CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 4. SEWERS

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

(a)   Building Drain shall mean that 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 outside the inner face of the building wall.

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

(c)   B.O.D. (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 parts per million by weight.

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

(e)   Individual Domestic means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.

(f)   Industrial means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.

(g)   Multi-domestic means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.

(h)   Superintendent shall mean the superintendent of the city or his or her authorized deputy, agent or representative.

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

(j)    Sewer shall mean a pipe or conduit for carrying sewage.

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

(l)    Combined Sewers shall mean sewers receiving both surface runoff and sewage, are not permitted.

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

(n)   Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

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

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

(q)   User means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.

(r)    Wastewater means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.

(s)   Normal wastewater. The strength of normal wastewater shall be considered within the following ranges:

(1)   A five day biochemical oxygen demand of 300 milligrams per liter or less;

(2)   A suspended solid concentration of 350 milligrams or less;

(3)   Hydrogen ion concentration of 5.0 to 9.0.

(Code 2000)

The owner of all houses, buildings, or properties used for human occupancy, employment, situated within 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 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 proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 140 feet of the property line.

(Code 1986, 11-116; Code 2000; Ord. 15-402; Code 2013)

(a)   Extension for the sewer system of the city, to areas not presently served by the sewer system within the city limits may be requested by at least 50% of the property owners affected or may be ordered by the governing body. In either case all costs of the extension shall be assessed to the affected property owners. The costs to property owners shall be prorated depending on size and amount of property owned. The property owners cost shall be considered as a special assessment and added to the annual property tax bill and prorated over a period of 15 years. Any of the affected property owners may pay their portion as a lump sum payment directly to the city at the time service connection is made.

(b)   Plans and specification for the extensions to the sewer system shall be prepared or approved by a qualified engineer of the city’s choosing, and must meet all KDHE requirements. The city council shall make final approval of any extensions.

(Code 1986, 11-118; Ord. 540; Code 2013)

(a)   No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance.

(Code 2000; Code 2013)

Any person desiring to make a connection to the city sewer system shall apply in writing to the city clerk who shall forward the application to the sewer superintendent. The application shall contain:

(a)   The legal description of the property to be connected;

(b)   The name and address of the owner or owners of the property;

(c)   The kind of property to be connected (residential, commercial or industrial);

(d)   The point of proposed connection to the city sewer line.

(Code 2000; Code 2013)

All costs and expense incident to the installation and connection of the building sewer shall be paid 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.

(Code 2000)

The connection of the building sewer into the public sewer shall be made at the “Y” branch if such branch is available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the water superintendent and at a location designated by the superintendent.

(Code 2000; Code 2013)

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be feasibly constructed to the rear building. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Code 2000)

(Code 2000; Code 2013)

All excavations for buildings sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, curb and gutters, sidewalks, parkways and other public property removed or damaged during the installation of the building sewer, shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner. It is further agreed that any parties involved in any excavating or installation work for sewer installations as above set out, will hold the city harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation or any negligent act or from any operation made within the city.

(Code 2000)

(a)   If any person shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b)   The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants.

(Code 1986, 11-116; Code 2000)

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in this article.

(Code 1986, 11-116; Code 2000)

Where a public sanitary sewer is not available under the provisions of section 15-402 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-411 to 15-416.

(Code 2000)

(a)   The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations and requirements of the Water Pollution Control Section of the Kansas State Department of Health. 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 one acre. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

(b)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-402, a direct connection shall be made to the public sewer in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable and acceptable materials.

(Code 2000)

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

(Code 2000)

It shall be unlawful for any person to deposit or discharge from any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy, vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public nuisance upon the order of the city or county board of health in accordance with the laws of Kansas.

(K.S.A. 12-1617e; 12-1617g; Code 2000)

It shall be unlawful for any unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any sewer, structure, appurtenance, or equipment which is part of the municipal sewer system.

(Code 2000)

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

(Code 2000)

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city.

(Code 2000)

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

(Code 2000)

All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.

(Code 2000)

(a)   It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer.

(b)   All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharge does not create a nuisance. No such liquids may be discharged into any unpaved street or alley.

(Code 2000)

Discharges from air conditioning units in excess of one ton per hour or one horsepower may be permitted into a building sewer upon approval of the utility superintendent where there is a finding that such cooling water cannot be recirculated and that such waste water does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city.

(Code 2000)

No person shall discharge any of the following waters or wastes to any public sewer:

(a)   Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b)   Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

(c)   Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(d)   Garbage that has not been properly shredded;

(e)   Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(f)   Waters or wastes having a ph lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g)   Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(h)   Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i)    Noxious or malodorous gas or substance capable of creating a public nuisance.

(Code 2000)

(a)   Bills shall be rendered monthly as provided in section 15-222 and shall be collected as a combined utility bill.

(Code 2000; Code 2013)

(a)   In the event any person, except the United States and the state of Kansas shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-102:104.

(b)   All other remedies regarding delinquent accounts, and exceptions thereto, contained in Article 1 of Chapter 15 shall apply to sewer service fees, charges and services.

(Ord. 15-402; Code 2013)

The monthly charge for sewer service shall be as follows:

 

Classification

Description

Rate per month

Class A

Single Family Residence

$25.00

Class B

Multiple family residence and apartment houses, charge per dwelling unit

$25.00

Class C

House trailer courts and recreational vehicle courts, charge per house trailer unit

$25.00

Class D

Cafes and eating establishments

$25.00

Class E

Automobile service stations and garages

$25.00

Class F

Grocery, drug stores, locker plants and meat and food processing establishments

$25.00

Class G

Public grade schools and high schools

$50.00

Class H

Offices, mercantile shops and other establishments not otherwise classified

$25.00

(Code 2013; Ord. 2017-8-9)