Chapter XV · Utilities

ARTICLE 2. SEWER

Sections 15-201 to 15-245 · 45 sections

15-201 Definitions.

BOD (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 20oC, expressed in milligrams per liter. 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 (1.5 meters) outside the inner face of the building wall.

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

Combined Sewer — shall mean a sewer receiving both surface runoff and sewage.

Garbage — shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial Wastes — shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

Natural Outlet — shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

Person — shall mean any individual, firm, company, association, society, corporation, or group.

pH — shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly Shredded Garbage — shall mean 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 sewer, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

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

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

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

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

Sewage Works — shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Sewer — shall mean a pipe or conduit for carrying sewage. Shall is mandatory; May is permissive.

Slug — shall mean 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 24 hour concentration or flows during normal operation.

Storm Drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Superintendent — shall mean the utilities superintendent of the city, or his or her authorized deputy, agent, or representative.

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.

Watercourse — shall mean a channel in which a flow of water occurs, either continuously or intermittently.

W.P.C.F. — shall mean Water Pollution Control Federation.

(Ord. 276, Art. 1, Secs. 1:23)

15-202 Disposal of sewage.

It shall be unlawful for any person to place, deposit, or permit to be deposited in an 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. 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, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Ord. 276, Art. II, Secs. 1:2)

15-203 Privy unlawful.

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 sewage.

(Ord. 276, Art. II, Sec. 3)

15-204 Sewer connection required.

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 not 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 the public sewer is within 100 feet (30.5) meters of the property line.

(Ord. 276, Art. II, Sec. 4)

15-205 Private sewer system.

Where a public sanitary or combined sewer is not available under the provisions of section 15-204, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 276, Art. III, Sec. 1)

15-206 Same; permit.

Before commencement of construction of a private sewage ‘disposal system the owner shall first obtain a written permit signed by the utilities superintendent or his or her designated agent. The application of 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 utilities superintendent or his or her designation agent. A permit and inspection fee of $100 shall be paid to the city at the time the application is filed.

(Ord. 276, Art. III, Sec. 2; Code 1989; Ord. 577; Code 2017)

15-207 Same; inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the utilities superintendent or his or her designated agent. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the utilities superintendent or his or her designated agent 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 utilities superintendent or his or her designated agent.

(Ord. 276, Art. III, Sec. 3)

15-208 Same; discharge.

(a)The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. 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 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any 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 15-204, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Ord. 276, Art. III, Secs. 4:5)

15-209 Same; expense.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(Ord. 276, Art. III, Sec. 6)

15-210 Same; additional requirements.

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

(Ord. 276, Art. III, Sec. 7)

15-211 Same; connection.

When a public sewer becomes available, the building sewer shall be connected to the sewer within 90 days after date of official notice to connect, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(Ord. 276, Art. III, Sec. 8)

15-212 Permit.

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 utilities superintendent or his or her designated agent.

(Ord. 276, Art. IV, Sec. 1)

15-213 Same; connection fee.

There shall be two classes of building sewer permits:

(a)For residential and commercial service; and

(b)For service to establishments producing industrial wastes.

In either case, the owner or his or 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 utilities superintendent or his or her designated agent. A permit and inspection fee of $1,000.00 for a residential or commercial building sewer permit and $1,000.00 for an industrial building sewer permit shall be paid to the city at the time the application is filed. Grease traps are required for those commercial/industrial operations when applicable.

(Ord. 436, Sec. 1; Code 2003; Ord. 577; Code 2017)

15-214 Costs.

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.

(Ord. 276, Art. IV, Sec. 3)

15-215 Sewer for each building.

A separate and independent building sewer shall be provided for every building.

(Ord. 276, Art. IV, Sec. 4)

15-216 Same; old building sewers; use.

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

(Ord. 276, Art. IV, Sec. 5)

15-217 Same; specifications.

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 code 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 A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(Ord. 276, Art. IV, Sec. 6)

15-218 Same.

