Unless the context clearly indicates otherwise, the meaning of words and terms as used in this art1cle 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)   pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(e)   Individual Domestic means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.

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

(g)   Inspector shall mean the city inspector or his or her authorized deputy, agent or representative.

(h)   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.

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

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

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

(l)    Combined Sewers shall mean sewers receiving both surface runoff and sewage.

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

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

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

(p)   Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(q)   User means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.

(r)    Wastewater means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.

(s)   Normal wastewater. The strength of normal wastewater shall be considered within the following ranges:

(1)   A five day biochemical oxygen demand of 250 milligrams or less;

(2)   A suspended solid concentration of 300 milligrams or less;

(3)   Hydrogen ion concentration of 5.0 to 9.0.

(t)    T.S.S. (denoting Total Suspended Solids) shall mean the total amount of suspended solids as defined in Section 15-601(p).

(Code 1983, 15-101; Ord. 1693, Sec. 1; Code 2018)

Any person located, or who shall be located, near a sewer or in a block within a sewer district within the corporate limits of the city shall be required to be connected to the city sewage disposal system. Any other means of sewage disposal utilized by such persons is prohibited as authorized by K.S.A. 12-631j.

(Ord. 1448, Sec. 2; Code 1983, 15-102; Code 2018)

Any tracts, lots, or parcels of land not included in any established sewer district within the city, lying near or adjacent to any laterals may be connected to the sewer system upon application to the governing body by the owners thereof pursuant to this section. The procedure for sanitary sewer hook-ups of tracts, lots or parcels of land not included in any sewer district shall be as follows:

(a)   The owner desiring to connect to any existing sewer lateral shall make application in writing to the city clerk setting forth the description of the property to be served by such connection.

(b)   Upon receipt of an application for connection as provided herein, the governing body shall appoint three appraisers for the purpose of assessing the connection charge to be made by the city for such connection and the appraisers so appointed shall file with the city clerk within 30 days from their appointment, a report in writing setting forth the amount of the connection charge assigned against the property which charge shall be formulated by the appraisers as provided for in subsection (c) hereof.

(c)   The appraisers so appointed under subsection (b) hereof shall assess a connection charge calculated by a fair and reasonable formula.

(Code 1973, 15-101:102; Code 1983, 15-103; Code 2018)

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 140 feet of the property line.

(Code 1983, 15-104; Code 2018)

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

(Code 1983, 15-105; Code 2018)

Any person desiring to make a connection to the city sewer system shall apply in writing to the city clerk who shall forward the application to the utility superintendent. The application shall contain:

(a)   The legal description of the property to be connected;

(b)   The name and address of the owner or owners of the property;

(c)   The kind of property to be connected (residential, commercial or industrial);

(d)   The point of proposed connection to the city sewer line.

(Code 1983, 15-106; Code 2018)

Upon application to the city clerk for such a permit and upon approval of the tap by the city inspector, the city clerk shall issue a permit for a new or replacement tap into any existing public main sanitary sewer line. The city clerk, for issuing such a permit, shall make the following charges:

(a)   If the sewer tap shall involve a new tap opening by the city and a new tapping sleave is provided by the city, the fee shall be $100.00; and

(b)   If the sewer tap shall involve the opening or digging of a ditch or trench in any street or alley in the City, which is surfaced with brick, concrete or pavement, the fee to be charged by the clerk will be actual costs to the City of materials and installation, with a minimum charge of $450.00.

(Ord. 1292; Ord. 1395; Code 1983, 15-107; Ord. 1624; Ord. 1839; Code 2018)

(a)   The necessary excavation in order to make sewer tap shall be the responsibility of the applicant or his or her contractor. The backfilling necessary to make a sewer tap under any street or alley surfaced with gravel shall be the responsibility of the applicant or his or her contractor. The backfilling necessary to make a sewer tap under any brick or concrete street or alley shall be completely done by employees of the city and the responsibility therefore shall rest with the city for such replacement of the street or alley.

(b)   Such taps shall be made pursuant to and under the supervision of the city inspector and shall be made in such manner and form and in such location as shall be designated or prescribed by the city inspector and in conformity with city regulations. pertaining thereto.

