2022-02-22 - Ordinance 2022-031 - AUTHORIZING AN INTERGOVERNMENT AGREEMENT WITH THE COUNTY OF LAKE FOR A SANITARY SEWER AGREEMENT ORDINANCE NO, 202.2-031
AN ORDINANCE AUTHORIZING AN INTERGOVERNIVIENT AGREEMENT WITH
THE COUNTY OF LAKE FOR A SANITARY SEWER AGREEMENT
WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970;
and
WHEREAS, the Village seeks to enter into an intergovernmental agreement with the County of
Lake for the purposes of a Sanitary Sewer Agreement.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,as follows:
SECTION 1.The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
ais if fully set forth herein.
SECTION 2. The Village Manager is authorized to enter into an Intergovernmental Agreement with the
County of(Lake for the purposes of a Sanitary Sewer Agreement,subject to the review and approval of the
Village Attorney.
SECTION 3. If any section, paragraph, clause, or provision of this Ordinance shaill be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and
shall not be codified.
AYES: 6—Stein Ottenheimer,Weidenfeld Johnson Smith Pike
NAPES: 0—None
ABSENT: 0—None
PASSED: February 22,2022
APPROVED: February 22, 2022
APPROVED:
al A
Beverly Suss ,VilIage President
ATTEST:
Janet P S ralaiar,;"J,IU g Clerk
Lake County I1111nols
Text File
File Number: 22-0450
Agenda Date„ Version: 1 Status:Passed
In Control: Public Works, Planning&Transportation Committee File Type: resolution
Agenda Number:68
Title
Joint resolution authorizing the execution of an Intergovernmental Agreement (IGA)
for Sewage Disposal between Lake County and the Village of Buffalo Grove.
Staff Summary
• The County and the Village have previously entered into an Agreement for Sewage
Disposal, dated July 18, 1972, which expired on April 18, 2012.
• The Village desires to enter into a new agreement to secure a long-term source for
Sewage Treatment services and the County owns and operates a system of
interceptor sanitary sewers and a wastewater treatment facility to transport and
treat sewage at the County's Southeast Plant.
• The Village currently owns, operates, and contains the Municipal Sewage
Collection System, that is tributary to the County Southeast Sewerage System.
• The Village shall be permitted to extend, enlarge, or otherwise modify or improve
its Sewage Collection System in any manner that it determines is necessary and
appropriate to serve its Customers within its Service Area; provided that any such
extension, enlargement, modification, or improvement shall be undertaken in
accordance with the terms of the IGA.
• The Village of Buffalo Grove approved the IGA on February 22, 2022.
• This resolution authorizes the execution of IGA between the County and the Village
of Buffalo Grove.
• In accordance with County Board Rules, the State's Attorney's Office has reviewed
this Intergovernmental Agreement prior to action by the County Board.
Body
RESOLUTION
WHEREAS, the County of Lake (County) owns and operates a system of interceptor
sanitary sewers and a wastewater treatment facility to transport and treat sewage at
the County's Southeast Plant; and
WHEREAS, the Village of Buffalo Grove (Village) owns, operates, and maintains the
Municipal Sewage Collection System, that is tributary to the County's Southeast
Sewerage System; and
WHEREAS, the County and the Village desire to enter into Intergovernmental
Agreement for Wholesale Sewage Disposal; and
Lake County Illinois Page 1 Printed on 412612022
File Number:22-0450
WHEREAS, the appropriate Intergovernmental Agreement to authorize transport and
treat sewage at the County's Southeast Plant has been prepared, and ratified by the
Village of Buffalo Grove; and
WHEREAS, the execution of this Intergovernmental Agreement must be authorized
by Resolution of this County Board; and
NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County,
Illinois, that the Chair of the County Board and the Clerk of said County be and they
are hereby authorized and directed to execute the attached Intergovernmental
Agreement for Wholesale Sewage Disposal, in the form substantially herein.
DATED at WAUKEGAN, LAKE COUNTY, ILLINOIS, on this 12th day of April, A.D.,
2022.
Lake County Illinois Page 2 Printed on 4/26/2022
5113121
AGREEMENT FOR SEWAGE DISPOSAL
Entered Into By and Between
The County of Lake, Illinois
and
the Village of Buffalo Grove, Illinois
As of
5113121
AGREEMENT FOR SEWAGE DISPOSAL
THIS AGREEMENT made and executed this 12' day of 2022-,
between the VILLAGE OF BUFFALO GROVE, a municipal corporation located in Cook and
Lake Counties, Illinois, hereinafter referred to as the "Municipality', and the COUNTY OF
LAKE, Illinois, hereinafter referred to as the "County,"
RECITALS:
1. The public health, welfare, and safety of the residents of the Municipality and the
residents of the County require the development of coordinated and adequate systems and
methods-for-the-collection-and-treatment of-sewage-so-as-to-eliminate-pollLrtion-of-lakes-and
streams.
2. The County has established a Department of Public Works pursuant to an Act of
the General Assembly of the State of Illinois entitled "An Act in Relation to Water Supply,
Drainage, Sewage, Pollution, and Flood Control in Certain Counties", as amended, for the
purpose of performing the function of sewage disposal and has prepared a comprehensive plan
for the disposal of sewage from areas of the County, including portions of the Southeast Lake
Facilities Planning Area established pursuant to the Illinois Water Quality Management Plan,
and has prepared plans and programs for providing such service and the related facilities.
3. Pursuant to such plans and programs, the County owns and operates a system
of interceptor sanitary sewers and wastewater treatment facilities to transport and treat sewage
in limited portions of the Southeast Lake Facilities Planning Area.
4. The Municipality owns and operates a sanitary sewer system used for the
collection and transportation of sanitary sewage.
5. The County and the Municipality have previously entered into an Agreement for
Sewage Disposal, dated July 18, 1972 (the "Prior Sewage Agreement'), which expired on April
18, 2012.
6. In accordance with the Prior Sewage Agreement, the Municipality's sewer
system is already delivering sewage from Municipality customers to the County's interceptor for
the Southeast Regional Area.
7. In order to ensure the ability to develop long-range plans for providing sewerage
services for future development and redevelopment of its territory, the Municipality desires to
enter into a new agreement to secure a long-term source for Sewage Treatment services. The
County Southeast Plant is the most effective source for such Sewage Treatment services.
8. In order to establish the terms and conditions under which Sewage Treatment
services will be provided through the County Southeast Plant, the County and the Municipality
desire to enter this agreement for sewage disposal that will permit the Municipality, subject to
specified terms, conditions, exceptions, and limitations, to deliver sewage to the County's
sanitary sewer system in the Southeast Regional Area for Treatment services via the County
Southeast Plant.
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9. In as much as the Village of Buffalo Grove is located in both Lake County and
Cook County, this agreement pertains only to the Lake County portion of the Village of Buffalo
Grove.
AGREEMENT,
In consideration of the mutual covenants and agreements contained herein, the County
and the Municipality do hereby agree as follows:
ARTICLE I
RECITALS
The foregoing recitals are, by this reference, fully incorporated into and made a part of
this Agreement.
ARTICLE II
DEFINITIONS
2.1 Blochernical O en Demand B.O.D. .
The quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory test procedures in five days at 20°C.
2.2 Collection.
The receipt of Sewage directly from the service connection of an individual
Customer and the delivery of such Sewage to the County Southeast Interceptors or to any other
provider of Transport or Treatment services.
2.3 Corn reh n ive Plan.
The Regional Wastewater Plan of the County of Lake approved by resolution of
the County dated December 17, 1968, and amended from time-to-time thereafter.
2.4 Connection Charges.
The charges from time-to-time imposed by the County on Customers newly
connecting to the County Southeast Sewerage System as a condition of such connections.
2.5 Count e ,Sewer Ordinances.
An ordinance entitled "An Ordinance Regulating the Use of Public and Private
Sewer and Drains, Private Sewage Disposal, the Installation and Connection of Building
Sewers, and the Discharge of Waters and Wastes into the Public Sewer Systems of the County
of Lake in the State of Illinois," originally enacted by the County on and dated February 9, 1988
(which ordinance, as amended, is currently codified in Title V of the Lake County IL Code of
Ordinances), together with all such amendments thereto as have been or may be enacted from
time-to-time.
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2.6 Count Southeast Inte ce tors.
The system of Sanitary Sewer interceptors, and related facilities, together with
such extensions of, and additions to, such system of interceptors and facilities, all as are or may
be owned and operated by the County, that are tributary to the County Southeast Plant and
receive Sewage from the Municipal Sewage Collection System and other Collection facilities in
the Southeast Regional Area.
2.7 Countv Southeast Plant.
The treatment plant, commonly known as the Des Plaines River Water
Reclamation Facility that is owned and/or operated by the County, together with any associated
facilities and additions to or extensions of such plant or of such facilities.
2.8 Court].t Southeast Sewerage S stern.
The County Southeast Interceptors, County Southeast Plant, and all other
Sanitary Sewers, lift stations, connection facilities, and related facilities, as well as associated
land, easements, and rights-of-way, that the County, from time-to-time, owns or operates for the
purpose of, or related to, Collecting, Transporting and Treating Sewage within the Southeast
Regional Area.
2.9 Customer,.
Any dwelling, business, office, industrial, institutional, or other building, facility, or
entity located in the Municipal Service Area and within the Lake County corporate limits of the
Municipality that discharges Sewage, either directly or indirectly, into the County Southeast
Sewerage System.
2.10 Effective Date.
The date on which this Agreement shall become effective pursuant to Subsection
11.8 of this Agreement.
2.11 Force Ml !jeure.
Orders of the United States, State of Illinois, or other civil or military authority,
changes in applicable law, strikes, lock-outs, acts of God, inability to obtain labor or materials,
enemy action, civil commotion, fire, unavoidable casualty, or other similar events or
circumstances.
2.12 Industrial Waste.
Liquid and water-carried waste discharged by any non-residential Customer.
2.13 Inflow/Infiltration.
A. Inflow: Water other than wastewater that enters a sewerage system from
sources such as roof leaders, drains, manhole covers, cross connections between storm and
sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters,
or drainage.
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B. Infiltration: Water other than wastewater that enters a sewerage system
from the ground through such means as defective pipes, pipe joints, connections, or manholes.
C. Excessive Inflow/Infiltration: Any flow greater than 2.5 times the design
average flow of the County Southeast Plant, or such greater multiple of the design average flow
that may be authorized from time-to-time in the NPDES permit for the County Southeast Plant.
