Unless the context clearly indicates otherwise, the meaning of words and terms as used in this art1cle shall be as follows:

(a)   Building Drain means that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

(b)   Building Sewer means the extension from the building drain to the public sewer or other place of disposal.

(c)   B.O.D. (denoting Biochemical Oxygen Demand) means 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, OR in milligrams per liter (mg/L).

(d)   Combined Sewers means sewers receiving both surface runoff and sewage.

(e)   Individual Domestic means any single-family residence having an individual direct or indirect connection to the city’s wastewater facilities and on an individual city or private water service meter or connection to any such water service.

(f)   Industrial user means any of the following:

(1)   Any nongovernmental, nonresidential user of a publicly owned treatment works which is identified in the North American Industry Classification System, 2022, as amended and supplemented under one of the following divisions:

(A)  Sector 11. Agriculture, Forestry and Fishing Division;

(B)  Sector 31 - 33. Manufacturing; or

(C)  Sector 48 -49 Transportation, Communications, Electric and Sanitary Services.

(2)   Any nongovernmental user of a publicly owned treatment works that discharge wastewater to the treatment works that contain toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or to interfere with any wastewater treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

(g)   Inspector means the city building official 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)    Normal wastewater. The strength of normal wastewater shall be considered within the following ranges:

(1)   A five-day biochemical oxygen demand of 160 milligrams per liter or less;

(2)   A suspended solid concentration of215 milligrams per liter or less;

(3)   Hydrogen ion concentration of 5.0 to 9.0.

(4)   A concentration of oil and greases of 75 milligrams per liter or less.

(5)   A concentration of ammonia (NH4) of30 milligrams per liter or less.

(j)    pH. means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(k)   Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2)inch (1.27 centimeters) in any dimension.

(l)    Public Sewer means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

(m)  Sewer and/or Wastewater means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.

(n)   Sewer means a pipe or conduit for carrying sewage.

(o)   Slug means any discharge of water, wastewater or industrial waste which is the concentration of any given constituent or in which the quantity of flow for any period of duration longer than fifteen (15) minutes exceeds more than five (5) times the average twenty-four (24) hour concentration or flow quantities during normal operation.

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

(q)   Storm Sewer or Storm Drain means a sewer that carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

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

(s)   Suspended Solids means 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)    Surcharge means recovery by the City from a user of the treatment works and collection system of an amount allocable to the treatment and collection of wastes from such user.

(u)   T.S.S. (denoting Total Suspended Solids) means the total amount of suspended solids as defined in Section 15-601(s).

(v)   User means any person defined in sections l-102(k) 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.).

(Code 1983, 15-101; Ord. 1693, Sec. 1; Code 2018; Ord. 2013)

(a)   The owner of any house, building, or property used for human occupancy 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 the owner’s expense, toilet facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this article within ninety (90) days after the official notice from the Water Utility Director to do so, provided that said public wastewater collection system is within one hundred fifty ( 150) feet of the property line.

(b)   If any person as defined in section 1-102(k) 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. The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments have been collected and paid to the city, the cost of making such a connection may be paid from the wastewater reserve fund.

(Ord. 1448, Sec. 2; Code 1983, 15-102; Code 2018; Ord. 2013)

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

(Code 1973, 15-101:102; Code 1983, 15-103; Code 2018; Ord. 2013)

The owner or an agent shall apply on a form furnished by the city. The permit application shall be supplemented with any plans, specifications, or other information considered pertinent in the judgment of the Water Utility Director or an authorized representative. A permit and inspection fee for a residential or commercial building sewer permit, as prescribed in section 15-605 shall be paid to the City Clerk at the time the application is filed.

(Code 1983, 15-104; Code 2018; Ord. 2013)

Upon application to the city clerk for such a permit and approval by the Water Utility Director of a new or replacement sewer tap, the city clerk shall issue a permit for a new or replacement tap into an existing public main sanitary sewer line. The city clerk shall make the following permit charges based on the depth at which the city’s main sanitary sewer line is connected to the sewer manhole. This charge includes the cost incurred by the city for opening the city’s improvements for the work, tap site inspection, compaction, top dressing restoration, and, if needed, the new tap opening and tapping saddle:

(a)    Alley or street excavation of dirt or gravel, compaction and replacement of dirt or gravel for new service or repairs:

(1)   0’ to 5’ deep - $665.00

(2)   Over 5’ to 10’ deep - $1,190.00

(3)   Over 10’ to 14’ deep - $3,460.00

(4)   Over 14’-Excavation and compaction to be completed at the owner’s expense by the owner’s contractor licensed by the City of Russell and following all state and federal laws and regulations.