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.

(Ord. 276, Art. IV, Sec. 7)

15-219 Roof; foundation drains.

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 a public sanitary sewer.

(Ord. 276, Art. IV, Sec. 8)

15-220 Same; codes and regulations to apply.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. 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 utilities superintendent or his or her designated agent before installation.

(Ord. 276, Art. IV, Sec. 9)

15-221 Same; inspection.

The application for the building sewer permit shall notify the utilities superintendent or his or her designated agent, when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the utilities superintendent or his or her designated agent.

(Ord. 276, Art. IV, Sec. 10)

15-222 Sewer excavations.

All excavations for building sewer installations 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.

(Ord. 276, Art. IV, Sec. 11)

15-223 Prohibited discharge.

(a)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.

(b)Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the utilities superintendent or his or her designated agent, to a storm sewer or natural outlet.

(Ord. 276, Art. V, Secs. 1:2)

15-224 Same.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a)Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b)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 mg/1 as CN in the wastes as discharged to the public sewer.

(c)Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(d)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, mild containers, etc., either whole or ground by garbage grinders.

(Ord. 276, Art. V, Sec. 3)

15-225 Same.

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 utilities superintendent or his or her designated agent 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 or her opinion as to the acceptability of these wastes, the utilities superintendent or his or her designated agent will give consideration to such factors as the quantities of subject wastes in relation to flows and 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:

(a)Any liquid or vapor having a temperature higher than 150° F (65° C).

(b)Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F (0° and 65° C).

(c)Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the utilities superintendent or his or her designated agent.

(d)Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(e)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 utilities superintendent or his or her designated agent for such materials.

(f)Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the utilities superintendent or his or her designated agent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(g)Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the utilities superintendent or his or her designated agent, in compliance with applicable state or federal regulations.

(h)Any waters or wastes having a pH in excess of (9.5).

(i)Materials which exert or cause:

(1)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).

(2)Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3)Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4)Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(j)Waters or wastes containing substances 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.

(k)Any waters or wastes having (1) a five-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the utilities superintendent or his or her designated agent. Where necessary in the opinion of the utilities superintendent or his or her designated agent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to

(1)reduce the biochemical oxygen demand to 300 parts per million by weight, or

(2)reduce the suspended solids to 350 parts per million by weight, or (3) 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 utilities superintendent or his or her designated agent and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 276, Art. V, Sec. 4)

15-226 Same; superintendent; option.

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which wastes contain the substances or possess the characteristics enumerated in section 15-225 of this article, and which in the judgement of the utilities superintendent or his or her designated agent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the utilities superintendent or his or her designated agent may:

(a)Reject the wastes;

(b)Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)Require control over the quantities and rates of discharge; and/or,

(d)Requirement 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 15-231 of the article.

If the utilities superintendent or his or her designated agent 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 utilities superintendent or his or her designated agent, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 276, Art.V, Sec. 5)

15-227 Interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the utilities superintendent or his or her designated agent, 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 utilities superintendent or his or her designated agent, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 276, Art. V, Sec. 6)

15-228 Preliminary treatment; costs.

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 or her expense. (Ord. 276, Art. V, Sec. 7)

15-229 Manhole; meters; etc.

When required by the utilities superintendent or his or her designated agent, 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 utilities superintendent or his or her designated agent. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all time.

(Ord. 276, Art. V, Sec. 8)

15-230 Measurements; etc.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article 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 the 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 24-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 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)

(Ord. 276, Art. V, Sec. 9)

15-231 Special agreements.

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 payment therefore, by the industrial concern.

(Ord. 276, Art. V, Sec. 10)

15-232 Damage to sewers.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under Article 6 of the Uniform Public Offense Code for Kansas Cities.

(Ord. 276, Art. VI, Sec. 1)

15-233 Inspection by superintendent.

The utilities superintendent or his or her designated agent, 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 utilities 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.

