume but also on the strength and character of the sewage and waste of which it is required to dispose. The District shall require all Users to measure and determine the strength and content of all sewage and waste discharge, either directly or indirectly into the District’s sewage system in such manner and by such method as may be deemed practical in light of the conditions and attending circumstances of the case in order to determine the proper rate charge. All Users shall furnish a central sampling point available to the District at all times.
Section 302. An extra charge based on the strength of the sewage and liquid wastes shall be made on the following basis:
Rate Surcharge Based Upon Suspended Solids
There shall be an additional charge of $0.39 per 1,000 gallons of flow of each 1,000 milligrams, or fraction thereof, of suspended solids in excess of 200 milligrams of per liter of fluid;
Rate Charged Based Upon B.O.D.
There shall be an additional charge of $0.39 per 1,000 gallons of flow for each 1,000 milligrams, or fraction thereof, of biochemical oxygen demand in excess of 200 milligrams
per liter of fluid.
The Board of Trustees is authorized to prohibit the dumping of waste into the District’s sewer system, which in its discretion, is deemed harmful.
ARTICLE IV – Annual Review and Accounting Procedures
Section 401. In order that the rates and charges for sewage services may remain fair and equitable and in proportion to the cost of providing services to the various Users, the District shall cause a study to be made within a reasonable period of time following the full calendar year of operation subsequent to the completion of the improvement project. Such study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents for industrial users, volume and delivery flow rate characteristics attributed to the various Users or User Classes, the financial position of the sewage works, and the adequacy of its revenue to provide reasonable funds for operation and maintenance, replacement of the District’s property, and capital improvements to the wastewater treatment system.
Thereafter, on an annual basis, within a reasonable period of time following the normal accounting period, the District shall cause a similar study to be made for the purpose of reviewing the fairness and equity of the rates and surcharges for sewage services on a continuing basis. Said study shall be conducted by the officers and/or employees of the District or by a firm of a certified public accountant and/or a firm of consulting engineers which firms shall have experience in such studies.
Section 402. Separate accounting procedures shall be established for the collection, holding and disbursement of revenues generated under this Ordinance. A reasonable percent of the revenues thus generated shall be retained in a special replacement fund for the first year, to be used as needed during the service life of the treatment works for replacement of treatment works equipment of the District and collection system repairs as needed to ensure a complete and operable treatment system, capable of meeting the standards for which it has been designed. The amount shall be revised annually to reflect appropriate revenue amounts.
Section 403. Replacement of the District’s property shall be recalculated each year by reviewing the records maintained for each piece of replaceable equipment, structures or other property. If the previous year’s replacement value is determined to be adequate based on the previous year’s operating records, it shall remain the same. If it is anticipated that the item will either cost more than anticipated to replace at the end of its service life, or if its service life shall be deemed shorter than previously estimated, the replacement value shall be increased. If it is anticipated that the item’s replacement cost will be less than anticipated or its service life is deemed longer, the replacement value shall be decreased. For the purposes defined herein, the annual replacement value of any item shall be equal to its estimated service life divided by its replacement cost, less any amounts previously accumulated.
ARTICLE V – Billing for Rates and Surcharges
Section 501. User rates and other charges and surcharges shall be computed and billed each month on each house, residence, building, structure, improvement, mobile home, manufactured home, apartment, multi-family dwelling, apartment unit, mobile home park, mobile home pad or pod, lot, tract, or parcel of real estate by first class mail on the rates, changes and surcharges set forth in this ordinance. The bill for the User rates, charges and surcharges shall be due and payable in full on the 20th day of the month of mailing, or the next business day in the event the 20th day falls on a weekend or holiday. The User rates, charges and surcharges mailed in a given month are for services rendered by the District for the previous month.
Section 502. Beginning June 1, 2014, and thereafter, the monthly bill shall be mailed to the User. The monthly bill shall not be mailed to any other person, including, but not limited to tenant, occupant, leasee, or third party. The User is exclusively liable and responsible for the payment and satisfaction of the monthly charges. The remedies for the recovery of delinquent charges described in Article V, below shall be enforced against the User.
Section 503. All bills for rates and surcharges unpaid after the 20th day shall be assessed a late charge of 10% of the unpaid amount on the bill for that month.
