[R.O. 2004 § 700.140; CC 1978 § 68.010; Ord. No. 700 § 1, 12-16-2003]
Unless the context specifically indicates otherwise, the meanings of terms used in this Article shall be as follows:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C.) expressed in milligrams per liter.
BUILDING DRAIN
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 (5) feet [one and five tenths (1.5) meters] outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CITY
The City of Lake Lotawana, Missouri.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
ON-SITE SEWAGE DISPOSAL SYSTEM
Any system handling or treatment facility receiving domestic sewage which discharges into a subsurface soil absorption system and discharges less than three thousand (3,000) gallons per day.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch [one and twenty-seven hundredths (1.27) centimeters] in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
[R.O. 2004 § 700.150; CC 1978 § 68.020]
A. 
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 waste.
B. 
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.
C. 
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any road 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/her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provision of this Chapter within sixty (60) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet [thirty and five tenths (30.5) meters] of the property line.
[R.O. 2004 § 700.160; CC 1978 § 68.030; Ord. No. 700 § 2, 12-16-2003; Ord. No. 919 §§ 1 — 2, 9-21-2010]
A. 
It shall be unlawful to construct or move into or within the City a building intended for human habitation which will not immediately be connected with the City sewage disposal system except as provided in Subsection (C) of this Section. The construction or use of private sewage disposal facilities such as septic tanks is expressly prohibited except as provided in Subsections (B) and (C) of this Section. If the City sewer system is not available within a reasonable distance of the property on which a dwelling is to be constructed or remodeled, the owner must proceed under the provisions of Article III of this Chapter except as provided in Subsection (C) of this Section.
B. 
The owner of a private sewage disposal facility in use on April 20, 1976, and the owner of a private sewage disposal facility located on land annexed into the City after November 1, 2001, and in use on date of annexation may continue in use such private sewage disposal facility until the City sewage disposal system is available, provided that said facility is at all times operated and maintained in such a sanitary manner that it will not be dangerous or injurious to the health and safety of the occupants of neighboring dwellings nor have a blighting influence on properties of the area and will at all times comply with the requirements and regulations of the Jackson County, Missouri, Department of Public Works, Environmental Health Division. The owner of any private sewage disposal facility located on a lot of not less than three (3) acres in size which is annexed into the City after November 1, 2001, and which is in use on the date of annexation may continue to use such private sewage disposal facility, including replacement thereof, notwithstanding that the City sewage disposal system is available, provided that the private sewage disposal system is at all times operated and maintained in a sanitary manner that will not be dangerous or injurious to the health and safety of the occupants of the premises and/or the occupants of neighboring dwellings nor have a blighting influence on properties of the area and, provided further, that such private sewage disposal system at all times complies with the requirements and regulations of the Jackson County Missouri, Department of Public Health, Environmental Health Division.
C. 
The owners of property in the City shall be permitted to utilize on-site sewage disposal systems for new construction of single-family homes, provided that:
1. 
The on-site sewage disposal system complies with all requirements of State and County laws and regulations, and shall be designed and the installation inspected by the professional engineer that performed the percolation test;
2. 
The City Engineer has determined that the City sewage system does not currently have excess capacity adequate to provide public sewer facilities to such new construction; and
3. 
If a public sanitary sewer system will be available to be connected to such property within a six-year period as indicated in an official City document or plan, the builder or developer may be required to install, at the builder's, developer's or owner's sole cost and expense, dry pipes from the nearest public right-of-way to such new construction.
4. 
Any proposed on-site sewerage disposal in the Lakeside residential zoning area must have specific approval of the City of Lake Lotawana Board of Aldermen.
[R.O. 2004 § 700.170; CC 1978 § 68.040]
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof.
[R.O. 2004 § 700.180; CC 1978 § 68.050]
A. 
There shall be two (2) classes of building sewer permits:
1. 
For residential service, and
2. 
For commercial and industrial service.
B. 
In either case, the owner or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Director of Public Works. A fee as set forth in the Comprehensive Schedule of Fees and Charges[1] shall be paid to the City at the time the application is filed.
[Ord. No. 17-02, 3-7-2017]
[1]
Editor's Note: See § 100.230 of this Code.