(Ord. 1292, Sec. 3:4; Code 1983, 15-108; Code 2018)

The connection of the building sewer into the public sewer shall be made at the “Y” branch if such branch is available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the utility superintendent and at a location designated by the superintendent.

(Code 1983, 15-109; Code 2018)

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be feasibly constructed to the rear building. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Code 1983, 15-110; Code 2018)

All excavations for buildings sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, curb and gutters, sidewalks, parkways and other public property removed or damaged during the installation of the building sewer, shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner. It is further agreed that any parties involved in any excavating or installation work for sewer installations as above set out, will hold the City of Russell harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation or any negligent act or from any operation made within the city.

(Code 1983, 15-112; Code 2018)

(a)   If any person as defined in section 1-102 shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b)   The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants.

(Code 1983, 15-113; Code 2018)

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in this article.

(Code 1983, 15-114; Code 2018)

Where a public sanitary sewer is not available under the provisions of section 15-604 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-614 to 15-619.

(Code 1983, 15-115; Code 2018)

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the utility superintendent. The application shall be accompanied by any plans, specifications or other information deemed necessary by the utility superintendent. A permit and inspection fee of $5 shall be paid to the city at the time the application is filed.

(Code 1983, 15-116; Code 2018)

The utility superintendent or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the superintendent when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the utility superintendent.

(Code 1983, 15-117; Code 2018)

(a)   The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations and requirements of the Water Pollution Control Section of the Kansas State Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

(b)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-604, a direct connection shall be made to the public sewer in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable and acceptable materials.

(Code 1983, 15-118; Code 2018)

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

(Code 1983, 15-119; Code 2018)

It shall be unlawful for any person to deposit or discharge from. any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public nuisance upon the order of the city or county board of health in accordance with the laws of Kansas.

(K.S.A. 12-1617e; 12-1617g; Code 1983, 15-120; Code 2018)

It shall be unlawful for any unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any sewer, structure, appurtenance, or equipment which is part of the municipal sewer system.

(Code 1983, 15-121; Code 2018)

It shall be unlawful for any person to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any sanitary sewage, industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this article.

(Code 1983, 15-122; Code 2018)

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city.

(Code 1983, 15-123; Code 2018)

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

(Code 1983, 15-124; Code 2018)

All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.

(Code 1983, 15-125; Code 2018)

(a)   It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer.

(b)   All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharge does not create a nuisance. No such liquids may be discharged into any unpaved street or alley.

(Code 1983, 15-126; Code 2018)

Discharges from air conditioning units in excess of one ton per hour or one horsepower may be permitted into a building sewer upon approval of the city inspector where there is a finding that such cooling water cannot be recirculated and that such waste water does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city.

(Code 1983, 15-127; Code 2018)

No person shall discharge any of the following waters or wastes to any public sewer:

(a)   Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b)   Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

(c)   Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(d)   Garbage that has not been properly shredded;

(e)   Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(f)   Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g)   Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(h)   Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i)    Noxious or malodorous gas or substance capable of creating a public nuisance.

(Code 1983, 15-128; Code 2018)

(a)   The monthly sewer rates to be charged and collected for the use of and service rendered by the sewage disposal system of the city, to customers or users of the sewage disposal system, including all persons, firms, corporations, organizations, city departments or institutions and others whose premises are connected or may hereafter be connected directly or indirectly to the city’s sewage disposal system shall be at the following rates:

(1)   For residential, commercial, and industrial sites, a base charge of $9.00 per month or any portion thereof for which connection to, use, or service of the sewage system is utilized. The base charge is made up of $6.50 debt service for retirement of the Kansas Water Pollution Control Revolving Fund Loan through March, 2016, and $2.50 administration charge.

(2)   In addition to the base charge, a monthly charge of $1.65 per 1,000 gallons or portion thereof based upon the monthly water consumption of each location as follows:

(A)  For residential sites, the monthly charge for each year will be based upon the average water usage during the months of December, January, and February. For residences with no water usage during this period, the rate for months in which there is usage will be calculated based upon the average of all residential users using up to 4,000 gallons of water per month. For those new residents with no water usage history, the rate shall be based upon the quantity of water used during the first full month of service.

