CHAPTER 17
SEWERS  

SECTION 17-1: DEFINITIONS  

 For the purpose of this chapter the following definitions shall apply unless the context clearly  indicates or requires a different meaning.  

“B.O.D.” (denoting Biochemical Oxygen Demand) The quantity of oxygen utilized in  biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C.,  expressed in milligrams per liter.  

“BUILDING DRAIN” 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 feet (1.5 meters) outside the inner  face of the building wall.  

“BUILDING SEWER” The extension from the building drain to the public sewer or other place of  disposal.  

“COMBINED SEWER” A sewer intended to receive both wastewater and storm or surface  water.  

“EASEMENT” An acquitted legal right for the specific use of land owned by others.  “EFFLUENT CRITERIA” Defined in any applicable NPDES permit.  

“FLOATABLE OIL” Oil, fat, or grease in a physical state such that it will separate by gravity  from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free  of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.  

“GARBAGE” Solid wastes from the domestic and commercial preparation, cooking, and  dispensing of food, and from the handling, storage, and sale of produce.  

“INDUSTRIAL WASTE” Any solid, liquid, or gaseous substance discharged, permitted to flow,  or escaping from any industrial, manufacturing, commercial, or business establishment or process or from  the development, recovery, or processing of any natural resource as distinct from sanitary sewage.  

“MAY” This term is permissive.  

“MILLIGRAMS PER LITER” 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.  

“NATURAL OUTLET” Any outlet into a watercourse, pond, ditch, lake or other body of surface  water or groundwater.  

“pH” The logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by  one of the procedures outlined in “Standard Methods”. 

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“P.P.M.” Parts per million by weight.  

“PERSON” 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.  

“POPULATION EQUIVALENT” 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  .17 pounds of B.O.D. or .22 pounds of suspended solids.  

“PRETREATMENT” The treatment of wastewaters from sources before introduction into the  sewerage works.  

“PROPERLY SHREDDED GARBAGE” The wastes from the preparation, cooking and  dispensing of food that have been shredded to such a degree that all particles will be carried freely under  the flow conditions normally prevailing in public sewer, with no particle greater than one-half inch (1.27  centimeters) in any dimension.  

“PUBLIC SEWER” 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 on or more persons and ultimately  discharge into the Village sewers, even though those sewers may not have been constructed with Village  funds.  

“SANITARY SEWER” A sewer that conveys sewage or industrial wastes or a combination of  both, and into which stormwaters, surface waters, and groundwaters or unpolluted industrial wastes are  not intentionally admitted.  

“SEWAGE” Used interchangeably with WASTEWATER.  

“SEWER” A pipe of conduit for conveying sewage or any other waste liquids, including  stormwater, surface water, and groundwater drainage.  

“SEWERAGE WORKS” The system of sewers and appurtenances for the collection,  transportation, pumping, and treatment of wastewater and discharge of effluent.  

“SHALL” This term is mandatory.  

“SLUDGE” Any discharge of water, sewage, or industrial waste which in concentration of any  given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more  than five times the average 24-hour concentration of lows during normal operation.  

“STANDARD METHODS” The examination and analytical procedures set forth in the most  recent edition of “Standard Methods for the Examination of Water and Wastewater” published jointly by  the American Public Health Association, the American Water Works Association, and the Water Pollution  Control Federation.  

“STORM SEWER” A sewer that carries stormwater, surface water and groundwater drainage,  but excludes sewage and industrial wastes other than unpolluted cooling water.  

“STORMWATER RUNOFF” That portion of the precipitation that is drained into the sewers.  

“SUPERINTENDENT” The person in charge of the sewerage facility employed by the Village of  Lena, Illinois, or its authorized deputy, agent or representative. 

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“SUSPENDED SOLIDS” 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 “Standard  Methods”.  

“UNPOLLUTED WATER” Water of 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.  

“WASTWATER” The spent water of a community. From this standpoint, it may be a  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.  

