Chapter 18: Water and Sewer

Sec. 18-1. Office of Superintendent of Water and Sewers Created; Appointment

There is hereby established the office of Superintendent of Water and Sewers who shall be appointed by
the Village President and Board of Trustees.

Sec. 18-2. Duties of Superintendent of Water and Sewers

The Superintendent of Water and Sewers shall have charge of the waterworks, the distribution system for
water in the Village and the operation of the sanitary sewer system. He shall be responsible for the proper
operation of the same; and he is hereby authorized to see to the enforcement of all provisions of this Code and
other ordinances pertaining thereto. He shall work in conjunction with the Sanitary Sewer District where
applicable.

Sec. 18-3. Privy Vaults Prohibited

It shall be unlawful to construct, erect or establish any privy vault in the Village.

Sec. 18-4. Sewer and Water Connection Charge

No person, other than those in the employ of the Village and under the direction of the Village, shall make
any connection with any public sewer or public water pipe within the Village without a prior inspection and
approval by the Superintendent of Water and Sewers. Anyone desiring to connect to any public sewer or public
water pipe in the Village must make application stating where the sewer and water pipe connection is to be
made, with reference to the lot lines, and the address of the premises to be served thereby, to the
Superintendent of Water and Sewers. The charge for connecting to the Village sewer system shall be the sum
of Two Thousand ($2,000.00) Dollars, and the charge for connecting to the Village public water system shall
be the sum of Two Thousand ($2,000.00) Dollars and said sum(s) shall be paid for in cash at the time of
application. (Ord. 1998-2; 6/8/98)

Sec. 18-5. Waiver of Fee

Notwithstanding the provisions of

Sec. 18-4. of this Article, the connection fees are waived and need not be

paid by anyone applying to connect any unimproved lot or lots that are within the city limits of the Village of
Durand, Illinois to any sewer or public water main in the Village when said person has to run water and/or

sewer mains up to the said lot or lots. (Ord. 2018-5, 2/26/18)

Sec. 18-6. - 18.17 Reserved

Sec. 18-18. Use of Groundwater as a Potable Water Supply Prohibited (Repealed)

(Ord. 2018-14; 8/22/22)

Sec. 18-18. Use of Groundwater as a Potable Water Supply Prohibited

a. Use of groundwater as a potable water supply prohibited. The use or attempt to use a potable water
supply groundwater from within the corporate limits of the Village of Durand, as a potable water
supply, by the installation or drilling of wells or by any other method is hereby prohibited. This
prohibition does not include the Village of Durand.

b. Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to
$1,000.00 per day for each continuing violation.

c. Definitions. "Person" is an individual, partnership, co -partnership, firm, company, limited liability
company, corporation, association, joint stock, company, trust, estate, political subdivision, or any
other legal entity, or their legal representatives, agents, or assigns.

"Potable water" is any water used for human or domestic consumption, including but not limited to, water
used for drinking, bathing, swimming, washing dishes, or preparing foods. (Ord. 2021-3; 2/8/21)

Sec. 18 -19. Obstructing and Polluting Watercourses and Stagnant Pools Prohibited and Declared a
Nuisance.

a. It shall be unlawful and is hereby declared a nuisance for any person to obstruct or pollute any
watercourse or source of water supply in the Village.

b. Any stagnant pool of water in the Village is hereby declared to be a nuisance. It shall be unlawful for
any person to permit any such nuisance to remain or exist on any property under his or its control.

Sec. 18 -20. Tampering with Water Meters, Property of Water System, Sanitary Sewer and Related
Property.

It shall be unlawful for any person not authorized by the Village to tamper with, alter or injure any part of
the Village waterworks or supply system, any water meter, or any part of the sanitary sewer system, pumping
stations or lagoon. Violators of this section shall be responsible for the cost of repairs or replacement thereof,
including, but not limited to the cost of labor and materials. (Ord. 2013-5; 11/25/13) (Ord. 2013-6; 12/9/13)

Sec. 18-21. Resale and Redistribution of Water Prohibited

No water shall be resold or redistributed by the recipient thereof from the Village supply to any premises
other than that for which application has been made and the meter installed, except in case of emergency.

Sec. 18-22. Water Use Restrictions

Restrictions on nonessential water use may be implemented by the Superintendent of Public Works, and/or
the Superintendent of Water and Sewers, or his or their designee, and with the consent of the Village President,
to protect the health and safety of Village resident’s dependent on the system. Restricted nonessential uses
include lawn watering/sprinkling, garden watering, car washing or any other uses deemed nonessential by the
Superintendent of Public Works and/or Superintendent of Water and Sewers and the Village President.
Implementation shall consist of notification to all television and radio stations located in the cities of Rockford,
Illinois, Freeport, Illinois and Monroe, Wisconsin and to all newspapers located within the Village of Durand,
Illinois and by posting notice at th e Village Hall and the Sanitary System location for the Village of Durand,
Illinois and shall be in effect and enforceable on the date of publication of notice by the said newspaper(s) or
on the seventh day following posting of the notice as aforesaid, whichever occurs first. Violations of this
Section are subject to a minimum of a $50.00 per day fine an d a maximum fine of $500.00 per day.
Additionally, the Village Attorney is hereby authorized to file suit to recover any and all overhead costs as
determined by the Superintendent of Public Works and/or the Superintendent of Water and Sewers. Each day a
violation of this Section continues constitutes a separate violation. (Ord. 2013-5, 11/25/13) (Ord. 2013-6,
12/6/13)