(B)  For commercial and industrial users, the monthly charge will be based upon actual monthly water usage or actual measured wastewater discharge flow throughout the year.

(Ord. 1448, Sec. 1; Ord. 1466, Secs. 1:2; Code 1983, 15-129; Ord. 1480; Ord. 1488; Ord. 1532; Ord. 1552; Ord. 1624; Ord. 1693; Ord. 1771, Sec. 1; Code 2018)

Each user having a sewer connection directly or indirectly with the city’s sewage disposal system and discharging therein sewage of such volume, type or character as to contribute more than 10% of the design capacity of the sewage treatment facility may be required to pay an additional service charge. Such fair and equitable sewage charges and amounts shall be fixed by the governing body, taking into consideration the sewage burden aforesaid. If the quantity or type and character of such sewage discharge into the system shall render it difficult to establish a fair and equitable sewage charge, the customer shall at his or her job and expense install and maintain in good operating conditions suitable meters or measuring devices of standard types and design at the characteristics of the sewage and measure the customer’s sewage discharge and shall permit the employees and representatives of the city to read such meter or measuring devices and sewage charges for such customer shall be established in accordance with such metering records and/or sampling analysis.

(a)   For any user who contributes wastewater, the strength of which is greater than normal domestic wastewater or contributes wastewater, for which the combination of quantity and concentration exceeds poundage limits as established in a separate prior agreement with the City, will be assessed a surcharge in addition to the general user charge as previously defined. The surcharge will be billed along with the general user charge. The surcharge will be deposited into the Wastewater Replacement Account as defined in Section 15-632(b). The surcharges, based upon the allowable monthly averages, are:

(1)   $0.315 per pound BOD

(2)   $0.20 per pound TSS.

(b)   Users who exceed the above established limits for a period of more than thirty consecutive days or cause collection system service interruptions including to pumping stations, or cause the treatment process to be adversely impacted due to a short term discharge, may be required to cease discharges to the City sewage disposal system until the user can demonstrate the discharges are less than the established limits.

(c)   The City may require a user to provide the following information in order to determine compliance with this article.

(1)   Peak wastewater discharge rate and volume over a specified time period;

(2)   chemical analysis of the wastewater(s);

(3)   Information on raw materials, processing, and products affecting wastewater volume and quality;

(4)   Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials related to use of the collection system;

(5)   A plot plan of the user’s property showing sewer and pretreatment facility locations;

(6)   Details of wastewater pretreatment facilities;

(7)   Details of systems used to prevent and/or control the loss of raw materials and products via spills into the collection system. All measurements, tests, and analysis of the wastewater characteristics shall be performed in accordance with the latest editions of “Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association, et al. Sampling methods, locations, times, duration, and frequencies shall be determined on a case-by-case basis by the City.

(Ord. 1448, Sec. 3; Code 1983, 15-130; Ord. 1624, Sec.3; Ord. 1693, Sec. 3; Code 2018)

For each user receiving waste solely from sources other than the city waterworks system, the monthly sewer charge shall be based on sewage flows determined by surveys conducted by representatives of the city. If the quantity, type and character of such sewage discharged into such system shall render it difficult to establish a fair and equitable sewage service charge, the customer shall at his or her sole cost and expense install and maintain in good operating condition suitable meters or measuring and sampling devices of standard type and design as required to determine the characteristics of the sewage at the appropriate point or points as are necessary to properly measure the customer’s sewage discharge and shall permit the employees and representatives of the city to read such meters, measuring or sampling devices and sewage charges for such customer shall be established in accordance with such metering records and/or sampling analysis.

(Ord. 1448, Sec. 4; Code 1983, 15-131; Code 2018)

The revenue derived from the use of the city’s sewage disposal system shall be placed in the city treasury and kept in a separate non-lapsing fund known as the operation, maintenance and replacement fund and will be kept in two primary accounts as follows:

(a)   An account designated as the operation and maintenance account which will be used for the specific purpose of defraying operation and maintenance expenses, excluding replacement, of the treatment works.

