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

(a)   BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter.

(b)   Building Drain shall mean the part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

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

(d)   Combined Sewer shall mean a sewer receiving both surface runoff and sewage.

(e)   Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(f)    Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

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

(h)   Person shall mean any individual, firm, company, association, society, corporation or group.

(i)    pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(j)    Property Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

(k)   Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(l)    Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

(m)  Sewage shall mean a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and storm waters as may be present.

(n)   Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.

(o)   Sewage Works shall mean all facilities for collecting, pumping, treating and disposing of sewage.

(p)   Sewer shall mean a pipe or conduit of carrying sewage.

(q)   Shall is mandatory; May is permissive.

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

(s)   Storm Drain (sometimes termed storm sewer shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(t)    Superintendent shall mean the (superintendent of sewage works and/or of water pollution control) of the city or his or her authorized deputy, agent or representative.

(u)   Suspended Solids shall means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, an which are removable by laboratory filtering.

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

(Ord. 253, Art. I, Secs. 1:22)

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city any human or animal excrement, garbage, or other objectionable wastes.

(Ord. 253, Art. II, Sec. 1)

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

(Ord. 253, Art. II, Sec. 2)

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

(Ord. 253, Art. II, Sec. 3)

The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated with in the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the property public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that the public sewer is with on 100 feet of the property line.

(Ord. 253, Art. 11, Sec. 4)

Where a public sanitary or combined sewer is not available under the provisions of section 15-305, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 253, Art. Ill, Sec. 1)

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed.

(Ord. 253, Art. Ill, Sec. 2}

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit.

(Ord. 253, Art. Ill, Sec. 3)

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. 253, Art. Ill, Sec. 4)

At such time as public sewer becomes available to a property served by a private sewage disposal system as provided in section 15-309, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Ord. 253, Art. Ill, Sec. 5)

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(Ord. 253, Art. Ill, Sec. 6)

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.

(Ord. 253, Art. Ill, Sec. 7)

When a public sewer becomes available, the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean ban-run gravel or dirt.

(Ord. 253, Art. Ill, Sec. 8)

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereon without first obtaining a written permit from the superintendent.

(Ord. 253, Art. IV, Sec. 1)

There shall be two classes of building sewer permits:

(a)   for residential and commercial service, and

(b)   for service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit applicant shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $25 for a residential or commercial building sewer permit and $100 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 253, Art. IV, Sec. 2)

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 253, Art. IV, Sec. 3)

A separate and independent building sewer shall be provided for every building; except where a building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be exceeded to the rear building and the whole considered as one building sewer.

(Ord. 253, Art. IV, Sec. 4)

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

(Ord. 253, Art. IV, Sec. 5)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth inappropriate specifications of the A.S.T.M. and W.C.F. Manual of Practice No. 9 shall apply.

(Ord. 253, Art. IV, Sec. 6)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be left by an approved means and discharged to the building sewer.

(Ord. 253, Art. IV, Sec. 7)

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or to the sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 253, Art. IV, Sec. 8)

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(Ord. 253, Art. IV, Sec. 9)

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his or her representative.

(Ord. 253, Art. IV, Sec. 10)

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

(Ord. 253, Art. IV, Sec. 11)

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(Ord. 253, Art. V, Sec. 1)

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.

(Ord. 253, Art. V, Sec. 2)

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

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

(b)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment, process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of mg/1 as CN in the wastes as discharges to the public sewer.

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

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

(Ord. 253, Art. V, Sec. 3)

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of theses wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(a)   Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).

(b)   Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become vicious at temperatures between 30 and 150 degrees Fahrenheit (0 and 65 degrees Centigrade).

(c)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.

(d)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(e)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works excess the limits established by the superintendent for such materials.

(f)    Any waters or wastes containing phenols or other taste - or odor - producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(h)   Any wastes or wastes having a pH in excess of 9.5.

(i)    Materials which exert or cause:

(1)   Unusual concentrations of inert suspended solid (such as, but not limited to, Fuller earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

(2)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4)   Unusual volume of flow or concentration of waste constituting slugs as defined herein.

(j)    Wastes or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(k)   Any waters or wastes having (1) a five day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such wastes or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 253, Art. V, Sec. 4)

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers which waters contain the substances or possess the characteristics enumerated in section 15-328 of this article, and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:

(a)   Reject the wastes.

(b)   Require pretreatment to an acceptable condition for discharge to the public sewers.

(c)   Require control over the quantities and rates of discharge, and/or

(d)   Requirement payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 15-328 of the article.