(b)   Alley or street excavation of asphalt, brick, or concrete, compaction and replacement of asphalt, brick or concrete for new service or repairs:

(1)   0’ to 5’ deep - $1,115.00

(2)   Over 5’ to 10’ deep - $2,540.00

(3)   Over 10’ to 14’ deep- $5,885.00

(4)   Over 14’-Excavation and compaction to be completed at the owner’s expense by the owner’s contractor licensed by the City of Russell and following all state and federal laws and regulations.

(c)   Depth and Deep defined. For purposes of this section, “depth” and “deep” mean the measured distance from the surface of the manhole to the bottom of the sewer mainline tapped into the manhole.

(d)   The owner shall indemnify the city from any loss or damage that may directly or indirectly be caused by the installation of the building sewer.

(Code 1983, 15-105; Code 2018; Ord. 2013)

(a)   Except for the limited excavation to be done by the City as provided in Section 15-605 the necessary excavation to make the 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 and the repair or replacement of the street or alley shall be done by city employees as provided in Section 15-605.

(b)   Such taps shall be made according to and under the supervision of the Water Utility Director and shall be made in such manner and form in such location as shall be designated or prescribed by the Water Utility Director and in conformity with city regulations.

(Code 1983, 15-106; Code 2018; Ord. 2013)

The connection of the building sewer to 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 and location approved by the Water Utility Director.

(Ord. 1292; Ord. 1395; Code 1983, 15-107; Ord. 1624; Ord. 1839; Code 2018; Ord. 1960; Ord. 2013)

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 cases, the building sewer from the front building may be extended to the rear building, and the whole is considered as one building sewer.

(Ord. 1292, Sec. 3:4; Code 1983, 15-108; Code 2018; Ord. 1960; Ord. 2013)

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 as hereinafter amended.

(Code 1983, 15-109; Code 2018; Ord. 2013)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings where any building drain is too low to permit gravity flow to the public wastewater collection system, wastewater carried by such drain shall be lifted by an approved means and discharged to the building sewer.

(Code 1983, 15-110; Code 2018; Ord. 2013)

The connection of the building sewer to the public wastewater collection system shall conform to the requirements of the International Plumbing Code as adopted by the City or other applicable rules and regulations of the city. All such connections shall be gas-tight and water-tight. Before installation, the Water Utility Director or an authorized representative must approve any deviation from the prescribed procedures and materials.

(Code 1983, 15-112; Code 2018; Ord. 1960; Ord. 2013)

All excavations for sewers shall be adequately guarded with barricades and lights to protect the public from hazards. Streets, curbs and gutters, sidewalks, parkways, and other public property removed or damaged during the installation of the sewer improvement and not covered by a permit issued under Section 15-605 shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner. Any person or entity involved in any excavating or installation work for sewer installations will indemnify and hold the City of Russell and its officers, agents, and employees harmless from any damages or claims to persons or property arising out of, related to, or in connection with his or its work on the sewer line.

(Code 1983, 15-113; Code 2018; Ord. 2013

(Code 1983, 15-113; Code 2018; Ord. 2013)

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; Ord. 2013)

Where a public sanitary sewer is not available under section 15-602, the building sewer shall be connected to a private sewage disposal system complying with sections 15-616 to 15-619.

(Code 1983, 15-115; Code 2018; Ord. 2013)

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by both the Water Utility Director and City Building Inspector. The application shall be accompanied by any plans, specifications or other information requested by the Water Utility Director and/or Building Inspector. A permit and inspection fee shall be set by the governing body and posted and updated on the City Master Schedule of Fees and Expenses, and shall be paid to the city when the application is filed.

(Code 1983, 15-116; Code 2018; Ord. 2013)

The Water Utility Director or his or her authorized representative shall be allowed to inspect the work at any stage of construction. The applicant shall notify the Water Utility Director 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 Water Utility Director’s receipt of notice.