(b)   An account designated as the replacement account (Wastewater Replacement Fund) which will be used for the specific purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the Wastewater Replacement Fund shall be made annually from the operation, maintenance and replacement revenue in the minimum amount of $25,000.

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

(Ord. 1448, Sec. 11; Code 1983, 15-132; Ord. 1624, Sec. 4; Ord. 1693, Sec. 4; Code 2018)

(a)   Each owner of a water well which furnishes water, any portion of which is discharged into the city’s sewage disposal system, shall register the same as to location, capacity and ownership with the city clerk who shall furnish a copy of each such registration to the governing body.

(b)   If any person, firm, corporation, organization or institution desires to drill a new water well which would furnish water, any portion of which is discharged into the city’s sewage disposal system, application therefor shall be made by the owner of the premises to the city clerk and a permit issued by him or her before such well is drilled.

(c)   If any change is made in the capacity or use of any water well now or hereafter, the water of which well is discharged either wholly or in part in the city’s sewage disposal system, the owners of such well shall make a written report of such change to the city clerk who shall furnish a copy thereof to the governing body.

(d)   Failure to comply with any of the provisions aforesaid relating to the registration of existing wells, the failure to obtain a permit to drill a new well, or the failure to report changes in the capacity or use of any well, shall be a violation of this code.

(Ord. 1448, Sec. 5:8; Code 1983, 15-133; Code 2018)

(a)   The collection and billing of the sewer use charge is to be made on statements issued to the user for the use of the city’s sewage disposal system and there shall be included on the statement the item “sewer use fee.” Opposite such item or items, there shall be the appropriate fee based on the rates set out in this article on the amount of water used.

(b)   Charges for the sewage disposal system shall be billed on the statement rendered for the same and the bill for charges under this article shall be payable as billed. Payment of charges shall be made within 15 days following the end of the period for which such billing is made. All accounts not paid within 15 days shall be considered past due. All accounts 10 or more days past due shall be considered delinquent.

(Ord. 1448, Sec. 9:10; Code 1983, 15-134; Ord. 1624, Sec. 5; Code 2018)

(a)   A delinquency and termination notice shall be issued by the city clerk within five 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 penalty;

(2)   Notice that service will be terminated if the amount due is not paid within 15 days from the date of the notice;

(3)   Notice that the customer has the right to a hearing before the city manager or other 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 1983, 15-135; Code 2018)

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 utility 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 or her 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 1983, 15-136; Code 2018)

All of the sewerage rates hereinbefore in this article specified shall be applied in a fair and equitable manner and if in any case special or unforeseen circumstances arise, they shall be taken into consideration by the city clerk and/or city manager determining the amount of such charges as applied to the particular case.

(Ord. 1448, Sec. 12; Code 1983, 15-137; Ord. 1624, Sec. 5; Code 2018)

The city hereby agrees, in consideration of persons, firms, corporations and partnerships buying revenue bonds, to extend, enlarge and improve the sewage disposal system, not to decrease the rates prescribed as aforesaid until all such bonds and interest thereon are fully paid.

(Ord. 1448, Sec. 13; Code 1983, 15-138; Code 2018)

(a)   When a discharge of wastewater causes an obstruction, damage, and/or any other impairment to the performance of the collection and/or treatment system, the City may assess a charge against the owner and/or user causing such obstruction, damage and/or other impairment for work and/or materials required to clean and/or repair the facilities and add such charge to the owner’s and/or user’s sewer service charge.

(b)   Charges may include pass through of penalties and/or fines if assessed by the Kansas Department of Health and Environment, any other State agency, and/or the U.S. Environmental Protection Agency if the reason for the penalties or fines can be shown to be substantially attributable to a user’s and/or owner’s discharge.

(c)   Owners and/or Users shall notify the City immediately upon discharging wastes in violation of these Rules and Regulations to enable countermeasures to be taken by the City to minimize damage to the system. This notification shall be followed, within three days of the date of the occurrence, by a detailed written statement describing the details of the discharge and the measures being taken to prevent such in the future. Such notification will not relieve the owners and/or users of liability for any expense, loss, or damage to the collection and/or treatment system.

(Code 1983, 15-139; Ord. 1693, Sec. 5; Code 2018)