CHAPTER 22
WATER
Article I Water
Definitions
A. The following rules and regulations specified in this Article shall be established by the Village of New Milford, Illinois. Such rules and regulations shall be for controlling the use of water to the respective water users of the Village of New Milford now and in the future.
B. Water Department: where used herein, means the water department of the Village of New Milford, Illinois.
C. Owner: where used herein, means the actual owner of the property to be supplied with water service.
D. Existing Service: where used herein, means those properties already connected to the Village Water Main.
E. New Service: where used herein, means those properties not connected to the Village Water Main.
F. Labor or the cost thereof: shall herein mean in accordance with the prevailing wage for labor.
G. SSWC: where used herein, shall mean the Standard Specifications for Water and Sewer Main in Illinois, the latest addition, which will be standards for the Village of New Milford.
H. Superintendent: where used herein, shall mean the Superintendent of Water of the Village of New Milford or an authorized agent or representative.
I. Clerk: where used herein, shall mean the Village Clerk of New Milford or her authorized agent.
Article II Intent and Purpose
A. The Village of New Milford finds and declares that the provisions of this Article are enacted for the following reasons:
1. To ensure timely and complete payment of all water charges arising from water service supply to customers.
2. To regulate termination of water services to customers for nonpayment of water charges.
3. To provide full and adequate notice to customers of termination of water service to that customer and of the procedure to follow to avoid termination.
4. To provide customers with a fair and reasonable opportunity, prior to termination, to dispute the correctness of water charges.
5. To standardize the notice of termination and other notices sent to customers.
6. To regulate termination of water services to rental property for nonpayment of water charges.
B. Scope: The provisions of this Article shall apply to water services supplied to customers.
C. Water Bills: A water bill shall be mailed to every water customer as outlined in this Chapter. Each water bill shall contain the following:
1. The time period of water service is covered by the water bill.
2. The water charge and/or other applicable fees.
3. The date of the water bill.
4. The date when complete payment is due.
5. The telephone number to call in order to dispute the water charges or request answers to any other questions regarding water service.
D. Computation of Time: for purposes of this Chapter, the following procedure shall be used in computing time periods:
1. In computing any period of time prescribed by this Chapter, the day of the act or event from which the designated period of time begins to run shall not be included.
2. The last day of the period so computed shall be included until the next day, which is not a Saturday, Sunday, or a legal holiday.
3. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.
Article III Water Service Connections
Section 1 Application for Service
A. Any consumer desiring water service shall make an application with the Clerk’s Office at the Village Hall, using the forms provided.
B. A Water Service Connection Form Application is required for new service connections, and a Water Service Connection Permit is valid for one (1) year.
1. The water connection permit time frame may be extended for a period not exceeding six (6) months with an additional twenty-five percent (25%) fee based on the current Water Service Connection Fee.
C. The Water Service Connection Permit will only be issued upon review and approval of the application by the Water Department and/or Water Superintendent, and, if applicable, a valid Building Permit has been issued.
D. The Water Service Connection Form must be completed and submitted with full payment of the Application Fee and Service Connection Fee as outlined in Section 2.
E. Applicants requesting a water service connection are required to pay for a water meter and reader supplied by the Village at the current price and have such meter and reader installed according to the SSWM, at the applicant’s expense for labor and materials and said meter and reader should remain the Water Department property. Water meters larger than one inch (1”) shall be supplied and installed by the owner. The Water Department will inspect the installation and record all meter and reader data.
Section 2 Application Fees, Meter Deposits, and Connection Fees
A. Application Fees and Meter Deposits
1. All applicants requesting water service shall be required to pay a non-refundable application fee and meter deposit for such service of One Hundred Fifty Dollars ($150.00). If not paid, then the amount will be added to their bill.
2. If a water customer sells his or her property and the Village collected and is holding a meter deposit in this customer’s name for said property and the customer requests such meter deposit be refunded to them, then the meter deposit shall be returned upon payment of the final water bill, including but not limited to any interest, late
charges, penalties, turn-on fees, or other amounts owed to the Village.
a. The Village may, in its discretion, set off said meter deposit against any amounts owed, including but not limited to any late charges, penalties, turn-on fees, turn-off fees, or any other amounts due the Village.
B. Connection Fees
1. Anyone making an application for a new water service connection to the water main will pay a Water Service Connection Fee according to the size of the service or main.
a. 1” $1,000.00
b. 1.5” $1,250.00
c. 2” $1,500.00
d. 4” $3,000.00
e. 6” $5,000.00
f. 8” $7,500.00
2. Any connections to said main larger than the standard one-inch (1”) line will require an additional fee, including but not limited to the cost of labor and materials as specified and approved by the Water Department.
