ORDINANCE NO. 2010 - 12
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE CITY OF KANKAKEE, ILLINOIS
Published by the Authority of the Mayor and City Council
of the City of Kankakee, Illinois
GENERAL PROVISIONS, REGULATIONS AND SYSTEM OF CHARGES
ENVIRONMENTAL SERVICES UTILITY
CITY OF KANKAKEE, ILLINOIS
Published by Authority of the Mayor and City Council
Of the City of Kankakee, Illinois
GENERAL PROVISIONS, REGULATIONS, AND SYSTEM OF CHARGES
Division 101 ‑ General Provisions and Administration
2. Utility Board
3. Environmental Services Utility
4. Superintendent of the Environmental Services Utility ‑ Generally
15. Powers and Authority of Inspectors
16. Protection from Damage
17. Non-Discrimination Statement
Division 102 ‑ Sewers, Connections and Permits
1. Use of Public Sewers Required
2. Private Sewage Disposal
3. Sewer Connections ‑ Generally
4. Building Sewers, Connections and Permits
Division 103 ‑ Regulations for Discharge
1. Use of Public Sewers
2. Control Manhole, Pretreatment, and Analytical
Division 104 - User Charge System and Additional Charges
1. User Charge System
4. Sampling and Monitoring Charges
5. Billing Procedures and Penalties
6. Liens & Delinquent Payments
Division 105 ‑ Enforcement
1. Slug or Accidental Discharges
2. Administrative Procedures
3. Harmful Contributions
4. Legal Action
5. Appeal Procedures
Division 106 ‑ Penalties and Costs
1. Civil Penalties
2. Injunctive Relief
3. Costs of Damage
4. Falsifying Information
5. Revocation of Sewer Service
6. Other Remedies
Division 107 - Solid Waste, Garbage and Rubbish
Division 108 - Misc.
GENERAL PROVISIONS, REGULATIONS, AND SYSTEM OF CHARGES
DIVISION 101 - GENERAL PROVISIONS AND ADMINISTRATION
Sec. 34‑101.1 Definitions
101.1.1 Unless the text specifically indicates otherwise, the following terms and phrases, as used in this Article shall have the meanings hereinafter designated:
1. Act or "the Act". The Federal Water Pollution Control Act also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
2. Administrator or Regional Administrator. The Regional Administrator of U.S. Environmental Protection Agency, Region V.
3. BOD5 (Five-day Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20oC expressed in terms of weight and concentration (milligrams per liter (mg/l)) as prescribed in Part 507 of Standard Methods.
4. Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes within the walls of the building and conveys it to the building sewer that begins five (5) feet outside the inner face of the building wall.
5. Building Sewer. A sewer which is an extension of the building drain and which conveys wastewater from the premise of a user to the City's Sewer System is considered a building sewer.
6. City. The City of Kankakee, Illinois
7. City Utility Systems. The Kankakee Environmental Services Utility (KESU) includes all city utility systems.
8. COD (Chemical Oxygen Demand). The quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures expressed in terms of weight and concentration [milligrams per liter (mg/l)] as prescribed in Part 508 of Standard Methods.
9. Combined Sewer. Defined as a sewer that is designed as a sanitary sewer and a storm sewer.
10. Composite Sample. A composite sample shall consist of the combination of three (3) or more grab samples collected within a 24 hour period, with each grab sample being taken at not less than 1 hour intervals.
11. Control Manhole. A structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "control manhole" is to provide access for the ESU representative to sample and/or measure discharges.
12. Debt Service (DS). The annual principal and interest requirements and other bond related costs for all outstanding Revenue and General Obligation Sewer Bonds.
13. Director. The Director of the Illinois Environmental Protection Agency or Administrator of U.S. EPA is included in this definition.
14. Domestic Wastewater. Wastewater having a normal strength of 200 mg/l of BOD5 and 250 g/l of Suspended Solids or less is considered domestic wastewater. Domestic wastewater shall be interchangeable with Sewage.