2.14 Meter.
Any device used to measure flow,
2.15 Municipal Service Area.
Those areas within the Southeast Regional Area that are located within both: (a)
the Lake County corporate limits of the Municipality, and (b) the area depicted on Exhibit A to
this Agreement;
2.16 Munici al Sewa qe Collection Systam,
All Sanitary Sewers, lift stations, connection facilities, and related facilities, as
well as associated lands, easements, and rights-of-way, whether located within or without the
Municipal Service Area, presently existing or to be constructed in the future, that are owned,
operated, or maintained by the Municipality and are necessary to Collect Sewage from individual
Customers located within the Municipal Service Area and to deliver such Sewage to the County
Southeast Interceptors in accordance with the County Sewer Ordinances, all other applicable
laws, ordinances, and regulations, and sound engineering practices, except as otherwise
expressly provided in this Agreement.
2.17 Pop Ition E uivalent P.E.
The calculated population that would normally produce 100 gallons of Sanitary
Sewage per day containing 0.17 pounds of B.O.D. and 0.20 pounds of total Suspended Solids.
The P.E. for a discharger of Industrial Waste shall be based on the highest of the flow, B.O.D.,
and Total Suspended Solids.
2.18 Pretreated SewMe.
Sanitary Sewage or Industrial Waste that has been subjected to Pretreatment.
2.19 Pretreatment.
The process, or any portion of the process, of changing the physical, chemical, or
biological character of Sanitary Sewage or Industrial Waste so as to meet the pretreatment
standards promulgated under Section 307(b) and 307(c) of the Federal Clean Water Act, or any
amendment thereto, as well as any pretreatment standards heretofore or hereafter established
by State law, or the County Sewer Ordinances.
2.20 Pro erl Slredced' Garba e.
Garbage that has been shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2
inch in any dimension.
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2.21 Residential Customer E uivalent R.C.IE. ,
A unit of measurement that may be used for purposes of imposing Connection Charges
or assessing Sewer User Fees on Customers that shall equal either:
A. The sanitary sewage flow from a single dwelling unit of any type; or
B. For non-residential Customers, which for calculation purposes is 2.5 P.E.
2.22 Sanitar Sewa e.
Liquid and water-carried waste and Properly Shredded Garbage discharged from
the plumbing fixtures of dwellings and other buildings, but not including Industrial Waste.
2.23 SanitaMt Suer.
Any sewer that carries Sewage.
2.24 Sanita Sewer Service.
The Transport and Treatment of Sewage, or any combination of one or more of
such activities.
2.25 Sewage.
Sanitary Sewage, Industrial Waste, and Pretreated Sewage, together with such
Inflow/Infiltration as may be permitted pursuant to the County Sewer Ordinances.
2.26 Sewer Use Coefficients.
A unit of measurement used to establish the anticipated Sewage to be generated
from a particular Customer. For purposes of this Agreement, the Sewer User Coefficients shall
initially be those set forth in Exhibit E to this Agreement, which Sewer User Coefficients may
subsequently be amended pursuant to the County Sewer Ordinances, provided that such
amended Sewer User Coefficients are generally applicable throughout the Southeast Regional
Area.
2.27 Sewer User Fee.
The standard rate charged by the County for Collection, Transport, and
Treatment of Sewage of a specified volume, strength, and composition.
2.28 SoutheasiLRegigqnal Area.
The Southeast Lake Facilities Planning Area as established in the Illinois Water
Quality Management Plan, as such plan may be amended from time-to-time as shown on
Exhibit G of this Agreement.
2.29 Susended Solids.
Nonfilterable solids that either float on the surface of, or are in suspension in,
Sewage or other liquids.
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2.30 Tr nsp.
The conveyance of Sewage from the point or points of discharge of the Municipal
Sewage Collection System to the County Southeast Plant or to any other provider of Treatment
service.
2.31 Treatment.
The process, or any portion of the process, of changing the physical, chemical, or
biological character or composition of Sanitary Sewage or Industrial Waste not requiring
Pretreatment under the standards of the County Sewer Ordinances or the Federal Clean Water
Act, or of Pretreated Sewage, so as to meet regulatory requirements.
2.32 Wholesale Advisor Cgrnmitt e.
- A-ff a�dvfWT tidy—=blisl-ed—fog the ,purposes of-communication an
coordination on matters of mutual concern regarding sanitary sewerage service, including input
on operational and cost effectiveness matters relating to local systems, transport, and treatment
activities, throughout the Southeast Regional Area. The Wholesale Advisory Committee shall
be comprised of one representative from each of the Municipality, the County, and each
additional municipality, sanitary district, and public utility company that (i) owns local sewers that
are located within the Southeast Regional Area; (ii) is served by the Southeast Plant; and (iii) is
a party to a current contract for such service with the County (together, the "Wholesalers").
Representatives (as well as any alternative representatives) of the Wholesale Advisory
Committee are to be approved by resolution of the respective corporate authorities of the
Municipality, the County, or a Wholesaler, as the case may be.
ARTICLE III
SANITARY SEWER SERVICE
3.1 Count'if Obli ati m.
The County shall, subject to the conditions precedent and limitations set forth in
Article V of this Agreement, and to the other terms and conditions of this Agreement, use its best
efforts to operate and maintain the County Southeast Sewerage System in accordance with its
customary practices and sound engineering practices so as to continue to provide Sanitary
Sewer Service to Customers within the Municipal Service Area that have connected to the
County Southeast Sewerage System. Use of the County Southeast Sewerage System shall be
governed by the County Sewer Ordinances and this Agreement.
3.2 Munici alObli ations.
Except as provided in Section 3.3 of this Agreement, the Municipality shall not, at
any time during the term of this Agreement, (i) offer, authorize, or permit any Sanitary Sewer
Service within the Municipal Service Area other than such Service as is delivered by the County
by and through the County Southeast Sewerage System; (ii) construct, or cause, permit, or
consent to the construction of, any Sanitary Sewers or Treatment facilities (other than the County
Southeast Sewerage System and the Municipal Sewage Collection System) within the Municipal
Service Area; or (iii) deliver Sewage from properties within the Municipal Service Area to any
Transport or Treatment facility other than the County Southeast Sewerage System (either
directly or through tributary lines) without, in each such case, the prior written consent of the
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County,
3.3 Alternative Sanitar Sewer Ser%jc s.
A. Lijjtjpd kit to Use Other Facilities.
1. city to Serve. If, at any time after the Effective Date of this
Agreement, the County is unable to provide Sanitary Sewer Service as
required by this Agreement for all Sewage from the Municipal Service Area
either directly or through tributary lines, the Municipality may, upon proper
notice as provided in Subsection A.2 of this Section 3.3, and without the
consent of the County, make alternate arrangements for Sanitary Sewer
Service with respect to such Sewage that the County is unable to
Transport or Treat. By pursuing alternative arrangements under this
Section 3.3.A.1, the Municipality shall not be authorized to reduce the
' - - --- - volume-of-Sewage-Collected-from-the-Municipal-Service=Area-that-has
been and can continue to be served by the County Southeast Sewerage
System. For the purpose of this Section:
a. the County's ability to provide Sanitary Sewer Service shall be
without regard to any expansion of the County Southeast
Sewerage System for which the Municipality would be responsible
for payment as described in Section 3.3.B, and a request for such
an expansion shall not be a condition precedent to exercising the
relief herein described; and
b. the County's inability to provide Sanitary Sewer Service shall
include:
i. a lack of capacity in, constraints upon service capabilities
of, or existing commitments to capacity within the County
Southeast Sewerage System or any portion thereof needed
or useful to provide Sanitary Sewer Service for the
Municipal Service Area; or
ii. conditions that would cause or require the County to
expand or modify the County Southeast Sewerage System
or any portion thereof, or otherwise expend funds or commit
resources in order to provide the requested Sanitary
Sewerage Service.
2. l t�jio�ed mlLotNc . Any notice required pursuant to Subsection 3.3.A.1 of
this Agreement shall be in writing and shall be delivered to the County not
less than 90 days before the Municipality enters into any agreement or
other arrangement for any Sanitary Sewer Service with respect to Sewage
from the Municipality by any provider of Sanitary Sewer Service other than
the County. Such notice shall specify (a) the additional amount of Sewage
for which the Municipality requires additional capacity and that the
Municipality intends to deliver to any other service provider, (b) the time
within which such additional Sanitary Sewer Service capacity is required,
and (c) the basis for the Municipality's conclusion that the County cannot
or will not provide Sanitary Sewer Service with respect to such Sewage.
If, within 90 days after such notice is delivered to the County, the County
agrees in writing to provide the required Sanitary Sewer Service, the
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Municipality shall be required to take such Service from the County
pursuant to this Agreement rather than from any other service provider.
Otherwise, the Municipality shall have no obligation to deliver such
additional amounts of Sewage (as set forth in the notice) to the County
Southeast Sewerage System at any time thereafter.
B. Municipality_B e ae t gr ..(- anjUgn of Cqa Ln y mouth s � vu ra e
System. The parties acknowledge and agree that the County has the right, but not the
obligation, to expand the County Southeast Sewerage System. Nevertheless, if, (i) as a result of
the lack of capacity in any portion of the County Southeast Sewerage System needed to
Transport Sewage from the Municipal Service Area, the County is unable to provide Sanitary
Sewer Service for all Sewage from the Municipal Service Area, and (ii) the County has not
otherwise elected to expand the County Southeast Sewerage System to address such lack of
capacity, then (iii) the Municipality may request the County for a proposal to design, install, and
construct such improvements to the County Southeast Sewerage System that will address such
-lack-of-capacity if-the County-elects-to-providL--sach--proposal,--arrd-tyre-Murficipality-arfd-the
County agree in writing to the terms of implementing such proposal, then (iv) the County shall be
required to design, install, and construct such improvements in the manner set forth in the
proposal and the agreement of the parties, and (v) the County agrees to reserve capacity in the
County Southeast Sewerage System for the Municipality to the extent set forth in the agreement
of the parties.
