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 waste waters are produced from such manufacturing or processing and said waste waters 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 ground waters 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 2008)
Station A – Mallory & West Washington
Station B – Avenue G & Pierce
Station C – Avenue J & South Paine
Station D, Primary – Avenue G and Holiday
Station E – 1304 West 82nd
Station F – 2 North Moore
(Code 2014; Ord. 2013-03)
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, 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 2008)
(a) 
No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
(b) 
There shall be charged a fee in accordance with Section 4-213 of this code, payable at the time of making application for the permit.
(Code 2014)
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 utility 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 2008)
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. Grinder pumps and any other related material or equipment shall be included in the term building sewer and shall be the responsibility of the owner to purchase and install. 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 2008; Ord. 2006-01, Sec. 1)
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 utility superintendent and at a location designated by the superintendent.
(Code 2008)
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 2008)
The building sewer shall be constructed in compliance with all rules and regulations of the International Plumbing Code and the Uniform Building Code.
(Code 2014)
All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C12-19, except that no backfill shall be placed until the work has been inspected and approved.
(Code 2008)
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 2008)
(a) 
If any person as defined in section 1-102 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 2008)
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 2008)
Where a public sanitary sewer is not available under the provisions of section 15-302 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-311 to 15-316.
(Code 2008)
Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the utility superintendent. The application shall be accompanied by any plans, specifications or other information deemed necessary by the utility superintendent. A permit and inspection fee in accordance with Section 4-213 of this code shall be paid to the city at the time the application is filed.
(Code 2014)
The utility superintendent or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the superintendent when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent.
(Code 2008)
(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 15-302, 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 2008)
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 2008)
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.
(Code 2008; 12-1617g; K.S.A. 12-1617e)
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 2008)
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 2008)
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 2008)
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 2008)
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 2008)
(a) 
It shall be unlawful to connect down spouts 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 2008)
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 re-circulated 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 2008)
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 2008)
(a) 
Bills shall be rendered monthly as provided in article 1 of the chapter and shall be collected as a combined utility bill.
(b) 
Any person at the time of beginning or terminating service who receives service for a period of less than 17 consecutive days shall be billed at no less than one-half of the regular minimum monthly rate. For service of 17 consecutive days or more the charge shall be not less than full regular minimum monthly rate.
(Code 2008)
(a) 
In the event any person, except the United States and the state of Kansas or any political subdivision thereof, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-102:104.
(b) 
In lieu of terminating water service, the governing body may elect to assess such delinquent charges as a lien upon the real estate serviced as provided in section 15-106, and the City Clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in like manner as other taxes are collected.
(Code 2008)
The monthly charge for sewer service shall be as follows:
(a) 
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.
(1) 
For residential contributors, monthly user charges will be based on average monthly water usage during the months of January, February and March. If a residential contributor has not established a January, February and March average, his or her monthly user charge shall be the median charge of all other residential contributors.
(2) 
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 meter or separate water meter installed and maintained at the contributor's expense and in a manner acceptable to the city.
(b) 
The minimum monthly charge shall be as follows:
(1) 
The minimum charge per month shall be $32.50 effective October 1, 2008.
(2) 
The minimum charge per month shall be $36.50 effective April 1, 2009.
(c) 
For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
$0.103 - per pound BOD
$0.013 - per pound SS
(d) 
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 city council.
(e) 
The user charge rates established in this section apply to all users of the city's treatment works.
(Ord. 2008-03, Code 2008; Code 1987, 14-1301:1306)
(a) 
The superintendent 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 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.
(b) 
While performing the necessary work on private properties referred to in subsection (a) 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 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 may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-305(h).
(c) 
The superintendent 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 purposes 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 one in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Code 1987, 14-701:703)
(a) 
The city may 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.
(b) 
The city will 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.
(Code 1987, 14-1501:1502)