15. Fats, Oils, or Greases (FOG). The quantity of Freon extractable matter expressed in terms of weight and concentration [milligrams per liter (mg/l)] as prescribed in Part 503 of Standard Methods.
16. Flow. A moving volume of wastewater.
17. Flow Rate. A moving volume of wastewater per a unit of time.
18. Garbage. Any solid waste as defined by any applicable United States statue or regulation or State of Illinois statute or regulation having jurisdiction over said issue.
19. Grab Sample. One sample which is taken from a waste stream on a one-time basis with no regard to flow in the waste stream and without consideration of time.
20. Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, septic tanks, and vacuum‑pump tank trucks.
21. Illinois Environmental Protection Agency or IEPA. The Illinois Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Director or other duly authorized official of said Agency. Further defined as that agency or agencies of the State, any divisions thereof or successors thereto, authorized by present and subsequent acts of the Legislature thereof, to regulate and control matters in respect to the environment, and particularly in respect to wastewater discharge, management, maintenance and operations of the City's Sewer System.
22. Industrial User. Any non‑residential user of a publicly owned treatment works which is identified in the Standard Industrial Classification Manual, Office of Management and Budget, as amended and supplemented, under one of the following divisions:
Division A. Agriculture, Forestry and Fishing
Division B. Mining
Division D. Manufacturing
Division E. Transportation, Communications, Electric, Gas, and Sanitary Services
Division I. Services
23. Industrial Wastewater or Industrial Waste. 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 of processing of any natural resource as distinct from sanitary sewage.
24. Milligrams Per Liter (mg/l). 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 (ppm), to which it is approximately equivalent, in reporting the results of water and wastewater analysis.
25. Municipal Sewer. All sewers owned or under the jurisdiction of the City of Kankakee.
26. Nation Pollution Discharge Elimination System (NPDES Permit
Any permit or requirement issued by the Illinois Environmental Protection Agency (IEPA), or U.S. Environmental Protection Agency (USEPA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), for the purpose of controlling sewage, industrial wastes, or other wastes under the authority of Section 402 of the Act.
27. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
28. Operation and Maintenance. Activities required to assure the dependable and economical function of the Environmental Services Utility (ESU).
(1) Maintenance: Preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement as needed.
(2) Operation: Control of the Infrastructure and equipment which make up the ESU.
29. Person. The state or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.
30. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard units.
31. Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a sanitary sewer. The reduction or alteration may be obtained by physical, chemical or biological processes, or process changes, or by other means, except as prohibited by 40 CFR, Part 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with a sanitary sewer or the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR, Part 403.6(e).
32. Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in sanitary sewers, with no particle greater than ½ inch in any dimension.
33. POTW. Any arrangement of devices and structures used for treating wastewater, as defined by federal law and regulations. The POTW serving the City of Kankakee is owned by the Kankakee River Metropolitan Agency.
34. Public Sewer. A sanitary or storm sewer in which all owners of abutting properties have equal rights, and is controlled by ESU.
35. Replacement. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the public sewer system to maintain the capacity and performance for which such public sewer system was designed and constructed. The term "operation and maintenance" includes replacement.
36. Residential User. A user who resides in any dwelling units located in the City of Kankakee.
37. Sanitary Sewer. A public sewer which carries domestic and industrial (non‑domestic) wastewater; and to which storm, surface and groundwater are not intentionally admitted.
38. Sewage. A combination of the water‑carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present but not authorized.
39. Sewer. A pipe or for carrying sewage.
40. Shall is mandatory; "May" is permissive.
41. Slug or Slug Load. Any discharge of water or wastewater which meets any of the following conditions:
a. A flow rate in excess of five times the daily average.
b. A pollutant concentration in excess of five times the daily average permitted value.
c. A combination of flow and pollutant concentration which yields a mass pollutant quantity in excess of five times the daily average permitted value.
d. Any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the City's sewer system or POTW.