Section 504. Payment of delinquent rates and surcharges for sewer services to any premises may be enforced against the User by: (a) a lien against the real estate upon or for which services were provided by the District; (b) a suit at law for the unpaid rates and surcharges; (c) disconnecting sewer services; (d) discontinuing water services all is described below; or (e) by use of a bill collection service
Section 505. In the event the User shall fail to pay the bill for rates and surcharges within 30 days that the bill for rates and surcharges is due, a lien may be placed upon the real estate upon or for which services were provided by the District. Provided, however, that no lien shall attach unless the District provides a delinquency Notice to the User in a form sufficient to notify the User of the delinquency in the payment of User rates and surcharges and further that the unpaid amount shall create a lien on the real estate upon or for which the services were provided by the District. To perfect a lien, the District shall file a Notice of Lien with the Recorder of Deeds of Vermilion County, Illinois, and shall provide a copy of said Notice of Lien to the User. The District shall have the power to enforce the lien in the same manner as the foreclosure of a mortgage.
Section 506. In the event the User fails to pay the bill for rates and surcharges when said bill is due and payable, the District may file a suit or action at law against the User to recover delinquent payments, plus reasonable attorney fees in an amount to be determined by the court. The User shall be notified by regular mail not less than 7 days prior to the filing of the intention of the District to file suit to recover the delinquent rates and surcharges.
Section 507. In the event the User fails to pay the bill for rates and charges within 30 days of the date the bill for rates and surcharges is due, the District may revoke the use permit of the User to discharge into the sanitary system of the District and disconnect the premises upon or for which the services were provided by the District to the User by severing the connection of the service line to the main. Such disconnection shall be in accordance with the rules and regulations established by the District and after Notice to the User, with an opportunity of the User to be heard. The District shall contract with a privately owned public utility for the disconnection of water services to a premise and as to the terms of the disconnection of service. The District shall not resume the water service to the User until the User has paid the delinquent charges, cost of disconnection and reconnection, any penalties and attorney fees as provided by ordinance or state law.
Section 508. In the event the User fails to pay the bill for rates and surcharges within 30 days of the date the bill is due, the District shall discontinue water services upon the premises for which services were provided. The District shall not request discontinuation of water services from any public or municipal corporation or privately owned public utility before sending a notice of delinquency on the User and afford the User an opportunity to be heard. The District shall request the public or municipal corporation or privately owned public utility to discontinue water services by providing a written notice of the District to the public or municipal corporation or private utility that payment of the rates and surcharges have become delinquent and not to resume the water services until a similar notice of the District to the public or municipal corporation or public utility that the delinquency has been satisfied and removed. The District shall pay the public or municipal corporation or private utility for the cost of any disconnection or reconnection of water services.
The District shall resume water services upon payment of the unpaid User charges, interest, attorney fees, and the cost of discontinuance and to reconnect the water service by the public or municipal corporation or a privately owned public utility. The obligation of the User to pay these charges and costs arise at the time the District provided the written notice to the public or municipal corporation or a privately owned public utility.
During the period the water services are cutoff, the User shall be liable to pay to the District the charges described in Sections 200.1, 200.2, 200.3 and 200.5.
Section 509. In the event the District discontinues water services as described in 508 on two occasions or more within a 12 month period, the User shall be obligated to pay a deposit to the District in the amount of $85.00. The District shall notify the User to pay the security deposit by first class mail addressed to the User. The User shall tender the security deposit to the District within 7 days of the mailing. In the event of failure to tender the deposit, the water services shall remain discontinued.
Section 510. There shall be no refund of charges under this Ordinance by the District to the User, except where there is an accounting or mathematical error in the bills.
ARTICLE VI – Harmful Wastes Prohibited
Section 601. The District is hereby authorized to prohibit dumping of wastes into the District’s sewer system which in its discretion, are harmful to the operation of the sewage works, and to require methods affecting pretreatment of said wastes to reduce the characteristics of the waste satisfactory to the District.
Section 602. The District reserves the right to limit connections to the District sewage system should insufficient capacity exists within the sewage system or the waste treatment plant.
ARTICLE VII – Validity
Section 701. In the event one or more of the provisions of this Ordinance shall be held illegal or invalid, such illegality or invalidity shall not affect the other provisions of this Ordinance and this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.
ARTICLE VIII – Ordinance in Force
Section 801. This Ordinance, as amended shall be published in the Independent-News, a newspaper of general circulation after passage by the Board and shall take effect within 10 days after publication as prescribed by law.