It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.
(Ord. 611 § 1 (part), 1980)
Unless otherwise indicated by the specific context, the meanings of the terms used in this chapter are as follows:
A. 
"BOD (denoting Biochemical Oxygen Demand)"
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter.
B. 
"City"
means the city of Valley Center, Kansas.
C. 
"Governing body"
means the mayor and city council of the c city.
D. 
"Normal domestic waste"
means normal wastewater for the city in which the average concentration of suspended solids is established at two hundred fifty milligrams per liter (250 mg/l); the average concentration of five-day BOD is established at two hundred sixty milligrams per liter (260 mg/l).
E. 
"Operation and maintenance"
means all expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the wastewater works to achieve the capacity and performance for which such works were designed and constructed.
F. 
"Replacement"
means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.
G. 
"Residential user"
means any contributor to the city's treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.
H. 
"Shall"
is mandatory, "may" is permissive.
I. 
"Suspended solids (SS)"
means solids that either float on the surface of, or are suspended in water, sewage or other liquids which are removable by laboratory filtering.
J. 
"Treatment works"
means any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature to implement section 201 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500) and Pub. L. 93-243, or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including intercepting sewers, outfall sewers, wastewater collection systems, individual systems pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clearwell facilities and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm runoff, or industrial waste, including waste in combined stormwater and sanitary sewer systems.
K. 
"Useful life"
means the estimated period during which treatment works will be operated.
L. 
"User"
means any dwelling unit, business, firm, company, association, society, corporation or group which contributes waste-water either directly or indirectly to the treatment works.
M. 
"User charge"
means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, replacement and debt retirement of the wastewater treatment works.
N. 
"Wastewater"
means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters that may be present.
O. 
"Water meter"
means a water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.
(Ord. 611 § 1 (part), 1980)
The user charge system shall generate annual revenues to pay the costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the city may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this chapter.
(Ord. 611 § 1 (part), 1980)
That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 12 60.041, shall be deposited in a separate nonlapsing fund known as the operation, maintenance and replacement fund and will be kept in two primary accounts as follows:
A. 
An account designated for the specific purpose of defraying operation and maintenance costs of the treatment works hereinafter known as the operation and maintenance account;
B. 
An account designated for the specific purpose of ensuring the replacement needs over the useful life of the treatment works hereinafter known as the replacement account. Deposits in the replacement account shall be made at least annually from the operation, maintenance and replacement revenue in the amount of five thousand forty-one dollars a annually.
(Ord. 611 § 1 (part), 1980)
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacements The user charge rates shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.
(Ord. 611 § 1 (part), 1980)
Each user shall pay for the services provided by the city based on his use of the treatment works as determined by water meter(s) acceptable to the city.
(Ord. 611 § 1 (part), 1980)
A. 
For residential contributors, monthly user charges will be based on the average monthly water usage during the months of January, February, and March of each year. If a residential contributor has not established a January, February, and March average, his monthly user charge shall be the median charge of all other residential contributors for the first three months of occupancy. After said three-month period, the residential contributor shall be billed on the average monthly actual usage for the first three months of occupancy. Such billing practice shall be made retroactive to April 1, 1982.
B. 
For commercial and industrial contributors, user charges shall be based on water metered during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some 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 contributor's expense, and in a manner acceptable to the city. Said meter(s) shall be open and available for inspection and reading by an authorized city representative.
C. 
If a commercial and/or industrial contributor is using water from any source other than that provided and metered by the city, the monthly bill will be based upon the average water use for all contributors in the city plus any water provided and metered by the city.
(Ord. 611 § 1 (part), 1980; Ord. 645 § 1, 1982)
A. 
Beginning with the July 2010 bill, the base charge per month shall be eighteen dollars and twenty-one cents ($18.21) which will be used to retire capital debt, administrative costs and sludge management. In addition, each contributor shall pay a user charge for operation and maintenance, including replacement, of three dollars and fifteen cents ($3.15) per one thousand (1,000) gallons of water used as determined in Section 12.60.041 of this chapter. In the cases of master water metering using a size of one inch or less where more than one-family unit, business unit, school unit, church or nonprofit organization is receiving individual water service, there shall be charged an additional monthly service demand charge for each additional such unit served by the master meter. In the cases of master water metering using a size of one inch or less where more than one-family unit, business unit, school unit, church or nonprofit organization is served by a shared or common location as determined by inspection by the city administrator or his/her designate, there shall be a demand charge of one and one-half times the minimum monthly charge. In the cases of master water metering using a size of one inch or less where more than one-family unit, business unit, school unit, church or nonprofit organization are served by a shared or common water meter, there shall be charged a monthly service demand charge for each such unit served by the master meter.