42. Standard Methods. The analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation; and in accordance with procedures established by the Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136 and amendments thereto.
43. Storm Sewer. A sewer designed to carry only storm waters, surface runoff, street wash waters and drainage.
44. Superintendent. The Superintendent of the ESU is designated by the City to supervise the operation of the ESU and is charged with certain duties and responsibilities by this Chapter. The term may also be used for his duly authorized representative.
45. Surcharge. A charge for the handling of BOD5 and Suspended Solids discharged to the sanitary sewers that are in excess of 200 mg/l of BOD5 and 250 mg/l of Suspended Solids.
46. Suspended Solids (SS). The total suspended matter, expressed in milligrams per liter, that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which are retained on a Reeve Angel Type 934A or 984H glass filter disc and dried to constant weight at 103o‑105oC as prescribed in Part 209 of Standard Methods.
47. Sewer System. Any devices and systems for the transport of municipal sewage or storm water, or liquid industrial wastes. These include intercepting sewers, sanitary sewers, storm sewers, outfall sewers, sewage collection systems, individual systems, pumping stations, power supply systems used for preventing, abating, reducing, storing, separating or disposing of municipal waste, storm water or industrial waste.
48. U.S. Environmental Protection Agency, or USEPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
49. User. Any person who contributes, causes, or permits the contribution of wastewater or storm water into the City's Sewer System.
50. User Charge System. The system of charges levied on users to recover the user's proportionate share of the costs of operation, maintenance and replacement on the City’s sewer system and proportionate share of POTW costs, solid waste collection and disposal and other environmental protection services.
51. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
52. Wastewater. The combination of liquid and water wastes from residences, commercial buildings, industrial plants, and institutions including contaminated cooling water.
53. Environmental Services Utility (ESU). A non-regulated public service utility of the City of Kankakee.
101.1.2 Where reference is made herein to any Federal or State statute, rules or regulations, either specifically or generally, the reference shall be to that statute, rule or regulation and to all amendments thereto now in force or which may be hereafter enacted.
101.1.3 No portion or provision hereof shall be taken to establish lesser or different requirements than those imposed upon persons by the State and Federal governments for purposes of protecting and improving the environment, and to the extent such statutes and regulations are different from or in conflict with the provisions of this Article, said State and Federal statutes, rules and regulations shall govern.
Sec. 34‑101.2 Environmental Services Utility Board (ESUB)
101.2.1 The ESUB shall consist of the following: The Mayor of the City of Kankakee, Illinois, the Clerk of the City of Kankakee, Illinois, and seven alderman of the City of Kankakee, Illinois as appointed by the Mayor of the City of Kankakee with the advice and consent of the City Council of the City of Kankakee, Illinois. The Mayor of the City of Kankakee shall act as the Chairman of the Board and an alderman designated by the Mayor of the City of Kankakee shall serve as Vice-Chairman.
101.2.2 The ESUB shall have charge of the operation, maintenance, replacement, extension and improvements to the ESU; the enforcement of regulations and provisions contained in this Chapter, the utility user charge system, the utility industrial pretreatment system; and any additional duties delegated to it by the City Council.
101.2.3 The members of the ESUB shall receive a per diem of fifty dollars ($50.00) for each meeting attended by the members, provided that if more than one meeting is held in one day, such members shall not be paid for more than one of such meetings. Per Diem shall be in lieu of all expenses of such member for attending such meeting.
Sec. 34‑101.3 Environmental Services Utility
There is hereby created a non‑regulated public utility of the City which shall be known as the Environmental Services Utility. This utility shall be under the management and control of the Superintendent of the Environmental Services Utility.
Sec. 34‑101.4 Superintendent of the Environmental Services Utility - Generally
101.4.1 There is hereby created the position of Superintendent of the Environmental Services Utility. The Superintendent shall be a graduate of an accredited college of engineering, shall be a Registered Professional Engineer in the State of Illinois, and shall have at least eight (8) years of practical experience in sanitary engineering and municipal management. The Superintendent shall be appointed by the Mayor and with the advice and consent of the City Council.