“WASTEWATER FACILITIES” Synonymous with SEWERAGE WORKS.  

“WASTEWATER TREATMENT WORKS” 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.  

“WATER QUALITY STANDARDS” Defined in the Water Pollution Regulations of Illinois.  

“WATERCOURSE” A channel in which a flow of water occurs, either continuously or  intermittently.  

SECTION 17-2: CONNECTION TO SEWER SYSTEM REQUIRED  

 The owners of all houses, buildings, or properties used for human occupancy, employment,  recreation, or other purposes situated within the Village and abutting on any street, alley, easement, or  right-of-way in which there is not located or may in the future be located any public sanitary sewer of the  Village are hereby required, each at his expense, to install suitable toilet facilities therein, and to connect  such facilities directly with the proper public sewer in accordance with the provision of this chapter, within  90 days after date of official notice to do so.  

SECTION 17-3: PRIVATE SEWAGE DISPOSAL SYSTEMS 

 (A) Connection to private disposal system. Where a public sanitary sewer is not available, and a  variance from the construction of a sanitary sewer has been granted by the Board of Trustees, the  building sewer shall be connected to a private sewage disposal system complying with the provisions of  this chapter.  

 (B) Permits required; fee. Before commencement of construction of a private sewage disposal  system, the owner shall first obtain a written permit signed by the Board of Trustees. The application for  such permit shall be made on a form furnished by the Superintendent of the Sewer Department (SSD),  which the applicant shall supplement by any plans, specifications, and other information as are deemed  necessary by the SSD. A permit and inspection fee of $10.00 shall be paid to the Village at the time the  application is filed.  

 (C) Inspection of work. A permit for a private sewage disposal system shall not become effective  until the installation is completed to the satisfaction of the SSD. He shall be allowed to inspect the work  at any stage of construction and, in any event, the applicant for the permit shall notify the SSD when the  work is ready for final inspection, and before any underground portions are covered. 

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 (D) Compliance with State regulations. The type, capacities, location, and layout of a private  sewage disposal system shall comply with all recommendations of the Private Sewage Disposal  Licensing Act and Code and with the State of Illinois Environmental Protection Agency, and the  ordinances of the county. No septic tank or cesspool shall be permitted to discharge to any outlet.  

 (E) Abandonment of private system. At such time as a public sewer becomes available to a  property served by a private sewage disposal system as provided in Section 17-2, a direct connection  shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and  similar private sewage disposal facilities shall be abandoned and filled with suitable material.  

 (F) Sanitary maintenance. The owner shall operate and maintain the private sewage disposal  facilities in a sanitary manner at all times, and at no expense to the Village.  

 (G) Additional requirements. No statement contained in this chapter shall be construed to  interfere with any additional requirements that may be imposed by the county in which said system is to  be constructed.  

SECTION 17-4: BUILDING SEWERS 

 (A) Classes of permits; application fees. There shall be two classes of building sewer permits;  one for residential and commercial service, and one for service to establishments producing industrial  wastes. In either case, the owner or his agent shall make application on a form furnished by the Village.  The permit application shall be supplemented by any plans, specification, or other information considered  pertinent in the judgment of the SSD. Connection and inspection fees as established by Chapter 19 of  this Code shall be paid to the Village at the time the application is filed. All nonresidential applicants  shall, as a condition of permit authorization, provide information describing its wastewater constituents,  characteristics, and type of activity.  

 (B) Condition for issuance. A building sewer permit will only be issued and a sewer connection  shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers,  pump stations, and wastewater treatment facilities, have sufficient reserve capacity to adequately and  efficiently handle the additional anticipated waste load.  

 (C) Costs borne by owner. All costs and expenses incident to the installation and connection of  the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or  damage that may directly or indirectly be occasioned by the installation of the building sewer.  

 (D) Separate sewer for each building. A separate and independent building sewer shall be  provided for every building.  