[R.O. 2004 § 700.190; CC 1978 § 68.060; Ord. No. 912 § 1, 5-18-2010]
All costs and expenses incident to the installation, connection, maintenance and repair of the building sewer shall be borne by the owner. The owner shall indemnify the City for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
[R.O. 2004 § 700.200; CC 1978 § 68.090; Ord. No. 700 § 3, 12-16-2003]
A separate and independent building sewer shall be provided for every building except where one (1) building stands at the rear of another on 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 extended to the rear building and the whole considered as one (1) building sewer and except where an on-site sewage disposal system is utilized in accordance with the provisions of Section 700.160 and Title IV of this Code.
[R.O. 2004 § 700.210; CC 1978 § 68.100]
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.
[R.O. 2004 § 700.220; CC 1978 § 68.110]
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 Codes 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 in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
[R.O. 2004 § 700.230; CC 1978 § 68.120]
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
[R.O. 2004 § 700.240; CC 1978 § 68.130]
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
[R.O. 2004 § 700.250; CC 1978 § 68.140; Ord. No. 462 §§ I — II, 11-17-1988]
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. Only one (1) building per lot or platted acreage may be connected.
[R.O. 2004 § 700.260; CC 1978 § 68.150]
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 by the City.
[R.O. 2004 § 700.270; CC 1978 § 68.160]
All excavations for the 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.
[R.O. 2004 § 700.280; CC 1978 § 68.190]
No person shall discharge or cause to be discharged any storm water, 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.
[R.O. 2004 § 700.290; CC 1978 § 68.200]
Stormwater and all other unpolluted drainage shall be discharged to a natural outlet. Industrial cooling water or unpolluted process waters may be discharged to natural outlet.
[R.O. 2004 § 700.300; CC 1978 § 68.210]
A. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
2. 
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 two (2) mg/l as CN in the wastes as discharged to the public sewer.
3. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the 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., whether whole or ground by garbage grinders.
4. 
Any waters or wastes having five-day biochemical oxygen demand greater than three hundred (300) parts per million by weight, containing more than three hundred fifty (350) parts per million by weight of suspended solids, or having an average daily flow greater than two percent (2%) 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/her expense such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to three hundred (300) parts per million by weight, reduce the suspended solids to three hundred fifty (350) parts per million by weight, or control the quantities and rates of discharge of such waters 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 said approvals are obtained in writing.
5. 
Any waters or wastes having a pH lower than five and one-half (5.5) or in excess of nine and one-half (9.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
[R.O. 2004 § 700.310; CC 1978 § 68.220]
A. 
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/her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows or 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:
1. 
Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150° F.) Sixty-five degrees Celsius (65° C.).
2. 
Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32° F.) and one hundred fifty degrees Fahrenheit (150° F.) [zero degrees Celsius (0° C.) and sixty-five degrees Celsius (65° C.)].
3. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
4. 
Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
5. 
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 exceeds the limits established by the Superintendent for such materials.
6. 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Missouri Water Pollution Board[1] as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
[1]
Editor's Note: See now the Missouri Clean Water Commission.
7. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Missouri Water Pollution Board in compliance with applicable State or Federal regulations.
8. 
Materials which exert or cause:
a. 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b. 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d. 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
9. 
Waters or wastes containing substances such as sanitary napkins, disposable diapers, etc., which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable 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.
[R.O. 2004 § 700.320; CC 1978 § 68.230]
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 700.310, 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 or constitute a public nuisance, the City may:
1. 
Reject the wastes;
2. 
Require pretreatment to an adequate condition for discharge to the public sewers;
3. 
Require control over the quantities and rates of discharge; and/or
4. 
Require 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 700.370 of this Chapter.
[R.O. 2004 § 700.330; CC 1978 § 68.240]
Grease, oil, and sand 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 required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Missouri Water Pollution Board,[1] and shall be located as to be readily and easily accessible for cleaning and inspection.
[1]
Editor's Note: See now the Missouri Clean Water Commission.
[R.O. 2004 § 700.350; CC 1978 § 68.260]
When required by the City, 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/her expense, and shall be maintained by him/her so as to be safe and accessible at all times.