Sec. 18-23. Watering/Sprinkling Regulations

a. It shall be unlawful for any person to water a lawn and/or garden at any time except that persons at odd
numbered street addresses may water on odd numbered days of the month between the hours of 6 a.m. and 10
a.m., and 6 p.m. and 10 p.m. and persons at even -numbered street addresses may water on even-numbered
days of the month between the hours of 6 a.m. and 10 a.m. and 6 p.m. and 10 p.m. (Ord. 2013-5, 11/25/13)

b. Violators of this Section are subject to a minimum of a $50.00 per day fine and a maximum fine of
$500.00 per day. Each day a violation of this Section continues constitutes a separate violation. (Ord. 2003-
9; 9/8/03) (Ord. 2013-5, 11/25/13) (Ord.2013-6, 12/9/13)

Sec. 18-24. - 18-26. Reserved

Sec. 18-27. Superintendent of Water and Sewers to Turn on Water

No water from the Village water supply shall be turned on for service into any premises by any person
other than the superintendent of water and sewers or some person authorized by him to perform this service.

Sec. 18-28. Form of Application for Water Service

Applications to have water turned on shall be made in writing to the Village Clerk, and shall contain an
agreement by the applicant to abide by and accept all of the provisions of this chapter as conditions governing
the use of the Village water supply.

Sec. 18-29. Water Turn-on and Turn-off Fees and Sewer Disconnect and Reconnect Fees

The fee for the turning on or off of water shall be Fifty Dollars ($50.00). The fee for disconnecting or
reconnecting sewer service due to failure to pay the water/sewer component of the municipal services fee shall
be Two Hundred Fifty Dollars ($250.00). (Ord. 2010-8; 8/23/10)

Sec. 18-30. Deposit Required (Repealed)

(Ord. 1987-5; 9/28/87)

Sec. 18-31. Plumbing to Comply with Code Prior to Turning on Water

No water shall be turned on for service in premises in which the plumbing does not comply with this Code
and other ordinances of the Village; however, water may be turned on for construction work in unfinished
buildings, subject to the provisions of this chapter.

Sec. 18-32. Permit Required and Notice to be Given Prior to Connection

No connections with a water main of the Village shall be made, without a permit being issued and twenty-
four (24) hours' notice having been given to the superintendent of water and sewers.

Cross-reference - Permits generally, 10-1 et seq.

Sec. 18-33. Installations to be Performed by and at Expense of Owner

All service pipes from the mains to the premises served and all connections shall be installed by and at the
cost of the owner of the property to be served or the applicant for the service.

Sec. 18-34. Supervision; Inspections

All connections and installations of service pipe shall be made under the supervision of the superintendent
of water and sewers and no connections or pipes shall be covered until the work has been inspected by him.

Sec. 18-35. Work to Conform to Specifications

No service pipe shall be installed or connection made unless it conforms to specifications drawn up by the
Village Board of trustees and approved thereby. A copy of the specifications shall be kept on file by the
Village Clerk and shall be open to inspection by any person interested.

Sec. 18-36. Manner of Making Excavations

Excavations for installing or repairing service pipes shall be made in compliance with the provisions of
this Code relating to make excavations in streets. It shall be unlawful to place any service pipe in the same
excavation with, or directly over, any drainpipe or sewer pipe.

Sec. 18-37. Shutoff Boxes Required; Location

Shutoff boxes or service boxes shall be placed on every service pipe, and shall be located between the curb
line and the sidewalk line where this is practicable. Such boxes shall be so located that they are easily
accessible and shall be protected from frost.

Sec. 18-38. Responsibility for Repairs and Right to Enter Premises. (Ord. 2017-2; 3/27/17)

a. All repairs for sewer service pipes and plumbing systems of buildings shall be made by and at the
expense of the owners of the premises served; provided, however, that in the event repairs are made
necessary by blockage, the owner's responsibility for repair shall extend only from the building to the
main; if the repair is made necessary by a break in the service, the owner is responsible for repair to
breaks located within the owner's property line; breaks located on property owned by the Village shall
be repaired by the Village at Village expense.

b. Responsibility for repairs to, and expenses therefore, water service shall be allocated as follows; the
property owner shall be responsible for repairing the service from the building to the shutoff box; the
Village shall be responsible for the shutoff box, and from the shutoff box to the main.

c. The Village public works superintendent, the designated engineer, the meter reader, and other village
assistants, agents and representatives shall have the right to enter and have free access at all reasonable
hours to all premises to examine, repair, and/or replace meters and back -flow prevention devices and
cross-connection control devices, and ascertain the location and usage of all hydrants, pipes, meter, or
other fixtures attached to the Village waterworks system.