C. 5,gp tgr . Notwithstanding any provisions in this Agreement to the
contrary, residential septic systems serving only one detached single family dwelling on a lot of
at least 40,000 square feet in area and any other septic systems that may from time to time
receive written approval from the County shall not be considered to be Treatment facilities for
purposes of this Section. In addition, any existing septic systems serving nonresidential
structures or residential structures for which certificates of occupancy have been issued prior to
the date of this Agreement shall not be considered a Treatment facility for purposes of this
Section; provided, however, that such existing septic systems (other than those serving only one
detached single family dwelling on a lot greater than 40,000 square feet in area) shall not be
replaced or repaired in a manner requiring a permit from the Lake County Board of Health unless
such permit is issued in full compliance with the requirements of the County, including the
regulations of the Lake County Health Department. In addition, the County shall not have an
obligation to Transport Sewage to the County Southeast Plant if treated by any type of on-site
treatment system for which required permits have been issued and maintained (including without
limitation land treatment systems).
3.4 Other A regiments and Laws.
Nothing in this Agreement shall be construed or interpreted as a waiver by the County of
its rights under any other preexisting agreement, or renewal thereof, to which the County is a
party or beneficiary or under state or federal law governing the County's right to provide
exclusive Sanitary Sewer Service within any portion of the County, including the Municipal
Service Area.
ARTICLE IV
MUNICIPAL SEWAGE COLLECTION SYSTEM
4.1 Ac know led iernenf f Existin MunicipajSexyaqtColleqtioiiSvstem.
The parties acknowledge that the Municipality currently owns, operates, and maintains
the Municipal Sewage Collection System, %which system is tributary to the County Southeast
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Sewerage System. The Municipality shall be permitted to continue to Collect Sewage from
Customers within the Municipal Service Area and to deliver such Sewage to the County
Southeast Sewerage System, subject to and in accordance with the County Sewer Ordinances
and the terms of this Agreement.
4.2 Extensions to Munici al Sewa a :olleotion S sfern,.
A. Permitted Extensions and mmEnlargmements. The Municipality shall be
permitted to extend, enlarge, or otherwise modify or improve the Municipal Sewage Collection
System in any manner that the Municipality determines is necessary and appropriate in order to
serve Customers within the Municipal Service Area; provided that any such extension,
enlargement, modification, or improvement shall be undertaken in accordance with the terms of
this Agreement. Such permitted extensions and enlargements to serve Customers within the
Municipal Service Area shall not require any further approvals of the County Board.
B. - Stanylards—forrE ten ions or Enl ements; I—n -the event that—the
Municipality elects to extend, enlarge, or otherwise modify or improve the Municipal Sewage
Collection System, either directly or by owners, subdividers, or developers of any lot, tract, or
parcel within the Municipal Service Area in connection with the development of any such lot,
tract, or parcel, the Municipality shall require any such extension, enlargement, modification, or
improvement, to be designed, constructed, and installed in accordance with this Agreement, the
County Sewer Ordinances, all other requirements of law, and sound engineering practices. In
fulfilling its responsibilities hereunder, the Municipality shall, at a minimum, undertake or cause
to be undertaken, at no cost to the County, the following:
1. Obtain engineering services, from a firm experienced in the design of
public sewerage systems, for the design, plans and specifications, and
construction of any portion of the Municipal Sewage Collection System;
2. Obtain all easements, rights-of-way, licenses, and other property rights
that are necessary or convenient to construct, install, operate, and
maintain any portion of the Municipal Sewage Collection System, including
the preparation of appropriate surveys, agreements, and other relevant
documents;
3. Enter into contracts with firms experienced in the construction and
installation of public sewerage systems;
4„ Secure all permits, approvals, and authorizations that may be necessary
or appropriate to construct, install, and operate the portion of the Municipal
Sewage Collection System; and
5. In cases where the County is required to execute a permit application to
the Illinois Environmental Protection Agency ("IEPA"), submit to the
County, for the County's review and approval, all preliminary and final
engineering plans and specifications and all permit applications for such
new portions of the Municipal Sewage Collection System.
Further, the Municipality shall permit the County to conduct such reviews and inspections of the
work required to be performed pursuant to this Subsection 4.2.B.
C. County Obl atNons. Subject to the conditions and limitations set forth in
Article V of this Agreement and to the other terms and conditions of this Agreement, and subject
further to all customary County fees and charges being paid, the County shall have the following Q
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obligations with respect to any extension, enlargement, modification, or improvement of the
Municipal Sewage Collection System:
1, The obligation to approve, when completed in accordance with this
Agreement, the County Sewer Ordinances, all other requirements of law,
and sound engineering practices, all designs, all plans, and specifications
required to be prepared or supplied pursuant to this Section 4.2; and
Z The obligation to execute, when completed in accordance with this
Agreement, the County Sewer Ordinances, all other requirements of law,
and sound engineering practices, all permit applications required to be
filed pursuant to this Section 4.2, but only when the signature of the
County is required by the permitting agency.
3. The County shall complete its obligation under this Section within thirty
-- - -(30)-days-a er-sub ission-in-full-tom the- ounty.
D. 2�p asigD_I-Imit tion . Notwithstanding anything in this Article IV to the
contrary, expansions of the Municipal Service Area shall be governed by the following additional
terms:
1. IInOmer 1. The Municipality shall not expand the Municipal Service Area
without the express written consent of the County. Except as otherwise
provided in this Section 4.2.D, in assessing whether to consent to any
such expansion, the County shall apply the standards set forth in its
"Considerations and Principles Relating To Intergovernmental Agreements
For Sewer and Amendments To Existing Agreements," a copy of which is
attached hereto as Exhibit B (the "Amendment Criteria"). The County
reserves the right to require either a new and separate service agreement
or an amendment to this Agreement to memorialize an expansion of the
Municipal Service Area.
2. Conditions of Service to Cer.jain t fop li s. The County acknowledges
that the Municipality has identified certain parcels depicted on Exhibit C
attached hereto that the Municipality intends to annex and thereafter seek
Sanitary Sewer Service from the County (the "Conditional Expansion
Areas"). The County further acknowledges and agrees that, to the extent
that the Municipality annexes any parcels within the Conditional
Expansion Areas and restricts such parcels to development that is
consistent with bulk and density parameters and use designations set
forth in Exhibit C-1 attached hereto (the "Expansion Parameters"), the
County will enter into an amendment to this Agreement to expand the
Municipal Service Area without regard to the Amendment Criteria. The
County's Director of Public Works shall be authorized on behalf of the
County to enter into any such amendment to this Agreement pursuant to
this Subsection 4.D.2, so long as such amendment shall include:
a. Requirements for the extension, expansion, improvement,
enlargement, or other modification to the County Southeast
Sewerage System that the County's Director of Public Works
determines to be necessary, appropriate, or convenient to serve
the Conditional Expansion Area in question;
b. Provisions for the payment by or on behalf of the Municipality of all
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costs associated with the requirements set forth in the amendment
in accordance with Subsection 4.D.2.a of this Agreement;
provided, however, that for any extension, expansion,
improvement, enlargement, or other modification to the County
Southeast Sewerage System that will have substantial benefit to
properties other than the Conditional Expansion Area in question,
the payment shall be subject to recapture or limited to the
proportionate benefit of the Conditional Expansion Area in
question; and
C. With respect to any residential development within a Conditional
Expansion Area, provisions for the payment of school impact fees
(or equivalent land donations) in an amount no less than the
amounts due under the then-current County school impact fee
formula. In particular, such amendment shall set forth terms for:
(i) the Municipality's demonstration of compliance with this
Subsection 4.2.D.2.c with respect to the requirement for
payment of school impact fees and the timing therefor, and
(ii) the Municipality's certification of receipt of payment of the
required school impact fees.
(iii) Nothing in this Agreement shall compel the Village to
collect or remit any school impact fee where no impact
exists.
To the extent that the County has more than one school impact fee
formula, the formula that yields the lowest impact fee shall be the
applicable measure of compliance with this Subsection 4.2.D.2.c.
Any amendment to this Agreement relating to a Conditional Expansion
Area shall be approved by the corporate authorities of the Municipality.
& Cook County Territory_of„ Mynic g)'!y. In the event that the Municipality
desires to deliver any or all of the Sewage from portions of the Municipality
located within Cook County, Illinois (the "Cook County Area"), the
Municipality shall present a written request to the County to serve the
Cook County Area (or a portion thereof)(the "Transfer Area") along with
an engineering study identifying the Sewage flows from the Transfer Area,
the capacity of the County Southeast Sewerage System to serve the
Transfer Area, the impacts of transferring the Transfer Area on the
sanitary sewerage facilities of the Metropolitan Water Reclamation District
of Grater Chicago, the improvements required to transfer the Transfer
Area to the County Southeast Sewerage System along with an engineer's
estimate of probable costs relating thereto, and such other information
relating to the service impacts of the transfer of the Transfer Area as the
County may reasonably request (the "Transfer Study'). Upon receipt of
the Transfer Study, the County agrees to respond to the Municipality's
request within 180 days. In the event that that County is willing to provide
Sanitary Sewer Service to a Transfer Area, the Municipality and the
County shall enter into an amendment to this Agreement or a separate
agreement setting forth the terms of such transfer.
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4. Terms of , n �c� .pro N. In any new agreement or amendment to
this Agreement relating to an expansion of the Municipal Service Area, the
County may include reasonable conditions to such expansion of the
Municipal Service Area to ensure that such expansion does not impair (a)
any contractual obligations of the County, or (b) the functionality or cost-
effectiveness of the County Southeast Sewerage System or any portion
thereof. To the extent that an expansion of the Municipal Service Area
warrants improvements to the County Southeast Sewerage System or a
portion thereof, such new agreement or amendment to this Agreement
shall include terms to address financial responsibility and payment matters
relating to such improvements.
ARTICLE V
CONDITIONS AND LIMITATIONS
5.1 Conditioner Be and nt "s Control.
The County shall not be responsible for any failure to perform the undertakings,
obligations, and commitments assumed by it pursuant to this Agreement caused by a Force
Majeure.