Section 3 Connection to the Water Main
A. All installations or replacements of water lines shall be required to follow the SSWM.
B. The party or parties making a connection to the water system shall be responsible for all expenses incurred to the installing or replacing of said services, including but not limited to the cost of labor and materials.
C. All service lines, either between the main and the cut-off or between the cut-off and the water meter, shall require an on-sight inspection by the Superintendent.
1. At least a twenty-four (24) hour notice shall be given to the Water Department for inspections of the water service connection.
2. Inspections will be done during normal business hours of the Water Department.
3. Failure to comply with the inspection procedure shall be subject to the penalties provided herein, including but not limited to a fine not to exceed Two Hundred Fifty Dollars ($250.00) and must be paid in full, or water service will be shut off.
D. Any customer requiring a re-connection of existing or replacement of a service line to the water main system shall be responsible for all expenses, including but not limited to the costs of materials, labor, and inspection fees.
1. Exception: If the re-connection was because of leaks or repairs at the main or because of the Village’s water main replacement program, then the Village shall bear the expense.
E. The Water Service Connection is to be regulated by the Water Department.
F. Multi-Family and Duplex Units.
1. All duplex units shall be serviced by a single service line/meter of appropriate size for each distinct unit.
2. Any new construction will follow the BOCA codes for the water service connection.
Article IV Connection Inside and Outside Village Limits
Section 1 Connections Inside Village Limits
A. No connection shall be made to the Village Water System unless it is located within the corporate limits of the Village.
B. Exceptions: The Village Board may, at its discretion, allow connection to the Village Water System by a customer located outside the corporate limits of the Village under the following conditions:
1. The owner of the property to be connected to the system is unable to annex the Village because the property is not contiguous to the Village.
2. The owner of the property agrees to petition for annexation to the Village within thirty (30) days of the property becoming contiguous to the Village and must do so according to the Municipal Code of Illinois.
a. If the owner fails to timely submit the said petition, each owner at the time of extension of the water service and all subsequent owners irrevocably designate the Village President to execute said petition for annexation.
3. Annexation to the Village can be anticipated in the foreseeable future.
4. The Village derives and will continue to derive a significant benefit from the user (as determined solely by the Village Board), or there is a potential economic benefit from the user that the Village will derive (as determined solely by the Village Board).
a. The economic benefit derived by the Village shall exceed the cost, if any, incurred by the Village for the extension of such water service.
C. The owner, with the Village Board’s approval, shall pay the cost of extending water service from the existing water mains to the extremities of the property for easy access by future extensions, including but not limited to all engineering fees and materials labor, and installation costs.
1. The Village may, at its discretion, contribute to the cost of extending the water main if the Village requires the owner to install a water main larger than the standard size as defined elsewhere in the Village Code.
Section 2 Connections Outside Village Limits
A. All persons making the connection to any main property outside of the Village limits shall pay double the connection fee and shall adhere to the same requirements as if inside the Village limits.
B. the property owner shall sign a written agreement that the owner will annex his property to the Village when and if the said property shall become contiguous to said Village; said agreement shall be recorded in the Office of the Recorder of Winnebago County.
1. The owner shall follow the same annexation procedure as outlined in Article I of this Chapter.
Article V Disconnection of Water Service Lines and Demolitions
A. All demolitions of properties where water service lines are present shall be inspected by the Superintendent for proof that existing water service lines have been removed and properly capped off.
1. Any costs, including but not limited to labor, materials, and inspection fees, shall be paid by the owner.
B. Disconnection of service lines at the water main shall be required on all existing services where the property is being demolished and where no buildings are going to be replaced.
1. Any costs, including but not limited to labor, materials, and inspection fees, shall be paid by the owner.
Article VI Water Meters
A. All water service connections shall be required to have a water meter to register water usage, as well as a touchpad outside readers.
B. Water meters and readers can only be purchased from the Village of New Milford and must be installed according to the SSWM.
1. Cost of the said meter will be based on the actual purchase price supplied to the Village.
2. The owner shall be responsible for all expenses incurred for the installation or future repair or replacement of said meter, including but not limited to the cost of building materials, repairs, or re-plumbing necessary or desirable to accommodate the water meter.
C. For all dwellings having more than one tenant and only one meter, the meter shall be registered in the Property Owner’s name.
D. No building shall have water available until the Property Owner has a meter installed and the Water Department has programmed such meter.
E. If the water meter or reading device should become damaged for any reason, the Property Owner shall be responsible for the cost of repairs or replacement thereof, including but not limited to labor and material costs.
F. Testing of meter:
1. In the event that the water customer desires to have the meter tested for correct operation, the Water Department will remove said meter and seal it in the customer’s presence.
2. If the meter test indicates that the meter is not working correctly, as defined by the Water Department, then the meter will be replaced or repaired at no charge to the owner, and the testing fee will be waived.