(Ord. 276, Art. VII, Sec. 1)

15-234 Safety rules to be observed.

While performing the necessary work on private properties referred to in section 15-233 above, the utilities 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 operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-229.

(Ord. 276, Art. VII, Sec. 2)

15-235 Inspector; private properties.

The utilities 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 done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 276, Art. VII, Sec. 3)

15-236 Notice of violation.

Any person found to be violating any provision of this article, except section 15-232, shall be served by the city, with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(Ord. 276, Art. VIII, Sec. 1)

15-237 Penalty.

(a)Any person who shall continue any violation beyond the time limit provided for in section 15-237, shall be guilty of a code violation and on conviction thereof shall be fined in the amount not exceeding $100 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

(b)Any person violating any of the provisions of this article shall become liable to the city, for any expense, loss, or damage occasioned the city, by reason of such violation.

(Ord. 276, Art. VIII, Secs. 1:2)

15-238 Sewer service charges.

(a)The user charge system shall generate adequate annual revenue to pay costs of annual operation and maintenance including replacement which the city may by ordinance designate to be paid by the user charge system.

(b)The total user charge collected is designated for operation and maintenance including replacement purposes as established in this article and shall be deposited in a separate non-lapsing fund known as the operation, maintenance and replacement fund and will be kept in two primary accounts as follows:

(1)A fund designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment facility (operation and maintenance).

(2)A fund designated for the specific purpose of ensuring replacement needs over the useful life of the treatment facility (replacement fund). Deposits in replacement fund shall be made annually from the operation, maintenance and replacement revenue in the amount of $5,000.

(c)Fiscal year-end balances in the operation and maintenance fund and the replacement fund shall be carried over to the same fund in the subsequent fiscal year, and shall be used for no other purposes than those designated for these funds. 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 funds upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred moneys will be returned to their respective funds within the fiscal year following the fiscal year in which the moneys were borrowed.

(d)Each user shall pay for the services provided by the city based on his or her use of the treatment facility as determined by water meters acceptable to the city.

(e)For residential contributors, monthly user charges will be based on average monthly water usage during the months of December, January, February, and March. If a residential contributor has not established a December, January, February, and March average, his or her monthly user charge shall be the average charge.

(f)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 collection system, the user charge for that contributor may be based on a wastewater meter or separate water meter installed and maintained at the contributor’s expense, and in a manner acceptable to the city.

(g)The Governing Body of the City hereby deems, fixes and establishes the rates for sewer to customers of the municipality owned sewer utility of the City as follows: The minimum charge per month shall be $17.01. In addition, each contributor shall pay a user charge for operation and maintenance, including replacement, of $3.36. Each contributor shall also pay an additional pro-rated amount for each gallon above 1,000 gallons at the rate of $3.36 per 1,000 gallons of water (or wastewater) as determined in subsection (e) and (f).

(h)Commercial contributors shall be determined by sales tax and/or those other than residential or not for profit organizations. 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 will be determined by the city on an individual basis.

(i)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 facility, 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 facility, shall pay for such increases costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the city council.

(j)The user charge rates established in this article apply to all users, regardless of their location, of the city’s treatment facility, and may be revised once annually as allowed in subsection (m).

(k)The city will review the user charge system by the end of April each year 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. 305, Sec. 1; Ord. 331, Sec. 1; Ord. 453, Sec. 1; Code 2003; Code 550; Code 2017)

15-239 Billing; discontinuance of water service.

Bills for sewage disposal system services shall be due on the date shown on the bill, and at the option of the city such charges for sewage disposal system service may be billed on statement rendered for the payment of water bills, and if any bill is not paid by 15 days after the date on the bill, the bill shall be considered delinquent, and if the same becomes delinquent, 5 percent shall be added to the amount thereof as a penalty: provided, that in all cases the minimum penalty shall not be less than $.15. Should the service be terminated, there will be a reconnection charge of $30.

(Ord. 153, Sec. 2; Code 1989)

15-240 Collections by city clerk.

