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LEGAL NOTICE M -39A OH DIN WI T HE IT ORIAINED that the Municipal ( ( ode of Hie C ity of McHenry, Illinois, be and here­ by is amended as follows: .CHAP IKK 16 ARTICLE III PENALTIES. \ny person, firm or corporation violat- * ing any of the regulatory provisions contained in this Chapter 16 shall be deemed guilty of a misdemeanor and upon conviction thereof shall Ije fined in an amount * not exceeding $200.00, or * be imprisoned in the county jail for a period not exceed- * ing 5 days, or be both so - fined and imprisoned. Each , . - day such violation is com- * mitted or permitted to con- - ' tinue after proper notice C shall constitute a separate ~ offense and shall be punish- -° able as such Hereunder. * THIS ORDINANCE' shall be in Cull force and effect from and dfter its passage, approval and publication, as by statute re­ quired. ; Passed this 16th day of June, 1969. Donald P. Dohertv Mayor fearl R. Walsh I City C lerk • yOTING AYE: Bolger, Hromec, Iluck, Jackson, Pitzen, Rogers, Smith, Stanek VOTING NAY: None ABSENT: None MC-39 ORDINANCE : HE IT--QwDAlP\ED by the City Council of the City of McHenry, that the Municipal Code of the City of McHen­ ry, be and hereby is amended as follows: CHAPTER 16 ARTICLE 1 DEFINITIONS ; Cnless the context specifi­ cally indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Sec. 1. "ROD" (denoting Bio- chem,.al Oxygen De­ mand) shall mean the quantity of oxygen util­ ized in the biochemical oxidation . of \ organic matter under standard laboratory procedure in five (5) days at 20 de­ grees centigrade, ex­ pressed in milligrams i per liter. Sec. 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage systeni which receives the dis­ charge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sew­ er, beginning five (5) feet (1.5 meters) out­ side the inner face of the building wall. Sec. 3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. Sec. 4. "CombinedSewer" shall mean a sewer receiving both surface sunoff and sewage. Sec. 5. "Garbage" shall mean solid wastes from the domestic and commer­ cial preparation, cook­ ing, and dispensing of food, and from the hand­ ling, storage, and sale of produce. Sec. 6. "Industrial Wastes" shall moan the liquid wastes from industrial manufacturing proces­ ses, trade, or business as distinct from sani­ tary sewage. Sec. 7. -Natural Outlet" shall mean any outlet into a watercourse, pond, diU'h, lake or other body of surface or ground­ water. Sec. H. ••Person" shall mean any indi\idual, firm, company, association, society, corporation, or group. Sec. 9. pll" shall mean the lo- S-Ai ithm of the recipro­ cal of the weight of hy­ drogen ions in grams pei liter of solution. •Sec. 10. -Properly 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 parti­ cle greater than one- half ('j) inch (1.27 cen­ timeters) in any dim­ ension. Sec. 11. '-Public Sewer "shall mean a sewer in which all owners of abutting properties have equal rights, and is controll­ ed by public authority. Sec. 12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admit­ ted. Sec. 13. "Sewage" shall mean a c o m b i n a t i o n o f t h e w a ­ t e r - c a r r i e d w a s t e s from residences, busin­ ess buildings, institu­ tions, and industrial e.s- , tablishments, together with such ground, sur­ face, and stormwa- ters as may be present. Sec. 14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. Sec. 15. "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage. Sec. 16. "Sewer" shall mean a pipe or conduit for carrying sewage. Sec. 17. "Shall" is mandatory; "May" is permissive. Sec. 18. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concen­ tration of any given con­ stituent or in quantity of flow exceeds for any period of duration lon­ ger than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal opera­ tions. Sec. 19. "Storm Drain" (some­ times termed "storm sewer") shall mean a sewer which carries storm and surface wa­ ters and drainage, but excludes sewage and in­ dustrial wastes, other than unpolluted cooling water. Sec. 20. "Superintendent" shall mean the Superintendent of Public Works of the City of McHenry or his authorized deputy, a- gent, or representative. Sec. 21, "Suspended Solids" shall moan solids that either float on the sur­ face of, or are in sus­ pension in water, sew­ age, or other liquids, and which are remov­ a b l e b y l a b o r a t o r y f i l ­ tering. Sec. 22. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. ARTICLE 11 USE OE PUBLIC SEWERS REQUIRED Sec. 