3. If the meter test indicates that the meter is working correctly, as defined by the Water Department, then the meter will be replaced on the premises, and the actual charge, including but not limited to the charge for testing and any labor or materials expended by the Water Department for such testing, will be the responsibility of the Property Owner.
G. Failure of the meter:
1. When the meter fails to register, the charge for water used during the period of non-registration will be determined from the average water usage of the previous twelve months.
2. When such an average is obviously unfair to either the customer or the Village, then an average will be agreed upon by both parties.
3. If both parties cannot agree, all the facts will be submitted to the Village Board, and their decision will be final.
H. Use of water or of property of the Water Department contrary to the provisions herein, or the tampering with water meter devices, shall be illegal, subject to the penalties provided herein, including but not limited to a fine not to exceed Five Hundred Dollars ($500.00).
I. In the event that the interior water meter and the outside reading device (remote reader) do not have the same readings, then the inside meter shall be the official reading for purposes of determining water usage and appropriate charges.
J. In the event that the Water Department personnel cannot read the metering device due to inaccessibility, failure, or accuracy of said water meter equipment, in order to determine water usage, the bill shall be estimated based on the average water usage of the previous twelve (12) months.
Article VII Protection of Water Department Property
A. All devices installed on the customer’s premises for the purposes of facilitating the metering of water shall become the property of the owner, excluding the meter and the art, which shall be owned by the Village of New Milford but protected and cared for by the Property Owner.
B. The Property Owner shall protect and be responsible for such property in the case of loss or damages.
C. Only authorized agents of the Water Department will be permitted to remove or replace such property unless stated differently elsewhere in this Chapter or approved otherwise.
1. Removal of such property by parties other than those authorized to do so shall be subject to the penalties provided herein, including but not limited to a fine not to exceed Five Hundred Dollars ($500.00).
D. The Property Owner or customer shall maintain free access to all Water Department property.
E. The Property Owner or customer shall not store or construct any obstacles which will interfere with the reading, repairing, or removal of the water meter.
F. The Property Owner shall keep his curb box, and curb stop free from obstruction so that the water can be turned on or off whenever necessary without delay.
J. Any person, firm, or corporation, whosever may be working in any street or streets of the Village, who may disturb or in any way damage the Village water mains, appurtenances, or thereto, shall be responsible to the Village for any and all such damages, and shall bear all expenses of labor and material of such replacement or repair made necessary thereby, and they shall also be responsible for damage to surrounding properties, on account of said damage to water mains.
Article VIII Access to Premises
A. Authorized agents of the Water Department shall at all reasonable hours have access to premises for the purposes of inspecting, reading, repairing, testing, or removing any and all Water Department property.
B. All authorized agents of the Water Department can and shall present an identification card if asked to do so.
Article IX Discontinuing of Service for Repairs
A. When it is necessary for the Water Department to interrupt water service for the purpose of repairing or extending the water main, it will endeavor to give notice of interruption and to shut off the water at a time when it will cause the least inconvenience to the customer.
B. In case of a main break or pumping equipment failure requiring an immediate shutdown or interruption of service, the Water Department shall not bear the responsibility of prior notice to its customers.
C. All boilers or tanks on the customer’s premises that are connected directly with the service line shall be required to have installed a check valve that adequately prevents its collapse or prevents damage in case the water is suddenly shut off.
D. Only persons authorized by the Water Department shall turn on or off water valves or curb cocks.
E. The Village shall not bear the responsibility for damages or loss due to interruption of water service.
Article X Notice to Plumbers and Excavators
A. All plumbers, contractors, and other persons shall contact and shall get written permission from the Superintendent prior to performing any excavating, tapping, repairing, changing, or any other disturbances to the water mains or service lines.
B. The Superintendent will use his or her best efforts to locate and mark any underground water mains or services.
C. The plumber or contractor shall take every precaution to prevent damage to the water main or service line.
1. If any damages do occur, the plumber or person that caused the damage and the owner who hired such person shall be jointly and severally liable and shall pay the cost, including but not limited to repairs and liabilities resulting from such damages.
D. All water connections shall follow the SSWM and local and State building codes.
Article XI Water Main Extensions and Subdivisions
A. All subdividers/developers shall follow all the procedures and specifications as outlined in the SSWM provided by the Superintendent.
B. The entire water system shall be installed by and paid for by the subdivider/developer.
C. In such cases where the subdivider/developer is required to provide a later diameter main for future expansion and said subdivider/developer believes he is entitled to additional reimbursement, he shall appear before the Village Board.
1. The reimbursement is to be made based on the difference between the cost of an eight-inch (8”) minimum size extension pipe which the Village Board may require to be installed, and the cost of a larger pipe which the Village may require for future expansion.
2. If the increased size water main is required for the purposes of fire flow, then the difference in the cost of the pipe does not apply for reimbursement by the Village.