(Code 1983, 15-117; Code 2018; Ord. 2013)

(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 15-602 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; Ord. 2013)

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

(Code 1983, 15-119; Code 2018; Ord. 2013)

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 following the laws of Kansas.

(K.S.A. 12-1617e; 12-1617g; Code 1983, 15-120; Code 2018; Ord. 2013)

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; Ord. 2013)

It shall be unlawful for any person to discharge any sanitary sewage, industrial wastes, or other polluted waters to any natural outlet within the city or in any area under the city’s jurisdiction.

(Code 1983, 15-122; Code 2018; Ord. 2013)

(Code 1983, 15-123; Code 2018; Ord. 2013)

Old building sewers may be used in connection with new buildings only when found, on examination to meet all requirements of this article as determined by the Water Utility Director or his/her designee.

(Code 1983, 15-124; Code 2018; Ord. 2013)

A user shall provide and properly install, maintain, and operate grease, oil, mud and/or sand traps, if in the opinion of the Water Utility Director, such traps are necessary for the proper handling of liquid waste containing grease in excessive amounts, or any flammable waste, mud, sand or other harmful ingredients; except that such traps shall not be required for private living quarters or dwelling units. All traps shall be of a type and capacity approved by the Water Utility Director and shall be located as to be readily and easily accessible for cleaning and inspection.

(Code 1983, 15-125; Code 2018; Ord. 2013)

(a)   It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, sump pumps, 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 tone 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; Ord. 2013)

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 Water Utility Director or his/her designee if such person finds that such cooling water cannot be recirculated and that such wastewater does not overload the sewer’s capacity or interfere with the effective operation of the city’s sewage disposal works.

(Code 1983, 15-127; Code 2018; Ord. 2013)

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)   Any water or waste containing fats, wax, grease, or oils whether emulsified or not, in excess of seventy-five (75) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred twenty (120) degrees Fahrenheit;

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

(d)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations;

(e)   Any waters or wastes containing strong acid pickling wastes, or concentrated plating solutions whether neutralized or not;

(f)   Garbage that has not been properly shredded;

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

(h)   Waters or wastes having a pH lower than 5.0 or higher than 9.0 or having any other corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(i)    Any waters or wastes containing concentrations of iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established for such materials by the Water Utility Director or his/her authorized representative or pretreatment requirements established by state, federal or other public agencies of jurisdiction for such discharge;

(j)    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;

(k)   Noxious or malodorous gas or substance capable of creating a public nuisance;

(l)    Materials which exert or cause:

(1)   Unusual concentrations of inert suspended solids such as, but not limited to, Fuller’s 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); or

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

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

(n)   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;

(o)   Any waters or wastes (1) having a five-day BOD greater than 160 milligrams per liter, or (2) containing more than 215 milligrams per liter of suspended solids, or (3) having a concentration of greater than 75 milligrams per liter of fat, oil or grease, or (4) containing more than 30 millimeters of ammonia (NH4 ), or (5) having an average daily flow greater than ten percent (10%) of the design capacity of the sewage treatment facility, shall at the owner’s expense, provide for such preliminary treatment as may be necessary to (1) reduce the BOD to 160 milligrams per liter, (2) reduce the suspended solids to 215 milligrams per liter, (3) reduce the fat, oil or grease to 75 milligrams per liter, (4) reduce the ammonia to less than 30 milligrams per liter, and (5) control the quantities and rates of discharge of such waters or wastes to reduce daily flow to less than ten percent (10%) of the design capacity of the sewage treatment facility. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Water Utility Director or an authorized representative. No construction of such facilities shall commence until said approvals are obtained in writing.

(Code 1983, 15-128; Code 2018; Ord. 2013)

The city may require the User to provide and operate sampling and monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and internal drainage systems. The facilities shall be located on the User’s premises. In the event the Water Utility Director determines that such location is impractical or causes undue hardship on the User, the Water Utility Director may allow the facilities to be constructed in the public right of way, so long as said construction and use complies with all local laws and regulations governing the use of public rights of way.

(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; Ord. 1909; Ord. 2013)

The monthly sewer rates to be charged and collected for the use of any 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:

(a)   Residential Service. For a residential site, a base charge of $13.50 per month or any portion thereof for which connection to, use, or service of the sewage system is utilized. In addition to the base charge, there shall be a monthly charge of $1.95 per 1,000 gallons of water or portions thereof based on the monthly water consumption of each location. The monthly charge for each year will be based on the average water usage during 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 on 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 on the quantity of water used during the first full month of service.