If such person…

1. Finds that water is being wasted or the integrity of the Villa ge water system is being
compromised in any way, on account of the negligence of the customer , occupant or
owner of the premises or for want of repairs or failure to install any state or federal
required equipment and if such actions are not remedied by the cu stomer, occupant or
owner of the premises within the timeframe specified by the Village; or

2. Is denied access to make such examination, repairs, or replacements; then services
leading to such premises shall be disconnected from the Village water system after due
notice is given pursuant to the procedure set for the below.

a. Prior to disconnecting water service to the premises, the public works
superintendent or designee, upon direction from the Village President, shall send
written notice to the customer and the owner of the premises that the water
service will be disconnected if

i. The Village is not given access to the premises; or

ii. If the actions causing the Village water system to be compromised are
not remedied with fourteen (14) days from the date of the notice. Such
notice shall include the date of disconnection. The disconnection shall
not occur until at least ten calendar days after date of the notice.

b. Such written notice shall be sent certified mail or may be delivered in person by
a Village representative. If delivered in person, such disconnection notice may
be left with a person over the age of 14. If mailed, such disconnection notice
shall be mailed separately from the customary water bill.

c. Upon receipt of a notice of disconnection, the owner of the premises, occupant
and/or customer shall have the right to contest the termination of service. If the
owner of the premises, occupant and/or customer desires to contest the
termination of service, it must provide the Village public works superintendent
with written notice of their desire to contest the termination of service within
fourteen calendar days of the date of the disconnection notice. The Village
public works superintendent shall then forward such request to contest the
termination of service to the Village Board of Trustees.

d. The Village Board of Trustees shall then conduct a hearing to consider and
render a decision on the contest at any scheduled meeting of the Village Board of
Trustees. Notice of this hearing date shall be mailed by certified mail, return
receipt requested, to the owner of the premises, the local health department and
the customer. If the Village Board of Trustees determines that disconnection is
warranted, it shall specify in its decision

i. The date of disconnection unless the Village is given access to premises,
or

ii. The actions causing water to be wasted or causing the Village water
system to be compromised are remedied, prior to the date of
disconnection.

e. In addition to the other notices required under this Section, if, on the business
day prior to the scheduled disconnection the Village has not been given access to
premises, or

i. The actions causing water to be wasted or causing the Village water
system to be compro mised have not yet been remedied, a Village
representative shall attempt to contact the property owner, occupant or
customer by telephone, e -mail, or in person to announce the
disconnection on the following business day. In the event the property
owner, occupant, or customer cannot be contacted, the Village shall
leave a notice at the premises by means of a door sticker that water
service will be disconnected the next business day if the Village has not
been given access to the premises, or

ii. The actions causing water to be wasted or causing the Village water
system to be compro mised have not been remedied prior to
disconnection.

f. On the day of the scheduled disconnection, upon arriving at the premises, the
Village public works employees making the disconnection shall attempt to
contact the occupant of the premises at the premises.

g. The Village public works department shall not disconnect water service at the
meter after 12:00 p.m. unless they are able to reconnect the same day at the
standard reconnection charge. The Village public works department shall not
disconnect any water service on a holiday or weekend unless they are prepared to
reconnect on that holiday or weekend day.

d. In lieu of discon nection pursuant to subsection (c) above, if such person (1) finds that water is being
wasted or the integrity of the Village water system is being compromised in any way, on account of
the negligence of the customer, occupant or owner of the premises or for want of repairs or failure to
install any state or federal required equipment and if such actions are not remedied by the customer,
occupant or owner of the premises within the time frame specified by the Village, then the Village
may declare the water waste to be a nuisance and assess a one -time fine and perform such repairs as
needed to restore the integrity of the Village water system, with the cost of such repairs to be assessed
to the customer, occupant or owner of the premises.

a. Prior to deeming the activity, a nuisance, assessing a fine, and performing repa irs to restore
the integrity of the Village water syste m, the public works superintendent or designed, upon
direction from the Village President, shall send written notice to the customer, and the owner
of the premises

i. Outlining the repairs or equipment needed to remedy the water waste,

ii. Indicating the if the actions causing water to be wasted or causing the Village water
system to be compromised are not remedied within fourteen (14) days, such actions
shall be deemed a nuisance punishable by a one -time fine of not less tha n $100.00
but no more than $500.00, and

iii. Indicating the if the actions causing water to be wasted or causing the Village water
system to be compromised are not remedied within fourteen (14) days, the Village
reserves the right to perform any and all repairs deemed necessary, at its sole
discretion, to abate the water waste, with the costs of such repairs being assessed to
the owner, occupant, or customer on the following month’s customary water bill.

b. Such written notice shall be sent certified mail or may be delivered in person by a Village
representative. If delivered in person, such notice may be left with a person over the age of
14. If mailed, such notice shall be mailed separately from the customary water bill.

e. The fee for reconnecting water which has been disconnected pursuant to this Section shall be $50.00.

f. Any reconnections to the Village water system shall occur between 8:00 a.m. and 3:00 p.m. Monday
through Friday. The customer, owner of the premises, and/or occupant shall be charged and shall pay
three times the normal connection fee stated in subsection (e) above should the reconnection occur at a
time other than between 8:00 a.m. and 3:00 p.m. Monday through Friday. (Ordinance 2017 -2;
3/27/17)

Sec. 18-39. Notice of Approval of Final Plumbing Inspection Required

The owner of a dwelling/building located in the Village of Durand is required to give written notice to the
Durand Village Clerk of the approval of a final plumbing inspection. Said notice must be received or
postmarked no later than five (5) business days following the acceptance of the said final plumbing inspection.
(Ord. 2001-12; 10/22/01)

Sec. 18-40. Effective Start Date for Sewer and Water Service Charges

The Village of Durand shall begin charging for sewer and water services as of the first day following
approval of the final plumbing inspection. (Ord. 2001-12; 10/22/01)