3. The Village Board will study the facts of the case and may or may not give additional reimbursement.
D. The installation of the water main shall be inspected, and the entire installation shall be approved by the Water Department and the Village Engineer in writing prior to final acceptance of the subdivision by the Village by the Water Department or Village Engineer.
1. Such costs for inspection shall be the responsibility of the subdivider/developer.
Article XII Replacing or Repairing Water Service Lines
Section 1 Leak or Break
A. When a leak or break has been discovered in a water service line between the curb stop, to and including the premises, the Property Owner is responsible for repair or replacement, including but not limited to, all the expenses of labor and material of such repair or replacement.
B. If the property owner has not taken action within twenty-four (24) hours after the Property Owner has been notified, the Water Department shall turn off or disconnect the service or shall cause the service to be disconnected with all labor and material to be paid for by the Property Owner and shall notify the Clerk of such.
C. The Water Department shall be authorized to undertake said turn-off or disconnection by using Water Department employees or by employing an independent contractor to perform such service.
D. The Water Department has the right to shut off any service with a leak or break at any time that said leak or break, is in the opinion of the Water Department, causing or could cause serious damage to the street or property.
E. The water service disconnection or reconnection shall be inspected by the Water Department and shall be in accordance with this Article and other rules and regulations of the Water Department.
Section 2 Costs
A. The Property Owner shall be responsible for and shall pay all costs incurred by the Water Department or agents in disconnecting said service line.
B. The Property Owner may select and pay for a plumber of his choice to replace the water service, or it will be replaced by the Water Department at the Property Owner’s expense.
C. If the Water Department employees turn off or disconnect said service or do the work to correct said service, all costs shall be calculated on labor and material based on the prevailing rate of wages established by the Village Ordinance.
D. If the Water Department employs an independent contractor to perform said service, the amount of the charges incurred by the Village shall be paid by the Property Owner.
E. The Property Owner shall make payment in full or seek Village Board approval for other arrangements within twenty-one (21) days of the mailing of a bill from the Village.
F. If payment or terms/arrangements with the Village Board for time payments are made within said twentyone (21) days, the water service shall become delinquent and result in being turned off or disconnected until the bill is paid along with late fees and a Twenty-five Dollar ($25.00) turn off fee and a Twenty-five Dollar ($25.00) turn on fee.
Article XIII Street Improvements
A. Prior to any street improvements program where the street is improved with either a Portland cement concrete surface or a bituminous surface, all water services which do not type K soft copper shall be replaced at the owner’s expense for labor and materials.
B. Water services shall also be extended to vacant lots containing fifty feet (50’) or more frontage at the owner’s expense for labor and materials.
Article XIV Fire Hydrants
A. Fire hydrants are for the use of the New Milford Fire Protection District for the purpose of extinguishing fires.
B. No persons other than members of said Fire District and persons authorized by the Water Department shall open or attempt to draw water from any fire hydrant.
C. Fire hydrant locations and installations shall follow the SSWM as provided by the Water Department.
D. Flushing of hydrants will be performed by the Water Department on a timely schedule, and the Village shall not bear the expense of any loss or damage due to such flushing.
Article XV Cross-Connections
A. Definitions. For purposes of this Article, the following definitions shall apply:
BACKFLOW: The reversal of flow from that normally intended. The flow of water or other liquids, mixtures, or substances into the distributing pipe of a potable supply of water from any source or source other than its intended source.
CROSS-CONNECTION: A connection or arrangement of piping or appurtenance through which a backflow could occur.
SAFE AIR GAP: The air gap in a water supply system is the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood-level rim of the receptacle.
SECONDARY WATER SUPPLY: The water supply system is maintained in addition to the public water supply system, including but not limited to water systems from ground or surface resources or water from a public water supply that in any way has been treated, processed, or exposed to any possible contaminant or stored in other than an approved storage facility.
SUBMERGED INLET: A water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture, or appliance which may contain water of questionable quality, waste, or other contaminant and which is unprotected against backflow.
WATER UTILITY OR PUBLIC WATER SUPPLY SYSTEM: The water system is maintained by the Village of New Milford by and through its Water Department.
B. Compliance with Existing Laws. A connection with the public water supply system shall comply with the existing laws and rules of the Illinois State Plumbing Code, the provisions of the Code of the Village of New Milford, and the rules and regulations of the Illinois Environmental Protection Agency.
C. Cross-Connections. Cross-connection of the public water supply system and any other water supply system or source, including but not limited to, the following is prohibited:
1. Between a public water supply system and a secondary water supply.
2. Between a public water supply system and a submerged inlet.
3. Between a public water supply system and a lawn sprinkling system.
4. Between a public water supply system and piping immersed in a tank or vessel which may contain a
contaminant.