101.4.2 The Superintendent of the Environmental Services Utility shall render all bills for user charges, permit and inspection fees, and other charges and fees as provided by this Chapter, and shall collect all monies due from such charges and fees.
101.4.3 All revenue and monies derived from the operation of the City's Environmental Services Utility shall be held by the Superintendent separate and apart from his private funds, and separate and apart from all other funds of the City; and shall be paid out by the Superintendent in the same manner as other City finances are paid out. He shall make a monthly report to the Utility Board of the receipts and expenses of the Environmental Services Utility, the user charges collected, and other items required by the City Council.
101.4.4 The Superintendent shall establish a proper system of accounts and shall keep proper books, records and accounts, separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the Environmental Services Utility as provided by this Chapter.
101.4.5 The Superintendent of the Environmental Services Utility shall have authority to employ necessary clerical help to assist in keeping the records of the Environmental Services Utility and in making collection of the user charges. The Superintendent shall also have the authority to employ the necessary laborers, mechanics, technicians, operators and other supervisory and administrative personnel for the operation and maintenance of the Environmental Services Utility. The number of such employees shall be determined by the Superintendent and Utility Board. The wages and salaries of all such personnel shall be paid out of the receipts from the utility revenues.
101.4.6 The Superintendent of the Environmental Services Utility shall maintain an up‑to‑date system of accounts and records of the users charged showing in detail the names and addresses of the persons against whom charges for services are made, the location and description of the property for which charges are made, the owner thereof, and the basis upon which such charges are made, together with detailed records of collections, delinquencies and all transactions relating to the collection of user charges, and the disposition of same, and detailed records of the expenses of whatever nature made on behalf of the City's Environmental Services Utility. He shall also maintain a system of adequate records of system operation, construction and maintenance, analytical data, maps of the streets and sewers, and shall make the necessary reports required by law and by state and federal agencies. He shall submit a monthly report to the Utility Board covering the work of the Environmental Services Utility with recommendations for changes and improvements.
101.4.7 At regular annual intervals the Superintendent shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the City’s Environmental Services Utility. In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the Environmental Services Utility, including replacement cost, to indicate that user charges and capital amounts recovered meet all applicable regulations. In this regard, the financial information to be shown in the audit report shall, as a minimum, include the following:
1. Flow data showing total gallons sent to the POTW for the current fiscal year.
2. Billing data to show total number of gallons billed per fiscal year.
3. Debt service for the next succeeding fiscal year.
4. Number of users receiving services.
5. A list of users discharging non‑domestic and industrial wastes and volume of waste discharged.
Sec. 34-101.5 Assistant Superintendent(s)
The Superintendent shall appoint one or more Assistant Superintendents of the Environmental Services Utility. Said Assistants shall not be required to have the same qualifications or experience as the Director, but shall perform the duties directed and prescribed by the Superintendent of Environmental Services.
Sec. 34‑101.6. ‑ Sec. 34‑101.12. Reserved
Sec. 34‑101.13 Bonds
Before entering into the duties of this office, the Superintendent, and other employees of the Environmental Services Utility designated by the Utility Board shall execute bonds to the City, with sureties to be approved by the Utility Board and as established by this Code. The bonds shall be conditioned upon faithful performance of the duties of the office and the payment of all monies received by such officers, according to law and the ordinances of the City and shall be payable to the City in the sums established by the Utility Board.