5.2 Conditions Precedent to Count Service.
Notwithstanding any other provision of this Agreement, the right of any Customer
located within the Municipal Service Area to receive Sanitary Sewer Service from the County
pursuant to this Agreement, and the County's obligation to provide Sanitary Sewer Services to
any such Customer, shall be subject to all of the following conditions precedent having first been
satisfied:
A. Receipt by the County of all necessary governmental approvals to operate all of
the components of the County Southeast Sewerage System as may be necessary
to provide Sanitary Sewer Service to such Customer pursuant to this Agreement;
B. Connection of the Customer to the Municipal Sewage Collection System in
accordance with this Agreement;
C. (i) The ability of the County to provide Sanitary Sewer Service as required by this
Agreement without violating any applicable laws or regulations, (ii) the ability of
the County Southeast Plant to accept Sewage that the Municipality delivers to the
County Southeast Sewerage System from the Municipal Service Area for
treatment and disposal in compliance with all applicable laws and regulations, and
(iii) the legal right of the County to deliver said Sewage to said plant for such
purposes;
D. Payment of required Connection Charges to the County; and
E. All other applicable provisions of this Agreement.
5.3 Limitations on Count Service.
Notwithstanding any other provision of this Agreement, the right of the
Municipality or any Customer located within the Municipal Service Area to receive Sanitary
Sewer Service from the County, and the County's obligation to provide Sanitary Sewer Service
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within the Municipal Service Area, shall be subject to the following limitations:
A. No new points of connection between the Municipal Sewage Collection System
and the County Southeast Interceptors shall be permitted unless authorized in
writing by the County Director of Public Works, in which case the precise number,
size, and location of such new connections shall be determined by the County,
after consultation with the Municipality and consideration of the Comprehensive
Plan and the County Sewer Ordinances, in accordance with sound engineering
practices.
B. The Sanitary Sewer Service to be provided by the County pursuant to this
Agreement shall be on a first come-first serve basis and within the limits of
available capacity. The County acknowledges that the County Southeast Plant
currently has sufficient capacity to serve the Conditional Expansion Areas.
C. - - -The-Sanitary SewerService-to-be-provided-by-thL—County-pursuant-to--this
Agreement shall be subject to the County Sewer Ordinances and all other
applicable laws, ordinances, rules, and regulations (including without limitation
those relating to Pretreatment and the management of fats, oils, and grease as
more fully detailed in Sections 5.4 and 5.5 of this Agreement). Except as
otherwise required by federal or state law, no amendment to the County Sewer
Ordinances shall be enforced against the Municipality until 90 days after the
County shall have given the Municipality written notice of such amendment. The
Municipality shall be given notice by the County Director of Public Works of any
proposed amendment to the County Sewer Ordinances prior to the adoption of
such amendments in order to permit the Municipality to review and comment:
provided that any failure to give notice shall not affect the applicability of such
amendments to the County Sewer Ordinances, but such amendments shall not
take effect with respect to the Municipality until 90 days after the delivery of notice
by the County of the effective date of the amendment. In addition, the maximum
Infiltration rate for new Sewers constructed within the Municipal Sewage
Collection System shall conform to (i) the rules and regulations of the Illinois
Environmental Protection Agency, (ii) the standards and requirements of the
County's capacity, management, operations and maintenance program ("CMOM")
as set forth in the County Sewer Ordinances (the current version being codified at
Lake County Code § 53.07), and (iii) the provisions of this Agreement.
D. The Sanitary Sewer Service to be provided by the County pursuant to this
Agreement shall be subject to all other terms and conditions of this Agreement.
5.4 Pretreatment.
A. Cou,ntv Pretreatment Pro rnn. The County shall provide, manage, and operate a
Pretreatment program for the control of Sanitary Sewage and Industrial Waste from the
Southeast Regional Area to assure that all Sewage delivered to the County Southeast Plant
from the Municipal Sewage Collection System and the County Southeast Sewerage System
satisfies the Pretreatment standards, the requirements of the County Sewer Ordinances, and all
other applicable federal, state, and local laws and regulations, and the provisions of this
Agreement. (The Pretreatment standards of the County Sewer Ordinances are currently
codified in Chapter 54 of the lake County Code.)
B. Municipalay Cooperption. The Municipality shall reasonably cooperate with the County
in the establishment and enforcement of a Pretreatment program serving the Municipal Sewage
Collection System and its Customers. Such cooperation shall include without limitation the
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adoption of most recent pretreatment ordinances approved by the County Board and authorizing
the County and its agents, representatives, and inspectors to have access to Customer's
properties as may be necessary from time-to-time for the purpose of enforcing the ordinances
aforesaid, including without limitation ordinances authorizing the County to bring suit to collect
all charges, or to terminate sewer and/or water services as may be necessary for the purpose of
enforcement and for the purpose of protecting and preserving the environment.
C. Countv Pretreatment Costs. The County shall bear all the costs (payable from Sewer
User Fees and any special Pretreatment surcharges as may be established from time-to-time)
incurred for the proper management and operation of the Pretreatment program for the
Southeast Regional Area without reimbursement from the Municipality.
D.pretreatment Charges. For all Customers of the Municipality that are identified as
being subject to the Pretreatment program, the County may impose Pretreatment surcharges as
well as fines and penalties for violations of Pretreatment standards, and each such Customer
stall be solely respohsiblo for the payment of invoices for any such surcharges, fines, and
penalties relating to the Pretreatment program. The Pretreatment surcharges for Customers of
the Municipality shall be comparable to similar surcharges imposed upon County Customers.
5.5 Fats Oils and t3�`ease Re utations.
The County shall provide, manage, and operate a fats, oils, and grease program (the
"FOG Program") to ensure compliance with the minimum standards set forth in the County
Sewer Ordinances (the current version being codified at Lake County Code § 53.09) (the "Fats,
Oils, and Grease Rules"). The purpose of the FOG Program is to ensure that any food
processing, food sales, or food service establishment or user, that is connected to, or applying
to connect to, the County Southeast Sewerage System (whether directly or indirectly) will
comply with the Fats, Oils, and Grease Rules. The Municipality shall reasonably cooperate with
the County in the enforcement of the FOG Program serving the Municipal Sewage Collection
System and its Customers. Such cooperation shall include, without limitation, the following:
A. The development and implementation by the Municipality of its own FOG
program in conformity with the Fats, Oils, and Grease Rules (which program can
be modeled after the County's FOG program), as well as the compilation of the
action(s) taken pursuant to such Municipality program as part of the Municipality's
annual CMOM report;
B. The adoption of ordinances or associated agreements authorizing the County
and its agents, representatives, and inspectors to have access to Customer's
properties as may be necessary from time-to-time for the purpose of enforcing
the FOG Program, and
C, The adoption of ordinances or associated agreements authorizing the County to
bring suit to collect all charges, to terminate Sanitary Sewer Service, cause the
termination of water services, or any combination of the foregoing, as may be
necessary for the purpose of enforcement of the FOG Program.
ARTICLE VI
CHARGES AND FEES
6.1 tunici al Pa meat of COUnty Sewer User Fees and Connection Char es.
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A. The Municipality shall be obligated to pay Connection Charges to the County
relating to new Customers connecting to the County Southeast Sewerage System for Sanitary
Sewer Service within the Municipal Service Area as provided for in this Article VI. The
Municipality shall deliver payment of the Connection Charges within thirty (30) days after such
connection is authorized or effected (whichever first occurs).
B. The Municipality shall be obligated to pay Sewer User Fees to the County for
Sanitary Sewer Service billed to Customers within the Municipal Service Area and connected to
the County Southeast Sewerage System as provided for in this Article VI. The Municipality shall
pay all such Sewer User Fees to the County within thirty (30) days after the due date of its
periodic Customer service billing.
C. If the Municipality fails to make timely payment in full of charges due to the
County pursuant to Section 6.1.A or 6.1.B above, daily interest charges for late payments to the
County shall be assessed against the Municipality at a rate of nine percent (9%) per annum. A
Surnmary statement of Customers and amounts Filled small accompany each payment. A
complete statement of accounts and billing records shall be made available to the County upon
request. In addition, the County shall have access to the Municipality's records relating to the
Municipal Sewage Collection System.
D. The Municipality assumes the responsibility to collect, and irrespective of
collection, shall be responsible for payment to the County of, all Connection Charges and Sewer
User Fees as provided for in this Agreement.
6.2 Connection Charges.
The Municipality shall collect from every Customer located within the Municipal Service
Area hereafter connecting to the County Southeast Sewerage System (either directly or
indirectly) a Connection Charge at the same rate as the County from time-to-time charges for
similar Sanitary Sewer Services provided by the County through similar facilities of the County
Southeast Sewerage System. The County shall be solely responsible for setting such
Connection Charges, subject to the adjustment provisions in Section 6.7 of this Agreement.
6.3 Basis for Determinin Connection Char es.
A. Connection Charges shall be assessed against each Customer based on the
Sewer Use Coefficients. The Connection Charge for any Customer for whose use a Sewer Use
Coefficient has not been established shall be determined as provided in Section 6.3.13 of this
Agreement.
B. As of the Effective Date of this Agreement, the basic Connection Charge shall be
established based on the Sewer Use Coefficients. The Connection Charge for any Customer
whose use is not identified among the established Sewer Use Coefficients shall be determined
by the County based on the Sewer Use Coefficients most analogous to such Customer. Nothing
in this Section 6.3 shall limit the County's right to require a Customer to pay a "Supplemental
Connection Fee" in accordance with Section 6.11 of this Agreement.
6.4 Sewer User Fees.
A. Flat Rate Users Fees. For any Customers within the Municipal Service Area that
are charged Sewer User Fees on a flat-rate basis rather than based on the measurement of the
volume, strength, and/or composition of Sewage flows ("Flat-Rate Customers"), subject to the
provisions of Section 6.4.B of this Agreement, the assessment of Sewer User Fees shall
continue on a flat-rate basis as follows:
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1. All Flat-Rate Customers occupying dwelling units shall be deemed to
utilize one (1) R.C.E. of Sanitary Sewer Service each month.
2. All Flat-Rate Customers other than those occupying dwelling units shall
be deemed to utilize Sanitary Sewer Service each month in accordance
with the following calculation:
(Estimated P.E. of Customer) x 1 RCE
2.5 P.E..
where the "Estimated P.E. of Customer" shall be based upon the
applicable Sewer Use Coefficient for the Customer, but if the Sewer Use
Coefficients are not applicable to the Flat-Rate Customer's proposed use,
then the "Estimated P.E. of Customer" shall be based on the larger of
either: (a) the estimate of P.E. reported in connection with any IEPA permit
for such Flat.-Rate Customer„ or (tr) the standard P.E. coefficient as
applied by the IEPA for persons having similar uses as the Flat-Rate
Customer. With respect to Sewer User Fees for Flat-Rate Customers, one
R.C.E. shall be deemed to equal 7,500 gallons per month.
3. Pursuant to Section 6.7 of this Agreement, the County shall from time-to-
time establish a flat rate fee per RCE of Sanitary Sewer Service (the "RCE
Rate"). The monthly Sewer User Fee for each Flat-Rate Customer shall
be determined by multiplying the number of such Flat-Rate Customer's
RCEs (as established pursuant to Section 6.4.A.1 or 6.4.A.2) by the RCE
Rate.
