CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 4. SEWERS

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. 

(Ord. 244, Sec. 1)

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. 

(Ord. 244, Sec. 2)

(a)   The owner(s) of all houses, buildings or other 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 not located or may be located in the future, a sanitary sewer of the city is hereby required to install, at his or her own expense, toilet facilities therein and to connect such facilities directly with the proper public wastewater collection system in accordance with the provisions of this article within 90 days after the official notice to do so, provided that the public wastewater collection system is within 150 feet of the property line.

(b)   No sewer connection will be permitted for areas outside the city limits until the developer or owner obtains approval from the governing body. Any sewer lines needed to connect with existing city sewer mains and laterals must conform to city and state specifications for same.

(Ord. 244, Sec. 3)

Any person or persons who shall fail, neglect or refuse to so connect any building or buildings with the sewer system of the city as herein provided, for more than 90 days after being notified in writing by the city to do so, the city may cause the premises and building to be connected with the sewer system.

(K.S.A. 12-631; Ord. 244, Sec. 4)

Whenever it becomes necessary for the city to cause any premises, building, or buildings to be connected with the sewer system the city shall advertise for bids for the construction and making of the sewer connection and shall contract therefor with the lowest responsible bidder and cause the premises to be connected with the sewer system and the costs and expenses thereof shall be assessed against the property and premises so connected, such assessment to be made in the same manner as other special assessments are made.

(K.S.A. 12-631; Ord. 244, Sec. 5)

Where a public sanitary sewer is not available, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article. 

(Ord. 244, Sec. 6)

Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the city sewer superintendent. 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 deemed necessary by the superintendent. A permit and inspection fee as set in the city’s fee resolution shall be paid to the city clerk at the time the application is filed.

(Ord. 244, Sec. 7)

A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the sewer superintendent. 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 sanitation officer when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 96 hours of the receipt of notice by the sanitation officer or his or her representative. 

(Ord. 244, Sec. 8)

The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Kansas Department of Health and Environment. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet when a public water supply is used. In the case of a private water supply, the minimum lot size will be 40,000 square feet. No septic tank or cesspool system shall be permitted to discharge to any natural outlet. 

(Ord. 244, Sec. 9)

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 15-403, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned and filled with clean bank-run gravel, locally available chat, or soil. 

(Ord. 244, Sec. 10)

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

(Ord. 244, Sec. 11)

(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.

(b)   The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the sanitation officer.

(c)   A permit and inspection fee as set in the city’s fee resolution shall be paid to the city clerk at the time the application is filed.

(Ord. 244, Sec. 12)

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. 244, Sec. 13)

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 constructed as one building sewer.

(Ord. 244, Sec. 14)

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

(Ord. 244, Sec. 15)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating and backfilling the trench, installing, jointing and testing the building sewer, shall conform to the International Plumbing Code as adopted by the city. 

(Ord. 244, Sec. 16)

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 collection system, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer. 

(Ord. 244, Sec. 17)

No person shall make connection of roof downspouts, exterior or interior foundation drains, areaway drains, sump pumps, 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 wastewater collection system. 

(Ord. 244, Sec. 18)

The applicant for the building sewer permit shall notify the sewer superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under his or her supervision within 96 hours of receipt of the notice.

(Ord. 244, Sec. 19)

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

(a)   Any gasoline, benzene, naphtha, fuel oil, or any 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 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 ponds.

(c)   Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having any other property capable of causing damage or hazard to structures, equipment or personnel working with the sewer system.

(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 treatment system such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, manure, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(e)   Any other substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, wastewater treatment process or equipment.

(Ord. 244, Sec. 20)

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

(Ord. 244, Sec. 21)

A sewer fund is hereby established as a separate and distinct fund to be used for the operation and maintenance of the city sewer system. 

(Ord. 257, Sec. 1; Code 1997)

A sewer use fee shall be established and shall apply to all service connections to the sewer system as follows:

(a)   For residential users, monthly sewer user charges shall be based on the average monthly water usage billed during the months of January, February and March, the “winter average water usage.” If a residential customer has not established a “winter average water usage”, that user shall be charged the median charge of all residential users. Residential users shall be billed beginning with the October 2013 billing with a new base rate which will be based on the “winter average water usage” established in April 2013. The “winter average water usage” shall then be established each April and hereafter the sewer rate will be changed with the April billing.

(b)   For all other users, including but not limited to commercial and industrial establishments, multiple family dwellings, and mobile home parks, sewer charges shall be based on water used during the month.

(c)   Sewer user rates shall be set in the city’s fee resolution.

(d)   At the option of the owner, a multiple family dwelling or mobile home park may be billed as a residence or when individual units are rented the occupied units will pay a prorated share of the water usage based fee in addition to the base fee.

(Ord. 257; Ord. 298; Ord. 369; Ord. 411; Code 2015)

(a)   Any person found to be violating any provision of this article shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time period 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 for in subsection (a) shall be guilty of a violation, and on conviction thereof be fined (in an amount not exceeding $100 for each violation.

(c)   Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned by the city, by reason of such violation, including such fines, penalties and other costs which may be assessed to the city for violation of state or federal laws, where such violation is created by the user of the treatment system who, in tum is in violation of city, state or federal regulations.

(Ord. 244, Sec. 22)