Sec. 34‑101.14 Powers and Authority of Inspectors
101.14.1 The Superintendent and other duly authorized representatives of the Environmental Services Utility, the Illinois Environmental Protection Agency and the U. S. Environmental Protection Agency may inspect the facilities of any sewer system user to ascertain compliance with this Article. Persons or occupants of premises where a discharge source or treatment system is located or in which records are kept shall allow the Superintendent or any of the above representatives ready access upon presentation of credentials at all reasonable times to all parts of the premises for the purposes of inspection, sampling, examination and photocopying of records required to be kept by this Article or in the performance of any of their duties. The City, IEPA, and USEPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force, which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with his security guards so that upon presentation of suitable identification, personnel from the City, EPA, and USEPA, will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Such arrangements shall be made by Users with their security guards within 30 days of the passage of this Article. The superintendent, or any of the above representatives, 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 waterways or facilities for waste treatment.
101.14.2 While performing the necessary work on private properties referred to in this Article, the Superintendent or duly authorized representatives of the Environmental Services Utility, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency, shall observe all safety rules applicable to the premises established by the User and the User shall be held harmless for injury or death to the representatives and the Environmental Services Utility, IEPA and USEPA shall indemnify the User against loss or damage to its property by their representatives and against liability claims and demands for personal injury or property damage asserted against the User and growing out of such sampling, inspection, monitoring, and/or metering operations, except as such as may be caused by negligence or failure of the User to maintain safe conditions as required in Section 34‑103.2.
101.14.3 The Superintendent and other duly authorized employees of the Environmental Services Utility bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, repair and maintenance of any portion of the City's sewer systems 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.
Sec. 34‑101.15 Protection From Damage
101.15.1 No unauthorized person shall maliciously, willfully or negligently break damage, destroy, cover, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the City's sewer systems.
101.15.2 No person, except in the course of his duties as a City employee, shall remove, either totally or partially, any sanitary sewer cover, storm sewer cover, intake or grating cover, inlets to storm sewers or sanitary sewers, except as may be required for the purpose of entering the sewers for the purpose of cleaning, repairing or improving the same.
101.15.3 No unauthorized person shall turn on or tamper with any public water supply hydrant.
101.15.4 Any person violating this Section 34‑101.15 shall be subject to immediate arrest under charge of disorderly conduct.
Sec. 34‑101.16 Non-Discrimination Statement
Implementation of any and all of the provisions of the ordinance will be subject to and consonant with all federal and/or state law or agency requirements with respect to equal opportunity, discrimination, affirmative action and related matters.
DIVISION 102 - SEWERS, CONNECTIONS AND PERMITS
Sec. 34‑102.1 Use of Public Sewer Required
102.1.1 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 City or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
102.1.2 It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.
102.1.3 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 within the Kankakee Environmental Services Utility area of service.
102.1.4 The owner of all houses, buildings or properties which include any dwelling unit and is used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley, or right‑of‑way in which there is now located or may in the future be located a public sanitary sewer of the City, 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 Article within ninety (90) days after date of official notice to do so, provided that said public sewer is within four hundred (400) feet of the property line.
Sec. 34‑102.2 Private Sewage Disposal
102.2.1 Where a public sanitary sewer is not available under the provisions of Section 34‑102.1.4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section 34‑102.2.
102.2.2 Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the Environmental Services Utility, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee shall be paid to the City at the time the application is filed. An IEPA permit shall also be applied for when required by state law.
102.2.3 A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within sixty (60) hours of the receipt of notice by the Superintendent or within a reasonable time thereafter if delay in making the inspection exists after exercise of due diligence.
102.2.4 The type, capacities, location and layout of a private sewage disposal system shall comply with all regulations of the Illinois Private Sewage Disposal Licensing Act and Code and of the Illinois 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 a size suitable for installation of an effective system. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
102.2.5 At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 34‑102.1.4, a direct connection shall be made to the public sewer in compliance with this Article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and cleaned of sludge and filled with clean bank‑run gravel or sand.
102.2.6 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
102.2.7 No statement contained in this Section 34‑102.2 shall be construed to limit any additional requirements that may be imposed by the Health Office of the County; or the Environmental Services Utility; or the State of Illinois.