Sec. 18-41. Penalty for Failure to Notify

Failure of the owner of a dwelling/building to notify the Durand Village Clerk of the approval of a final
plumbing inspection as hereinabove provided shall result in a fine/penalty being assessed against the owner of
the dwelling/building in the amount of One Hundred ($100.00) Dollars which shall be added to the charges for
the sewer and water services for the dwelling/building on which the final plumbing inspection was approved
and shall be considered an additional charge for sewer and water services. (Ord. 2001-12; 10/22/01)

Sec. 18-42. All service pipes extending from the corporation cock to the curb -stop and from the curb -stop to the

shutoff valve shall be of copper and shall be of Type K with the inside diameter conforming to standard iron
pipe dimensions but not smaller than one inch (1”) inside diameter and shall in each case be connected with
brass flared joints or brass compression couplings if the service is underground. (Ord. 2003-5; 6/23/03)

Sect. 18-43. Meter Setters Required.

Meter setters are required to be installed in all new construction projects. (Ord. 2006-13; 11/27/06)

Sec. 18-44. Meter Required

All premises using the Village water supply must be equipped with a water meter.

Sec. 18-45. Meter to be Supplied by the Village and Installed at the Owner’s Expense

All water meters required by this Chapter shall be supplied by the Village of Durand, installed by the
owner at the owner’s expense, and inspected by the Village after installation.
(Ord. 2013-6; 12/6/13) (Ord. 2018-5; 2/26/18)

Sec. 18-46. Water Service Prior to Installation of Meter

Before a water meter can be installed on a premises, the owner, occupant or contractor, may receive water
at a flat rate charge prescribed by the Board of trustees upon making application therefore.

Sec. 18-47. Location of Meters

Water meters shall be installed in a location that will be of easy access.

Sec. 18-48. Reading Meters

The superintendent of water and sewers shall read or cause to be read every water meter used in the
Village at such times as are necessary for the bills to be sent out at the proper time.

Sec. 18-49. Defective Meters; Testing; Fee

Any water meter in the Village shall be taken out and tested by Village personnel upon complaint of a
customer and upon payment of a fee of fifty dollars ($50.00). If the test indicates that the meter is not accurate
to the extent required by state regulations, it shall be repaired or replaced and the fee of fifty dollars ($50.00)
shall be returned to the customer. If the test indicates that the meter is accurate to the extent required by state
regulations, it shall be put back into service. (Ord. 2013-5; 11/25/13) (Ord. 2013-6; 12/6/13)

If the customer wishes to have the meter tested by the Village’s outside licensed contractor he may do so
at his own expense. The Village will provide the customer a cost quote for testing and shipping. This amount
will be paid to the Village before the meter is removed. The meter may only be removed by Village personnel,
or his or their designee. If the test indicates that the meter is not accurate to the extent required by state
regulations, the Village will repair or replace it, and the customer shall be reimbursed. (Ord. 2013-6; 12/9/13)

Sec. 18-50. Sewer and Water Rates

That the initial rates for sewer service in the Village shall, effective with usage of June 2025 and to be
shown on utility bills processed in July 2025 be billed at a rate of $37.00 per month per unit, except that
sewer rates for the following customers shall be as follows:

Laundromats: $127.53 per month
Public Schools: $331.36 per month
Car Washes: $261.52 per month
Nursing Homes: $1443.18 per month

(Ord 2025-9; 5/12/25)

That the initial rates for water service in the Village shall, effective with usage of April 2019, to be
shown on utility bills processed in May 2019:

0-3000 gallons of usage per month per unit: $33.00 per month, plus $2.50 per month Administrative Fee
per customer, except that the Base Water Rates for the following customers shall be as follows:

Laundromats: $57.02 per month
Public Schools: $113.42
Car Washes: $85.11
Nursing Homes: $246.11

Any meter that registers over 3,000 gallons of usage per unit in any month: Additional charge of $.007 per
gallon of usage over 3,000 gallons per month per unit, effective with usage of June 2025, to be shown on the
utility bills processed in July 2025. (Ord. 2025-9; 5/12/25)

The Durand School District No. 322 building and the Medina Nursing Home building will each be
considered one unit, with the above applicable rates.

Future rates may be adjusted or amended by ordinance of the Board of Trustees.

The term “unit” means a household, apartment or business or separate space being used as a household,
apartment or business in a building intended for or capable of being used to house household(s), apartment(s)
or business(es) or multiples or combinations thereof. (Ord.2017-11; 09/11/17)

EXAMPLES:

a. A building serviced by one water meter consisting of 4 apartments is 4 units.

b. A building serviced by one water meter consisting of 4 apartments and 1 business is five units.

c. A single-family residence serviced by one water meter is 1 unit.

d. A duplex serviced by one water meter consisting of 2 households is 2 units.

e. A single-family residence serviced by one water meter approved for a business in the house is 1 unit.

f. A building consisting of 2 occupied apartments, 2 unoccupied apartments and an unoccupied space
intended for or capable of being occupied by one business is 5 units.

g. A building consisting of 4 apartments with each apartme nt having its own water meter - each
apartment/water meter is 1 unit. (Ord. 2013-1; 3/25/13)

Sec. 18-51. When Bills are to be Rendered

a. All water rates established under section 18 -50 of this article shall be billed and collected pursuant to
section 9-42 of the Municipal Code of the Village of Durand, Illinois, as a component of the municipal
services fee.

b. All other bills for charges or services rendered may be billed separately by the water department and
collected under the procedures established under section 9-42 of the Municipal Code of the Village of
Durand, Illinois.

c. There is hereby imposed a fee of $25.00 each time a payment, in any form, to the Village of Durand is
returned to the Village of Durand due to insufficient funds or a closed account. This fee shall be added

to the subsequent month’s bill to cover the expense of processing the bill with the insufficient funds or
closed account. (Ord. 2023-16; 11/27/23)

d. Failure to receive notice of water rates, rents or services due will not be a valid excuse for failure to
pay such water rates, rents or services when due.