 (E) Old building sewers. Old building sewers may be used in connection with new buildings only  when they are found, on examination and test by the Village, to meet all requirements of this chapter.  

 (F) Construction specifications. The size, slope, alignment, and materials of construction of a  building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and  backfilling the trench, shall all conform to the requirements of the building and plumbing Codes or other  applicable rules and regulations of the Village. In the absence of Code provisions or in application  thereof, the materials and procedures set forth in appropriate specifications of the American Society of  Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard  Specifications for Water and Sewer Main construction in Illinois, 1973 Edition, shall apply, three copies of  each being on file in the office of the Village Clerk, and which are hereby adopted by reference. 

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 (G) Elevation. Whenever possible, the building sewer shall be brought to the building at an  elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity  flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which  is approved in accordance with this chapter, and discharged to the building sewer.  

 (H) Roof downspouts prohibited. No person shall make connection of roof downspouts, exterior  foundation drains or other sources of surface runoff or groundwater to a building sewer or building drain  which in turn is connected directly or indirectly to a public sanitary sewer.  

 (I) Connection to public sewer. The connection of the building sewer into the public sewer shall  conform to the requirements of the building and plumbing Codes, other applicable rules and regulations of  the Village, and the procedures set forth in appropriate specifications of the American Society of Testing  Materials, Water Pollution Control Federation manual of Practice No. 9, and Standard Specifications for  Water and Sewer Main Construction in Illinois. All such connections shall be made gastight and  watertight. Any deviation from the prescribed procedures and materials must be approved by the Village  before installation.  

 (J) Inspection. The applicant for the building sewer permit shall notify the Village when the  building sewer is ready for inspection and connection to the public sewer. The connection shall be made  under the supervision of the Village or its representative.  

 (K) Excavations. All excavations for building sewer installation shall be adequately guarded with  barricades and lights so as to protect the public from hazard. Street, sidewalks, parkways, and other  public property disturbed in the course of the work shall be restored in a manner satisfactory to the  Village.  

SECTION 17-5: STREET EXCAVATIONS  

 No persons shall dig, excavate, or cause to be dug or excavated within, through, or under any  street, alley, sidewalk, or public highways within the Village for any purpose under this chapter, without  first obtaining a permit in accordance with this Code.  

SECTION 17-6: DISCHARGE OF SEWAGE, POLLUTED WATERS 

 It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the  jurisdiction of the Village, any sewage or other polluted waters, except where suitable treatment has been  provided in accordance with the provisions of this chapter.  

SECTION 17-7: PRIVIES, SEPTIC TANKS PROHIBITED 

 Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault,  septic tank, cesspool, or other facility intended or used for the disposal of sewage.  

SECTION 17-8: STORMWATER DISCHARGES 

 (A) Stormwater discharged to sanitary sewer prohibited. No person shall discharge, or allow to  be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage,  uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Stormwater  and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as  storm sewers, or to a natural outlet approved by the Village. Industrial cooling water or unpolluted  process waters may be discharged on approval of the Village, to a storm sewer or natural outlet. 

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 (B) Stormwater system. It shall be unlawful for any person to connect or cause to be connected  with the stormwater drain system of the Village, any drain carrying or designed to carry any toilet, sink,  basement, septic tank, cesspool, industrial waste, or any fixture or other device discharging polluting  substances, or to cause or permit to be discharged into the stormwater system of the Village, any sanitary  sewage, industrial waste, or any other polluting substance.  

SECTION 17-9: PROHIBITED DISCHARGES 

 No person shall discharge or allow to be discharged any of the following described waters or  wastes to any public sewers:  

 (A) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.  

 (B) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient  quantify, either singly or by interaction with other wastes, injure or interfere with any sewage treatment  process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the  receiving waters of the wastewater treatment plant.  

 (C) Any waters having a pH lower than 5.5 or having any other corrosive property capable of  causing damage or hazard to structures, equipment, and personnel of the sewerage works.  