B. Transition to Volume-Based Sewer User Fees. The Municipality agrees to use its
best efforts to convert Flat-Rate Customers from a flat-rate Sewer User Fee to a system under
which Sewer User Fees are based on the volume, strength, and composition of the Sewage
delivered to the County Southeast Sewerage System by the individual Flat-Rate Customers. At
such time as the County and Municipality mutually determine that the Municipality has sufficient
means for measuring Sewage flows of all or a defined group of individual Flat-Rate Customers,
then the Municipality shall bill and collect from every Flat-Rate Customer located within the
Municipal Service Area (or such portion of the Municipal Service Area as the County and the
Municipality may agree) Sewer User Fees based upon the actual volume, strength, and
composition of Sewage delivered to the County Southeast Sewerage System from such
Customer. The County shall be solely responsible for setting such Sewer User Fees, subject to
the adjustment provisions in Section 6.7 of this Agreement.
6.5 Metentg..
A. Individual Metering. To the extent that Sewer User Fees are billed and
collected based upon actual volume, strength, and composition pursuant to Section 6.4.B of this
Agreement, the County shall have the right to establish and enforce reasonable requirements
for the Municipality and all Customers located within the Municipal Service Area for the
installation, calibration, inspection, maintenance, repair, and replacement of meters to measure
each Customer's Sewage or water use (as mutually agreed upon pursuant to Section 6.4.13) for
the purpose of establishing and billing Sewer User Fees. Nothing in this Section 6.5 shall be
deemed to limit the County's right to estimate any Customer's water consumption for the
purpose of establishing and billing Sewer User Fees or to limit the County's ability to establish
minimum periodic charges. Pursuant to the County Sewer Ordinances, the metered flow may be
adjusted for such quantity of water usage that is reasonably estimated as not entering into the
sanitary sewers by limiting the total metered flow for residential County Customers for the billing
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period from May 15 through September 15 in any year to the lesser of the actual metered
amount or 120% of the average metered water flow from the preceding eight month period (the
"Summer User Credit'). For any Customer that has a separate irrigation source or a separately
metered irrigation system for its property, the actual meter reading for the Customer shall be
used, exclusive of any meter reading for the irrigation system. The County may through its
County Sewer Ordinances reduce, modify, or eliminate the Summer User Credit for County
Sewer User Fees (subject to the notice provisions in Section 6.7.0 of this Agreement).
B. System ''Aide Metering. Subject to and following an agreement of the
County and the Municipality pursuant to Section 6.4.13, the Municipality shall, at its own
expense, furnish, install, own, operate, and maintain Meters and related equipment of standard
type for measuring all Sewage delivered by the Municipality to the County Southeast Sewerage
System (or for measuring water consumption as a reflection of Sewage flows). Such Meters
may be located at the premises of Customers or where the Municipality's connecting Sewers
connect to the respective County Southeast Interceptors. The County shall have access at all
reasonable times to sucrMeters for inspection and examination; All-calibration, adjustment,
reading, and recording of such Meters shall be the Municipality's responsibility.
6.6 Re ortin
A. j'utua Be-q uir m nt . Each party shall establish and maintain at all times during
the term of this Agreement permanent books and records of bills, invoices, rates, receipts,
accounts receivable, connections, quantities of flow, permits, rate studies, and any other records
relating to Sanitary Sewage Service and fees and charges relating thereto dating back not less
than seven years (the "Recordkeeping Data"). Each party shall have the right to inspect and
copy Recordkeeping Data of the other during normal business hours, and the parties hereby
waive all copying and related costs for all reasonable requests for records.
B. MunicipalRep in . The Municipality shall provide to the County, on a bi-
monthly basis, a report of all invoices issued to Customers after the Effective Date of this
Agreement, with a history of payment by Customers. The report shall be in substantially the
form shown in Exhibit D attached hereto, and shall include, without limitation, information
regarding any interest payments required by Section 6.1.C, and such other information as may
reasonably be requested from time to time by the County.
C. County ep rtin The County shall cause to be prepared annual financial
statements of the County Southeast Sewerage System, which financial statements shall include
at least the categories of information described in Exhibit F to this Agreement.
6.7 Ad`ustments to Fees and Char es.
A. Level of Sewer User Fees. Sewer User Fees shall be uniform for all Customers
receiving similar Sanitary Sewer Service within the County Southeast Sewerage System. The
County shall set such Sewer User Fees at levels designed to assure at all times that County
revenues from such Fees and available reserves will always be sufficient, when considered in
light of any other moneys legally available for and applied to such purposes, (i) to provide
adequate and proper levels of service; (ii) to pay the County's costs of maintenance,
replacement, and operation; (iii) to pay the principal of, and premiums and interest on, bonds
secured, in whole or in part, by the revenues of the County Southeast Sewerage System; (iv) to
provide a reasonable depreciation fund; and (v) to provide such other reserves and sinking
funds as may be deemed necessary or desirable by the County for the payment of such bonds
and for the replacement, extension, and improvement of the County Southeast Sewerage
System.
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B. Level of Connection Charges, The County may adjust Connection Charges for
new Customers receiving Sanitary Sewer Services as may be deemed necessary or desirable
by the County, provided that such Connection Charges shall at all times be uniform among
Customers of the County Southeast Sewerage System receiving similar Sanitary Sewer
Services.
C. Effective„Date of Adjusted Connection Charges and Sewer User Fees. Except as
may be affected by a Secondary Rate Study as set forth below, any such adjustments in
Connection Charges will not be effective until ninety (90) days after the County approves such
adjustment, nor will adjustments in Sewer User Fees be effective until the next applicable billing
period commencing not more than ninety (90) days after the County approves such adjustment.
Such adjustments may be made without the need for hearings.
1. The County shall notify the Municipality within ten (10) days after approval of any
adjustments in Connection Charges or Sewer User Fees or both (the
"Adjustment Notice"), which Adjustment Notice shall include any rate studies
that informed the County regarding any such adjustments. An Adjustment Notice
shall be delivered in accordance with Section 10.9 of this Agreement; provided,
however, an Adjustment Notice may also be delivered via e-mail at the address
set forth in Section 10.9.A of this Agreement (unless a Party identifies an
alternative e-mail address for such Adjustment Notices), in which case the date of
delivery shall be the date that the e-mail was sent to the Municipality.
Z Within 15 days after the delivery of an Adjustment Notice, the Municipality shall
notify the County whether it intends to undertake a rate review (a "Review
Notice"). A Review Notice shall be delivered in accordance with Section 10.9 of
this Agreement; provided, however, an Review Notice may also be delivered via
e-mail at the address set forth in Section 10.9.A of this Agreement (unless a
Party identifies an alternative e-mail address for such Review Notices), in which
case the date of delivery shall be the date that the e-mail was sent to the
Municipality.
3. The Municipality may, within 90 days after Adjustment Notice, deliver to the
County its own study regarding any rate adjustment (a "Secondary Rate
Study'). Upon timely delivery of a Secondary Rate Study from the Municipality,
the County agrees to consider such Secondary Rate Study and take action either
to re-affirm, ratify, modify, or postpone the effective date of such adjustments in
either Connection Charges, Sewer User Fees, or both. The County shall notify
the Village in writing of its intended adjustment (if any) to either Connection
Charges, Sewer User Fees, or both, based on the County's review of the
Secondary Rate Study (a "Modified Adjustment Notice").
4. Within seven (7) calendar days after the delivery of a Modified Adjustment Notice,
the Village may notify the County of its desire for a third-party review of the
adjustments to either Connection Charges, Sewer User Fees, or both, as set
forth in the Modified Adjustment Notice (a "Third-Party Review Notice"). In the
event of a Third-Party Review Notice, the Village Manager and the County
Director of Public Works shall, within ten (10) days after delivery of a Third-Party
Review Notice, each select a licensed professional engineer with experience in
utility rate-making, and the selected engineers shall thereafter mutually select a
third licensed professional engineer with experience in utility rate-making within
ten (10) days thereafter (the "Panel Appointment Date"). The three selected
engineers shall convene and review the information relied upon by the County
and the Village's Secondary Rate Study and, based on such information, render
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a decision regarding the ultimate adjustment (if any) to either Connection
Charges, Sewer User Fees, or both, within twenty-one (21) calendar days after
the Panel Appointment Date (the "Panel Decision"). The Panel Decision shall
bind the Parties, and no further adjustment to either Connection Charges, Sewer
User Fees, or both, shall be proposed for at least 180 days after the issuance of
the Panel Decision.
5. Notwithstanding the provisions of Subsections 6.7.C.1-4, to the extent that an
Adjustment Notice includes a rate study that sets forth multi-year adjustments for
the County's Connection Charges or Sewer User Fees or both (a "Multi-Year
Rate Stud'), then: (a) the County shall only be required to deliver an Adjustment
Notice for the first year of adjustments in Connection Charges or Sewer User
Fees or both; (b) no further Adjustment Notice will be required for any
subsequent adjustments of Connection Charges or Sewer User Fees or both
based on such Multi-Year Rate Study; and (c) the Municipality shall only have an
opportunity to present a Secondary Rate Study in response to a Multi-Year Rate
Study following the initial Adjustment Notice. Nothing in this Subsection 6.7.C.5
shall expand the Municipality's opportunity to present a Secondary Rate Study in
the event that the County delivers courtesy Adjustment Notices for adjustments in
Connection Charges or Sewer User Fees or both after the initial Adjustment
Notice relating to a Multi-Year Rate Study.
6.8 Service Conditioned on Payment.
Either the Municipality or any of its Customers may be denied issuance of a temporary
or final sewer permit for any building, structure, or Customer within the Municipal Service Area
in the event that all Connection Charges due to the County have not been paid to the
Municipality. In addition, in the event that the Municipality fails to pay Connection Charges or
Sewer User Fees as provided in this Agreement, the County may take steps to terminate
Sanitary Sewer Service to the Municipality; provided, however, that no termination of service
shall occur unless the Municipality fails to bring current its account with the County within sixty
(60) days after notice from the County regarding such failure to pay.
6.9 I'«/iun%ci al Service Cbg[ges.
Nothing in this Agreement shall limit the Municipality's discretion in establishing
reasonable fees and rates related solely to the Municipal Sewage Collection System for its
Customers, so long as such fees and rates are at all times sufficient to permit the Municipality to
meet its obligations under this Agreement.