D. 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.
E. Corrections and Protective Devices.
1. Any use of the public water supply system shall obtain written approval from the Water Department of any proposed corrective action or protective device intended to eliminate or prevent a cross-connection before its use or installation.
2. The time allowed for completion of the necessary corrective action required to eliminate cross-connections shall be dependent upon the degree of hazard involved and the time required to obtain and install the equipment.
3. If the cross-connection has not been removed within the time as hereinafter specified, the Village shall physically separate the public water supply system from the on-site piping system in such a manner that the two (2) systems cannot be connected by persons other than employees of the Water Department.
F. Piping Identification. When a secondary water source is used in addition to the public water supply system, the public water supply, and the secondary water piping shall be identified by distinguishing colors or tags and so maintained that each pipe may be readily traced in its entirety to its origin in order to protect the public water supply at the service connection in a manner acceptable to the Water Department.
G. Private Water Storage Tanks. A private water storage tank supplied from the public water supply system shall be deemed a secondary water supply unless it is designed and approved for potable water usage.
H. Elimination of Existing Cross-Connections:
1. Within one year from the effective date of this Article, all existing cross-connections to the water supply system shall be eliminated.
2. The expense of such elimination shall be that of the Property Owner on which such cross-connection exists.
I. Inspection:
1. The Water Department or any representative thereof shall have the authority to inspect any premises to determine the presence of any existing cross-connection and to order the elimination of such cross-connection.
2. Any new plumbing system shall be inspected by the Water Department and also a licensed plumber certified by the State as a cross-connection control device inspector.
J. Discontinuance of Water Service.
1. The Water Department is hereby authorized to discontinue water service after reasonable notice to any person owning any property where a cross-connection exists in violation of this Code.
2. The Water Department may take such other measures as necessary to eliminate any danger of contamination of the public water supply system.
3. Water service to such property shall not be restored until such cross-connection has been eliminated.
K. Prohibition. No user of the Village water supply system shall cause or allow any cross-connection to exist on his premises.
Article XVI Private Wells
A. Private wells are not permitted within the Village without a permit from the Village Board, and no permit for a private well shall be granted in the event that the Village Water Supply is within 1000 feet of any property line of the applicant for a good permit.
B. The Property Owner shall be required to pay the total cost of labor and materials to extend the water main to the Owner’s property line.
1. Such extension shall follow the SSWM.
C. The Village may, at its discretion, contribute to the cost of extending the water main if the Village of New Milford requires the Property Owner to install a water main larger than the standard size as required by the Village.
D. When a water main becomes available and the well is determined unfit by the Winnebago County Department of Health or an Illinois Licensed Sanitarian, then a water service line shall be connected to said water main within ninety (90) days, and the private well must be properly abandoned in accordance with Village, County, and State codes. The Water Department shall receive documentation from the Property Owner within said time period showing a properly abandoned well.
1. The private well shall be determined unfit in the event that contamination is found.
2. To determine contamination, a test will be required via a Winnebago County Department of Health or an Illinois Licensed Sanitarian.
3. An annual test shall be required to prove fitness for any private well within the Village limits at the expense of the Property Owner.
Article XVII Water Department Employees
A. The management and supervision of the Water Department of the Village of New Milford of any and all property pertaining thereto shall be vested in the Water Superintendent of said Village, hereinafter known as the Superintendent.
B. The Superintendent shall:
1. Have the duty to protect the Water Department from unnecessary damage or loss and keep said Water Department in good running order and repair.
2. Direct all work pertaining to the future extension of said Water Department and all repairs upon the same of every kind and nature.
3. Have the duty to enforce all the provisions of this Chapter.
4. Make monthly reports to the Public Works Committee or the Village Board, or more often, if required, such reports shall be determined by the Committee.
5. Keep an accurate map or profile of all the water mains now or hereinafter laid in said Village on file in his office with their dimensions, locations and connections, hydrants, and service connections.
6. Keep an accurate map showing easements.
7. Perform such other duties as may be required by the Village Board.
C. Identification: Inspectors, Foreman, Meter Readers, or any other employees or authorized agents of the Water Department whose duty it may be to enter upon private premises to make inspection and examination of water meters, pipes, fixtures, or appurtenances thereto, for any reason whatsoever in connection with the Village water supply, will be provided with an Identification Card, or other credentials to identify him, or them, as authorized agents and representatives of the Village Water Department.
Article XVIII Sprinkling Lawns or Water Bans
A. This section shall be enforced at the discretion of the Village Board, based on the extra dry weather conditions or if the running order of the water distribution system is in a state of emergency, as established by the Superintendent.
1. The Water Ban will be first published in one or more local newspapers or given as a notice on a prior billing.
2. When such a condition exists, the Village will be divided into two (2) areas utilizing odd/even addresses throughout the Village.