[R.O. 2004 § 700.360; CC 1978 § 68.270]
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four hour composites of all outfalls whereas pHs are determined from periodic grab samples.)
[R.O. 2004 § 700.370; CC 1978 § 68.280]
No statement contained in this Chapter shall be construed as preventing any special agreement or arrangement 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 therefor, by the industrial concern.
[R.O. 2004 § 700.380; CC 1978 § 68.290]
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
[R.O. 2004 § 700.390; CC 1978 § 68.300]
A. 
The Director of Public Works and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Article. The Director of Public Works or his/her representative 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.
B. 
While performing the necessary work on private properties referred to in Subsection (A) above, the Director of Public Works 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 the 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 as may be caused by negligence or failure of the company to maintain safe conditions as required in Section 700.350.
C. 
The Director of Public Works and 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 said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[R.O. 2004 § 700.400; CC 1978 § 68.310; Ord. No. 575 § 68.310, 3-19-1996]
A. 
Whenever the Director of Public Works of the City of Lake Lotawana finds the sanitary facilities of any house, building, dwelling, or any other premises used as human habitation to be in such condition as may be considered dangerous or injurious to the health, safety, welfare of the occupants of such premises, and/or to the health, safety, welfare or morals of the neighboring residents of the City, or which have a blighting influence on properties in the area, however or by whomever caused, such Director of Public Works shall notify the owner and the occupant of such premises, in writing, by certified or registered mail, or by personal service, stating that the condition of the sanitary facilities of said property is detrimental to the health of the community, and that said condition of the property must be abated within ten (10) days. If, after ten (10) days, the condition has not been abated, the Director of Public Works shall post the premises as unfit for human habitation. If the premises are occupied after such posting, the occupant, tenant and owner shall be in violation of this Chapter and guilty of a misdemeanor.
B. 
The failure of any owner, tenant or occupant of any premises in the City of Lake Lotawana to permit entry to any property by the Director of Public Works, or any other duly authorized employee of the City bearing proper credentials and identification, or any other duly authorized agent of the City bearing proper credentials and identification, for the purpose of inspection, observation, measurement, sampling and testing, as permitted by Section 700.390, shall result in disconnection of each sewer line connecting the property to the City sewer system. The sewer line will not be reconnected to the City sewer system until inspection has been permitted, all violations revealed by such inspection have been completely abated, and all fees for disconnection and reconnection of the sewer line have been paid in full. In addition to disconnection of the sewer line from the City sewer system, each day that an inspection is not permitted shall be a separate violation of Section 700.390, subject to imposition of a fine as set forth in the Comprehensive Schedule of Fees and Charges,[1] and payment of expenses, loss or damage incurred by the City of Lake Lotawana as provided by Subsection (E) hereof.
[Ord. No. 17-02, 3-7-2017]
[1]
Editor's Note: See § 100.230 of this Code.
C. 
Any person found to be in violation of any provision of this Chapter, other than Subsection (A) or Subsection (B) of this Section and Section 700.380, shall be given notice in writing, sent by certified or registered mail, by personal service, stating the nature of the violation and providing a reasonable time limit for the abatement thereof. The offender shall within the time period stated in the notice permanently cease all violations. Failure to completely abate the condition within the time stated in the notice shall result in disconnection of the sewer line connecting improvements on the property to the main sewer line of the City. The sewer line will not be reconnected until the condition is completely abated and all fees for disconnection and reconnection of the sewer line have been paid in full.
D. 
Any person who shall continue any violation of the provision of this Chapter beyond the time limit set forth in any notice provided for in this Chapter shall be guilty of a misdemeanor. Upon conviction a fine shall be imposed as set forth in the Comprehensive Schedule of Fees and Charges[2] for each violation. Each day in which a violation shall continue shall be a separate offense.
[2]
Editor's Note: See § 100.230 of this Code.
E. 
Any person who violates the provisions of this Chapter shall pay the City all expenses, loss or damage incurred by the City by reason of such violation, including, but not limited to, sewer disconnection and reconnection fees, costs incurred in service of notices and reasonable attorneys' fees.