CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. SEWER USE REGULATIONS

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 innerface 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)   Garbage - includes wastes from preparation, cooking and consumption of foods and foodstuffs, and market refuse, and wastes from the handling, preparation, storage and sale of foods and foodstuffs;

(e)   PH - shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(f)   Hazardous Wastes -are solid and liquid wastes which require special handling and disposal to protect life and conserve the environment and shall include but is not limited to pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, oils and solvents, asbestos, PCB's and similar chemicals and materials, and shall include containers and materials that have been contaminated with hazardous wastes;

(g)   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.

(h)   Industrial - means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.

(i)    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.

(j)    Refuse - includes garbage and trash;

(k)   Sanitation Officer - is the city manager or his or her authorized assistant.

(l)    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.

(m)  Sewer - shall mean a pipe or conduit for carrying sewage.

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

(o)   Combined Sewers - shall mean sewers receiving both surface runoff and sewage, are not permitted.

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

(q)   Storm Sewer or Storm Drain - shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

(r)    Sewage Treatment Plant - shall mean any arrangement of devices and structures used for treating sewage.

(s)   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.

(t)    Trash - consists of all nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, boxes, wood and excelsior. It shall not include earth and wastes from building, excavation demolition or remodeling work, or any construction work, nor shall it include stumps, free trunks, tree trimmings and limbs resulting from the cuffing down or topping of any tree, nor shall it include wash rack residue and solid wastes resulting from industrial processes and manufacturing operations, nor shall it include any appliances or other bulky items weighing in excess of 50 pounds. None of the foregoing exclusions shall be removable as trash except as provided in this article;

(u)   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.

(v)   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.

(w)  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.

(Ord. 1151, Sec. 1; Code 2006)

(a)   It shall be unlawful for any person to place, deposit or permit to be deposited any human or animal excrement, garbage or other objectionable waste in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city.

(b)   It shall be unlawful to discharge any wastewater or other polluted waters into any natural outlet except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Ord. 1036, Art. II, Secs. 1, 2)

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 within the city.

(Ord. 1036, Art. II, Sec. 3)

The owner(s) of all houses, buildings or properties used for human occupancy, employment recreation or other purposes, situated within the city and abutting any street, alley or right-of-way in which there is now located or may be located in the future, a sanitary sewer of the city is hereby required to install, at his or her expense, toilet faculties therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after the official notice to do so, provided that the public sewer is within 100 feet of the property line.

(Ord. 1036, Art. II, Sec. 4)

Where a public sanitary sewer is not available under the provisions of section 15-504, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 1036, Art. III, Sec. 1)

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the county sanitary officer. 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 director of public works. A permit and inspection fee of $30.00 shall be paid to the city clerk at the time the application is filed.

(Ord. 1036, Art. III, Sec. 2; Code 1985)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the director of public works. 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 director of public works when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the director of public works or his or her representative.

(Ord. 1036, Art. III, Sec. 3; Code 1985)

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Kansas Department of Health and Environment. 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 system shall be permitted to discharge to any natural outlet.

(Ord. 1036, Art. III, Sec. 4)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-508, a direct connection shall be made to the public wastewater collection system 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. 1036, Art. III, Sec. 5)

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

(Ord. 1036, Art. III, Sec. 6)

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

(Ord.1036, Art. III, Sec. 7)

When a public sewer becomes available, the building sewer shall be connected to the sewer within 120 days and the private wastewater disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(Ord. 1036, Art. III, Sec. 8)

(a)   No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance without first obtaining a written permit from the city clerk.

(b)   There shall be two classes of building sewer permits:

(1)   for residential and commercial service, and;

(2)   for service to establishments producing industrial wastes.

In either case, the owner of 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 director of public works. A permit and inspection fee of $25.00 for a residential or commercial building sewer permit and $35.00 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 1036, Art. IV, Secs. 1, 2; Code 1985)

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. 1036, Art. IV, Sec. 3)

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 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.

(Ord. 1036, Art. IV, Sec. 4)

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

(Ord. 1036, Art. IV, Sec. 4)

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 of the city. In the absence of the 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. 1036, Art. IV, Sec. 6)

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. 1036, Art. IV, Sec. 7)

No person shall make connection of roof downspouts, exterior or interior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 1036, Art. IV, Sec. 8)

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 S.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 superintendent before installation.

(Ord. 1036, Art. IV, Sec. 9)

The applicant for the building sewer permit shall notify the director of public works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director of public works or his or her representative.

(Ord. 1036, Art. IV, Sec. 10; Code 1985)

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.

(Ord. 1036, Art. IV, Sec. 11)

(a)   No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, 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 director of public works. Industrial cooling water or unpolluted process waters may be discharged on approval of the director of public works to a storm sewer or natural outlet.

(Ord. 1036, Art. V, Sec. 1, 2; Code 1985)

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 2 mg/l 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 obstructions to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(Ord. 1036, Art. V, Sec. 3)

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 director of public works 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 superintendent 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 plan, 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 waste 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° 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 (.076 hp metric) or greater shall be subject to the review and. approval of the director of public works.

(d)   Any waters or wastes containing strong acid 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 director of public works 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 director of public works as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director of public works 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 and 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 wastewater 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 wastewater treatment processes 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.

(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 director of public works. Where necessary, in the opinion of the director of public works the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to (1) reduce the bio-chemical 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 other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director of public works and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 1036, Art. V, Sec. 4; Code 1985)

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 15-525, and which in the judgment of the director of public works may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or would otherwise create a hazard to life or constitute a public nuisance, the director of public works 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)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or user charges under the provisions of this article.

If the director of public works 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 director of public works, and subject to the requirements of all applicable codes, ordinances, and laws.

(Ord. 1036, Art. V, Sec. 5; Code 1985)

Grease, oil, and sand interceptors shall be provided when, in the opinion of the director of public works, 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 director of public works and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 1036, Art. V, Sec. 6)

Where preliminary treatment of flow-equalizing facilities are provided for any water wastes, they shall be maintained continuously in satisfactory and effective operation by the owner, at his or her expense.

(Ord. 1036, Art. V, Sec. 7)

(a)   When required by the director of public works, 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 construed in accordance with plans approved by the director of public works. 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 times.

(b)   All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be performed by a laboratory approved by the director of public works and 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 the 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 building sewers 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 building sewers whereas pH's and heavy metals are determined from periodic grab samples.)

(c)   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. 1036, Art. V, Secs. 8:10; Code 1985)

No unauthorized person shall maliciously, willfully, or negligently, break, damage, destroy, uncover, deface, or tamper with any structures, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.

(Ord. 1036, Art. VI, Sec. 1)

(a)   The director of public works of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The director of public works shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having 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 (a) above, the director of public works 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 15-529(a).

(c)   The director of public works 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 wastewater collection system lying within said 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. 1036, Art. VII, Secs. 1:3; Code 1985)

(a)   Any person found to be violating any provisions of this article, except section 15-530, 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.

(b)   Any person who shall continue any violation beyond the time limit provided in (a) above, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100.00 for each violation. Each 24 hour period in which any such violation shall continue shall be deemed a separate offense.

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

(Ord. 1036, Art. VIII, Secs. 1:3)

The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.

(Ord. 1036, Art. IX, Sec. 2)