B. Sprinkling or watering of lawns, grass, or parkways during a declared emergency or water ban announcement is lawful and permitted on the even side of the street only on Monday, Wednesday, and Friday.
C. Sprinkling or watering of lawns, grass, or parkways during a declared emergency or water ban announcement is lawful and permitted on the odd side of the street only on Tuesday, Thursday and Saturday.
D. During the water ban announcement or emergency, it is unlawful to sprinkle water on Sunday or on any other day except as above designated.
E. It shall be unlawful for any person, corporation, or other entity to violate or fail to comply with any of the provisions of this Article, and any person who violates any provision of this Article shall be liable for a fine of Twenty-five Dollars ($25.00) if paid within ten (10) days of the date of issuance of a citation or complain, or Fifty Dollars ($50.00) if paid after the ten (10) days from said issuance.
F. Any person, corporation, or other entity that violates or fails to comply with the provisions of this Article for a second offense shall be liable for said fines that are twice the amounts stated in Subparagraph E above.
Article XIX Water Service Rates
A. Operation, Maintenance, and Debt Service cost estimate for the distribution system will be established for all customers equally and shall be as follows:
1. All water users shall pay the metered rate of Four and 86/100ths Dollars ($4.86) per one thousand (1000) gallons of volume used.
2. The minimum flat rate shall be Fifteen Dollars ($15.00) a month, plus any bond surcharge necessary for the improvement or maintenance of the water system.
B. Rates charged to accounts outside the corporate boundaries of the Village of New Milford shall be one hundred fifty percent (150%) of the identical rates charged to accounts inside the corporate boundaries of the Village.
C. Metered accounts that do not get true readings and/or had their meter removed for repair shall have their monthly bill estimated using the prior twelve months’ water usage as an average.
D. The adequacy of the water rates for operating the system in a fiscally sound manner shall be reviewed periodically by the Village Board and may be revised to reflect changes in costs for operating the system, including but not limited to operations, maintenance, debt service, and capital improvements.
E. Mobile home parks shall be charged a minimum of $5.00/lot connection per month plus Four and 86/100ths Dollars ($4.86) per one thousand (1000) gallons used.
Article XX Billing
Section 1 Billing Procedure
A. All water bills shall be paid on or before the due date as noted on the water bill.
B. Bills and notices will be mailed or delivered to the customer’s last address as shown by the records of the Clerk, failure to receive a bill will not relieve the customer from his obligation to pay the bill.
C. All bills for water service shall become delinquent twenty-one (21) days after the date thereon.
D. If payment of a bill is made by mail, the post office cancellation date is shown by the sending post office will determine the date of payment.
1. If the cancellation date is beyond the due date, then late fees will be applied to the customer’s next bill.
E. If payment of bill is made by dropping it in the drop box on the Village Hall door, then it will be posted for payment on the next business day of the Clerk as noted upon the door.
Section 2 Delinquency Procedure
A. On the twenty-second (22) day after the date thereon, or thereafter, a second bill will be sent with an indication of delinquency, including all late charges and notice of an additional ten (10) days to pay the charges.
B. Ten Dollars ($10.00) or ten percent (10%) late charge, whichever is greater, will be added on the twenty-second
(22) day.
C. If the bill has not been paid by the thirty-second (32) day after the original bill, a final notice will be mailed (certified) indicating the delinquency, and the certification fee will be added to the customer’s account.
1. The notice will include an additional ten (10) days beginning from the mailing date of said notice to pay the delinquent charges or the water will be turned off to the premises and a shut-off fee of Twenty-five Dollars ($25.00) and turn on fee of Twenty-five Dollars ($25.00) will be required to be paid in order for service to be reinstated.
D. If the bill has not been paid before the date indicated on the final notice, then the procedure for the termination will take place for such water service.
E. Disputes involving Section 2 of this Article XX may be brought to the Public Works Committee for review.
Section 3 Person Responsible for Payment
A. The owner of the premises, the occupant thereof, the tenant thereof, or the user of the water service shall be jointly and severally liable to pay for the service to such premises.
B. In the event the water bill is not paid, the owner or occupant or user or tenant shall be jointly and severally liable to pay all costs incurred in collecting said water bill, including but not limited to all reasonable attorney’s fees and court costs.
Section 4 Lien Notice of Delinquency
A. Lien: In the event charges for water service remains unpaid after rendition of the bill for such services, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquency shall constitute a lien upon the real estate for which service is supplied, and the Clerk is hereby authorized and directed to file with the County Recorder of Deed of Winnebago County a notice of lien claim showing such delinquencies and the filing of such statement shall be deemed notice of the lien for said water service.