(b)   Commercial Service. For a commercial site, a base charge of $25.00 per month or any portion thereof for which the site is connected to, used, or service of the sewage system is utilized. In addition to the base charge, there shall be a monthly charge of $2.87 per 1,000 gallons of water or portions thereof based on the monthly water consumption of each location. The monthly charge for each month will be based upon the actual monthly water usage, or if actual wastewater discharge for a site is measured, then the actual measured wastewater discharge flow throughout the year.

(c)   Industrial Service. For an industrial site, a base charge of $100.00 per month or any portion thereof for which the site is connected to, used, or service of the sewage system is utilized. In addition to the base charge, a monthly charge of $3.86 per 1,000 gallons or portions thereof based upon the monthly water consumption of each location. The monthly charge for each month will be based upon the actual monthly water usage, or if actual wastewater discharge for a site is measured, then the actual measured wastewater discharge flow throughout the year.

(d)   Inflationary Adjustment. The foregoing monthly disposal charge per 1,000 gallons shall be modified by increasing each rate by 3% of the then-existing rate, rounded up to the nearest one-tenth of a whole cent, effective for the first utility billing in January 2025 and each year thereafter unless the governing body, by resolution, determines otherwise. The base charge component is not subject to the annual rate increase.

(e)   Definitions. For purposes of this Section, “Residential Service” is defined as service to a residential premise for non-commercial use by the occupant. “Industrial Service” is defined as use by an Industrial User as defined at Section 15-601(f). “Commercial Service” is defined as all users not meeting the definition of “Residential Service” or “Industrial Service”.

(Ord. 1448, Sec. 3; Code 1983, 15-130; Ord. 1624, Sec.3; Ord. 1693, Sec. 3; Code 2018; Ord. 2013)

(a)   Each user having a sewer connection directly or indirectly with the city’s sewage disposal system and discharging therein sewage of such volume as to contribute more than 10% of the design capacity of the sewage treatment facility shall be required to pay an additional service charge of $4.91 per 1,000 gallons or a portion thereof.

(b)   For any user who contributes wastewater whose strength is greater than normal domestic wastewater, such user will be assessed a surcharge and the general user charge as previously defined. The surcharge will be billed separately from the general user charge. The surcharge will be deposited into the Wastewater Reserve Fund as defined in Section 15-633(b) The surcharges are:

The calculation of the extra strength surcharges for BOD, TSS, FOG, NH4, and P shall be made as follows:

(1)   SBOD = V(0.00834) [A(BOD-160)]

(2)   STSS = V(0.00834) [B(TSS-215)]

(3)   SFOG = V(0.00834) [C(FOG-75)]

(4)   SNH4 = V(0.00834) [D(NH4-30)]

Where:

S = Extra strength surcharge, in dollars

V = Wastewater volume, in thousands of gallons

0.00834 = Conversion factor for thousands of gallons to million pounds

A=Applicable unit charge for BOD in dollar per pound from the schedule below

BOD= BOD strength in parts per million or mg/1

B =Applicable unit charge for SS in dollars per pound from the schedule below

TSS = TSS strength in parts per million or mg/l

C =Applicable unit charge for FOG in dollars per pound from the schedule below

FOG = FOG strength in parts per million or mg/1

D =Applicable unit charge for NH4 in dollars per pound from the schedule below

NH4 = NH4 strength in parts per million or mg/1

(c)   Extra Strength unit charges:

 

(d)   A user who exceeds the daily established limit and causes a collection system service interruption, including to a pumping station, or adversely impacts the treatment process may be required to cease discharge to the city sewage disposal system until it can demonstrate its discharge will be less than the established limits.

(e)   A user shall provide the city with the following information to determine compliance with this Article.

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

(7)   Details of systems used to prevent and/or control the loss of raw materials and products via spills into the collection system.

(f)   All measurements, tests, and analyses of 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. The city shall determine sampling methods, locations, times, duration, and frequencies on a case-by-case basis

(Ord. 1448, Sec. 4; Code 1983, 15-131; Code 2018; Ord. 2013)

For each user receiving water solely from sources other than the city waterworks system, the monthly sewer charge shall be based on sewage flows determined by surveys conducted by city representatives. 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 measure the customer’s sewage discharge properly 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 by such metering records and/or sampling analysis.

