Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
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 (1.5 meters) outside the inner face of
the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
The City Manager or his authorized representative.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
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 1/2 inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
A sewer which carries sewage and to which stormwater, surface
water, and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such groundwater, surface water, and stormwater as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage, or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation.
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
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.
A channel in which a flow of water occurs, either continuously
or intermittently.
The City Manager is hereby authorized to make
such rules and regulations as may be deemed proper and necessary for
the safe and efficient management, operation, and protection of the
wastewater system.
A.
It shall be unlawful for any persons to place, deposit,
or permit to be deposited in any unsanitary manner on public or private
property within 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 jurisdiction of the City any sewage or other polluted waters,
except where suitable treatment has been provided in accordance with
the subsequent provisions of this article.
C.
Except as hereinafter provided, 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 wastewater.
D.
The owner of all houses, buildings, or properties
used for human employment, recreation, or other purposes, 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 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 chapter within 90 days after date of official notice to do
so, provided that said public sewer is within 500 feet of the property
line.
E.
The owner of all houses, buildings or properties used
for human employment, recreation or other purposes, situated within
the City, whose property line is beyond 500 feet from a public sewer
must obtain a statement of nonavailability of sewer service from the
City. This would not, though, preclude the City Manager from certifying
the availability of a public sewer should one be constructed within
500 feet of the property line.
A.
The owners of any real estate who wish to connect
to the wastewater system shall make application for and obtain a permit
to connect the premises owned by them to the wastewater system and
to discharge usual and ordinary wastewater from the premises into
the wastewater system.
B.
Any owners desiring to connect to the wastewater system
shall apply in writing to the Department for permit to do so. Such
application shall be furnished by the City and shall contain the following
information:
C.
If the application is in due and proper form, the
permit shall be issued upon payment of the required connection fees.
D.
Conditions.
(1)
Any permit issued under the authority of this section
is issued subject to the following conditions, and the acceptance
of this permit by the applicant shall be acceptance of the conditions:
(a)
The permit holder shall make the connection
at his own expense and with such pipe and material as is approved
by the City Manager.
(b)
The owner of the premises shall properly maintain
at his own expense said connection and connecting line, such maintenance
being subject to the inspection of the City Manager.
(c)
Such connection will be made in the manner and
at the place as directed by the City Manager.
(d)
No other property other than that for which
the permit was issued shall be served by an extension of or connection
to the connection herein permitted.
(e)
The facility for which the permit was allowed
shall not be changed without the written consent of the City Manager.
(f)
All legal and proper wastewater system charges
as may be fixed from time to time by the City shall be paid.
(2)
The conditions of this permit shall be considered
covenants running with the land, and compliance with the above conditions
shall be binding on all future owners of the premises.
E.
The permit to be issued hereunder shall contain the
following information:
F.
The permit shall be dated and signed by the City Manager.
G.
If the permit holder or present or future owners of
the premises for which the permit was issued shall fail to comply
with the conditions of the permit as herein provided, the City shall
have the right to discontinue wastewater service for the premises
until such time as said conditions are complied with. In the event
that the City exercises its right to discontinue wastewater service
to said premises, it may discontinue such service after giving 10
days' written notice mailed to the owner of the premises involved
at his last known place of residence, said notice to state the reasons
for such discontinuance and when said discontinuance will occur.
A.
No unauthorized 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 Manager.
C.
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.
D.
A separate and independent building sewer shall be
provided for every building, except that where one 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, courtyard, or driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer.
E.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the City Manager, to meet all requirements of this chapter.
F.
The size, slope, alignment, materials of construction
of a building sewer, and the methods 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.
G.
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 wastewater system, wastewater carried by such building drain
shall be lifted by an approved means and discharged to the building
sewer.[1]
H.
No person shall make connection of roof downspouts,
interior and 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 the public
wastewater system.
I.
The connection of the building sewer into the public
wastewater system 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 gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the City Manager before
installation.
J.
The applicant for the building sewer permit shall
notify the City Manager when the building sewer is ready for inspection
and connection to the public wastewater system. The connection shall
be made under the supervision of the City Manager.
K.
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.
The tapping or connecting of premises with main
or intercepting sewers is hereby prohibited, unless a special permit
or permission has been granted by the City Manager, which permit shall
be subject to such conditions as may be by him specified. It shall
be unlawful for any person to make any connection with any lateral
sewer of the wastewater system without first obtaining a connection
permit.
A.
