Sec. 14-101 Definitions.
Sec. 14-102 General sanitary requirements.
Sec. 14-102A Commercial businesses, unlawful
discharges; penalty.
Sec. 14-103 Private disposal systems; when
permitted.
Sec. 14-104 Connections to public sewers; permit
required.
Sec. 14-105 Prohibited discharges.
Sec. 14-106 Acts of vandalism.
Sec. 14-107 Access to properties.
Sec. 14-108 User charges.
Sec. 14-108A Wastewater surcharge increases (2001)
Sec. 14-109 Time for payment; disconnection for non-payment; reconnection charge; exceptions; waivers.
Sec. 14-110 Designation of revenues.
Sec. 14-111 User charge review; public
notification of rates.
Sec. 14-112 Penalties.
Sec. 14-113 Assessments and rates.
Sec. 14-201 Generally.
Sec. 14-202 Application for installation;
permits; fees; extension of service.
Sec. 14-203 Deposits, when required.
Sec. 14-204 Rates and conditions of service.
Sec. 14-205 Time
for payment; disconnection for nonpayment; reconnection charge; exceptions;
waivers.
Sec. 14-206 Meters, installation; ownership.
Sec. 14-207 Duty of property owner; penalty.
Sec. 14-208 Service line and meter repairs.
Sec. 14-209 Service line and meter replacement.
Sec. 14-210 Assignment of service lines and
meters; relocation; cost to property owner.
Sec. 14-211 Relocation
of service lines and meters not owned by Utilities Department; cost to property
owner.
Sec. 14-212 Additional rules and regulations.
Sec. 14-213 Unlawful
to tamper with or break meter seal, alter register, use or waste unproperly
metered water; penalty.
Sec. 14-214 Unlawful to operate equipment without
authority; penalty.
Sec. 14-215 Unlawful
to make connections on public or private water lines without permission; permit
fee; penalty.
Sec. 14-216 Unlawful
to throw materials into, swim, bathe or play in basins or reservoir or pollute
water supply; penalty.
Sec. 14-217 City access to premises.
State law references-Municipal utilities, K.S.A.
12-808 et seq; public improvements, K.S.A. 14-516 et seq.
Article III.
Electrical Service
Sec. 14-301 Rules and regulations.
Sec. 14-302 Application for connection permits.
Sec. 14-303 Installation
of meters, service leads, sockets, location, change in location; expense.
Sec. 14-304 Rates.
Sec. 14-305 Time for payment; disconnection for non-payment; reconnection or disconnection charge; exemptions; waivers.
Sec. 14-306 Deposits, when required.
Sec. 14-307 Extensions of system.
Sec. 14-308 Disturbing uses, refusal or
termination of service.
Sec. 14-309 Suspension or interruption of
service; notice; utilities dept. not liable.
Sec. 14-310 Unlawful
to tamper with meters or to use or waste unmetered electricity; penalty.
Sec. 14-311 Unlawful
to deface or injure department property, erect signs, or interfere with
electric system; penalty.
Sec. 14-312 Rules and regulations, authority to
promulgate.
Sec. 14-313 Right of inspection.
Sec. 14-314 Failure
to comply with article and rules; duty of Director; discontinuance of service;
prosecution.
Sec. 14-315 Unpaid
and delinquent utility bills, cost of collection.
Sec. 14-401 Intent.
Sec. 14-402 Infractions and penalties.
Sec. 14-403 Disconnect order.
Sec. 14-404 Financial assistance.
Sec. 14-405 Procedure.
Sec. 14-501 Purpose and objectives.
Sec. 14-502 Definitions.
Sec. 14-503 Scope.
Sec. 14-504 Prohibited acts.
Sec. 14-505 Approved cross connection devices.
Sec. 14-506 Prohibited connections.
Sec. 14-507 Approved backflow prevention devices.
Sec. 14-508 Installation of backflow prevention
devices.
Sec. 14-509 Inspection, maintenance and repair of
backflow prevention devices.
Sec. 14-510 Record
keeping; tags; inspection, etc. by City; authority for removal of devices, etc.
Sec. 14-511 Surveys and investigations.
Sec. 14-512 Violation;
penalties.
New
Section Added: (Ord. No. 3497-05,
2-2-05)
ARTICLE I.
SEWER CONNECTIONS AND USE
Sec. 14-101 Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Access- means entry into or upon any
real estate or structure including any part thereof.
BOD- (denoting biochemical
oxygen demand) means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five (5)
days at twenty (20) degrees Celsius, expressed in milligrams per liter.
Building drain- means 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 (5) feet (1.5 meters) outside
the inner face of the building wall.
Building sewer- means the extension from the
building drain to the public sewer or other place of disposal.
City- means the City of
City Inspector- means the supervisor of the
Division of Inspection of the Department of Engineering or his authorized
Deputy, agent or representative.
Combined sewer- means a sewer receiving both
surface runoff and sewage.
Contributor- means any person responsible
for the production of sewage or industrial waste which is directly or
indirectly discharged into the City’s treatment works.
Director-means the Director of City
Utilities or authorized Deputy, agent or representative.
Domestic wastewater- means sewage that has a BOD
concentration of not more than 200 mg/l and a SS concentration of not more than
240 mg/l.
Garbage-means solid wastes from the
domestic and commercial preparation, cooking and dispensing of food, and from
the handling, storage and sale of produce.
Industrial user- means a source of
nondomestic wastewater which is discharged to the treatment works.
Industrial wastes- means the liquid wastes from
industrial manufacturing processes, trade or business as distinct from sanitary
sewage.
Infiltration- means water entering a sewer
system including sewer service connection from the ground through such means
as, but not limited to, defective pipes, pipe joints, connections or manhole
walls. Infiltration does not include and
is distinguished from inflow.
Infiltration/inflow-means a combination of
infiltration and inflow wastewater in sewer lines with no way to distinguish
the basic sources and with the effect of usurping the capacities of sewer
systems and facilities.
Inflow-means the water discharged
into a sewer system, including service connection, from such sources as, but
not limited to, roof leaders; cellar, yard and area drains; foundation drains;
cooling water discharges; drains from springs and swampy areas; manhole covers;
cross connections from storm sewers, combined sewers and catch basins; storm
waters; surface water runoff; street wash waters; or drainage. Inflow does not include and is distinguished
from infiltration.
Natural outlet- means any outlet into a
watercourse, pond, ditch, lake or other body of surface or ground water.
Operation and maintenance-means all expenditures
during the useful life of the treatment works for materials, labor, utilities,
and other items which are necessary for managing and maintaining the wastewater
treatment works to achieve the capacity and performance for which such works
were designed and constructed.
pH- means the logarithm of the
reciprocal of the weight of hydrogen ions in grams per liter of solution.
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.
Public sewer- means a sewer in which all
owners of abutting properties have equal rights, and is controlled by public
authority.
Replacement-means expenditures for
obtaining and installing equipment, accessories, or appurtenances which are
necessary during the useful life of the treatment works to maintain the
capacity and performance for which such works were designed and
constructed. The term “operation and
maintenance” includes replacement.