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsan­ itary manner on pub­ lic or private proper­ ty within the City of Mc­ Henry, or in anjf'area under the jurisdiction of said city, any human or animal excrement, garbage, or other ob­ jectionable waste. Sec. 2. It shall be unlawful to discharge to any nat­ ural outlet within the City of McHenry, or in any area under the jur­ isdiction of said city, any sewage or other pol­ luted waters, except where suitable treat­ ment has been provided in accordance with sub­ sequent provisions of this ordinance. Sec. 3. Except as hereinafter provided, it shall be un­ lawful to construct or maintain any privy, privy vault, septic tank cesspool, or other fa­ cility intended or used for the disposal of sew­ age. Sec. 4. The owner of all houses, buildings, or properties used for human oc­ cupancy, employment, recreation, or other purposes, situated with­ in the City of McHen­ ry and abutting on any street, alley, or right- of-way in which there is now located or may in the luture be located a public sanitary or com­ bined sewer of the City of McHenry, is hereby required at his expense to install suitable toil- el tacilities therein, and to connect such facili­ ties directly with the proper public sewer in accordance with the provisions of this or­ dinance, with one (1) year after date of of- * ficial notice to do so, provided that said pub­ lic sewer in within one hundred (100) feet of the property line. A R T I C L E I I I PRIVATE SEWAGE DISPOSAL Sec. 1. Where a public san­ itary or combined sewer is not available under the provisions of Arti­ cle II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with the pro­ visions of this article. Sec. 2. Before commencement of construction of a pri­ vate sewage disposal system the owner shall first obtain a written permit signed by the Su­ perintendent of Public- Works for the City of McHenry. The applica­ tion for such permit shall be made on a form furnished by the City of McHenry, which the ap­ plicant shall supplement by any,plans, specifi­ cations, and other in­ formation as are deem­ ed necessary by the Su - perintendent of Public Works. A permit and in­ spection fee of twenty- five ($25.00) dollars shall be paid to the City of McHenry at the time the application is filed. Sec. 3. A permit for a private sewage disposal system shall not become effec­ tive until the installation is completed to the sat­ isfaction of the Super­ intendent of Public Works or Deputy. He shall be allowed to in­ spect the work at any stage of construction and, in any event, the ap­ plicant for the permit shall notify the Super­ intendent of Public Works or authorized deputy when the work is ready for final inspec­ tion, and before any un­ derground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Superintendent of Public Works. Sec. 4. The type, capacities, locations, and layout of a private sewage dis­ posal system shall com­ ply with the rules, reg­ ulations and standards as established in the Building Ordinance of McHenry County, Illin­ ois. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facil- itites where the area of the lot is less than twenty thousand (20,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. Sec. 5. At such time as a pub­ lic sewer becomes a- vailable to a property served by a private sew­ age disposal system, as provided in Article III, Section 4, a direct con­ nection shall be made to the public sewer in com­ pliance with this ordin­ ance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. Sec. 6. The owner shall oper­ ate and maintain the pri­ vate sewage disposal facilities in a sanitary manner at all times, at no expense to the City of McHenry. Sec. 7. No statement contain­ ed in this article shall be construed to inter­ fere with any addition­ al requirements that may be imposed by the Health Officer. Sec. 8. When a public sew­ er becomes available, < the building sewer shall be connected to said sewer within one (1) year and the private sewage disposal system shall be cleaned of slud­ ge and filled with clean bank-run gravel or dirt. ARTICLE IV BUILDING SEWERS AND CONNECTIONS Sec. 1. No unauthorized per­ son shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first ob­ taining a written permit from the Superintendent of Public Works. Sec. 2. There shall be four (4) classes of building sewer permits: (a) for single-family residen­ tial, (b) for multiple- residential structures, (c) for commericial structures, and (d) for industrial structures. In any case, the owner or his agent shall make ap­ plication on a special form furnished by the City of McHenry. The permit application shall be supplemented by any plans, specifications, or Sec. other information con­ sidered pertinent in the judgment of the Super­ intendent Of Public Works. A permit and in­ spection fee oftwo-hun- dred and fifty ($250.00) dollars for a single- f a m i l y r e s i d e n t i a l structure; two-hundred and fifty ($250.00) dol­ lars for the first unit of a multiple- resi­ dential structure and fifty ($50.00) dollars for e^ch additional unit; Sec. tw'o-hundred and sev-. enty-five ($275.00) dol­ lars for commercial structures; and, three- hundred ($300.00) dol­ lars for industrial structures, which