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 the wastewater
system.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated storm
sewers or to a natural outlet approved by the City Manager. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the City Manager, to a storm sewer or natural outlet.
C.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to the public wastewater
system:
(1)
Any gasoline, oil, 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
wastewater treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving waters
of the wastewater treatment plant, including but not limited to cyanides
in excess of two milligrams per liter as CN in the wastes as discharged
to the public wastewater system.
(3)
Any waters or wastes having a pH lower than 5.5 or
having any corrosive property capable of causing damage or hazard
to structures, equipment, and personnel of the wastewater system.
(4)
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 wastewater system, such
as, but not limited to, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, whey, buttermilk,
carcasses or hides of dead animals or fowls, underground garbage,
whole blood, paunch manure, hair and fleshings, entrails, paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
D.
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 City Manager that such waste
can harm either the wastewater collection system, the wastewater treatment
process, or equipment, have adverse effect on the receiving stream,
or can otherwise endanger life, limb, or public property or constitute
a nuisance. In forming his opinion as to the acceptability of these
wastes, the City Manager will give consideration to such factors as
the quantity of subject wastes in relation to flows and velocities
in the sewers, materials of construction of the sewers, nature of
the wastewater treatment process, capacity of the wastewater treatment
plant, degree of treatability of wastes in the wastewater treatment
plant, and other pertinent factors. The substances prohibited are
as follows:
(1)
Any liquid or vapor having a temperature higher than
150° F. (65° C.).
(2)
Any water or wastes containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32° F. and 150° F. (0° C. and 65° C.).
(3)
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 0.76 horsepower metric or greater shall be subject to the
review and approval of the City Manager.
(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 wastewater at the wastewater treatment plant
exceeds the limits established by the City Manager 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 City Manager as necessary,
after treatment of the composite wastewater, to meet the requirements
of state, federal or other public agencies of jurisdiction for such
discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the City Manager
in compliance with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
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 or sodium sulfate.
(b)
Excessive discoloration, such as, but not limited
to, dye wastes and vegetable tanning solutions.
(c)
Unusual biochemical oxygen demand (BOD), chemical
oxygen demand (COD), or chlorine requirements in such quantities as
to constitute a significant load on the wastewater treatment plant.
(d)
Unusual volume of flow or concentration of wastes
constituting slugs as defined herein.
(10)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the wastewater treatment
process employed or are amenable to treatment only to such degree
that the wastewater treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
(11)
Any waters or wastes having a five-day BOD greater
than 300 parts per million by weight, or containing more than 300
parts per million by weight of suspended solids, or having an average
daily flow greater than 2% of the average wastewater flow of the City,
shall be subject to the review of the City Manager. When necessary
in the opinion of the City Manager, the owner shall provide, at his
expense, such preliminary treatment as may be necessary to reduce
the BOD to 300 parts per million by weight, or reduce the suspended
solids to 300 parts per million by weight, or control the quantities
and rates of discharge of such waters or wastes. Plans, specifications,
and other pertinent information relating to proposed preliminary treatment
facilities shall be submitted for the approval of the City Manager,
and no construction of such facilities shall be commenced until said
approvals are obtained in writing.
E.
If any waters or wastes are discharged or are proposed to be discharged to the public wastewater system, which waters contain the substances or possess the characteristics enumerated in Subsection D and which in the judgment of the City Manager may have a deleterious effect upon the wastewater works, process, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the City Manager may reject the wastes, require pretreatment to an acceptable condition for discharge to the public wastewater system, require control over the quantities and rates of discharge, and/or require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or wastewater charges. If the City Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Manager and subject to the requirements of all applicable codes, ordinances, and laws.
F.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the City Manager, 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 City Manager and shall be located as to be readily
and easily accessible for cleaning and inspection.
G.
Where preliminary treatment or 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 expense.
H.
When required by the City Manager, 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 City Manager. The manhole shall
be installed by the owner at his expense and shall be maintained by
him so as to be safe and accessible at all times.
I.
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 wastewater system 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 wastewater
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 pH's are determined by periodic
grab samples.)
J.
No statement contained in this article 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 the payment therefor by the industrial concern.
A.
Where the public wastewater system is not available under the provisions of § 580-22, the building sewer shall be connected to a private wastewater system complying with the provisions of this section.
B.
Before commencement of construction of a private wastewater
system, the owner shall first obtain a written permit signed by the
City Manager. 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 City Manager. A permit and inspection fee of $25 shall be paid
to the City at the time the application is filed.