Sanitary sewer- means a sewer which carries
sewage and to which storm, surface and ground waters are not intentionally
admitted.
Schedule of compliance- means a schedule of remedial
measures and times including an enforceable sequence of actions or operations
leading to compliance.
Sewage- means 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.
Sewage treatment works-means a system or facility
for treating, neutralizing, stabilizing or disposing of sewage, which system or
facility has a designed capacity to receive more than 2,000 gallons of sewage
per day. The term “sewage treatment
works” includes appurtenances such as interceptors, collection lines, outfall
and outlet sewers, pumping stations and related equipment. The terms “sewage treatment works” and
“wastewater treatment works” as used in this article are synonymous.
Sewer- means a pipe or conduit for
carrying sewage.
Sewer district- means a special benefit
district duly formed and authorized to plan, construct and operate a public
sewage system.
Slug-means any discharge of
water, sewage or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer
than fifteen (15) minutes more than five (5) times the average 24-hour
concentration or flows during normal operation.
SS -(denoting 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.
Storm drain- (sometimes termed “storm
sewer”) means a sewer which carries storm and surface waters and drainage, but
excludes sewage and industrial wastes other than unpolluted cooling water.
Treatment works- means wastewater treatment
works.
Useful life- means the estimated period
during which a treatment works will be operated.
User charge-means that portion of the
total wastewater service charge which is levied in a proportional and adequate
manner for the cost of operation, maintenance and replacement of the treatment
works.
Water meter- means a water volume
measuring and recording device furnished and installed by the City, or
furnished and/or installed by a user and approved by the City.
Watercourse- means a channel in which a
flow of water occurs, either continuously or intermittently;
REVISED: (Ord. No. 2962-90; Need Date
Here; Ord. No. 3053-93, 01-06-93)
State law references-Water pollution act, K.S.A.
12-3101 et seq.; sewer system, K.S.A. 12-3104 et seq.
Cross reference-Definitions and rules of construction
generally, § 1-101; 1-102.
Sec. 14-102 General
sanitary requirements.
A. It shall be unlawful for any person
to place, deposit or permit to be deposited in any unsanitary manner on public
or private property within the City, or in any area under the jurisdiction of
the City, any human or animal excrement, garbage or other objectionable waste.
B. It shall be unlawful to discharge to
any natural outlet within the City, or in any area under the jurisdiction of
the City, any sewage or other polluted waters, except where suitable treatment
has been provided in accordance with the provisions of this article.
C. Except as provided in this article,
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.
D. The owner of all houses, buildings
or properties used for human employment, recreation or other purposes, situated
within the City and abutting on any street, alley or right-of-way in which
there is now located or may in the future be located a public sanitary sewer of
the City, is hereby required at his expense to install suitable toilet facilities
therein, and to connect such facilities directly with the sewer in accordance
with the provisions of this article, within thirty (30) days after date of
official written notice to do so, provided that such property is located in a
block within any sewer district in the City.
E. If any person shall fail, neglect
or refuse to so connect any building and premises with the City sewer system as
provided in this article more than thirty (30) days after being notified in
writing by authorized City personnel to do so, then the City Commission may
cause such premises and buildings to be connected with the City sewer system
and the Commission is hereby authorized to advertise by one publication in the
Official City Newspaper, describing the premises, and giving at least ten (10)
days’ notice for bids for the construction and making of such sewer
connections, and to contract therefore with the lowest responsible bidder or
bidders, and cause such premises to be connected with such City sewer system,
and to assess the costs and expenses thereof against the property and premises
so connected, such assessment to be made in the same manner as other special
assessments are made, in manner and form as set forth in subsection (f) of this
section.
F. The City Commission shall report
and certify the costs and expenses of any sewer connections so made by its
order as provided in this section to the City Clerk, and the costs and expenses
of such sewer connections shall be assessed and charged against the lot or
parcel of ground or premises and the buildings and improvements thereon, and
the City Clerk, at the time of certifying other City taxes to the County Clerk,
shall certify the aforesaid costs and expenses, and the County Clerk shall
extend such costs and expenses for the City on the tax roll of the County
against such lot or parcel of ground or premises and the building and
improvements thereon, and it shall be collected by the County Treasurer and
paid to the City in the same manner as other taxes are collected and paid as provided
for by law.
(Code 1982)
Sec. 14-102A Commercial
businesses, unlawful discharges; penalty.
It shall be unlawful for any person engaged for
profit in a commercial business of hauling sewage or cleaning septic sewage
tanks or other receptacles of sewage to discharge from a vehicle or other
mobile device sewage or diluted parts thereof into the sanitary sewer system of
the City. Violation of this section
shall be punished by a fine of not less than $250.00 or more than $500.00.
REVISED: (Ord No. 3028-92, 06-17-92)
Sec. 14-103 Private
disposal systems; when permitted.
A. Where a public sanitary sewer is not
available under the provisions of section 14-102(d), the building sewer shall
be connected to a private sewage disposal system complying with the provisions
of this division.
B. Before commencement of construction
of a private sewage disposal system, the owner shall first obtain a written
permit signed by the City Inspector. 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 required by the City Inspector.
A permit and inspection fee as established by resolution of the Board of
Commissioners shall be paid to the City at the time the application is filed.
A. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Director. S/he 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 when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within one (1) full working day of the receipt of notice by the City Inspector.
D. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Health and Environment and the provisions of the Uniform Plumbing Code as adopted by the City. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such time as a public sewer
becomes available to a property served by a private sewage disposal system, as
provided in this section, a direct connection shall be made to the public sewer
in compliance with this article, and any septic tanks, cesspools and similar
private sewage disposal facilities shall be abandoned and filled with suitable
material. Such abandonment and filling
shall be inspected by the City Inspector within one (1) full working day of notice.
F. The owner shall operate and maintain
the private sewage disposal facilities in a sanitary manner at all times, at no
expense to the City.
(Code
1982)
Sec.
14-104 Connections to public
sewers; permit required.
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 Planning and Zoning Department.
B. The two classes of building sewer permits are residential and commercial service, and service to establishments producing industrial wastes. In either case, the owner or his 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. A permit and inspection fee for residential, commercial or industrial building sewers shall be paid to the City at the time the application is filed at a rate established by resolution of the Commission.
C. All costs and expenses 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.
D. 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.
E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the owner and witnessed by the Director, to meet all requirements of this article. If old building sewers cannot be used, the owner shall plug the discontinued sewer as required by the City Inspector.
F. 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 and
other applicable rules and regulations of the City.
G. 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.
H. The connection of the building sewer
into the public sewer shall conform to the requirements of the building and
plumbing codes or other applicable rules and regulations of the City. All such connections shall be made gas tight
and watertight. Any deviation from the
prescribed procedures and materials must be approved by the Director before
installation.
I. The applicant for the building
sewer shall notify the City Inspector when the building sewer is ready for
inspection and connection to the public sewer.
The connection shall be made under the supervision of the City
Inspector.
J. 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.
K. No person shall make connection of
roof drains, interior and exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public sanitary sewer.