6.10 Inflow/Infiltration Reduction.
A. The Municipality and the County acknowledge and agree that Excessive
Inflow/Infiltration from local sewage collection systems tributary to the County Southeast
Sewerage System increases the cost of operating, and reduces the overall capacity and
capability of, both the County Southeast Plant and the County Southeast Sewerage System.
The Municipality and the County acknowledge, however, that it may be more cost-effective to
reduce the effects of Excessive Inflow/Infiltration through regional excessive flow detention
facilities or similar mechanisms ("Regional /// Facilities") as well as attainable local corrective
measures. In order to create appropriate incentives for local corrective measures and
appropriate means for undertaking regional excessive flow detention facilities to address
problems that may be resulting from Excessive Inflow/Infiltration, the County and the
Municipality agree to participate in and comply with the provisions for accommodating
Inflow/Infiltration as set forth in this Section 6.10. Nothing in this Agreement affirmatively
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requires the Municipality to eliminate all Inflow and Infiltration from the Municipal Sewage
Collection System, so long as the quantity of Inflow and Infiltration does not constitute
Excessive Inflow/infiltration as defined herein.
B. CM'OM Programs. The County shall employ or engage qualified engineers in
connection with the development, maintenance, and operations of its facilities within the
Southeast Regional Area, and it shall also comply with applicable CMOM regulations as may be
required by the County Sewer Ordinances or other applicable laws. The Municipality shall also
comply with the CMOM requirements of the County Sewer Ordinances.
C. Establish Local IAA w aur'carg . Consistent with the provisions of CMOM, the
County may periodically establish, after consultation with the Wholesale Advisory Committee, a
system-specific minimum investment level needed for maintenance and repair of any local
sewage collection system tributary to the County Southeast Sewerage System to control
Excessive Inflow/Infiltration (the "Annual System Investment'), and the local sewage collection
system operators will be required to report annually about the activities undertaken to improve
their local sewerage systems, periodic monitoring activities and results, and the amounts
expended therefor. To the extent that the owner or operator of such a local sewage collection
system fails either (i) to make the requisite Annual System Investment in its local sewage
collection system, or (ii) to the extent that the Excessive Inflow/Infiltration from any such local
sewage collection system substantially exceeds any Inflow/Infiltration objectives that may be
established by the County in accordance with the County Sewer Ordinances after consultation
with the Wholesale Advisory Committee, the County shall quantify the additional cost that such
Excessive Inflow/Infiltration imposes annually on the County Southeast Sewerage System (the
"Excessive 1/1 Non-Compliance Cost'), and an additional special user fee shall be imposed
upon all Customers being served by such local sewage collection system (the "Surcharged
System") at a rate that will yield the Excessive 1/1 Non-Compliance Cost over the course of a
year (the "Local /// Surcharge"), notwithstanding that such Local 1/1 Surcharge results in non-
uniform Sewer User Fees among County Customers.
D. ..Administration. In accordance with Section 6.10.0 of this Agreement, any Local
wwmwlw
1/1 Surcharge imposed thereunder shall be accounted for separately from any other funds
collected by the County, the Municipality, or any other Wholesaler with a Surcharged System
(as defined in Section 6.10.C) and held during the Initial Surcharge Year (as hereinafter defined)
in a fund designated for improvements to the Surcharged System (a "Local Improvement
Fund") and shall be used as follows:
(i) During the first year of incurring a Local 1/1 Surcharge (the "Initial
Surcharge Year"), all Local 1/1 Surcharge revenues shall be deposited in
a Local Improvement Fund to be administered by the County. If the
County, after consultation with the Wholesale Advisory Committee,
determines that a Surcharged System meets its Annual System
Investment (as defined in Section 6.10.0 of this Agreement) as prescribed
for the Initial Surcharge Year, then: (a) the Local 1/1 Surcharge imposed
upon the Surcharged System shall no longer be imposed after such
determination; and (b) the County shall make the Local Improvement
Fund moneys available to the owner of the Surcharged System for use in
making up deficiencies in its prior Annual System Investment;
(ii) If a Surcharged System fails to meet its Annual System Investment as
prescribed for the Initial Surcharge Year during the Initial Surcharge Year,
then: (a) the Local 1/1 Surcharge shall continue to be imposed until the
County, after consultation with the Wholesale Advisory Committee,
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determines that a Surcharged System has met its Annual System
Investment as prescribed for any year after the Initial Surcharge Year;
and (ii) all moneys in the Local Improvement Fund shall be transferred,
and all future Local 1/1 Surcharge revenue shall be deposited, into a
Regional Surcharge Fund to be established and maintained by the
County for any projects designed to reduce Excessive Inflow/Infiltration
within the Southeast Regional Area (including Regional 1/1 Facilities), as
designated by the County after consultation with the Wholesale Advisory
Committee.
E. CMOM and Excessive 1/1 Standards. The County acknowledges that the
Municipality may propose for inclusion in the CMOM program under the County Sewer
Ordinances objective standards by which the Municipality or any Wholesaler may attain a "safe
harbor" against the imposition of a Local 1/1 Surcharge pursuant to this Section 6.10; the County
agrees to give reasonable consideration to any such proposal, provided that such proposal shall
be subject to the approval of the County, after consultation with the Wholesale Advisor '
Committee.
F. Additional Corn li iicq... ptjgt1. In order to ensure compliance with CMOM
objectives, the County may, in consultation with the Wholesale Advisory Committee, require a
Surcharged System to install meters of sewage actually delivered to the County Southeast Plant
and the County Southeast Sewerage System, in which case the amount of actual Sewage
delivered to County Southeast Plant and the County Southeast Sewerage System shall be the
basis for any Sewer User Fees due from such Surcharged System.
6.11 Supplemental Connection Fees.
Notwithstanding the fact that a Customer has previously paid a Connection Charge, the
County reserves the right to impose a "Supplemental Connection Fee" upon such Customer in
accordance with regulations of the IEPA or County Sewer Ordinances applicable to Customers
located within the Southeast Regional Area, including without limitation in the following
instances:
(i) If a sewer connection application submitted by or on behalf of a Customer to either the
Municipality or the County does not accurately reflect the use, size, or P.E. of such
Customer, such Customer shall pay the County a Supplemental Connection Fee based
upon the difference in P.E. between (a) the P.E. that should have been the basis for the
original Connection Charge if the application for sewer connection had been accurate,
and (b) the P.E. used to calculate the original Connection Charge; or
(ii) If a Customer's actual Sewage P.E. exceeds the Sewage P.E. set forth in the permit
application for such Customer by more than 15 P.E. (unless such Customer promptly
implements measure to effectively reduce its P.E. after notice from the County), then
such Customer shall pay the County a Supplemental Connection Fee based upon the
difference in P.E. between (a) the permitted P.E. employed in the permit application for
such Customer, and (b) the actual Sewage P.E. discharged by the Customer.
(iii) Upon any new, modified, expanded, or changed use of the site of any Customer (other
than a Customer whose use is a detached single-family residence), the Municipality and
such Customer shall promptly notify the County and the County shall determine whether
the Sewage P.E., permitted and/or actual, from such Customer is consistent with the
Connection Charge previously paid and permitted for the site from which such Customer
operates. If not, a Supplemental Connection Fee shall be assessed against such
Customer based on such new, modified, expanded, or changed use of the Customer's
prwgsls�„ 20
5113121 Draft
site in accordance with the County Sewer Ordinances in effect at the time of such
determination.
The Supplemental Connection Fee shall be based on the Connection Charges in effect
at the time of payment of such Supplemental Connection Fee. Any Customer who fails either to
reduce its discharge or modify its use of the site to be in conformance with the paid and
permitted P.E. or to pay a Supplemental Connection Fee under this Section 6.11 shall have no
right to continued Treatment service, and the Parties agree to take (or cause to be taken)
progressive enforcement action against such Customer for such failure, which enforcement may
include termination of the Customer's water and/or sewer service for non-compliance.
ARTICLE VII
OWNERSHIP AND MAINTENANCE
7.1 Court Southeast Sewera e S stem.
The County shall retain ownership of all Sewers and other facilities in the County
Southeast Sewerage System that it now owns, or that it may in the future construct (including
the Force Main Connection), or that it may in the future accept dedication of from the
Municipality or any other person or entity. The County shall maintain and operate the County
Southeast Sewerage System and shall bear all risk of loss or damage to each element of said
System, all at its sole cost.
7.2 unici al Sewa a C�on S stem.
The Municipality shall retain ownership of all Sewers and related facilities in the
Municipal Sewage Collection System that it now owns or that it may in the future construct, or
that it may in the future accept dedication of from any person or entity, including but not limited
to any future extensions thereto that are now located or that may be located within the
Municipality. The Municipality shall maintain and operate the Municipal Sewage Collection
System and shall bear all risk of loss or damage to said system, all at its sole cost.
ARTICLE VIII
FPA AMENDMENTS
8.1 Joint Action.
In order to promote sound public sewer planning and the efficient and
economical use of County and Municipality facilities being installed and maintained pursuant to
this Agreement:
1. The County shall file, and the Municipality shall support, any application
that may be required to amend the Illinois Water Quality Management
Plan with respect to the development of the County Southeast Sewerage
System consistent with this Agreement.
2. The Municipality shall file, and the County shall support, any application
that may be required to amend the Illinois Water Quality Management
Plan with respect to the development of the Municipal Sewage Collection
System consistent with this Agreement.
3. Neither the Municipality nor the County shall file or support any
21
5113121 Draft
application to amend, and the County and the Municipality shall
undertake joint and cooperative action to oppose and object to any third-
party petition to amend, the Illinois Water Quality Management Plan or
the Areawide Water Quality Management Plan for Northeastern Illinois
that would have the effect of preventing the Municipality and the County
from providing Sanitary Sewer Service to the any lot, parcel, or tract
within the Municipal Service Area, in the manner provided by this
Agreement. For purposes of this Clause 9.1(3), joint and cooperative
action shall include, without limitation, filing written objections, providing
staff support, and retaining such attorneys and consultants as the parties
mutually agree are necessary with respect to such objections.
8.2 Ece tlon .
Nothing in Section 8.1 of this Agreement shall require the County or the
Municipality to take any action that it is prohibited from taking, or to refrain from taking any
action that it is required to take, pursuant to any agreement that such party approved by formal
action of its corporate authorities prior to the Effective Date of this Agreement.