shall be paid to the City of McHenry at the time the 1 application is filed. Sec. 3. All costs and expense incident to the instal­ lation and connection of the building sewer shall be borne by the owner. The owner shall indem­ nify the City of McHenry from any loss or damage that may directly or in­ directly be occasioned by the installation of the building sewer. Sec. 4. A separate and inde­ pendent building sewer shall be provided for ev­ ery building. Sec. 5. Old building sewers may be used in connec­ tion with new buildings only when they are found, on examination and test by the Superintendent of Public Works, to meet all requirements of this ordinance. Sec. 6. The size, slope, align­ ment, materials of con­ struction of a building sewer, and the methods to be used in excava- - ting, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the b u i l d i n g a n d s t a t e plumbing code or other applicable rules and- regulations of the C ity of McHenry. 7. Whenever possible, the C - 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, san­ itary sewage carried by such building drain shall be lifted by an approved Sec. means and discharged to the building sewer. Sec. 8. No person shall make connection of roof down­ spouts, exterior founda­ tion drains, areaway drains, or other sources of surface runoff or groundwater to a build­ ing sewer or building drain which in turn is connected directly or in­ directly to a public san­ itary sewer. Sec. 9. The connection of the building sewer into the public sewer shall con­ form to the require­ ments of the building and state plumbing code or other applicable rules and regulations of the C i t y o f M c H e n r y . A l l such connections shall be made gastight and watertight. Any devia­ tion from the prescrib­ ed procedures and mat­ erials must be approved by the Superintendent of Public Works before in­ stallation. Sec. 10. The applicant for the building sewer permit shall notify the Superin­ tendent of Public Works when the building sewer is ready for inspection and connection to the public sewer. The con­ nection shall be made under the supervision of the Superintendent of Public Works or his representative. Sec. 11. All excavations for building sewer installa­ tion shall be adequately guarded with barricades and lights so as to pro­ tect the public from haz­ ard. Streets, sidewalks, parkways, and other public property disturb­ ed in the course of the work shall be restored in a manner satisfactory to the City of McHenry. ARTICLE V USE OF THE PUBLIC SEWERS Sec. 1 No person shall dis­ charge or cause to be Sec. discharged any storm- water, surface water, groundwater, roof run­ off, subsurface drain­ age, u ncontami nated cooling water, or unpol­ luted industrial process waters to any sanitary sewer. 2. Stormwater and all oth- ther unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers, or to a natural outlet approved by the Superintendent of Public Works. Indus­ trial cooling water or unpolluted process wa­ ters may be discharged, on approval of the Su­ perintendent of Public Works, to a storm sew­ er or natural outlet. 3. No person shall dis­ charge or cause to be discharged any of the following described wa­ ters or wastes to any public sewers: (a) Any gasoline, ben­ zene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.. (b) Any waters or wastes containing tox­ ic or poisonous solids, liquids, or gases insuf­ ficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, consitute a hazard to humans or animals, create a public nuisartce, or create any hazard in the receiving waters of the sewage treatment plant in­ cluding but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharg­ ed to the public sewer. (c) Any waters or wastes having a pH lower than (5.5), or having any oth­ er -corrosive property capable of causing dam­ age or hazard to struc­ tures, equipment, and personnel of the sewage works. (d) Solid or viscous sub- ' stances 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, binders , Sfcnd, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,.. unground gar­ bage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by gar­ bage grinders. 4. No person shall dis­ charge or cause to be discharged the follow­ ing described substanc­ es, materials, waters, or wastes if it appears likely in the opinion of the Superintendent of Public Works and/or City Engineer that such wastes can harm either the sewers, sewage treatment process, or equipment, have an ad­ verse effect on the re­ ceiving 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 Su­ perintendent of Public Works and/or City En­ gineer will give consid­ eration to such factors as the quantities of sub­ ject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment pro­ cess, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The Substances probhi- ited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees centigrade). (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in ex­ cess of one hundred (100) mg/1 or contain­ ing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahren­ heit (0 and 65 degrees centigrade). (c) Any garbage that has not been properly shredded. The installa­ tion and operation of any garbage grinder e- quipped with a motor of t h r e e - f o u r t h s ( 3 / 4 ) Horsepower (0.27 hp metric) or greater shall be subject to the review and approval of the Su­ perintendent of Public Works. (d) Any waters or w a s t e s c o n t a i n i n g strong acid iron pick­ ling wastes, or concen­ trated plating solutions whether neutralized or not. (e) Any waters or wastes containing iron, chrom­ ium. copper, zinc, and similar objectionable or toxic substances; or wastes exerting an ex­ cessive chlorine re­ quirement, to such de- » gree that any such mat­ erial received in the composite sewage at the sewage treatment works exceeds the limits es­ tablished by the Super­ intendent of Public Works for such mater­ ials. (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 Superintendent of Public Works as neces­ sary, after treatment of the composite sewage, to meet the require­ ments of the State, Fed­ eral, or other public a- gencies of jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half-life or con­ centration as may ex­ ceed limits established by the Superintendent of Public Works and/or City Engineer in com­ pliance with applicable State or Federal reg­ ulations. (h) Any waters or wastes having a pH in excess of (9.5). (i) Materials which ex- exert or cause; 1. Unusual concentra­ tions of inert suspended solids (such as, but not limited to, Fullers ear­ th, lime slurries, and lime residues) or of dis­ solved solids (such as, but not limited to, so­ dium chloride and so­ dium sulfate). 2. Excessive discolor­ ation (such «ft, but not ^ limited tg, "dye Wastes and vegetable tanning solutions). 3. Unusual BOD, chem­ ical oxygen demand, or chlorine requirements in such quantitites as to constitute a significant load on the sewage treatment works. 4. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. (j) Waters or wastes containing substances which are not amenable to treatment or reduc­ tion by the sewage treat­ ment processes employ­ ed, or are amenable to to treatment only to such degree that the sewage treatment plant effluent cannot meet the re­ quirements of other a - gencies having jurisdic­ tion over discharge to the receiving waters, (k) It shall be unlawful for any person, firm, or corporation to dis­ charge sanitary sewage or industrial waste wa­ ter into any storm sew­ ers which shall be con- . structed as a part of the improvement joint­ ly undertaken by the City and the State of Illinois and identified herein as joint City-State im­ provement along S.B.I. Route 20 (Illinois Route 120) State Section (14, 14X and 14W-2) RS and 5.B.I. Route 61 (Illin­ ois Route 31) State Sec­ tion (112 and 112 EXT.) RS, City Section 13 CS. Sec. 5. If any waters or wastes are discharged, or are proposed to be dis­ charged to the public sewers, which waters contain the substances or possess the charac­ teristics enumerated in Section 4 of this Ar­ ticle, and which in the judgment of the Super­ intendent of Public Works and/or City En­ gineer may have a de­ leterious effect upon the sewage works, pro­ cesses, equipment, or receiving waters, or / which otherwise create a hazard to life or con­ stitute a public nui­ sance, the Superinten­ dent of Public Works and/or City Engineer may: (a) Reject the wastes, (b) Require pretreat- mcnt to an acceptable condition for discharge to the public sewers, (c) Require control ov­ er the quantities and rates of discharge, and/or (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the pro­ visions of Section 10 of this article. If the Superintendent of Public Works and/or City Engineer permits the pretreatment or e- qualization of waste flows, the design and in­ stallation of the plants and equipment shall be subject to the review and approval of the Su­ perintendent of Public Works and/or City En­ gineer, and subject to **•- the requirements of all applicable codes, ordin­ ances, and laws. Sec. 6. Grease, oil, and sand interceptors shall be provided when, in the o- •.s pinion of the Superinten­ dent of Public Works and/or City Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive a- mounts, or any flam­ mable wastes, sand, or other harmful ingre­ dients; except that such interceptors shall not be r e q u i r e d f o r p r i v a t e l i v ­ ing quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent of Pub­ lic Works and/or City Engineer, and shall be located as to be readily and easily accessible for cleaning and inspec­ tion. Sec. 7. Where preliminary treatment or flow- equalizing facilities are provided for any waters or wastes, they shall be maintained continuously i n s a t i s f a c t o r y a n d e f ­ fective operation by the owner at his expense. Sec. 8. When required by the Superintendent of Pub­ lic W'orks, the owner of any property serviced by a building sewer car­ rying industrial wastes shall install a suitable control manhole to­ gether with such nec­ essary meters and other appurtenances in the building sewer to facil­ itate observation, sam­ pling, and measurement of the wastes, such man­ hole, when required, shall be accessibly and safely located, and shall be constructed in accor­ dance with plans ap­ proved by the Superin­ tendent of Public Works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and ac­ cessible at all times. Sec. 9. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accor­ dance with the latest ed­ ition of "Standard Meth­ ods for the Examination of Water and Wastewa­ ter," published by the American Public Health Association, and shall be determined at the control manhole pro­ vided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been re­ quired, the control man­ hole shall be considered to be the nearest down­ stream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be car­ ried out by customarily accepted methods to re­ flect the effect of con­ stituents upon the sew­ age works and to deter­ mine the existence of hazards to life, limb, and property. (The par­ ticular analyses invol­ ved will determine whether a twenty-four (24) hour composite of all outfalls of a pre­ mise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and sus­ pended sofids analyses are obtained from 24- hr. composites of all outfalls whereas pH's are determined from periodic\ grab samples. Sec. 10. No statement contain­ ed in this article shall be construed aspreven- Sec. 2, Pg. 2 Plaindealer - O c t . 8 , 1 9 6 9 ting any special agree- , ment or arrangement between the City of Mc­ Henry and any industrial concern whereby an in­ dustrial waste of unus­ ual strength or charac­ ter may be accepted by the City of McHenry for treatment, subject to payment therefore, by the industrial concern. ARTICLE VI PROTECTION FROM DAMAGE Sec. 1. No unauthorized per­ son shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any struc­ ture, appurtenance, or equipment which is a part of the sewage works. Any person vio­ lating this provision shall be subject to im­ mediate arrest under charge of disorderly conduct. ARTICLE VII POWERS AND AUTHORITY OE INSPECTORS Sec. 1. The Superintendent of Public Works and oth­ er duly authorized em­ ployees of the City of McHenry bearing prop­ er credentials and iden­ tification shall be per­ mitted to enter all prop­ erties for the purposes of inspection, observa­ t i o n , m e a s u r e m e n t sampling, and testing in accordance with the provisions of this ordin­ ance. The Superinten­ dent of Public Works or his representatives shall have no authority to inquire into any pro­ cesses including metal­ lurgical, chemical, oil, refining, ceramic, pa­ per, or other industries beyond that point hav­ ing a direct bearing on the kind and source of discharge to the sewers or waterways or facil­ ities for waste treat­ ment. Sec. 2. While performing the necessary work on pri­ vate properties referr­ ed to in Article VII, Section 1 above, the Su­ perintendent of Public Works or duly author­ ized employees of the City of McHenry shall Observe all safety rules applicable to the pre­ mises established by the company and the com­ pany shall be held harm­ less for injury or death to the City of McHenry employees and the City of McHenry shall in- demn'fy the company a- gainst loss or damage to its property by City of McHenry employees and against liability claims and demands for personal injury or prop­ erty damage asserted a- gainst the company and growing out of the gaug­ ing and sampling oper­ ation, except as such may be caused by neg­ ligence or failure of the company to maintain safe conditions as re­ quired in Article V, Section 8. Sec. 3. The Superintendent of Public Works and oth­ er duly authorized em­ ployees of the City of McHenry bearing prop­ er credentials and iden­ tification shall be per­ mitted to enter all pri-. vate properties through which the City of Mc­ Henry holds a duly ne-; gotiated easement for, the purposes of, but not limited to, inspection,; observation, measure-; ment, 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 accor-i dance with the terms' of the duly negotiated easement pertaining to the private property in­ volved. ARTICLE VIA PENALTIES Sec. 1. Any person found to be violating any provis­ ion of this article of the Municipal Code of the City of McHenry, except Article VI shall be served by the City of McHenry with written notice stating the nature of the violation and pro­ viding a reasonable time limit for the satisfac­ tory correction thereof. The offender shall, with­ in the period of time stated in such notice, permanently cease all violations.