(Code
1982)
State
law references-Mandatory connection,
K.S.A. 12-631; sewer connections, K.S.A. 12-1505.
Sec.
14-105 Prohibited discharges.
A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted process waters to any sanitary sewer.
B. Stormwater 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. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Director, to a storm sewer or natural outlet.
C. No person shall discharge or cause
to be discharged any of the following described waters or wastes to any public
sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mb/1 as CN in the wastes as discharged to the public sewer.
3. 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 wastewater treatment works.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the treatment 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, paper or Styrofoam dishes and cups, milk containers, etc., either whole or ground by garbage grinders.
D. 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 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 opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius), but in no case shall the heat be in such quantities that the temperature at the treatment works exceeds 104 degrees Fahrenheit (40 degrees Celsius).
2. Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius.
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Director.
4. Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not.
5. Any
waters or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances, to such degree that any such material
received in the composite sewage at the treatment works exceeds the limits
established by the Director for such materials.
6. 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 as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
7. Any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations.
8. Any water or wastes having a pH in excess of 9.5.
9. Materials which exert or cause:
a. Unusual
concentrations of inert suspended solid (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 or sodium sulfate).
b. Excessive
discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
c. Unusual
BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works.
d. Unusual
volume of flow or concentration of wastes constituting slugs as defined in this
article.
10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
11. Any noxious or malodorous liquids, gases or solids which, either singly or by inter-action with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
12. Any
substance which may cause the wastewater treatment plant effluent or any other
product of the treatment plant such as residues, sludges or scums to be
unsuitable for reclamation and reuse or to interfere with the reclamation
process. In no case shall a substance
discharged to the treatment works cause the wastewater treatment plant to be in
noncompliance with sludge use or disposal criteria, guidelines or regulations
developed under state or federal legislation.
13. Any material or substance not specifically mentioned in this section which in itself is corrosive, irritating to human beings and animals, toxic or noxious, or which by interacting with other wastes could produce effects harmful to the public health and general welfare, adversely affect treatment equipment or processes, constitute a hazard to human life or animal life or adversely affect the aquatic and animal life of the receiving stream.
E. 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 subsection (D) of this section, and which, in the judgment of the Director, may have a deleterious effect upon the treatment works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:
1. Reject
the wastes.
2. Require owner pretreatment to an acceptable condition for discharge to the public sewers.
3. Require
owner control over the quantities and rates of discharge.
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 14-108.
If the Director 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, and
subject to the requirements of all applicable codes, ordinances and laws.
F. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, 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 required by the plumbing and building codes and shall be located as to be readily and easily accessible for cleaning and inspection.
A. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. When required by the Director, 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
earlier appurtenances in the building sewer to facilitate observation, sampling
and measurement of the wastes. Such
manhole, when required, shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner
at his expense, and shall be maintained by him so as to be safe and accessible
at all times.
I. When required by the Director, 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 earlier appurtenances in the building sewer to facilitate observation,
sampling and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located, and
shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner
at his expense, and shall be maintained by him so as to be safe and accessible
at all times.
J. The Director may require a user of the treatment works to provide information needed to determine compliance with this article. These requirements may include:
1. Wastewater
discharge peak rate and volume over a specified time period.
2. Chemical
analysis of wastewaters.
3. Information on raw materials, processes and products affecting wastewater volume and quality.
4. Quantity
and disposition of specific liquid, sludge, oil, solvent, or other materials
important to sewer use control.
5. A
plot plan of sewers of the user’s property showing sewer and pretreatment
facility location.
6. Details of wastewater pretreatment facilities.
7. Details
of systems to prevent and control the losses of materials through spills to the
public sanitary sewers.
K. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole referenced in Subsection (H) of this Section, or upon suitable samples taken at such control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the treatment works and to determine the existence of hazards to life, limb and property.
L. No statement contained in this Section 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.
(Code
1982)
State
law references-Authority to adopt
regulations, K.S.A. 12-3105; sewer system, health regulations, K.S.A. 65-164 et
seq.
Sec.
14-106 Acts of vandalism.
No
unauthorized person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or
equipment which is part of the treatment works.
Any person violating this Section shall be subject to immediate arrest
under charge of disorderly conduct.
(Code
1982)
Cross
reference-Offenses, Ch. 38.
Sec.
14-107 Access to properties.
A. The Director, and other duly authorized employees of the City bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Director or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. While performing the necessary work
on private properties referred to in Subsection (A, the Director or duly
authorized employees of the City shall observe all safety rules applicable to
the premises established by the company and the company shall be held harmless
for injury or death to the City employees.
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
14-105(H).
C. The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the treatment works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
D. If, after proper request, entry or access is refused, the City may compel such access by application to a court of competent jurisdiction, provided, however, that the agency complies with the provisions of Section 15 of the State Bill of Rights and the Fourth Amendment to the United States Constitution relating to unreasonable searches and seizures.
E. If the entry or access is denied after the issuance of a court order as provided in Subsection (D) above it shall thereafter be a Class D misdemeanor to continue to deny entry or access to the City while the City is discharging its official duties under this article.
REVISED: (Ord. No. 3053-93, 01-06-93)
Sec.
14-108 User charges.
A
schedule of wastewater use rates, conditions of service and availability shall
be as set by resolution of the City Commission.
Said schedule shall be on file in the office of the City Clerk.
REVISED: (Ord. No. 2998-91, 09-18-91; Ord. No. 3115-94,
10-05-94; Ord. No. 3251-97, 11-19-97; Ord. No. 3490-04, 12-15-04)
Changed: 7-18-05
State
law reference-Authority to adopt,
K.S.A. 12-3104, 12-3105.
State
law reference-Charges, basis, K.S.A.
12-3104(a).
Sec. 14-108A Wastewater surcharge increases (2001)
The Governing Body of the City of
A. Residential Users wastewater
surcharge increases as follows:
$1.00/month January 1, 2002
$1.00/month January 1, 2004
$1.00/month January 1, 2006
$1.00/month January 1, 2008
$1.00/month January 1, 2010
B. Commercial Users wastewater surcharge increases as follows:
$0.40/month January 1, 2002
$0.40/month January 1, 2004
$0.40/month January 1, 2006
$0.40/month January 1, 2008
$0.40/month January 1, 2010
REVISED: (Ord. No.
3381-02, 09-19-02)
Sec. 14-109 Time for payment; disconnection for nonpayment;
reconnection charge; exceptions; waivers.
Each
customer shall make payment of the amount shown on his/her statement to be due
at the Office of the Utilities Department in the City Hall during regular
office hours on or before the due date or within fifteen (15) days thereafter;
provided, that if the due date is the twenty-fifth (25th) day of a
calendar month, payment may be made on or before the tenth (10th)
day of the calendar month following. If
the amount due is not paid within said time, the account shall be classified as
delinquent and shall therefore have a late payment fee consisting of the
greater of ten dollars ($10.00) or ten percent (10%) of the billed amount. If the account becomes delinquent five (5)
days, the wastewater service of the customer shall be disconnected and remain
disconnected until final payment is made of all amounts due, including the late
payment fee
imposed,
plus any applicable disconnection and/or reconnection charges as may be
established by ordinance or resolution of the Governing Body. However, it will be the policy of the City
not to perform disconnections on Fridays.