 (D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the  flow in sewers, or other interference with the proper operation of the sewerage works such as, but not  limited to ashes, cinders, sand mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,  unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups or  milk containers, either whole or ground by garbage grinders.  

SECTION 17-10: HARMFUL WASTES 

 (A) No person shall discharge or allow to be discharged the following described substances,  materials, waters or wastes:  

 (1) Any liquid or vapor having a temperature higher than 15° F.  

 (2) Any waters or wastes containing toxic or poisonous materials or oils, whether  emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become  viscous at temperatures between 32° and 150° F. (0° and 65° C.).  

 (3) Waters or wastes containing substances which are not amenable to treatment or  reduction by the wastewater treatment processes employed, or are amenable to treatment only to  such degree that the wastewater treatment plant effluent cannot meet the requirements of  agencies having jurisdiction over discharge to the receiving waters. 

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 (B) No person shall discharge or allow to be discharged substances, materials, waters or wastes  in concentrations greater than those listed in the Table below:  

PARAMETER ALLOWABLE CONCENTRATION 

Arsenic 0.25 mg/l  

Barium 2.0 mg/l  

Cadmium 0.7 mg/l  

Chromium 2.0 mg/l  

Copper 2.7 mg/l  

Cyanide 0.5 mg/l  

Lead 0.4 mg/l  

Manganses 1.0 mg/l  

Mercury 0.0005 mg/l  

Molybdenum 1.0 mg/l  

Nickel 0.15 mg/l  

Oil 100 mg/l  

pH 6.5 – 8.5 S.U.  

Phenols 0.3 mg/l  

Silver 0.7 mg/l  

 The maximum allowable concentration shall be determined by the following rules:   (1) No monthly average shall exceed the prescribed numerical standard.   (2) No daily composite shall exceed two (2) times the prescribed numerical standard.   (3) No grab sample shall exceed three (3) times the prescribed numerical standard.  

 (4) The monthly average shall be the numerical average of all daily composites taken  during a calendar month. A monthly average must be based on at least three (3) daily  composites.  

 (5) A daily composite shall be the numerical average of all grab samples, or the result of  analysis of a single sample formed by combining all aliquots, taken during a calendar day. A  daily composite must be based on at least (3) grab samples or three (3) aliquots taken at different  times.  

 (6) A grab sample is a sample taken at a single time. Aliquots of a daily composite are  grab samples only if they are analyzed separately.  

 (C) No person shall discharge or allow to be discharged substances, materials, waters or wastes  if the Village Engineer determines that such wastes are harmful to either the sewers, wastewater  treatment process, or equipment of the sewerage works; have an adverse effect on the receiving stream;  or otherwise endanger life, limb, public property, or constitute a nuisance. In making such determination  as to the acceptability of these wastes, the Village Engineer shall give consideration to such factors as  the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction  of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant,  degree of treatability of wastes in the wastewater treatment plant, and maximum limits established by  regulatory agencies. Any such determination may be appealed to the Board of Trustees by any person  affected by such determination. The decision of the Board on such appeal shall be final. 

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SECTION 17-11: DECLARATION OF NUISANCE; REMEDIES 

 (A) If any waters or wastes are discharged or are proposed to be discharged to the public  sewers, which waters contain the substances or possess the characteristics enumerated in this chapter,  which are in violation of the standards for pretreatment set forth in the “General Pretreatment Regulations  for Existing and New Sources of Pollution” published by the Federal Register, Volume 43, Number 129 on  June 26, 1978, or which are in violation of the standards for pretreatment provided in Chapter 1, EPA  Rules and Regulations, subchapter D, Water Programs Part 128 – Pretreatment Standards, Federal  Register Volume 38, No. 215, Thursday, November 8 1973 and any amendment thereto, and which may  have a deleterious effect upon the sewerage works, processes, equipment or receiving waters, or which  otherwise create a hazard to life or constitute a public nuisance, the Village may seek injunctive relief and  otherwise seek penalties as provided in Section 17-18 if this Chapter.  