ARTICLE IX
OTHER CONTRACTS AND SERVICE
9.1 CounttyRiq, ts.
A. In Generals. The County shall have the right to contract with other persons,
natural or corporate, private or public, to perform services similar to those to be performed
pursuant to this Agreement; provided, however, that nothing in this Agreement shall be
construed to require the County to provide Sanitary Sewer Service to any area of the
Municipality not located within the Municipal Service Area.
B. "Most Favored" Terms. The County agrees that, should it enter into an
agreement with other persons, natural or corporate private or public, to perform services similar
to those to be performed pursuant to this Agreement within the Southeast Regional Area (a
"Wholesale Agreement') after the approval of this Agreement, that it shall provide a copy of
such Wholesale Agreement to the Municipality. Within thirty (30) days of receipt of the
Wholesale Agreement, the Municipality must notify the County of any provisions within such
Wholesale Agreement that the Municipality believes are applicable to the Municipality and
desirable to incorporate into this Agreement (a "Requested Amendment'). Such Requested
Amendments identified on Exhibit H to this Agreement shall automatically be deemed
incorporated into and made a part of this Agreement, unless, within thirty (30) days of receiving
notice from the Municipality, the County shall notify the Municipality of any disagreement
whether the Requested Amendments fall within the categories identified in Exhibit H. If the
parties disagree over whether a Requested Amendment is within a category identified in Exhibit
H, they shall meet to confer regarding the applicability or inapplicability of the Requested
Amendment to the terms of service and obligations under this Agreement. In the absence of
any objection to a Requested Amendment, or after determining that a Requested Amendment is
appropriate following conferral, the Municipality and County shall prepare and execute or cause
to be executed a written amendment to this Agreement to incorporate all applicable Requested
Amendments without formal action of the corporate authorities of the County or the Municipality.
For purposes of this Section 9.1.13 only, the County Director of Public Works may bind the
County and the Municipality Manager may bind the Municipality. Should the County be a party
to litigation, the outcome of which invalidates any provision of a Wholesale Agreement, the
faGW95IR 7ak 22
5113121 Draft
offending provision will be treated as a Requested Amendment and automatically be deemed
incorporated into and made part of this Agreement.
9.2 Munici al Acknowled ements.
The Municipality acknowledges and agrees that: (i) the County's obligation to
provide Sanitary Sewer Service to the Municipality arises from this Agreement; (ii) the County
does not act or operate as a public or private utility; (iii) the County does not act or operate in a
business or proprietary capacity in providing Sanitary Sewer Service to lots, tracts, parcels, or
areas within the Municipal Service Area; (iv) the County does not by this Agreement, or its
performance pursuant to this Agreement, hold itself out as offering to, and is under no obligation
to, provide Sanitary Sewer Service to any lot, tract, parcel, or area other than lot, tracts, parcels,
or areas located within the Municipal Service Area; (v) the County's obligation to provide
Sanitary Sewer Service to lots, tracts, parcels, or areas within the Municipal Service Area is the
sole contractual obligation set forth in this Agreement; and (vi) except as otherwise expressly
provided in his Agreement, the County shall have no obligation to amend the terms of this
Agreement including without limitation the boundaries of the Municipal Service Area,
9.3 Other Country Service.
Nothing in this Agreement shall be construed or interpreted to prevent or limit the
right of the County, or to require the consent of the Municipality, to provide Sanitary Sewer
Service to parties other than the Municipality on such terms and conditions as the County may,
in its sole discretion, determine to be appropriate, including, without limitation, Sanitary Sewer
Service utilizing the County Southeast Sewerage System; provided, however, that the County
shall not provide Sanitary Sewer Service within the Municipal Service Area except in
accordance with the terms and conditions of this Agreement.
9.4 No Third-Party Beneficiaries.
Nothing in this Agreement shall create, or be construed or interpreted to create,
any third-party beneficiary rights, except as expressly provided herein.
ARTICLE X
LEGAL RELATIONSHIPS AND REQUIREMENTS
10.1 Exhibits.
Exhibits A through H attached to this Agreement are, by this reference,
incorporated into and made a part of this Agreement.
10.2 Entire A reement Su ersedence of Prior Sewa e A reement.
There are no representations, covenants, promises, or obligations not contained
in this Agreement that form any part of this Agreement or upon which either of the parties is
relying in entering into this Agreement.
10.3 Amendments.
Except as expressly provided otherwise in this Agreement, this Agreement shall
not be modified, changed, altered, amended, or terminated without the written and duly
authorized consent of the County and the Municipality.
fflUll:"U'l� 23
5113121 Draft
10.4 Waivers.
No term or condition of this Agreement shall be deemed waived by either party
unless the term or condition to be waived and the circumstances giving rise to such waiver are
set forth specifically in a duly authorized and written waiver of such party. No waiver by any
party of any term or condition of this Agreement shall be deemed or construed as a waiver of
any other term or condition of this Agreement, nor shall waiver of any breach be deemed to
constitute a waiver of any subsequent breach whether of the same or a different provision of this
Agreement.
10.5 iriter retation and Severabriit
It is the intent of the County and the Municipality that this Agreement be construed and
interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict
among the provisions of this Agreement, the provision that best promotes and reflects the intent
of-th parties-sha-I1-coVml-lf any provisio flhls-Agreement is construed'-orheld-ba-be-void,
invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be
affected thereby but shall remain in full force and effect. In addition, the Parties acknowledge
that each Party had the opportunity to seek review of this Agreement by counsel prior to its
execution and therefore this Agreement shall be deemed to have been drafted mutually by the
County and the Municipality.
10.6 Roulatory BodiqA.
This Agreement shall be subject to all valid rules, regulations, and laws
applicable hereto passed and promulgated by the United States of America, the State of Illinois,
or any other governmental body or agency having lawful jurisdiction, or any authorized
representative or agent of any of them; provided, however, that this Section 10.6 shall not be
construed as waiving the right of any party to challenge the validity of any such rules,
regulations, or laws on any basis, including the impairment of this Agreement. The County
reserves the right to adopt ordinances, rules, and regulations governing the design, installation,
and use of the County Southeast Sewerage System.
10.7 Successors- Assi nmier t.
This Agreement shall be binding on, and shall inure to the benefit of the
successors and permitted assigns of the County and the Municipality. The Municipality shall not
assign this Agreement in whole or in part, or any of its rights or obligations under this
Agreement, without the prior express written consent of the County, which consent may be
withheld in the sole and unfettered discretion of the County. The County shall not assign this
Agreement in whole or in part, or any of its rights or obligations under this Agreement, without
the prior express written consent of the Municipality, which consent may be withheld in the sole
and unfettered discretion of the Municipality.
10.8 Effective Date and Term.
A. Effectivee Date. This Agreement shall take effect as of the date first above
written when executed by the duly authorized representatives of the County and the
Municipality.
B. Term. This Agreement shall be in full force and effect for a period of 20
years from and after its Effective Date.
,n� mo''I 24
5113121 Draft
10.9 Notices- Timin .
A. Manner of Notification. All notices and other communications in
connection with this Agreement shall be in writing and shall be deemed delivered to the
addressee thereof when delivered in person or by express mail or messenger at the address set
forth below or three business days after deposit thereof in any main or branch United States
post office, certified or registered mail, return receipt requested, postage prepaid, properly
addressed to the parties, respectively, as follows:
For notices and communications to the County:
County of Lake
18 North County Street
Waukegan, Illinois 60065
Attn: County Administrator
E-Mail:
and
Lake County Department of Public Works
650 Winchester Road
Libertyville, Illinois 60046
Attn: Director of Public Works
E-Mail:.
For notices and communications to the Municipality:
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove IL 60089
Attn: Village Manager
E-Mail:
By notice complying with the foregoing requirements of this Section 10.9, each party shall have
the right to change the addressees or addresses or both for all future notices and
communications to such party, but no notice of a change of address shall be effective until
actually received.
B. Time for Action. Whenever any action is required pursuant to this Agreement,
"days" shall be based on calendar days; provided, however, when the last day for action falls on
a Saturday, Sunday, or Federal holiday, the time for action shall be the following calendar day.
10.10 Execution in Counter arts.
This Agreement may be executed in multiple identical counterparts, and all of
said counterparts shall, individually and taken together, constitute one and the same
Agreement.
10.11 Enforcement and Remedies.
The parties hereto may in law or in equity enforce or compel the performance of
this Agreement and shall otherwise have all remedies provided by applicable United States of
America, State of Illinois, and local laws, ordinances, rules, and regulations, except that neither
the Municipality nor the County shall seek or recover monetary damages against the other or
10000-n) 25
5113121 Draft
any of the other's officials, agents, representatives, attorneys, or employees on account of the
negotiation, execution, or breach of any of the terms and conditions of this Agreement.
Enforcement actions arising from the County Sewer Ordinances or to collect Connection
Charges or Sewer User Fees due under this Agreement shall not be actions for monetary
damages.
gym., 26
5113121 Draft
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
written.
VILLAGE OF BU ALO GROVE
B
ATTEST: Village P sident
Villag 'rk
COUNI-Y OF LAPSE
By:
Chairman, Lake County Board
County Clerk
100009519 201 27
5113121 Draft
EXHIBIT A
Municipal Service Area
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EXHIBIT A
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EXHIBIT B
Considerations and Principles Relating To Intergovernmental
Acireements For Sewer and Amendments To Existiq_q A regiments
1. Background:
a. The County is a regional government.
b. County decisions often have regional effects that should be evaluated.
C. In addition, as the primary regional government in Lake County, the County has an
interest in encouraging intergovernmental cooperation, where possible.
2. D s0r�.Making P. cgs :
As a regional government, the County must ultimately exercise its legislative discretion in
e-termini-.ng what-it-believes is best far thy^ Count,— — and-its residents as whole: Such;
�
discretion often requires the County to balance competing interests, and in doing so, the
County's decision-making process involves:
a. Evaluation: To weigh the potential impact decisions will have on other governmental
entities, the County should evaluate the impacts upon affected communities.
Decisions should be made by giving due consideration to the direct and indirect
effects of such decisions, including the totality of the benefits and impacts of the
decision on affected governmental entities.
b. Framework Plan: Decisions should be made with due consideration to the
objectives of the County's Framework Plan.