REVISED: (Ord. No. 3120-94, 09-21-94)
State
law reference-Authority to disconnect
service for nonpayment, K.S.A. 12-3105.
Sec.
14-110 Designation of revenues.
The
sewer user charge system shall generate adequate annual revenues to pay costs
of annual operation and maintenance including replacement and costs associated
with retirement of bonded indebtedness associated with financing the collection
and treatment works which the City may by ordinance designate to be paid by the
user charge system.
A. That portion of the total user charge collected which is designated for operation and maintenance, including replacement purposes and debt retirement needs, shall be deposited in a non-lapsing fund known as the Wastewater Fund and will be kept in an operation and maintenance account which is designated for the specific purpose of defraying operation, maintenance and debt service costs.
B. Fiscal year-end balances in the
Wastewater Fund 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. Monies which have been
transferred from other sources to meet temporary shortages in the Wastewater
Fund shall be returned to their respective accounts upon appropriate adjustment
of the user charge rates for operation, maintenance and replacement. The user charge rates shall be adjusted such
that the transferred monies will be returned to their respective accounts
within the fiscal year following the fiscal year in which the monies were
borrowed.
REVISED: (Ord. No. 2998-91; Ord. No.3115-94, 10-05-94)
Sec.
14-111 User charge review; public
notification of rates.
A. The City shall review the user charge system at least every two (2) years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
B. The City will notify each user at
least annually, in conjunction with a regular bill, of the rate being charged
for operation and maintenance, including replacement of the treatment works.
(Code
1982)
Sec.
14-112 Penalties.
A. Violation of any provisions of this article shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00). In addition to the fine, a violator shall be liable to the City for any expense, loss or damage incurred by the City due to the violation.
B. Each 24-hour period in which such violation shall continue shall constitute a separate offense.
REVISED: (Ord. No. 3045-92, 11-18-92)
Sec.
14-113 Assessments and rates.
Assessments
and rates for sanitary sewer use and connections will be set by ordinance of
the Board of Commissioners.
(Code
1982)
ARTICLE II. WATER SERVICE
Sec.
14-201 Generally.
Water
service furnished by the City shall be furnished in accordance with the rates,
charges and rules and regulations provided for in this article and such
additional rules and regulations as are promulgated pursuant to the authority
granted in this article.
(Code
1982)
Sec.
14-202 Application for
installation; permits; fees; extension of service.
A. Before any consumer of water shall
connect his premises with or use water from the water system of the City,
application for such installation must be made to the City by the owner of the
property on which the water is to be used or by his duly authorized agent. The application shall be made on a form
supplied by the City, and among other things, shall state the location of the
property and the purpose for which the water is used.
B. The Director of Utilities, from the
facts stated in the application for water service, will determine the size of
the tap, service line and meter required.
The fee shall be as set by the Board of Commissioners. The service line, in connection with such
installation, shall not exceed the distance from the water main to the meter
location on the terrace; if not on the terrace, to the property line, not to
exceed sixty (60) feet. Standard
three-fourths-inch (3/4”) service lines with five-eighths-inch (5/8”) meter
settings which are over sixty (60) feet in length will need one-inch (1”)
service lines and appropriate size meter settings installed to avoid excessive
pressure loss due to pipe friction. The
installation fees are established as follows:
1. Price of material, City’s cost.
2. Labor
charge, City’s cost.
3. Equipment charges, current City-owned (Utility Department) vehicles and equipment rental charge.
Any larger or smaller service lines over sixty (60)
feet in length will be sized and priced individually after consideration of
installation problems as found in the field.
Extension to the distribution system to furnish water services shall be
made in accordance with City policy.
(Code
1982)
State
law references-Authority to sell
service, K.S.A. 12-808; water contracts, K.S.A. 12-817; water supply, health
regulations, K.S.A. 65-156, 65-162a et seq.
Sec.
14-203 Deposits, when required.
Provision
for deposits for water service shall be as set forth by resolution.
(Code
1982)
State
law reference-Restrictions on
deposits, K.S.A. 12-822.
Sec.
14-204 Rates and conditions of
service.
The
rates, conditions and availability for specified quantities of water will be
set by resolution of the Board of Commissioners.
(Code
1982)
State
law reference-Meter deposits, K.S.A.
12-822.
Sec. 14-205 Time for payment; disconnection for nonpayment;
reconnection charge; exceptions;
waivers.
Each
customer shall make payment of the amount shown on his statement to be due at
the Office of the Utilities Department in the City Hall during regular office
hours on or before the due date or within the fifteen (15) days thereafter;
provided, that if the due date is the twenty-fifth (25th) day of a
calendar month, payment may be on or before the tenth (10th) day of
the calendar month following. If the
amount due is not paid within said time, the amount shall be classified as
delinquent and shall therefore have a late payment fee consisting of the
greater of ten dollars ($10.00)or ten percent (10%) of the billed amount. If the account becomes delinquent five (5)
days, the water service of the customer shall be disconnected and remain
discontinued until final payment is made due, including the late payment fee
imposed, plus any applicable disconnection and/or reconnection charges as may
be established by ordinance or resolution of the Governing Body. However, it will be the policy of the City
not to perform disconnections on Fridays.
REVISED: (Ord. No. 3121-94, 09-21-94)
Sec.
14-206 Meters, installation;
ownership.
All
water meters to be installed shall be installed and owned by the City, and all
meters to be installed or all existing meters or replacements for existing
meters which are reinstalled shall be located outside the curb line but within
the street right-of-way in a place conveniently accessible to meter readers and
repairmen. A meter and curb stop shall
be placed in a meter box with a cast iron cover as prescribed by the City. Where meters are required to be installed inside
a building, the City shall furnish the meter adapters for the installation of
the meters.
(Code
1982)
Sec.
14-207 Duty of property owner;
penalty.
It
shall be the duty of the property owner to keep the curb box cover or meter box
cover in view above the ground and not to permit it to become covered with dirt
or other material, and to keep the covers in place on the boxes. A violation of this Section is a Class C
misdemeanor.
(Code
1982)
Sec.
14-208 Service line and meter
repairs.
All
maintenance and repair of City-owned water service lines from the point of
attachment to the main, up to and including the curb stop valve, and all meters
and meter enclosures, shall be performed by the City. The City shall, at its own expense, maintain
and keep in repair all City-owned water service lines, curb stops, meters and
meter enclosures. Property owners who
own their own service lines, meters, curb stops and enclosures and who elect to
retain ownership thereof will be billed for repairs made to these items at the
cost to the City of making such repairs, and are hereby required to pay such
costs. Customers requesting their water
meter to be tested, or requesting water meter readings at times in addition to
regularly scheduled readings, will be billed for any applicable charges for
such services as may be established by ordinance or resolution of the Board of
Commissioners. If any meter tested is
not within three percent (3%) accuracy, plus or minus, then a proper adjustment
will be made at the next regular billing and any applicable change of meter fee
will be waived; provided, however, no adjustment shall be made for a period
exceeding the preceding two (2) months’ billing and in no event will adjustment
be made for the three percent (3%) range, plus or minus, of error.