SECTION 17-12: REQUIRED TREATMENT AND CONTROL FACILITIES 

 (A) Grease, or/and sand interceptors. Grease, oil, sand interceptors shall be provided when they  are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any  flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required  for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by  the Village and shall be located so as to be readily and easily accessible for cleaning and inspection.  

 (B) Preliminary treatment facilities. Where preliminary treatment or flow-equalizing facilities are  provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his  expense.  

 (C) Control manhole. Each industry shall be required to install a control manhole and, when  required by the Village, the owner of any property serviced by a building sewer carrying industrial wastes  shall install a suitable control manhole together with such necessary meters and other appurtenances in  the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole,  when required, shall be accessibly and safely located, and shall be constructed in accordance with plans  approved by the Village. The manhole shall be installed by the owner at his expense, and shall be  maintained by him so as to be safe and accessible at all times.  

SECTION 17-13: TESTS, ANALYSES OF WASTES 

 (A) The owner of any property serviced by a building sewer carrying industrial wastes shall  provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with  this chapter and any special conditions for discharge established by the Village or regulatory agencies  having jurisdiction over the discharge. The number, type, and frequency of laboratory analyses to be  performed by the owner shall be as stipulated by the Village, but no less than once per year the industry  must supply a complete analysis of the constituents of the wastewater discharge to assure that  compliance with the federal, state, and local standards are being met. The owner shall report the results  of measurements and laboratory analyses to the Village at such times and in such manner as prescribed  by the Village. The owner shall bear the expense of all measurements, analyses, and reporting required  by the Village. At such times deemed necessary, the Village reserves the right to take measurements  and samples for analysis by an outside laboratory service. The owner shall bear any and all expenses for  measurement, analysis or other expenses, including attorney’s fees incurred in enforcement of this  Section including, but not limited to any costs incurred for an outside laboratory should the Village choose  to take independent samples. 

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 (B) All measurements, test, and analyses of the characteristics of waters and wastes to which  reference is made in this chapter shall be determined in accordance with the latest edition of “Standard  Methods for the Examination of Water and Wastewater”, published by the American Public Health  Association, and shall be determined at the control manhole provided, or upon suitable samples taken at  said control manhole. In the event that no special manhole has been required, the control manhole shall  be considered to be the nearest downstream manhole in the public sewer to the point at which the  building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect  the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb,  and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls  of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not  always, B.O.D. and suspended solids analyses are obtained from 24-hour composites of all outfalls,  whereas pH’s are determined from periodic grab samples.  

SECTION 17-14: SPECIAL AGREEMNTS 

 No statement contained in this chapter shall be construed as preventing any special agreement  or arrangement between the Village and any industrial concern whereby an industrial waste of unusual  strength or character may be accepted by the Village for treatment, subject to payment therefore, by the  industrial concern, provided such payments are in accordance with federal and state guidelines for user  charge systems and industrial cost recovery systems.  

SECTION 17-15: WASTEWATER SERVICE OUTSIDE VILLAGE LIMITS 

 (A) Existing buildings with private wastewater disposal systems, either separate or part of a  subdivision. 

 (1) Where requested by the property owners, the Village may, in its discretion, permit  connections of existing houses or other structures on a contractual basis. The construction of  house service lines, connections, wastewater collection systems for subdivisions, and extensions  needed to reach the Village’s lines will be at the expense of the individual properties to be served.  Annexation may be required by the Village as a condition of service, dependent upon location of  the property, its need for Village service, and the ability of the Village to provide such service.  Extension approval shall be by the adoption of an ordinance which will approve a utility  agreement with the Village.  

 (2) The utility agreement with the Village shall provide that all construction of service  lines, connections, and wastewater collection systems shall be in accordance with ordinances of  the Village and shall further be subject to all fees and charges provided by ordinance unless the  same shall have been waived by the Village under a prior written agreement with the Village.  