3. Factors to Be Assessed Retatina to Sewer Service Decisions:
The County is not a public utility, but it provides certain public services with the goal of
enhancing the well-being of all Lake County residents. This goal is ordinarily achieved
through the use of regional publicly owned wastewater treatment facilities. In decisions
related to sewer service, the County should evaluate both direct and indirect effects from both
a policy and practical perspective. The following factors, which are considerations and not
strict requirements, include without limitation:
• Consistency with the Framework Plan • Impact on other affected public
• Consistency with relevant municipal plans bodies
• Available and committed capacity of • Fiscal and related benefits
system • Level of support/opposition to
• Impact on County roads and other services proposal
• An applicant's reasons for preferring one • Specific environmental concerns
solution over another, and reasons for • Alternative proposals put forth by
that preference an applicant or governmental
entity
a. Trying to coordinate the concerns of affected governments is important to achieving
the wise investment of public resources. This is increasingly important as
development spreads throughout the County, because the actions of one
community are more likely to affect other communities.
b. To better ensure that decisions are made based on understandable parameters,
sewer service agreements and amendments to such agreements should ordinarily
be based on specific limitations on the County's obligations to provide such
services. Those limitations should be expressed in terms of capacity and, when
appropriate, the nature of the development to be served. In addition, amendments
to existing sewer service agreements should ordinarily be considered in the context
of specific developments to be served.
C. Although past practices are important, the considerations and effects of sewer
decisions are ever evolving and cannot be made based on static models of
precedent.
Approved by PWT Committee Action on December 2, 2015.
5113121 Draft
EXHIBIT C
Conditional Exoansio Areas
31
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5113121 Draft
EXHIBIT C-1
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5113121 Draft
EXHIBIT D
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EXHIBIT E
Sewer Use Coefficients
{00009518 23)
EXHIBIT E
Schedule of Sewer Use Coefficients
------------------------............ .__......... ... .---------- ------------------------------..------------------- --
Lake County Public
..
Works
Use Coef GPD I?.er...._. .
Auto Dealer __. 0.14 s uare ft
......................................................................................................................................................................................q._..............................................................�...�.............�.......
Bank 0.1 square ft
Barber Shoff_ 54.6 ba
rber chair
Beauty Shop 250 wash station
�oWLiqg
.�..Alle..y.
-.-... . ... _.-.-- ............................ ..............................................................1...3.....3......................a...lIe
u...y.a.....r...ye..........ft...m
Bus/Rail De 3.33 s
..................................�..........�.
Car Washes 3 - . ..._r_� rrrr ------. .
at
_Colle a Resid.------__... ......................................................_................................................................1...........................,..............................n................................................................
00 student
D --ialysis Center 280 station
-------- - - ---- - _..._ _,____,,_.__ .............................. .... ..
Drive-In Movies 5 car stall
Drive-In Restaurant...................�.�..�.�.�.�.�.�.�.�.�.�......�.�.�...........................................�.............................�.................................................................�.....1.�0�0.................�....c�arsta.l.l.....................�.....................................�....�.
........................... --- --------- - - ----_ ------------- --.__.___ ------------- ---------------___._.
Elder Care Institution 1 bedroom 200 unit
Elder Care Institution 2 bedroom_.__..........__.r.....rrr.....�W�r._.�.........................................................�..........�.�.�.�.�.�.�.�.�.�.�...2.50......�.�.�.�.�..�....unit
..............�.�.�.�................�..�......�.�.�.�.�.............�.�.�.....�.
Elder Care Nursin Home 125
............ —----------- bed -------------- -----
Firehouse 250 firehouse
Fleet Service Garage,
.......................W............................................................................................,............................ .........�........ .................
9 9
sales no washes 0.1 square ft
.._. ....---- -------- _------------ ......... ......................................................................._...............
I Orq, Elk Club etc 0.3 square ft
raterna ...... ---- -- -------- -- -- .
Goff-Swim Clubs 0.3 square ft
y -------- ------- square.ft...
Grocer .- . ............. .. ... 0.1
Club, YMCA 0.3 square foot
Health........................ - -- ._................. ._-
Hospitals 250 bed
_-.. ... ... .. .... ........ ........ .. .... ...
Hotels/Motels 0 256 square ft
.__ ....
Jail & Prison 133 person
Laundromats 175 shin machine
.............---.................................. ..-.__-._.__._. .............................................................................................................,.......................,......q,......._................,..........,............
Laundry/ Dry Cleaner 0.253 square ft
-_..... ___._--- ........... ........................................................................ .. ware ft Medical Offices Dentist/Doctor 0.3
Medical Offices General 0 9 square ft
Motels- Extended Stay 0.256 square ft
Motels- Extended Stay-2 BR,3BR 250 unit
Nail Salon 120 pedicure station
........ .......__ ___..... ..______ .____ __ _._....__ _______-____.._ p _ _ ________ ______ ------
General Entertainment 1.33 occu ant
__...................................
sf+meth 03
Office,
.. Lar a>10.000 sf �� �� ��� � ��� ��� 0.1 +25/cafe seat
_.....___..........:.....m...........q�.......... ... ......... .............. .�.�.�.�.�.
Office, Small 0.1 square ft
Restaurantbar
.. _ _.....
seats 15 seat
Restaurant w/dinnerware 25 seat
Restaurantw/o dinnerware........................................................................... .. ..................,..seat........................................................................
Restaurant, outside seats, dinnerware 10.4 seat
Restaurant, outside seats, w/o ...............................................em....................6.........�.....�..�.........�_.se......��.._...
- .... 2 at
Fast Food Restaurant, lar a Chain 2000 unit
- - _.. . .............. .. rr .....�...
Fast Food Restaurant, small chain 625 unit
Retails _ square ft.�.�
......pace<.-100,000 sf 0.1.
Retail s ace>100,000 sf 0.05 s uare ft
School- Elem 3.83 student
. .. ..........
School High 8.02 student
Gas Station Gas/Food w/o car wash 0.2 inside square foot
.... --
Self Storage Facilitv------ -------- 250 facility-------
..StOp..M.a.l!.............. 0 2_ squ.a.re...ft.
.................................
Swimming Pool Private 2 5 person
___.........._._ .__.______.._____,___ ____________ .....--- .........
Theaters 3.33 seat
Warehouse 0 025 s........................
... ......... square ft
[Type here]
EXHIBIT F
Financial Statqp]gpLqi! c�1l�
f00009518 23)
EXHIBIT F
Financial Staternent Lajp_q2jries
n
OPERATING REVENUES
Wholesale sewer charges
TOTAL REVENUES
OPERATING EXPENSES
Personnel services
Salaries and wages
Pension- IMRF and social security
Total p r on,nel service
Commodities
Office supplies and maintenance
Housekeeping supplies
Gasoline
Building and ground supplies
Operational supplies
Chemical supplies
Uniform
Medical supplies
Non capital equipment and Improvements
Miscellaneous
Total commodities
Contractual
Insurance
Employees' life, health and dental
Unemployment and worker's compensation
Miscellaneous benefits
Gas (utility)
Electricity
Telephone and telemetry
Wholesale sewerage treatment
Vehicle maintenance
Buildings and equipment maintenance
Equipment rental
Disposal service
Miscellaneous
Total contractual
Total operating expenses
Operating income-excluding depreciation
NON-OPERATING EXPENSES
Interest expense
Amortization of bond issuance costs
Total non-operating expenses
Income before contributions, transfers, and other items
ADJUSTMENTS
Capital contributions- connection fees
Capital expenditures
Forecasted annual improvement costs
NET INCREASE OR(DECREASE) TO RESERVE FUND
[Type here]
EXHIBIT G
Southeast IRegion,al Area Facilities Pl rr Ltn Ar
{00009518 23)
nlr
......................
1 II
Northeast
Central Green Oaks 4 �'q^gip:l,,,,,„y�i,,,y
Lake FPA
Norkhvmst
Lake FPA ^, Southeast f
r..,- utU
Lake FPA
°
t
_ North Shore
_ fNt�ro'Ir�r�elrrrv � r,'saawr, o,
( Sanitary
District FPA
W��trC¢haida��u lP='N�aA _ I �.r
I 9�
j r Mettawa
a
r
',✓, rr �� 7�k°�rtdNd�
Hawthorn
1
Woods
0 aluglsack,mrn Sub-FPA
'", of the�'+I I)r�'1q°Irgu°t -
L i, tir1000,v
, � tI�AM:�tlrc Sanitary 0rrtl4
;� to �r t Iu kriw l e dt Baru k440 5bd ti AA,of
the q(t rrN 8 m+ire 6* ;
Southeast 8hb�rkYtdi°r�-.
r` Lake FPA
l !„l!+'::irio1p �'x effieW FPA
t
Deerfield
FPA
Barrington
FPA f +f+GyC t
Buul:FalIn
I €!a a.
r .agar,
°j MWRDGC FPA
l
ghl:�,
m,64(..,°_ . _ 4.mTr. ,,,,,, ... ,
Village p pnptpultw��
Rolling
Meadows
N
EXHIBIT G - Southeast Lake FPA
0 Southeast Lake FPA
Department of Public Works FPA 0 0.5 1
650 West Winchester Road
Libertyville.Illinois 60048 Sub-FPA Mlles
(847)377-7500
05/10/2021 ID:2814
EXHIBIT H
Regtested Amendment.PA!ggaeries
...........................................................................................----..........................................................
County Obligations to operate and maintain the County
Sewerage System under Section 3 1
Process for waiving Municipality obligations under
Section 3.2
.................................--.......... ......................
Limited right jq,yse, facilities under Section 3.3.A
............
..........................E--xp,an,,Si,,o,,,n re'ques't"PP9!�§!,To!�K Section 3.3.13
Septic system re
gulations eg !ations under Section 3.3
----- -----
Other�greements and Laws under Section 3.4
.............. --l-1............ ....... .....
Permitted extensions and enlargements,standards for
extensions or enlargements,County obligations with
respett olimexitae---n-i-osiu g1m ,on and enlar anx an&ion
ns der Stion 4.2.A-D.1
----- ------ t--------- -------l-1---111------ ------ —:
-
Conditions and limitations under Section 5.1-5.3
...........-.1 .....................-------------------------------------------------------------------------------------------------------
Applicable charges and fees under Article V1,except
any payment arrangements for existing balances due or
fee reimbursements that are specific to a particular
Wholesaler.
...............................................................................................................................I'll ................................
FPA Amendments under Section 8.1(3)
Le al relationshs and-------------
requirements in Article X