(Code
1982)
Sec.
14-209 Service line and meter
replacement.
The
City shall make all replacements of all service lines, curb stops, meters and
meter enclosures whenever such replacement is necessary. Replacement of service lines, curb stops,
meters and meter enclosures, which are the property of the City’s Utility
Department with like items of the same size or capacity, will be made at the
expense of the Utilities Department. If,
in order to properly serve any premises, it is necessary to replace an existing
service line or meter owned by the Utilities Department, regardless of
condition, with a service line or meter of larger size or capacity, then the
tap fee provided for in Section 14-202 for the applicable size service line and
meter installed shall be paid by the property owner. Payment of the cost of replacement of service
lines, curb stops, meters and meter enclosures which are not owned by the
Utilities Department shall be made by the property owner. The City will bill the property owner for its
actual cost of making such replacement.
(Code
1982)
Sec.
14-210 Assignment of service
lines and meters; relocation; cost to property owner.
Any
property owner desiring to assign to the City all rights, title and interest in
and to their water service lines, curb stop valves, water meters and meter
enclosures may do so; provided, however, that the City shall not accept title
to that portion of any service line which extends beyond the City street or
alley right-of-way. If any water meter,
curb stop or meter enclosure located outside the street or alley right-of-way
is assigned to the Utilities Department, the Department shall be responsible,
as set forth in Sections 14-208 and 14-209, for the repair or replacement of
such water meter, curb stop or meter enclosure.
The Utilities department may, at any time, whether or not such meter,
curb stop or meter enclosure owned by it is in need of repair or replacement,
relocate such meter, curb stop or meter enclosure to conform to the location
requirement described in Section 14-206.
In the event of such relocation, the property owner shall pay the cost
of reinstalling his private service line from the meter to his
establishment. In no event shall the
City repair or replace at its expense any private service line which extends
beyond the
(Code
1982)
Sec. 14-211 Relocation of service lines and meters not owned by
Utilities Department; cost to
property owner.
When
it becomes necessary to replace a service line, curb stop, meter or meter
enclosure which is not located within the City street or alley right-of-way,
the City may relocate or install the meter, curb stop and meter enclosure to
conform to the provisions of Section 14-206.
In the event of such relocation or reinstallation, the property owner
shall pay the cost of reinstalling the private service lines from the relocated
or reinstalled meter to his establishment; provided, however, the City may pay
for such relocation when done so for the sole convenience of the City.
(Code
1982)
Sec.
14-212 Additional rules and
regulations.
The
City Manager shall promulgate such rules and regulations as may be necessary
from time to time to properly conduct and administer the operations of the
water system of the City and to establish conditions of service to its
customers. Violations of such rules and
regulations will be punishable as provided in this article. Fees for insufficient fund checks or other
uncollectible instruments or payment may be established by ordinance or
resolution of the Board of Commissioners.
(Code
1982)
Sec. 14-213 Unlawful to tamper with or break meter seal, alter
register, use or waste improperly metered water; penalty.
A. It shall be unlawful for any person to tamper with or break the seal on a water meter or to alter the register or mechanism of a water meter or to make outlets or connections in any manner which results or could result in the use or waste of water which has not been correctly metered, measured or charged for in accordance with the terms of this article, or to allow such use or waste of water as a result of such tampering, breaking or altering.
B. A
violation of this Section is a Class A misdemeanor.
(Code
1982)
Sec.
14-214 Unlawful to operate equipment without authority;
penalty.
It
shall be unlawful for any person without first being authorized to do so by the
City Manager or his designee to operate any valves, hydrants, stop gates, dams
or any other equipment or facilities, used in the operation of the water
system. A violation of this section is a
Class B misdemeanor. Customers wanting
to do their own plumbing and requiring the Utilities Department to turn the
water off while work is being done and back on after work is completed will be
charged an amount equal to the City’s actual cost to provide this service.
(Code
1982)
Sec. 14-215 Unlawful to make connections on public or private water
lines without permission; permit fee; penalty.
A. It shall be unlawful for any person to make or cause to be made any connection to or upon any private or public potable water source connected to the City’s water distribution system without first obtaining a permit to do so from the City. Prior to issuance of such permit, the City Inspector shall ascertain if the proposed connection is suitable for the intended purpose. In determining such suitability, the City Inspector shall require that an approved backwater protection device be installed in the line between any attachment and the potable water source. A violation of this section is a Class C misdemeanor.
B. Fees for permits required by this Section shall be as set by resolution of the Board of Commissioners.
C. If any person shall fail, neglect or refuse to comply with the provisions set forth in Subsection (A) of this section, the Board of Commissioners may cause to be made such repairs or alterations which may be required as a result of such noncompliance, and to assess the costs and expenses thereof against the affected property, such assessment to be made in the same manner as other special assessments are made, in the manner and form as set forth in this article.
(Code
1982)
Sec. 14-216 Unlawful to throw materials into, swim, bathe or play in
basins or reservoir or pollute water supply; penalty.
A. It shall be unlawful for any person to throw or place any object or pour any substance whatsoever into or to swim, play or bathe in the basins or reservoir of the Water Plant or in any manner pollute the water supply of the City.
B. A
violation of this Section is a Class B misdemeanor.
(Code
1982)
State
law reference-Areas surround certain
water impoundments, K.S.A. 65-184.
Sec.
14-217 City access to premises.
The
City Manager or his designee shall have access to any premises supplied with
water from the distribution system operated by the Utilities Department and
shall have authority to direct compliance with the provisions of this article
and with the rules and regulations promulgated pursuant to authority set forth
in this article.
(Code
1982)
ARTICLE III. ELECTRICAL SERVICE
Sec.
14-301 Rules and regulations.
The
electric service furnished by the City shall be furnished in accordance with
the rates, charges and rules and regulations provided for in this article and
such additional rules and regulations as are promulgated pursuant to the
authority granted in this article.
(Code
1982)
Sec.
14-302 Application for connection
permits.
Before
any user of electricity shall connect his premises with or use electric current
from the electric system of the City, application for the connection of such
service must be made to the City by the owner of the property on which the
electricity is to be used or by his duly authorized agent. The application shall be made on a form
supplied by the City and, among other things, shall state the location of the
property and the purposes for which the electricity is to be used. When the prospective user has met all
requirements, s/he shall be authorized to connect to or use electric current
from the electric system.
(Code
1982)
Sec.
14-303 Installation of meters,
service leads, sockets, location, change in location; expense.
A. All
electric meters shall be installed by the City after the customer has had all
wiring.
B. The City shall have the right to designate the location of the electric meter for each customer. If the City deems it necessary to have the location of any meter changed to a different location, the customer shall cause the required change to be made. Any expense incident to a change in location of a meter to conform to the requirements of the City shall be borne by the property owner or the customer.