 (B) New buildings, either separate or part of a new subdivision. 

 (1) This section covers sanitary sewer services connections requested for individual  buildings which are constructed after the effective date of this policy or structures which are a part  of a subdivision which is planned subsequent to the adoption of this section. Service may, at the  discretion of the Board of Trustees, be provided on a contractual basis after written request for  service subject to the following conditions:  

 (a) The owner must agree to annex immediately to the Village if the property to  be served is contiguous to the Village limits, or if not contiguous, to annex to the Village  upon becoming contiguous. 

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 (b) The owner must agree to conform to Village building Codes, subdivision  control requirements, and sewer use ordinances in those cases where Village  

requirements are more stringent than those of the county, as a condition of any  

annexation agreement, and shall also agree to pay the normal Village fees and charges  for the enforcement of same.  

 (2) The above requirements shall also be provided for in a contractual agreement and  shall be binding upon future as well as present owners.  

 (C) Connection fees, tap-on charges, service charges, and inspections. Current fee and charge  schedules are provided by in ordinance in Chapter 19 of this Code. The connection fee is intended to  cover the investment which must be made by the water and wastewater utility, or which has previously  been made by the utility, for providing basic supply, treatment, collection, transmission, and/or distribution  needs. The tap-on charge is intended to recover the out-of-pocket expense involved in making the actual  service connections. These charges are subject to review from time to time based on changing costs.  Service charges are the periodic charges currently rendered monthly, which cover operation and  maintenance costs and other capital investment costs not covered by the connection fee, including, but  not limited to, bond financing and reserve fund requirements.  

SECTION 17-16: DAMAGING SEWERAGE WORKS  

 No person shall maliciously, willfully, or negligently break, damage, destroy, or tamper with any  structure, appurtenance, or equipment which is a part of the sewerage works.  

SECTION 17-17: RIGHT OF ENTRY; INSPECTION 

 (1) The SSD and other authorized employees and agents of the Village, bearing proper  identification, shall have the authority to conduct a program of continuing surveillance and of  regular or periodic inspection of actual or potential contaminate sources to the sewers, sewer  waterway or related facilities. In accordance with Constitutional limitations, the SSD and other  authorized employees and agents of the Village shall have authority to enter at all reasonable  times upon any private or public property for the purpose of:  

 (a) Inspecting and investigating to ascertain possible violations of this Chapter or  any Statute or regulation under Federal of Illinois law applicable to sewer discharge,  sewer contamination or release of hazardous materials into the sewer waterway; and  

 (b) In accordance with the provisions of this Chapter or any applicable Federal  or Illinois law applicable to the regulation of sewer discharge, taking whatever  

preventative of corrective action including, but not limited to removal or remedial action  that is necessary or appropriate whenever there is a release or a substantial threat of a  release of a hazardous substance, contaminate or harmful chemical into the sewer  waterway.  

 (2) The SSD and other authorized employees and agents of the Village shall have  authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic,  paper or other industries beyond that point having a direct bearing on the kind and source of  discharge to the sewers or waterway or facilities.  

 (3) In the event that any person denies the SSD or its authorized employees or agents to  access private or public property for the purpose of conducting an inspection under this Section,  the Village of Lena is authorized to seek and obtain an administrative search warrant from either 

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the Seventeenth Judicial Circuit, State of Illinois, Stephenson County or the United District Court  for the Northern District of Illinois, Western Division.  

SECTION 17-18: PENALTY 

 (A) Any person violating any provision of this chapter, unless otherwise provided, shall be subject  to a fine of not less than $250.00 nor more than $500.00 for each offense, and every day that such  violation shall continue shall be deemed a separate and distinct offense.  

 (B) In addition to the penalties set forth in division (A), any person who shall damage any portion  or component of the sewerage works of the Village by violating any provision of this Chapter, or  otherwise, shall be civilly liable to the Village for such damage. 

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