(Ord. 1448, Sec. 11; Code 1983, 15-132; Ord. 1624, Sec. 4; Ord. 1693, Sec. 4; Code 2018; Ord. 2013)

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 that will be used for defraying operation and maintenance expenses, excluding replacement, of the treatment works.

(b)   An account designated as the replacement account (Wastewater Reserve Fund) will be used to ensure replacement needs over the useful life of the treatment works. Deposits in the Wastewater Reserve 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 that 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 money will be returned to their respective accounts within the fiscal year following the fiscal year in which the money was borrowed.

(Ord. 1448, Sec. 5:8; Code 1983, 15-133; Code 2018; Ord. 2013)

(a)   Each owner of a water well that 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.

(b)   If any person, firm, corporation, organization, or institution desires to drill a new water well that would furnish water, any portion of which is discharged into the city’s sewage disposal system, application therefore 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 owner(s) of such well shall make a written report of such change to the city clerk

(d)   Failure to comply with any of the aforesaid provisions 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 violate this code.

(Ord. 1448, Sec. 9:10; Code 1983, 15-134; Ord. 1624, Sec. 5; Code 2018; Ord. 2013)

(Code 1983, 15-135; Code 2018; Ord. 2013)

Notwithstanding the termination of service for nonpayment, if the premises are occupied, billings shall continue to the user in the amounts and times outlined in this Article until the property owner provides the Water Utility Director or his or her designee proof that the sewer line from the premises has been disconnected from the City’s sewer line.

(Ord. 1448, Sec. 13; Code 1983, 15-138; Code 2018; Ord. 2013)

All the sewerage rates specified in this article shall be applied fairly and equitably. If special or unforeseen circumstances arise, the city clerk and/or city manager shall consider them when determining the amount of such charges as applied to the case.

(Ord. 1448, Sec. 12; Code 1983, 15-137; Ord. 1624, Sec. 5; Code 2018; Ord. 2013)

The city hereby agrees, in consideration of persons, firms, corporations, and partnerships buying revenue bonds to extend, enlarge, and improve the sewage disposal system, that city will not 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; Ord. 2013)

(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. Such owner and/or user shall within three (3) days of the occurrence provide the City with a detached written statement describing in detail the discharge and the measures being taken to prevent such occurrence in the future. The owner and/or user’s notification to city will not relieve the owner and/or user of liability for any expenses, loss or damage to the collection and/or treatment system

(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.

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

(a)   Absent exigent circumstances, whenever it is necessary to determine whether any User complies with the requirements of this Article, the City shall have the right, after 48 hours’ notice to the User, to enter the User’s Premises for inspection, sampling, records examination, or to perform any duty imposed by this Article or other regulations, provided that such entry is made under the law. Where a User has security measures in place that require proper identification and clearance before entering the User’s premises, the User shall make necessary arrangements so that representatives of the City, the KDHE, and the EPA will be permitted to enter the premises without delay to perform any duty imposed by this Article or other regulations. If the City is denied consent to enter, then the City shall have the right to seek entry through an administrative search warrant or by any other lawful means.

(b)   The City may randomly sample and analyzed discharge from Industrial Users and may conduct lawful surveillance activities to identify occasional and continuing noncompliance with pretreatment standards independent of information supplied by Industrial Users. The city will inspect, sample, and analyze discharge from each industrial user at least once a year.

(Ord. 2013)

Users subject to the reporting requirements of this Article shall retain and make available for the City’s inspection and copying all records or information obtained under any motoring required by this Article and any additional records or information obtained or compiled under activities monitoring activities undertaken by the User, independent of such requirements. The recordkeeping requirement shall include documentation in association with BMPS. Records shall include the date, exact place, method, and time of sampling, the name of the Person(s) taking the samples, the dates analyses were performed, the name(s) of the Person(s) who performed the analysis, the analytical techniques or methods used, and the result of such analyses. Those records shall be retained by the User and available for inspection and copying for not less than three (3) years. The retention period shall be automatically extended for any litigation involving the User or City or where the User has been specifically notified by the Water Utility Director that it shall have a longer retention period.

(Ord. 2013)