C. Unless otherwise designated by the City, all meters shall be located on the outside of the customer’s house or building. The meter socket base, or the metal meter enclosure, shall be not less than five (5) feet, nor more than seven (7) feet, above the ground or point where the meter reader will stand when reading the meter. Enclosed porches will not be considered as outside locations.
D. The customer’s service leads from the City’s service wires to the meter shall be installed either in rigid metal conduit or by other wiring methods approved in applicable ordinances of the City.
E. Meters for new service to new homes and new commercial buildings shall be installed in a meter socket base to be furnished by the City and installed by the customer at his expense. When there are alterations in the wiring of existing homes or commercial buildings which necessitate changes in the entrance switch, meter loop or meter setting, the customer shall install, at his expense, an approved City socket as furnished by the City.
F. The City shall keep all meters in good repair and proper working condition without cost to the customer, unless there is damage to the meter for which the customer is liable under other provisions of this article. All meters shall be inspected and tested by the City without cost to the customer as often as is deemed necessary by the City to determine the state of repair and recording accuracy. All tests of meters shall be made in accordance with established and accepted methods. The results of all testing of meters shall be conclusive. Customers requesting that their electric meter be tested because they question their bill will be billed for any applicable charges for such services as may be established by ordinance or resolution of the Board of Commissioners. If the meter tested is not within three percent (3%) accuracy, plus or minus, then a proper adjustment will be made at the next regular billing and the charge of meter fee will be waived; provided, however, no adjustment shall be made for a period exceeding the preceding two (2) months’ billing, and in no event will adjustment be made for the three percent (3%) range, plus or minus, of error.
(Code
1982)
Cross
references-Electrical code adopted, §
6-316; installation of underground electrical service, requirements, § 6-310,
completed, including service leads and meter loop, at his own expense. All wiring on the customer’s premises shall
be done in accordance with methods approved and in accordance with and meet all
requirements of the applicable ordinances of the City.
Sec.
14-304 Rates.
A
schedule of rates, conditions of service and availability shall be as set by
resolution of the Commission, which schedule shall be on file in the City
Manager’s Office.
(Code
1982)
Sec. 14-305 Time for payment; disconnection for non-payment;
reconnection or disconnection charge; exemptions; waivers.
Each
customer shall make payment of the amount shown on his/her statement to be due
at the Office of the Department of Utilities in the City Hall during regular
hours on or before the due date or within fifteen (15) days thereafter;
provided, that if the due date is the twenty-fifth (25th) day of a
calendar month, payment may be on or before the tenth (10th) day of
the calendar month following. If the
amount due is not paid within said time, the account shall be classified as
delinquent and shall therefore have a late payment fee consisting of the
greater of ten dollars ($10.00) or ten percent (10%) of the billed amount. If the account becomes delinquent five (5)
days, the electric service of the customer shall be disconnected and remain
discontinued until final payment is made of all amounts due, including the late
payment fee imposed, plus any applicable disconnection and/or reconnection
charges as may be established by ordinance or resolution of the Governing
Body. However, it will be the policy of
the City not to perform disconnections on Friday.
REVISED: (Ord. No. 3119-94, 09-21-94)
Sec.
14-306 Deposits, when required.
Provision
for deposits for electrical service shall be as set forth by resolution of the
Commission.
(Code
1982)
Sec.
14-307 Extensions of system.
Extensions
of the distribution system to furnish electric service shall be made in
accordance with City policy.
(Code
1982)
State
law reference-Electric power outside
city limits, K.S.A. 12-808 et seq.
Sec.
14-308 Disturbing uses, refusal
or termination of service.
The
City shall have the right to refuse service or terminate existing service to
any customer when the electric energy furnished is used to power any apparatus,
the use of which impairs the normal flow of power to other customers or which
otherwise interferes with the satisfactory operation of the electric system or
of any portion thereof.
(Code
1982)
Sec.
14-309 Suspension or interruption
of service; notice; Utilities dept. not liable.
The
City shall give notice to the customers affected of any suspension or
interruption of service whenever it is practicable; provided, however, that the
City shall have the right to suspend or interrupt delivery of electric energy,
without notice to the customers affected, whenever such suspension or
interruption is necessary to permit repair of lines or other facilities or
whenever conditions beyond the immediate control of the City require suspension
or interruption of service.
(Code
1982)
Sec.
14-310 Unlawful to tamper with
meters or to use or waste unmetered electricity; penalty.
A. It
shall be unlawful for any person to break the seal of any meter; to switch,
install or alter any wiring; to make any electrical connections; to attach any
wires; to attach any devices to wires or meters; or to arrange any wiring,
meter, equipment or device in a manner to obtain electric energy supplied by
the City, or to use or waste or allow to be used or wasted the same, without
such electric energy being properly metered, billed for or paid for in
accordance with the rates established by resolution; provided, however, that
duly licensed electricians performing work regulated by the ordinances of the
City may use sufficient electricity to test their work by permission of the
City Inspector or the Director of Utilities.
B. A
violation of this Section is a Class A misdemeanor.
(Code
1982)
Sec. 14-311 Unlawful to deface or injure department property, erect
signs, or interfere with electric system; penalty.
A. It shall be unlawful for any person to intentionally deface, injure or destroy any meter pole, wire, insulation, lamp or any other property or facility used in the operation of the electric system by the Utilities Department, or to erect signs on poles or buildings used in such operation without permission, or to interfere with the City’s electric system.
B. A
violation of this Section is a Class B misdemeanor.
(Code
1982)
Sec.
14-312 Rules and regulations,
authority to promulgate.
The
City Manager shall promulgate such reasonable rules and regulations as may from
time to time be necessary to properly conduct and administer the operation of
the electric system of the City and to establish conditions of service to its
customers. Violations of such rules and
regulations will be punishable as provided in this article. Fees for insufficient fund checks or other
uncollectible instruments of payment may be established by ordinance or
resolution of the Board of Commissioners.
(Code
1982)
Sec.
14-313 Right of inspection.
The
City Manager or designee or any City employee designated by the Director shall
have access to any premises supplied with electric energy by the electric
system operated by the City, and shall have authority to direct compliance with
the provisions of this article and with the rules and regulations promulgated
pursuant to the authority set forth in this article.
(Code
1982)
Sec. 14-314 Failure to comply with article and rules; duty of director;
discontinuance of service;
prosecution.
If
the City Manager or his designee shall discover, upon any premises served by
the electric system, any violation of this article, or of any rule or
regulation promulgated there under, the Director shall order cessation of the
prohibited practice or discontinue service to the premises or both, and s/he
may request the City Attorney to prosecute the offending customer or property
owner.
(Code
1982)
Sec. 14-315 Unpaid
and delingquent utility bills, costs of collection.
After authorization by the City Manager, on any collection action filed by the city attorney or any attorney acting on behalf of the City of Ottawa, for an unpaid and delinquent electric utility bill, the City hereby authorizes the said attorney to include as the costs of the action the reasonable collection costs, including but not limited to reasonable attorney fees necessary thereunder, as a lawful damage to be sought by the city attorney in any collection.