B. 
The base rate and user charge rate identified in subsection A above shall individually be increased by multiplying the prior year's rate times nineteen (19) percent beginning with the billing in April 2011 and then two and one-half percent annually in April 2012 and thereafter, this in addition to any other increase made under other sections of this code.
(Ord. 873 § 1, 1997; Ord. 913 § 1, 1999; Ord. 981 § 1, 2000; Ord. 1022, § 1, 2002; Ord. 1112 § 1, 2006; Ord. 1120 § 1, 2006; Ord. 1203, § 1, 5-18-2010)
For contributors who contribute wastewater, the strength of which is greater than normal domestic waste as defined in Section 12.60.020(D), a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
$0.15 per pound BOD
$0.10 per pound SS
(Ord. 611 § 1 (part), 1980; Ord. 1120 § 2, 2006)
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 increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the governing body.
(Ord. 611 § 1 (part), 1980)
A deposit fee in the amount of ten dollars ($10.00) shall be paid by each consumer, at the time application is made for sewer service, as security for payment of all bills. This deposit shall be kept in a separate account and shall bear interest annually at the rate determined by the State Corporation Commission and shall be payable, after deduction for all outstanding sewer bills, at the time service is disconnected, all as set out in K.S.A. 12-822, as amended.
(Ord. 734 § 4, 1988)
The city administrator or his/her designee is authorized to administratively adjust a residential sanitary sewer contributors AWC rate by not more than three thousand (3,000) gallons for special circumstances. Any amount over three thousand (3,000) gallons must be presented to the city council for their authorization of the adjustment. All requests for adjustments due to special circumstances must be submitted in writing, clearly stating the special circumstances and any hardships which have been created. Any adjustment shall remain in effect until the next averaging period (January, February, March). Adjustments may be revoked if, upon review, monthly water consumption regularly exceeds the adjusted AWC.
(Ord. 1261, § 1, 6-4-2013)
A. 
The user charge rates established in Sections 12.60.041, 12.60.042, 12.60.043, 12.60.044 and 12.06.045 for city sewer service shall be billed once each month and rendered on all customers or the owners of record of property connected to the sewer system. Bills so rendered shall include a charge for each month the premises were connected to the sewer system, without regard to whether the premises were occupied or unoccupied during all or part of the billing period.
B. 
All sewer bills rendered in accordance with Sections 12.60.041, 12.60.042, 12.60.043, 12.60.044 and 12.60.045 are due and payable when rendered and shall be deemed delinquent if not paid on or before fifteen (15) days thereafter. On all bills deemed delinquent, a delinquency charge of five percent on the unpaid balance shall be charged.
C. 
A delinquency and termination notice shall be issued five days after a bill is delinquent. The delinquency and termination notice shall provide the customer of record with the following information:
1. 
The amount due on the unpaid balance plus delinquency charge;
2. 
The customer's right to a hearing before the department;
3. 
Notice that service will be terminated in fifteen (15) days if the bill remains unpaid.
D. 
If the customer of record is not the occupant where sewer service is provided, then the department shall provide similar notice to the occupant. The request for a hearing must be no later than three working days before the date of discontinuance. Such hearings shall be conducted by one or more of the following persons: city administrator, city clerk, city superintendent, or such other representative as may be appointed by the city administrator. The department is authorized to discontinue and disconnect sewer service for any customer who shall be delinquent in the payment of bills. Customers are responsible for furnishing the department with their correct addresses for billing purposes.
E. 
No discontinued and disconnected sewer service shall be reconnected until such delinquent bill, delinquent charges and the turn-on charge and reinstallation charge provided for in Section 12.08.030 shall have been paid in full.
F. 
Until paid, delinquent bills shall constitute a lien against the property served, and when they become ninety (90) days delinquent shall be certified by the city administrator to the city clerk who shall cause such charges to be assessed against the property served and collected in the same manner as other special assessments are collected.
(Ord. 611 § 1 (part), 1980; Ord. 699 § 2, 1985; Ord. 734 § 5, 1988)
The city shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs 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. 611 § 1 (part), 1980)
The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.
(Ord. 611 § 1 (part), 1980)
Medical Lodges, Inc., shall be charged the sum of two hundred forty-three dollars and seventy-five cents per month for its connection to the city sanitary sewer system, unless the same is less than the charge computed as required by Section 12.60.043, in which case the larger amount shall be charged.
(Ord. 538 § 2, 1977; Ord. 611 § 3, 1980)