Sec. 18-52. (a). Termination of Services for Nonpayment of Charges; Reconnection Fee

Water services may be terminated and the water supply shut off for non -payment of the water component
of the municipal services fee within the time provided in, and in accordance with section 9-43 of the Municipal
Code of the Village of Durand, Illinois or for failure to arrange for or to allow the installation of a water meter
within a reasonable time after dispatch of a notice to do so or for failure to allow authorized agents of the water
department access to the premises for the purpose of inspecting, reading, testing, calibrating, removing or
replacing any and all water meters or water department property. When shut off, water shall not be turned on
again except upon payment in full of all amounts owed for municipal services fees pursuant to section 9 -42 of
the Municipal Code of the Village of Durand, Illinois and/or except upon completion of installation of the
required water meter and upon payment in full of all turn-on and shut-off fees pursuant to section 18-29 of the
Municipal Code of the Village of Durand , Illinois and upon payment of any and all fines that may have been
assessed for violation of the provisions of section 18 -20 of the Municipal Code of the Village of Durand,
Illinois. (Ord. 2010-8; 8/23/10) (Ord. 2012-3; 3/26/12)

Sec. 18-52. (b). Water Meter - Damage

If the water meter or reading device should become damaged or destroyed by reason of a negligent or
intentional act, the owner of the property shall be responsible for the cost of repairs or replacement thereof,
including, but not limited to the cost of labor and materials. (Ord. 2012-3; 3/26/12)

Sec. 18-52. (c). Failure of Meter

1. If the meter fails to register or if the water department personnel cannot read the meter device for any
reason during the first month of activation the charge for water usage during the period of non -
registration shall be the average monthly water rate charged by the Village immediately prior to the
Village’s conversion to the use of water meters to determine water usage and charges. (Ord. 2012-3;
3/26/12)

2. If the meter fails to register or if the water department personnel cannot read the meter device for any
reason during the second or any month to any part of the twelfth month of activation the charge for
water usage during the period of non -registration shall be the average of the previous months meter
read charges. (Ord. 2012-3; 3/26/12)
3. If the meter fails to register or if the water department personnel cannot read the meter device for any
reason after twelve (12) full months of activation the charge for water usage during the period of non -
registration shall be the average of the previous twelve (12) months meter read charges. (Ord. 2012-3;
3/26/12)

Sec. 18-53. Termination of Sewer Services

Sewer services may be terminated and the sewer service disconnected for non-payment of the water/sewer
component of the municipal services fee within the time provided in, and in accordance with section 9 -43 of

the Municipal Code of the Village of Durand, Illinois. When disconnected, sewer services will not be
reconnected except upon payment in full of all amounts owed for municipal services fees pursuant to section 9-
42 of the Municipal Code of the Village of Durand, Illinois and upon payment in full of all disconnect and
reconnect fees pursuant to Section 18 -29 of the Municipal Code of the Village of Durand, Illinois. (Ord.
2010-8; 8/23/10)

Sec. 18-54. Continuing Lien Declared

The Village shall have a continuing lien upon the premises and real estate upon or for which water and/or
sewer services are used or supplied for all municipal services fees, water fees, sewer fees, charges or benefits
that may accrue by reason of the provisions of this chapter. (Ord. 2010-8; 8/23/10)

Sec. 18-55. Statement of Lien Claim

Whenever a bill or fee for any component of the municipal services fee remains unpaid thirty (30) or more
days after the service has been rendered or is due as otherwise herein provided, the water superintendent shall
be authorized to file with the recorder of deeds of the County of Winnebago, State of Illinois, a statement of
lien claim verified by the affidavit of himself or other officer of the Village having actual knowledge of the
facts. The statement shall contain a sufficiently correct description of the lot, lots or tracts of land to identify
the same, the balance due after allowing all credits, and the date when such amount became delinquent, and a
notice that the Village claims a lien for this amount, as well as for all charges for services supplied subsequent
to the period covered by the bill and for turn -off/turn-on fees and/or disconnection/reconnection fees. (Ord.
2010-8; 8/23/10)

Sec. 18-56. Effect of Error in Amount; Water Use by Tenants

No water lien shall be defeated due to the improper amount thereof because of an error or overcharge on
the part of the Village, nor shall such lien be defeated upon proof that such water was used by a tenant of the
premises or occupant thereof other than the owner.

Sec. 18-57. Effect of Failure to Give Notice

The failure of the Water Superintendent to mail such notice or the failure of the owner of such premises to
receive such notice shall not affect the right to foreclose the lien for unpaid water bills.