Sec. 34‑102.3 Sewer Connections - Generally
102.3.1 The Superintendent shall have charge of all connections to the public sewers of the City, and shall approve such connections before the same shall be made. The plans and specifications for all storm and sanitary sewers constructed within or tributary to the City must be approved by the Superintendent of the Environmental Services Utility before the construction of such sewers shall begin.
102.3.2 The Superintendent shall supervise the repairing and tapping of all sanitary sewers and storm sewers in the City, and shall keep a record of all connections made to such sewers.
102.3.3 All connections to a public sewer in the City shall be made by or under the direct supervision of a qualified contractor or licensed plumber. No sewer contractor or licensed plumber shall make or cause any such public sewer connection to be made unless he shall have first met all requirements for the lawful conduct of such trade in the City. Each such sewer contractor or licensed plumber shall be liable for all damages to the public sewer and street and alley right-of-ways caused by the neglect, carelessness or want of skill of his or their employees or subcontractors.
102.3.4 No person shall connect any sewer or drain to the public sewer of the City, except upon written application and consent thereto by the Superintendent.
102.3.5 Any building found to be connected to the public sewers without a permit is in violation of this ordinance.
102.3.6 The City of Kankakee may establish tap on fees which shall be paid prior to obtaining access to any public sewers of the City of Kankakee
Sec. 34‑102.4 Building Sewers, Connections and Permits
102.4.1 No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
102.4.2 All disposals by any person into the public sewer is unlawful except those discharges in compliance with federal standards promulgated pursuant to the Act and more stringent state and local standards.
102.4.3 There shall be three (3) classes of building sewer permits;
1. Single family residential,
2. Multiple family residential, commercial, institutional and governmental and
3. Service to establishments producing industrial wastes.
In any case, the owner or his agent shall make application on a form furnished by the Environmental Services Utility. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee for a single family residential building sewer permit, a multiple family residential, commercial, institutional and governmental building sewer permit, shall be paid to the City at the time the application is filed.
102.4.4 A building sewer permit shall only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewer system, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.
102.4.5 All costs and expense incident to the installation and connection of a building sewer shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and the maintenance of such sewer.
102.4.6 A separate and independent building sewer shall be provided for every building; except, 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 through an adjoining alley, court, yard or driveway, then the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. The City shall not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
102.4.7 Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Article, and a permit and inspection fee as defined in Section 34‑102.4.3 has been paid.
If, in the sole opinion of the Superintendent, said old building sewer fails to meet all requirements of this Article, the old building sewer shall be plugged in accordance with Section 34‑102.4.17 and a new building sewer shall be provided.
102.4.8 Pipe placement, bedding and backfill shall be performed in accordance with the appropriate specifications of the American Society for Testing and Materials (ASTM) or the Standard Specifications for Water and Sewer Main Construction in Illinois, except that no backfill can be placed until the work has been inspected.
102.4.9 The building sewer shall be of the following materials; conforming to the specifications indicated or the latest designation thereof;
1. Extra Strength Vitrified Clay Sewer Pipe shall conform to ASTM C‑700 or equal, and shall be provided with a PVC Bell, and shall have a flexible gasket.
2. Polyvinyl Chloride Pipe shall conform to ASTM D‑2729, D‑3033, D‑3034, or equal, and shall have a minimum acceptable SDR of 35 and joints shall be solvent welded or have flexible elastomeric seals.
3. Extra heavy cast iron soil pipe shall conform to ASTM A‑74 or equal, and joints shall be mechanical, rubber ring or push‑on‑ joints.
4. Other pipe, joints and fittings not specified above may be used only when specifically authorized by the Superintendent.
5. 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 (ASTM) and Water Environment Federation (WEF) Manual of Practice No. 9 shall apply.
102.4.10 The size and slope of the building sewer shall be subject to the approval of the Superintendent, but in no event shall the diameter be less than four (4) inches. The slope of such four (4) inch pipe shall be not less than one‑eighth (1/8) inch per foot. For larger sizes of pipe, the minimum slopes shall be according to all state and local regulations.