If the superintendent permits the pretreatment or equalization of waste flows, the design and the installation of the plants and equipment shall be subject to the review and approval of the superintendent and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 253, Art. V, Sec. 5)

Grease, oil and interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be of a type and capacity approved by the superintendent, and shall be located a to be readily and easily accessible for cleaning and inspection.

(Ord. 253, Art. V, Sec. 6)

Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

(Ord. 253, Art. V, Sec. 7)

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

(Ord. 253, Art. V, Sec. 8)

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

(Ord. 253, Art. V, Sec. 9)

No statement contained in this article shall be construed as preventing any special agreement or arrangements between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern.

(Ord. 253, Art. V, Sec. 10)

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Ord. 253, Art. VI, Sec. 1)

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(Ord. 253, Art. VII, Sec. 1)

While performing the necessary work on private property referred to in section 15-336 above the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-322.

(Ord. 253, Art. VII, Sec. 2)

The superintendent and any other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the property involved.

(Ord. 253, Art. VII, Sec. 3)

Any person found to be violating any provisions of this article except section 15-335 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time lime for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(Ord. 253, Art. VIII, Sec. 1)

Any person who shall continue any violation beyond the time limit provided for in section 15-338, shall be guilty of a code violation, and on conviction thereof shall be fined in the amount not exceeding $100 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed to separate offense.

(Ord. 253, Art. VIII, Sec. 2)

Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.

(Ord. 253, Art. VIII, Sec. 3)

Each user shall pay for the services provided by the city based on his or her use of the treatment works as determined by water meters acceptable to the city.

(Ord. 254, Art. IV, Sec. 1)

For residential contributors, monthly user charges will be based on the average monthly water usage determined during the months of January, February and March, and each contributors’ average monthly water usage shall be established on the first day of May each year. In the event a residential contributor has not established a January, February and March average, his or her monthly user charge shall be the average charge of all other residential contributors. In the event a residential contributor does not use city water his or her monthly user charge shall also be the average charge of other residential contributors. For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributors’ expense, and in a manner acceptable to the city.

(Ord. 254, Art. IV, Sec. 2)

The minimum sewer charge per month shall be $20.00. In addition, each contributor shall pay a user charge rate for operation and maintenance, including replacement of $1.50 per 1,000 gallons of water (or wastewater) as determined in the preceding section.

(Ord. 254; Code 1991; Ord. 283; Ord. 350; Code 2020)

Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city’s treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increases costs. The charge to each user shall be determined by the responsible plant operating personnel and approved by the governing body.

(Ord. 254, Art. 4, Sec. 4)

The user charge rates established in this article apply to all users, regardless of their location, of the city’s treatment works.

(Ord. 254, Art. IV, Sec. 5)

All users shall be billed on a monthly basis and shall become due and payable the like day of each succeeding month thereafter. Any payment not received by the like day of the succeeding months shall be delinquent.

(Ord. 254, Art. V, Sec. 1)

A late payment penalty of 10 percent of the sewer use charge will be added to each delinquent bill for each month of delinquency. When any bill is one month in default the city may, at its option and following due notice and opportunity for hearing, discontinue any utility service rendered and charged for the delinquent bill until such charges are paid in full. The city shall not disconnect the user from the treatment works, which would directly endanger the environmental and public health and welfare.

(Ord. 254, Art. V, Sec. 2)

There shall be a user charge for sewer use each month, except where there has been no use made of the treatment works for the premises for any month or months by disposing of any water, waste or sewage into the treatment works, when the water system on such premises has been disconnected for the entire month.

(Ord. 254, Art. V, Sec. 3)

City officers empowered to prepare bills for water, sewer and other city owned and operated utilities shall calculate the amount of each sewer user charge and shall add the same to the amount or the other utilities if to be collected as a combined bill. Failure to receive a billing shall not excuse a user from the obligation to pay such bill within the time specified. Should the city be unable to bill a user for services rendered under this article during any month, the next billing made shall include such sewage service rendered during the unbilled month, on the same basis as utility accounts are billed.

(Ord. 254, Art. V, Sec. 4)

In the event the user does not have any utility account, personally, with the city, the statement for the user charge shall be forwarded directly to the owner of the property being served, if not paid on time by his or her agent, or tenant of the property being served.

(Ord. 254, Art. V, Sec. 5)

The city shall review the user charge system at least every two years and revises user charge rates as necessary to ensure that the system generates adequate revenues to pay the cost of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

(Ord. 254, Art. VI, Sec. 1)

The city shall notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.

(Ord. 254, Art. VI, Sec. 2)