Sec. 18-58. Foreclosure; Enforcement

a. If a statement of lien claim has been filed as provided for in Section 18 -55 of the Municipal Code of
the Village of Durand, Illinois and said lien claim remains unpaid, the Village may file or cause to be
filed a complaint in the Circuit Court of Winnebago County for a foreclosure of such lien or, upon
becoming a defendant in any pending suit affecting the premises or real estate, by answer to the
complaint in the nature of an intervening petition or cross complaint, the Village may proceed in its
corporate name to foreclose such lien in like manner and with like effect as provided by the statutes of
the State of Illinois in foreclosure of mortgages on real estate. Any decree rendered in the court may
be enforced and collected as other decrees or judgments in the same court.

b. The remedy provided in this section shall not be construed to abridge or in any manner interfere with
the right and power of the Village to enforce collection of any money owed on any delinquent bills for

municipal services fees by any other means or as otherwise provided in this chapter, but the remedy
herein provided shall be taken and held as an additional means to enforce payment of such delinquent
municipal services fees, charges or benefits. (Ord. 2010-8; 8/23/10)

Sec. 18-59. Purchasers, Persons Interested in Property Required to Notify Water Department

It shall be the duty of any person about to purchase any premises within the Village of Durand, Illinois, or
of any mortgagee, trustee or lien claimant holding any mortgage, trust deed or lien against any premises within
the Village to first ascertain from the water superintendent of the Village as to any delinquent water bill, tax,
rate, rent or service that may have accrued or be against the premises, before purchasing the premises or
instituting proceedings foreclosing the mortgage, trust deed or lien and to notify the water superintendent in
writing as to his , their or its intention of purchasing the property or foreclosing the mortgage, trust deed, or
lien, and twenty-four (24) hours’ notice shall be deemed sufficient notice under this section.

CROSS-CONNECTIONS

Definitions. For the purpose of this Chapter the following definitions shall apply:

1. Backflow shall mean water of questionable quality, wastes or other contaminants entering a
public water system due to a reversal of flow. "Back siphonage" is one type of "backflow."

2. Cross-Connection shall mean a connection or arrangement of piping or appurtenance which a
backflow could occur.

3. Safe Air Gap shall mean the minimum distance of a water inlet or opening above the maximum
high-water level or overflow rim in a fixture, device or container to which public water is
furnished which shall be at least two times the inside diameter of the water inlet pipe; but shall not
be less than one inch and need not be more than 12 inches.

4. Secondary Water Supply shall mean a water supply system maintained in addition to a public
water supply, including but not limited to water systems from ground or surface sources or water
from a public water supply which in any way has been treated, processed or exposed to any
possible contaminant or stored in other than an approved storage facility.

5. Submerged Inlet shall mean a water pipe or extension thereto from a public water supply
terminating in a tank, vessel, fixture or appliance which may contain water o f questionable
quality, waste or other contaminant and which is unprotected against backflow.

6. Water Utility shall mean the Village Water Department.

Section 2. Compliance With Existing Laws. A connection with a public water supply system shall
comply with the existing laws and rules, The Illinois State Plumbing Code, and the provision of the Code of
the Village of Durand, Illinois.

Section 3. Cross-Connections Prohibited. Cross-connections of the public water supply system and
any other water supply system or source including but not limited to the following are prohibited:

1. Between a public water supply system and a secondary water supply.

2. By submerged inlet.

3. Between a lawn sprinkling system and the public water supply system.

4. Between a public water supply and piping which may contain sanitary waste or a chemical
contaminant.

5. Between a public water supply system and piping immersed in a tank or vessel which may
contain a contaminant.

Section 4. Local Cross -Connection Control Program. The Village shall develop a comprehensive
control program for the elimination and prevention of all cross -connections, and removal of all existing cross-
connections and prevention of all future cross-connections.

Section 5. Corrections and Protective Devices. Any user of the water supply system shall obtain
written approval f rom the Water Department of any proposed corrective action or protective devise before
using or installing it. The total time allowed for completion of the necessary corrections shall be contingent
upon the degree of hazard involved and include the time required to obtain and install equipment. If the cross -
connection has not been removed within the time as hereinafter specified, the Village shall physically separate
the water supply system from the on -site piping system in such manner that the two systems cannot be
connected by any unauthorized person.

Section 6. Piping Identification. When a secondary water source is used in addition to the public water
supply, the public water supply and secondary water piping shall be identified by distinguishing colors or tags
and so maintained that each pipe may be traced readily in its entirety, it will be necessary to protect the water
supply system at the service connection in a manner acceptable to the Water Department.

Section 7. Private Water Storage Tanks. A private water storage tank supplied from the water supply
system shall be deemed a secondary water supply unless it is designed and approved for potable water usage.

Section 8. Elimination of Existing Cross Connections. Within one year from the effective date of this
Section all existing cross -connections to the water supply system shall be eliminated. The expenses of such
elimination shall be that of the owner of the property on which such cross-connection exists.

Section 9. Inspection. The Water Department or any representative thereof shall have the authority to
inspect any premises to determine the presence of an existing cross -connection and to order the elimination of
such cross-connection.

Section 10. Discontinuance of Water Service. The Water Department is hereby authorized to discontinue
water service after a reasonable notice to any person owning any property where a cross -connection in
violation of this Code exists. The Water Department may take such other precautionary measures as necessary
to eliminate any danger of the contamination of the water supply system. Water service to such property shall
not be restored until such cross-connection has been eliminated.