C.
A permit for a private wastewater system shall not
become effective until the installation is completed to the satisfaction
of the City Manager. The City shall be allowed to inspect the work
at any stage of construction, and, in any event, the applicant for
the permit shall notify the City Manager when the work is ready for
final inspection and before any underground portions are covered.
The inspection shall be made within 72 hours of the receipt of notice
by the City Manager.
D.
The type, capacities, location, and layout of a private
wastewater system shall comply with all recommendations of the City
and the Kansas Department of Health and Environment. No permit shall
be issued for any private wastewater system employing subsurface soil
absorption facilities where the area of the lot is less than one acre.
No septic tank or cesspool shall be allowed to discharge to any natural
outlet.
E.
At such time as a public wastewater system becomes available to a property served by a private wastewater system, as provided in § 580-22, a direct connection shall be made to the public system in compliance with this chapter, and any septic tanks, cesspools, and similar private systems shall be abandoned and filled with suitable material.
F.
The owner shall operate and maintain the private wastewater
facilities in a sanitary manner at all times, at no expense to the
City.
G.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Department of Health and Environment.
H.
When a public wastewater system becomes available,
the building sewer shall be connected to said system within 90 days
and the private wastewater system shall be cleaned of sludge and filled
with clean bank-run gravel or dirt.
No unauthorized person shall maliciously or
willfully break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is part of the wastewater
system.
A.
The City Manager 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 chapter. The City Manager or his 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 waterways or wastewater system.
B.
While performing the necessary work on private properties referred to in Subsection A, the City Manager 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.
C.
The City Manager 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 wastewater system 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.
A.
Generally. The City will, where deemed necessary and
advisable by the governing body, provide wastewater service and extend
the wastewater system, pursuant to the conditions in this section.
B.
Compliance with City's rules, etc. All customers obtaining
wastewater service from the public wastewater system shall conform
to all rules, regulations, ordinances, rates, and conditions of service
now in effect or which may be adopted by the City in the future.
C.
Requests for extensions. Requests for wastewater system
extensions shall be presented to the City Manager in writing and shall
contain all information required by the City Manager.
D.
Right to refuse or limit service. The City reserves
the right to refuse service, or to limit service, where the extension
of service conflicts with the general policy of the City or jeopardizes
service to then existing customers.
E.
Platting required.
(1)
No wastewater system extensions shall be constructed
by the City for the purpose of providing wastewater service into any
unplatted areas either inside or outside the City limits until said
areas have been platted in conformity with the ordinances of the City
and approved by the City.
(2)
In small unplatted areas which are adjacent to the
public wastewater system, which areas in the opinion of the City cannot
properly be platted until other adjacent areas are also platted, in
order to conform to the City's Master Plan, the City may provide wastewater
service to the owners of said small areas executing an "agreement
to plat" upon such terms as required by the City.
F.
Acceptance of wastewater.
(1)
Acceptance of wastewater from outside the City will
be made only:
(a)
In conformance with laws governing county benefit
districts.
(b)
Where the entire cost of the wastewater system
serving industrial establishments or subdivisions is paid by individuals,
corporations, or others.
(c)
Where isolated property borders the existing
public wastewater system and where said isolated property owner makes
payment to the City for said connection in accordance with established
wastewater connection fees.
(d)
Under such other terms as the City may prescribe.
(2)
Acceptance of wastewater from individuals, subdivisions,
benefit districts, institutions, or industrial establishments will
be at points of connection to the City wastewater system where adequate
capacity is available (or where the City proposes to make adequate
capacity available) and all such proposed connections shall be at
points designated by the City.
G.
Supervision and approval of construction. All sewers
and appurtenances, including house connections, shall be constructed
in accordance with designs, sizes, materials, plans, specifications,
and construction supervision approved by the City.
H.
Wastewater system to belong to City if area annexed.
All wastewater lines constructed in areas outside the City which contribute
to the City's wastewater system shall become the property of the City
when, and if, the areas in which the lines are located are annexed
to the City, and the City's ownership and responsibility therefor
shall be on the same basis as if the lines were originally constructed
within the City. The City will not, however, accept responsibility
for the indebtedness incurred in the original construction of the
wastewater lines except to the extent required by law.
I.
Construction of wastewater lines and appurtenances
by City. All wastewater lines and appurtenances will be constructed
by the City in accordance with its designs, plans, and specifications,
and provisions for financing established by the City.