B. This notice shall consist of a sworn statement setting out the following:
1. The address of the premises served.
2. The amount of money due for such water service.
3. The date when such an amount became delinquent.
4. The Village’s reasonable Attorney’s fees.
5. The Recorder’s fees.
6. The costs for verifying the legal description of the property.
C. This remedy of a lien notice shall not be construed to limit or in any manner interfere with the right and power of the Village to enforce collection of the unpaid water bills or any other violation of this Ordinance by any other action.
D. Notification of lien:
1. If the user whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, then the notice shall be mailed to the owner of the premises if his address is known to the Clerk.
2. Failure of the Clerk to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills, as provided in this Section.
E. Foreclosure of lien: property subject to a lien for unpaid charges shall be foreclosed in the manner as provided by the Illinois Compiled Statutes.
F. Every water lien shall, upon compliance with the condition hereinafter set forth, become and be prior and superior to the rights and interest of creditors, encumbrances, purchasers, and other parties in interest in the premises and real estate.
G. When this Chapter shall become effective, a copy of this Section thereof property certified by the Clerk shall be filed in the office of the Recorder of Deeds of Winnebago County and shall be deemed notice to all owners of real estate of their liability for charges for the water system supplied to any occupant or user of such service on their property.
H. The lien provisions established in this Chapter shall become effective upon passage, approval, and publication of this Chapter.
I. No water lien shall be defeated to the proper amount thereof because of an error or overcharge on the part of the Village, nor shall any such lien be defeated upon proof that such water was used or contracted for by a tenant of the premises or occupant thereof or user thereof other than the owner.
Section 5 Revenues and Accounts
A. The Clerk shall keep accounts of all the money received by the Clerk’s Office for payment of water bills, and the source and disposition thereof; and such other accounts as may be required by Statute.
B. The Clerk shall promptly deposit all money received for payment of water bills on behalf of the Village of New Milford and make necessary reports to the Village.
C. The Village Clerk or their authorized agent shall keep accurate records of all money received showing the source from which it is received, the purpose for which it is paid; and shall keep records at all times showing the financial status of the Water Department and report such facts to the Village Board of Trustees.
Article XXI
Customer Billing and/or Violation Appeals Procedure
A. At any time before the date of termination of water service for nonpayment of the amount shown on the water bill or for a violation of this Article, or for notice of rejection, a customer may dispute the basis of the termination, violation, or rejection.
B. The customer shall not be entitled to dispute the basis of termination, violation, or rejection if the basis was the subject of a previous dispute under this Article.
C. The procedure for customer disputes shall be as follows:
1. If a notice of termination has been given for nonpayment for water usage charges or violation of this Article or any other reasons for which they have received such notice, the customer shall have the right to dispute such notice by notifying the Clerk before the date of termination, in writing, that they dispute such notice and state as completely as possible the basis for their dispute.
2. If a notice of rejection has been given, the customer shall notify the Clerk, in writing, that they dispute the reasons for rejection and state as completely as possible the basis for their dispute.
3. If the Clerk determines that the present dispute is untimely or that the customer previously disputed the basis, the Clerk shall mail to the customer a notice stating that the present dispute is untimely or invalid.
a. A dispute is considered untimely if filed after the water service has been terminated, and the Water Department shall then proceed as if the customer had not notified the Clerk of the present dispute.
b. If the Clerk determines that the present dispute is not untimely or invalid under this Article, the Clerk will, within three (3) days after receipt of the customer’s notice or a reasonable time thereafter, arrange or attempt to arrange an informal meeting between the customer, the Chairman of the Public Works Committee, the Village President, the Superintendent of the Water Department and/or the Clerk.
4. Water Department records, Village records, customer allegations, and all other relevant materials available shall be used to resolve the dispute in a manner satisfactory to all parties involved in the dispute.
5. Within five (5) days of completion of the meeting, the Clerk shall mail to the customer a copy of the decision from the meeting resolving the dispute.
6. If the decision is unsatisfactory to the customer, the customer, within five (5) days of the mailing of the Village’s decision, as determined by the postmark, may file, in writing with the Clerk, a request for a formal hearing before the Village Board.
7. The formal hearing before the Board shall be held at its next regularly scheduled Board meeting following the Clerk’s receipt of the customer’s written request.
8. At the hearing, the Superintendent, the Committee Chairman, and the customer shall be entitled to present all evidence that is, in the Village Board’s view, relevant and material to the dispute and to examine and cross-examine witnesses. A stenographic record of the hearing shall be maintained at the customer’s cost (to be added to the water bill).
9. Based on the record established at the hearing, the Board, within five (5) days of the completion of the hearing, shall issue its written decision formally resolving the dispute.
10. This decision shall be final and binding on the Water Department and on the customer.
D. Utilization of this dispute procedure shall not relieve a customer of his obligation to:
1. Timely and completely pay all other undisputed water charges or other fees or costs provided for
herein.
2. Timely and completely pay the undisputed portions of the amounts which are subject to the present
dispute.