Section 11. Penalty. The Village may issue a monetary penalty for non -compliance with the provision of
the Municipal Code for the Village of Durand, Illinois.

1Cross Reference - Obstructing drains in public streets and alleys, 15-7

2State law reference - Municipal water systems generally, Ill. Rev. Stat., Ch. 24, 11-124-1 et seq.

3Cross reference - Sewer connection charge, 18-4.

Sec. 18-60. Wastewater Service Charges. (User Charge Ordinance)

A. Basis for Wastewater Service Charges: The wastewater service charge for the use of and for
service supplied by the wastewater facilities of the Village of Durand shall consi st of a basic user
charge, a debt service charge, and applicable surcharges.

B. The Basic User Charge is levied on all users to recover the operation, maintenance plus replacement
(O&M) costs and shall be based on estimated average sewage discharge for each class of user or usage
as recorded by water meters or sewage meters for those users having such meters with the following
normal domestic concentrations:

a. A five-day, 20-degree centigrade biochemical oxygen demand (BOD) of 200 mg/l.

b. A suspended solids content of 240 mg/l.

The basic user charge shall be computed as follows:

a. Estimate the annual wastewater volume, pounds of BOD and pounds of SS to be treated.

b. Estimate the projected annual revenue required to operate and maintain the wastewater
facilities for the year, for all works categories.

c. Proportion the estimated O&M costs to each user class by volume, BOD and SS.

d. Proportion the estimated O&M costs to wastewater facility categories by volume, BOD and
SS.

e. Compute costs per 1,000 gallons for normal domestic strength sewage.

f. Compute charges for each class of user based on estimated sewage volume.

g. Compute surcharge costs per pound for BOD and SS concentrations in excess of normal
domestic strengths.

C. The Debt Service Charge is computed by apportioning the annual debt service as a fixed charge per
billing period.

D. A Surcharge will be levied to all users whose water exceed the normal domestic concentrations of
BOD (200 mg/l) and SS (240 mg/l). The surcharge will be based on water usage as recorded by water
meters or sewage meters for all wastes which exceed these concentrations for those users having such
meters.

The concentration of wastes used for computing surcharges shall be established by waste
sampling. Waste sampling shall be performed as often as may be deemed necessary by the Village of
Durand and shall be binding as a basis for surcharges.

E. The adequacy of the wastewater service charge shall be reviewed, not less often than annually, by
Certified Public Accountants for the Village of Durand in their annual audit report. The wastewater
service charge shall be revised periodically to reflect a change in local capital costs or O&M costs.

F. The users of the wastewater treatment services will be notified annually, in conjunction with a regular
bill, of the rate and that portion of the user charges which are attributable to the wastewater operation
and maintenance.

G. Measurement of Flow: The volume of flow used for computing basic user charges and surcharges
shall be the estimated sewage volume discharged for each class of user.

a. Devices for measuring the volume of waste discharged may be required by the Village of
Durand if these volumes cannot reasonably be estimated.

b. Metering devices for determining the volume of waste, (where required), shall be installed,
owned, and maintained by the user. Following approval and installation, such meters may not
be removed, unless service is canceled, without the consent of the Village of Durand

H. Basic User Charge: There shall be and there is hereby established a basic user charge of $1.78 per
1,000 gallons of estimated sewer volume to be applied to all users to recover O&M costs.

I. Debt Service Charge: There shall be and there is hereby established a debt service charge of $2.42
per 1,000 gallons of estimated sewage volume, to each user of the wastewater facility.

J. Estimated usage for each class will be charged at a rate of $4.20 per 1,000 gallons. This rate consists
of $1.78 for O&M costs, and $2.42 debt service costs.

K. All non -metered users of the wastewater facilities shall pay a flat monthly rate accounting to the
following schedule for each class of user:

Rate No./User Class Monthly Charges

Rate 1 Residential $23.50
Rate 2 School $709.73
Rate 3 Laundromat $ 90.15
Rate 4 Nursing Home $624.93
Rate 1 Clinic (Church) $23.50
Rate 1 Apartments $23.50
Rate 1 Business $23.50

L. Surcharge Rates: The rates of surcharges for BOD and SS shall be as follows:

Per lb. of BOD: $0.93/lb.
Per lb. of SS: $0.50/lb.

Calculation of Surcharges:

BOD
CBOD = B(Y-BC) x 8.34 x Q

Where: CBOD = Surcharge for BOD,
B = Surcharge Rate, 0.93/lb
Y = Monthly Ave. Effluent BOD
Concentration, mg/l
BC = Ave. Domestic BOD
Concentration, 200 mg/l
Q = Total Monthly Usage, MG

SS
CSS = S(ZY-SC) x 8.34 x Q

Where: CSS = Surcharge for TSS,
S = Surcharge Rate, 0.50/lb
Z = Monthly Ave. Effluent TSS
Concentration, mg/l
SC = Ave. Domestic SS
Concentration, 240 mg/l
Q = Total Monthly Usage, MG

M. Computation of Wastewater Service Charge: The wastewater service charge shall be computed by
the following formula:

CW = Vu (CM + CD) + CS

Where: CW = Amount of wastewater service charge ($) per billing period.
Vu = Wastewater Volume, average estimated for each user class for
the billing period.
CM = Costs for Operation and Maintenance (subsection H).
CD = Debt Service Charge (subsection I).
CS = Surcharges, if applicable (subsection L).

