Article 3. Sewers
15-301 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
(Ord. 253, Art. I, Secs. 1:22)
15-302 Unsanitary objectionable deposits prohibited.
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)
15-303 Unlawful discharge.
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)
15-304 Septic tanks, cesspools, etc., prohibited generally.
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)
15-305 Connection required where public sewer available.
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)
15-306 Private sewage disposal system.
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)
15-307 Same; permit required.
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}
15-308 Same; effective date.
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)
15-309 Same; specifications.
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)
15-310 Same; when public sewer connection required.
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)
15-311 Same; owner to bear cost.
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)
15-312 Same; other requirements.
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)
15-313 Same; when public sewer connection required.
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)
15-314 Unauthorized connections.
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)
15-315 Sewer permits.
There shall be two classes of building sewer permits:
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)
15-316 Costs borne by owner.
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)
15-317 Sewer for each building.
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)
15-318 Old building sewers.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this article.
(Ord. 253, Art. IV, Sec. 5)
15-319 Standards.
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)
15-320 Elevation.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be left by an approved means and discharged to the building sewer.
(Ord. 253, Art. IV, Sec. 7)
15-321 Prohibited connections.
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)
15-322 Code requirements.
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)
15-323 Inspection.
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)
15-324 Excavations.
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)
15-325 Roof, foundation drains.
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)
15-326 Stormwater discharge.
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)
15-327 Prohibited discharges.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(Ord. 253, Art. V, Sec. 3)
15-328 Same.
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:
(Ord. 253, Art. V, Sec. 4)
15-329 Superintendent’s options with respect to hazardous wastes
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:
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)
15-330 Grease, oil and sand interceptors
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)
15-331 Maintenance of preliminary treatment or flow-equalizing facilities
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)
15-332 Control manholes
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)
15-333 Measurements, testing and analysis
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)
15-334 Special agreements
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)
15-335 Damaging, tampering with, etc., sewage works
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)
15-336 Right of city to entry for purposes of inspection, measurement, etc.
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)
15-337 Observance of safety rules by superintendent.
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)
15-338 Right of city to enter property through which city holds easement.
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)
15-339 Penalties for violation.
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)
15-340 Penalty.
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)
15-341 Penalty.
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)
15-342 Fee for services.
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)
15-343 Monthly user charge.
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)
15-344 Minimum sewer charge.
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)
15-345 Toxic pollutants.
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)
15-346 Rates without regard to location.
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)
15-347 Monthly billing.
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)
15-348 Late penalty.
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)
15-349 Exception to monthly charge.
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)
15-350 Billing procedure.
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)
15-351 Owner responsibility.
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)
15-352 Review of user charges.
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)
15-353 Rate notification.
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)