3. Comply with all other provisions as set forth in this Article.
E. Until the date of the Village Board’s decision, the Water Department shall not terminate the water service of the customer and shall not issue a notice of termination to him solely based upon the matters in dispute.
F. If it is determined that the customer must pay some or all of the disputed amounts or must take some action
to comply with all other provisions of this Article, the Superintendent or the Village Board shall promptly mail to, or personally serve upon the customer, a notice of termination, which shall contain the following:
1. The amount to be paid or the violation to be corrected.
2. The date of the notice of termination.
3. The date of termination.
4. Notice that unless the Clerk receives complete payment in the amount shown prior to the date of termination or that the violation has been corrected, water service shall be terminated.
Article XXII Termination of the Water Services
Section 1 Requested Turn Off/On or Disconnect/Re-Connect
A. Whenever a premise is to be vacated or closed for any period of time, an application shall be made to the Water Department to have the water supply turned off or disconnected.
B. The Water Department shall then proceed to turn off the water, read and, if necessary, remove the water meter.
C. The customer will receive a bill for water usage based on the meter reading and pay an additional fee as described below.
1. If the request is for turning off of service at the curb stop, then a fee of Twelve and 50/100ths Dollars ($12.50) shall apply.
2. If the request is for disconnection of service, then the customer will be required to pay the charges, including but not limited to the costs of labor and materials.
D. Whenever the premises requires the water service to be turned on or re-connected to the water system, then the application shall be made to the Water Department, and a fee for such will be charged as follows:
1. If the request is for turning on of service at the curb stop, then a fee of Twelve and 50/100ths Dollars ($12.50) shall apply.
2. If the request is for re-connection of service, then the customer will be required to pay the charges, including but not limited to the costs of labor and materials.
Section 2 Termination Due to Delinquency or Violation of this Article
A. The provisions of this Section shall govern all terminations of water service for nonpayment of utility charges or for failure to comply with any of the provisions as set forth in this Article.
B. If by the payment date shown on the water bill, the Village has not received complete payment of the amounts shown on the bill or that violations of this Article have not been corrected, then the Water Department shall mail to or personally serve upon the customer, a notice of termination.
C. The notice of termination shall contain the following:
1. The amount to be paid or the violation to be corrected.
2. The date of notice of termination.
3. The date of termination, which shall be at least ten (10) days from the date of notice of termination.
4. Notice that unless the Water Department receives complete payment of the amount shown or that the violation has been corrected prior to the date of termination, the water service shall be terminated.
D. If, prior to the date of termination, the Water Department has not received complete payment of the amount shown on the notice of termination or corrected the violation for such notice or the customer has not notified the Clerk that he disputes the correctness of the notice then the Water Department shall terminate the water service provided to the customer on the date of termination.
E. If the Water Department receives payment of the entire amount shown on the notice of termination or the violation has been corrected prior to the date of termination, such payment or correction shall be considered timely for the purposes of this Article.
Section 3 Limitations on Termination of Water Service
A. The Water Department shall terminate water service for nonpayment of water charges and/or violations to this Article only between the hours of eight o’clock (8:00) a.m. and three o’clock (3:00) p.m. Monday through Thursday.
1. No terminations shall be permitted on Friday, Saturday, Sunday, or a legal holiday or on the day before a legal holiday.
B. No terminations shall be permitted on a day when the low temperature within the previous twenty-four (24) hours, as reported by the National Weather Service at its First Order Station nearest the residence, was below zero (0) degrees Fahrenheit.
C. If water service to a residential customer has been terminated and not reinstated by three o’clock (3:00) p.m. on the day of termination, when the low temperature within the previous twenty-four (24) hours, as reported by the National Weather Service, was below thirty-two (32) degrees Fahrenheit, the Water Department shall notify the Police Department and the County Health Department on the day of termination of the following:
1. The name of the customer.
2. The address and location of the residence no longer receiving water service.
D. The Water Department shall not initially undertake to terminate water service for nonpayment of amounts totaling less than Forty Dollars ($40.00).
Section 4 Reinstatement of Water Services
A. When water service has been terminated in accordance with the provisions of this Article, the Water Department shall be instructed to reinstate such service when:
1. Complete payment of the amount whose nonpayment prompted the termination with an additional fee of Twenty-five Dollars ($25.00) for turn off and Twenty-five Dollars ($25.00) for turn on has been paid to the Water Department; or
2. Notice has been received by the Water Department that the violation of this Article has been corrected.
B. The Water Department will reinstate the water service to the customer within one full working day of the Water Department when provisions in Subparagraph (A) have been completed.
1. The Water Department will not reinstate water service on Saturday, Sunday, or legal holidays.
C. Such payment or correction of violation shall not be considered timely for the purposes of this Article.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