The city clerk shall by virtue of his or her office be the collector of accounts due the city for sewage disposal service under the provisions of this article and all funds so collected shall be remitted to the city treasurer, to be held by the city treasurer in a special fund, designated as the “Sewage Disposal Fund” and such revenues shall be used exclusively for the administration, operation, maintenance, repair, replacement extension, enlargement, betterments, depreciation and obsolescence of its sewage disposal system and may be used to pay principal of and interest on any bonds issued on account of the sewer system, either general obligation bonds or revenue bonds or both, except bonds issued for any such project the cost of which is payable from special assessments, and the revenues shall be used for no purpose other than those specified herein, and shall not be applied to the construction or reconstruction of sewers, the cost of which is provided by law to be paid from special assessments in a benefit district.

(Ord. 153, Sec. 3)

15-241 Liens; collection.

In the event any person, firm, corporation, political unit (except the United States and the State of Kansas) or organization living or operating on premises connected to a sanitary sewer shall neglect, fail or refuse to pay the service charges fixed by the governing body for the operation of the sewage disposal system, such charges shall constitute a lien upon the real estate served by the connection to the sewer, and shall be certified by the city clerk to the county clerk to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(Ord. 153, Sec. 4)

15-242 Delinquent accounts.

Water or other utility service shall be terminated for nonpayment of service fees or charges as provided in sections 15-204:205.

(Code 1989)

15-243 Notice; hearing.

(a)A delinquency and termination notice shall be issued by the city clerk within 10 days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b)The notice shall state:

(1)The amount due, plus late payment charge;

(2)Notice that service will be terminated if the amount due is not paid within seven days from the date of the notice;

(3)Notice that the customer has the right to a hearing before the city superintendent or another designated hearing officer;

(4)Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c)Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Code 1989)

15-244 Same; finding.

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city superintendent. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 1989)

15-245 System improvement fee.

All users connected to a sanitary sewer owned, maintained, or operated by the City will pay an appropriate amount for their share of the costs for financing of a mechanical· wastewater treatment facility and necessary system improvements. This fee will be called the Sewer System Improvement Fee.

(a)The total fee collected is designated for replacement and enhancement of the wastewater treatment facility and shall be deposited in a separate non-lapsing fund known as the Sewer Utility Fund.

(b)The minimum charge per month shall be $28.00 and in addition, any user who has a· sewer usage above 20,000 gallons per month as determined in subsections (c) and (d) shall pay an additional $12.50 per month for the next 20,000 gallons of water (wastewater) as determined in subsections (c) and (d). Any user who has a sewer usage above 40,000 gallons per month as determined in subsections (c) and (d) shall be assessed a fee as determined by the responsible administrative authority and approved by the city council.

(c)For residential contributors, usage will be based on average monthly water usage during the months of December, January, February, and March. If a residential contributor has not established a December, January, February, and March average, his or her monthly user charge shall be the average charge.

(d)For industrial and commercial contributors, usage 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 manner uses water which in not returned to the wastewater collection system, the usage for that contributor may be based on a wastewater meter or separate water meter installed and maintained at the contributor’s expense, and in a manner acceptable to the city.

(e)Commercial contributors shall be determined by sales tax and/or those other than residential or not for profit organizations.

(f)For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal fee will be collected. The surcharge will be determined by the city on an individual basis.

(g)The Sewer System Improvement Fee shall be collected during the April 2007 billing cycle and continue for a period of twenty years or such time the governing body votes to retire the fee. The City will review the fee by the end of April each year and may revise the fee as necessary to ensure that the fee generates adequate revenues to pay the costs associated with the construction of a mechanical wastewater treatment facility and the necessary system improvements.

(h)The fee established in this article applies to all users, regardless of their location, of the city’s treatment facility, and may be revised annually as allowed in subsection (g).

(Ord. 513; Ord. 550; Ord. 580; Ord. 593; Code 2017)