NEW
SECTION ADDED: (Ord. No. 3497-05, 2-2-05)
ARTICLE IV. ELIMINATION OF INFILTRATION
AND INFLOW SOURCES
Sec.
14-401 Intent.
Excessive
inflow and infiltration of stormwater from any source, private or public, into
the sanitary sewage system is a hazard to the health, safety and welfare of the
citizens of the City because such infiltration and inflow overloads the
capacity of both the sanitary sewer lines and treatment facilities. It is, therefore, necessary for the City to
adopt a uniform system of rules, regulations and standards to eliminate sources
and prevent inflow and infiltration from entering the public sanitary sewage
system from private property.
REVISED: (Ord. No. 3053-93, 01-06-93)
Sec.
14-402 Infractions and penalties.
A. Penalties for violation of any
provision of this article are as described in Section 14-112.
B. Notwithstanding Subsection (A) of this section, it shall be unlawful to refuse entry or access to the City while the City is discharging its official duties under this division.
REVISED: (Ord. No. 3053-93, 01-06-93)
Sec.
14-403 Disconnect order.
A. The Director of Utilities, or
designated representative, may issue an order directing the owner to disconnect
a private infiltration or inflow source from the sanitary sewer system. The order may state a deadline for
compliance, but such deadline shall not be sooner than thirty (30) days nor
longer than one (1) year after issuance of the order. Within ten (10) days after receipt of the
order the owner may, in writing, request a review hearing before the Director
of Utilities. The filing of such a
written request shall act as a stay order until after hearing. After such hearing, the Director of Utilities
may affirm, set aside or modify such order.
B. The Director of Utilities may
terminate sanitary sewage service by discontinuing water service to any
premises the owner of which failed or refused to comply with an order to
disconnect an inflow and/or infiltration source from the sanitary sewer system
within the time allotted.
C. The City may abate and temporarily or permanently enjoin the continuing connection of a private infiltration or inflow source as a nuisance, in any court of competent jurisdiction.
REVISED: (Ord. No.
3053-93, 01-06-93)
Sec.
14-404 Financial assistance.
Financial
assistance in the form of partial or full reimbursement for the cost of
disconnecting prohibited infiltration and inflow sources shall be provided to
persons who receive and comply with a disconnect order as described in Section
14-403. Such reimbursement shall be in
the amount and subject to the terms set out in Section 14-405.
REVISED: (Ord. No. 3053-93, 01-06-93)
Sec.
14-405 Procedure.
A. Upon verification by the City that a
prohibited private sector infiltration or inflow connection exists, the City
shall issue a disconnect order to the landowner subject to the conditions set
out in Section 14-402. The disconnection
work shall be performed under a permit issued by the City. After the landowner completes the disconnection,
the City shall re-inspect the premises to verify compliance with the disconnect
order and verify abatement of illegal connections. If compliance with this division is verified,
the City shall reimburse the owner for the expense of disconnection in an
amount equal to the actual cost of labor and materials, but not to exceed the
following maximum amounts:
Source description Maximum
amount
1. Directly
connected storm sump pump, per sump pump $750.00
2. Directly
connected storm sump pump with diverter valve,
per
sump pump $300.00
3. Combination
sanitary and storm sump pump,
per
sump pump$ $1,000.00
2.
Area drains
(driveway, patio, basement entry, etc.),each $1,000.00
5. Down
spouts, each $80.00
6. Clean out,
each S120.00
7. Other as
determined in the sole discretion of the city, each $1,000.00
B. Acceptance or the reimbursement
shall constitute a consent by the person accepting such payment to a
re-inspection of the premises by the City within one (1) year following payment
for the sole purpose of verifying continued compliance with this division. Such re-inspection shall be done at a
convenient time.
REVISED: (Ord.
No. 3053-93, 01-06-93)
ARTICLE V.
CROSS CONNECTION REGULATIONS
Sec.
14-501 Purpose and objectives.
The City hereby establishes a program to:
A. Protect
the public water supply system from contamination due to cross connection.
B. Prohibit and promote the elimination of all cross connections within the public water supply system.
C. Provide for the maintenance of a continuing effective cross connection control program.
D. Comply with the State Department of Health and Environment’s rules and regulations regarding water quality.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-502 Definitions.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
Approved backflow prevention device- means a device tested and accepted by the
Approved tester- means a trained technician who has successfully passed a City-approved
course in the inspection, testing and repair of backflow prevention
devices. An approved tester shall be
registered with the City.
Authorized representative- means any person designated by the City Manager to
administer the program created under this article.
Auxiliary water supply- means any water source or system, other than the
City’s system, that may be available to a building or premises. “Auxiliary water supply” does not include
other State Department of Health and Environment permitted public water supply
systems.
Backflow- means
the flow of contamination into the distribution system of a public water supply
system, either through back siphonage or back pressure.
Backflow prevention device- means any device, method or type of construction which
prevents backflow into the public water supply system. Backflow prevention devices are such devices
which are approved by the City or its authorized representative.
Consumer-
means any individual, firm, partnership, corporation or agency or their
authorized agent receiving water from the City.
Consumer water system- means all service pipes, distribution piping and all
appurtenances on the downflow of the service meter.
Contamination-
means the introduction to the public water supply system of any sewage,
processed fluids, chemicals, wastes or any other substance not approved by the
City or the State Department of Health and Environment.
Cross connection- means any physical connection or arrangement between two otherwise separate
piping systems, one of which contains potable water and the other of which
contains water of unknown or questionable quality or contamination, whereby
there may be flow from one piping system to the other piping system.
Flood level- rim
means the edge of the receptacle from which water overflows.
Free water surface- means a water surface at atmospheric pressure.
Frost proof closet- means a hopper with no water in the bowl and with the trap and water
supply control valve located below the frost line.
Nonpotable water- means water that is not safe for human consumption or that is of
questionable quality.
Plumbing-
means the practice, materials and fixtures used in the installation,
maintenance, extension or alteration of all piping fixtures, appliances and
appurtenances.
Potable water- means
water free from impurities in amounts sufficient to cause disease or harmful
health effects. Potable water shall
conform to State Department of Health and Environment requirements for public
water supplies.
Public water supply system- means a system for the provision to the public of
piped water for human consumption, if such system has at least ten (10) service
connections or regularly serves an average of at least twenty-five (25)
individuals daily at least sixty (60) days out of the year. Such term includes any source, treatment,
storage or distribution facilities under the control of the operator of the
system and used primarily in connection with the system, and any source,
treatment, storage or distribution facilities not under such control but which
are used in connection with such system.
Public water system- means the water supply source, distribution system and
appurtenances to the service meter operated as a public utility which supplies
potable water to the consumers’ water system.
RPZ- means a
reduced pressure principal backflow prevention device that is approved for use
by the City’s authorized representative.
Service connection- means the terminal end of the service line from the public water supply
system. If a meter is installed at the
end of the service, then “service connection” means the downstream end of the
meter.
Vacuum-
means an absolute pressure less than that exerted by the atmosphere.