N. Access to Records: The IEPA or its authorized representative shall have access to any books,
documents, papers and records of the Village of Durand which are applicable to the Village system of
user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to
ensure compliance with the terms of the Special and General Conditions to any State Grant Loan
Agreement and Rules of any State Loan.

O. The rates and service charges established for user charges in Section 18 -60 shall be effective as of
November 1, 1997.

P. That if any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or

unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining provisions of this Ordinance. (Ord. 1997-19, 12/22/97)

Sec. 18-61. Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as
follows.

A. Federal Government

Federal Act means the Federal Clean Water Act (33 U.S.C. 466 et seq) as amended, (Pub. L. 95 -
217).

Administrator means the Administrator of the U.S. Environmental Protection Agency.

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

State Act means the Illinois Anti-Pollution Bond Act of 1970”

Director means the Director of the Illinois Environmental Protection Agency.

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 the Secretary of State of the State of Illinois.

C. Local Government

Ordinance means this ordinance.

Village means the Village of Durand.

Approving Authority means the Board of Trustees of the Village of Durand.

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 of word usage: Shall is mandatory; May is permissible.

G. Wastewater and Its Characteristics

Wastewater shall mean the spent water of a community. From this standpoint of course, it may
be 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.

Sewage is used interchangeable with wastewater.

Effluent Criteria are defined in any applicable NPDES Permit.

Water Quality Standards are defined in the Water Pollution Regulations of Illinois.

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.

Ppm shall mean parts per million by weight.

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.

Suspended Solids (SS) shall mean solids that either float on the surface of, or are in suspension in
water, sewage, or industrial waste, and which are removable by a laboratory filtration device.
Quantitative determination of suspended solids shall be made in accordance with procedures set forth
in the IEPA Division of Laboratories Manual of Laboratory Methods and the latest edition of
Standard Methods for the Examination of Water and Wastewater.

Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standards laboratory procedure in five (5) days at 20 o
C, expressed in milligrams per liter. Quantitative determination of BOD shall be made in accordance
with procedures set forth in the latest edition of Standard methods for the Examination of Water and
Wastewater.

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.

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.

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 particle greater than one -half
(½) inch (1.27 centimeters) in any dimension.

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.

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 100 gallons of sewage per day, containing
0.17 pounds of BOD and 0.20 pounds of suspended solids.

Slug shall mean any discharge of water, sewage or industrial waste which in concentration of any
given constituent or in quantity of low exceeds for any period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty -four (24) hour concentration of flows during
normal operation.

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.

Major Contributing Industry shall mean an industrial user of the publicly owned treatment works
that:

a. Has a flow of 50,000 gallons or more per average work day; or

b. Has a flow greater than 10 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

Sewer shall mean a pipe or conduit for conveying sewage or any other waste liquids, including
storm, surface, and groundwater drainage.

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.

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.

Storm Sewer shall mean a sewer that carries storm, surface and groundwater drainage but
excludes sewage and industrial wastes other than unpolluted cooling water.

Combined Sewer shall mean a sewer which is designed and intended to receive wastewater,
storm, surface, and groundwater drainage.

Building Sewer shall mean the extension from the building drain to the public sewer or other
place of disposal.

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 (5) feet (1.5 meters) outside
the inner face of the building wall.

Stormwater Runoff shall mean that portion of the precipitation that is drained into the sewers.

Sewerage shall mean the system of sewers and appurtenances for the collection, transportation
and pumping of sewage.

Easement shall mean an acquired legal right for the specific use of land owned by others.

I. Treatment

Pretreatment shall mean the treatment of wastewaters from sources before introduction into the
wastewater treatment works.

Wastewater Treatment Works shall mean an arrangement of devices and structures for treating
wastewater, 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

Watercourse shall mean a channel in which a flow of water occurs, either continuously or
intermittently.

Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of
surface or groundwater.

L. User Types

User Class shall mean the type of user residential, institutional/governmental, commercial, or
industrial as defined herein.
Residential User shall mean all dwelling units such as houses, mobile homes, apartments,
permanent multi-family dwellings.

Commercial User shall include transit lodging, retail and wholesale establishments or places
engaged in selling merchandises, or rendering services.

Institutional/Governmental User shall include schools, churches, penal institutions, and users
associated with Federal, State and local governments.

Industrial Users shall include establishments engaged in manufacturing activities involved in the
mechanical or chemical transformation of materials of substances into products.

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

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 Section 18 -60 and shall
consist of the total or the Basic User Charge, the Local Capital Cost and a Surcharge, if applicable.

User Charge shall mean a charge levied on users of treatment works for the cost of operation,
maintenance and replacement.

Basic User Charge shall mean the basic assessment levied on all users of the public sewer
system.

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.

Capital Improvement Charge shall mean a charge levied on users to improve, extend or
reconstruct the sewage treatment works.

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.

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 Section 18-60.

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.

Useful Life shall mean the estimated period during which the collection system and/or treatment
works will be operated.

Sewerage Fund is the principal accounting designation for all revenues received in the operation
of the sewerage system. (Ord. 1997-19; 12/22/97)