102.4.11 The connection of a building sewer into the public sewer shall be made at a "Y" or "T" branch, if such a branch is available at suitable location. In the absence of such a branch, a suitable saddle connection or machine tapping shall be made as recommended by the manufacturer or the Environmental Services Utility standards in force at the time of installation.
The centerline of the building sewer at the point of connection shall be at the same or higher elevation than the centerline of the public sewer. The connection shall be made secure and watertight, by encasement in concrete if necessary.
The connection of a four (4) inch or six (6) inch diameter building sewer shall not be made into a manhole. All connections of eight (8) inch diameter or larger shall be made into a manhole.
102.4.12 All jointing methods and sewer connections shall be as recommended by the manufacturer of the pipe to be installed, or the Environmental Services Utility Standards in force at the time of installation. All such joints and connections shall be made gastight and watertight and if required, verified by proper testing. Connection between piping of different material shall be made with a suitable adapter or fitting specifically manufactured for this purpose and approved by the Superintendent
102.4.13 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 approved artificial means and discharged the building sewer.
No building sewer shall be laid parallel to any bearing wall if said building sewer is within three (3) feet of any such wall, which might thereby be weakened. The depth of the building sewer shall be sufficient to afford protection from frost.
The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction or grade shall be allowed only when a proper manhole or a clean‑out is constructed at the location of the change.
Any part of the building sewer that is located within ten (10) feet of a water service pipe shall be laid in a separate trench and at such an elevation that the top of the sewer is at least eighteen (18) inches below the bottom of the water service pipe. If it is impossible to obtain a horizontal separation of at least ten (10) feet, or a vertical separation of at least eighteen (18) inches, as stipulated above, the sewer shall be constructed of mechanical or slip‑on rubber gasket joint water main quality pipe and shall be pressure tested to assure water tightness.
102.4.14 Installation of the connection must be completed by the qualified sewer contractor or licensed plumber within five (5) days after the commencement of the sewer connection. In the event that any street or alley excavation is not closed within this time period, the Environmental Services Utility may close the street or alley excavation and the person opening the street or alley shall be liable for this expense.
102.4.15 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 Environmental Services Utility, and any other governmental agency affected.
102.4.16 The applicant for a building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer, and before any underground portions are covered. The connection shall be made under the supervision of the Superintendent or his duly authorized representative.
102.4.17 Whenever a structure is demolished, which structure has been served by storm sewer connections or sanitary sewer connections, the connections shall be plugged at the edge of the property. Unless a permit has been issued for the immediate reconstruction of structures which will utilize the sewer connection, those connections shall be permanently plugged to the satisfaction of the Superintendent to prevent infiltration of ground waters to the sanitary sewers.
102.4.18 No person 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.
102.4.19 Building sewers shall be tested for leakage prior to acceptance by the Environmental Services Utility by smoke testing, exfiltration testing, low pressure air testing, or other suitable method of testing approved by the Superintendent.
102.4.20 Users of the sanitary sewers shall have a leaktight building sewer. The Superintendent may perform smoke testing, exfiltration testing, low pressure air testing, or other suitable methods of leakage testing or existing building sewers. If a building sewer fails the leakage test, the Superintendent shall notify the property owner. Within 60 days after being notified, the property owner shall repair the building sewer at no expense to the City.
102.4.21 Sanitary sewers serving building which have been ordered to be demolished by court action will be terminated at the property line by the Environmental Services Utility. The cost for this service shall be $500.00 and this cost shall be recovered by the Environmental Services Utility by placing a lien on the property. The Environmental Services Utility will require a five day notice of court ordered demolition for the purpose of scheduling the termination of a sewer lateral.
102.4.22 Sewer laterals, which serve private property on which structures are to be demolished, must be terminated by a licensed plumber or sewer contractor. This work must be inspected by the Environmental S