Vacuum breaker- means a device that permits entrance check of air into the water supply
system line to prevent back siphonage.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Cross
reference-Definitions and rules of
construction generally, § 1-101; 1-102.
State
law reference-Protection of water
supply systems, K.S.A. 65-163a.
Sec.
14-503 Scope.
This
article shall apply to all consumers of the City’s public water supply system.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-504. Prohibited acts.
A. The public water supply system shall be designed, installed and maintained in such a manner as to prevent contamination through cross connections or piping connections to the public water supply system.
B. Cross connections are prohibited, except as approved by the City’s authorized representative. No cross connection shall be installed or maintained whereby an auxiliary water supply system may enter a public water supply system.
C. If, in the judgment of the City’s authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due and appropriate notice shall be given to the consumer. The consumer shall be given a reasonable amount of time to provide the required protection, at the consumer’s expense. Failure or refusal to provide such protection shall constitute grounds for disconnection to the public water supply system until such time as protection has been provided.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-505 Approved cross connection
devices.
A. An approved backflow prevention device must be installed on each service line to a consumer’s water system serving a premises where there is actual or potential cross connection.
B. An approved air gap separation or
RPZ must be installed at the service connection or within any premises where,
in the judgment of the City’s authorized representative, the nature or extent
of activities on the premises, or the materials used in connection with the
activities or materials stored on the premises, may present contamination of
the public water supply system from a cross connection.
C. Examples of situations where air gap separation or RPZ must be installed may include, but are not limited to, the following facilities or situations:
1. Premises having an auxiliary water
supply.
2. Premises having internal plumbing arrangements which make it impractical to ascertain whether or not a cross connection exists.
3. Premises where entry is restricted so that inspection for cross connections cannot be made with sufficient frequency or at sufficiently short notice to ensure that cross connections do not exist.
4. Premises having a previous history of cross connections being established or reestablished.
5. Premises
which, due to the nature of the enterprise therein, are subject to recurring
modifications or expansion.
6. Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross connection could reasonably be expected to occur. This shall include the handling process waters and cooling waters.
7. Premises
where toxic or hazardous materials are handled.
8. Potable
water connections to boiler water feed systems in which boiler water
conditioning chemicals are or can be introduced.
9. Potable water connections to fire lines and fire sprinkler systems in which water conditioning chemicals are or can be introduced, or piping not approved for potable water.
10. Agricultural
chemical facilities.
11. Buildings:
hotels, apartments, public or private buildings, or other structures having
actual cross connections.
12. Bulk
water facilities.
13. Car
washing facilities.
14. Chemical
manufacturing, processing, compounding or treatment facilities.
15. Chill water systems.
16. Dairies
and cold storage facilities.
17. Feed
lots.
18. Film
or photography processing laboratories.
19. Hazardous
wastes storage and disposal sites.
20. Hospitals,
mortuaries, clinics, or other such facilities as discovered by water use
surveys.
21. Irrigation
and sprinkler systems.
22. Laundries
and dry cleaners.
23. Meat
processing plants.
24. Metal manufacturing, cleaning, processing and fabricating plants.
25. Oil
and gas production, refining, storage or transmission properties.
26. Packing
or food processing plants.
27. Plating
plants.
28. Power
plants.
29. Research
and analytical laboratories.
30. Sand,
gravel and asphalt plants.
31. Schools
and colleges.
32. Sewage
and storm drainage facilities and reclaimed water systems.
33. Solar
heating systems.
34. Temporary service connections such as fire hydrants, air valves, water blowoffs and other outlets.
35. Veterinary
clinics.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-506 Prohibited connections.
The
following connections to the public water supply system are prohibited, unless
properly protected by the appropriate approved backflow prevention device:
A. Bidets.
B. Operating, dissecting, embalming and mortuary tables or similar equipment. In such installations the hose used for water supply shall terminate at least twelve (12) inches away from every point of the table or its attachments.
C. Building
drains, sewers or vent systems.
D. Commercial
buildings or industrial plants, manufacturing or otherwise using polluting or
contaminating substances.
E. Frost
proof closet yard hydrants and any fixture of similar hazard.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-507 Approved backflow
prevention devices.
A. Any
backflow prevention device required by this article shall be of a model
approved by the
B. The following devices are recognized for cross connection control and backflow prevention by the City:
1. Air
gap: The air gap must be two pipe diameters and in no case less than one inch.
2. Barometric loops.
3. Atmospheric
vacuum breakers.
4. Pressure
vacuum breakers.
5. Dual
check valves.
6. Double
check valve assemblies.
7. RPZ.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-508 Installation of backflow
prevention devices.
A. Approved backflow prevention devices required by this article shall be installed at a location and in a manner approved by the City’s authorized representative. All devices shall be installed at the expense of the consumer.
B. All approved backflow prevention
devices shall be installed at the service connection, on the consumer’s side of
the water meter, as close to the meter as is reasonably practical, and prior to
any other connection.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-509 Inspection, maintenance
and repair of backflow prevention devices.
A. Consumers
are required to notify the City’s authorized representative within thirty (30)
days of any inspection, tests, repairs and overhauls of backflow prevention
devices in accordance with the following schedule:
1. Air gap separations shall be
inspected at the time of installation.
2. All backflow prevention devices
shall be inspected and tested at the time of installation and shall be tested
annually thereafter.
3. RPZ’s shall be dismantled and
inspected every five (5) years and rebuilt if needed.
4. All backflow devices shall be
rebuilt when it fails testing or when apparent lack of maintenance or physical
inspection by a certified inspector or a city’s authorized representative
indicates the need.
B. Inspections, tests, and repairs of backflow prevention
devices shall be made at the expense of the consumer and shall be preformed by
an approved tester.
REVISED: (Ord.
No. 3031-92, 07-01-92; Ord. No. 3046-92, 11-18-92; Ord. No. 3719-09)
Sec.
14-510 Record keeping; tags;
inspection, etc., by City; authority for removal of devices, etc.
A. The consumer must maintain a
complete record of each backflow prevention device from purchase to
retirement. Records shall include all
tests, inspections and repairs. All
records of inspections, tests and repairs shall be provided within thirty (30)
days to the City.
B. Backflow
prevention devices shall have a tag showing the date of last inspection, the
test, repair or other maintenance.
C. The City’s authorized representative
may inspect all backflow prevention devices’ installation and may assist in the
development of the appropriate testing and repair schedules for such devices.
D. Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific written authorization by the City’s authorized representative.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-511 Surveys and
investigations.
In
addition to the provisions of Section 14-217, the consumer shall provide access
to such Consumer’s premises and information for the purpose of conducting
surveys and investigations of water use practices.
REVISED: (Ord.
No. 3031-92, 07-01-92)
Sec.
14-512 Violation; penalties.
A. If a violation of this article is not corrected within thirty (30) days of notification by the City, a fine of up to one hundred dollars ($100.00) per day for each violation may be levied, and/or the City may terminate delivery of water to the building or premises.
B. Water service, if discontinued, shall not be restored until the consumer is in compliance with this article.
REVISED: (Ord. No. 3031-92, 07-01-92)