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

(a)   ASTM -  shall mean the American Society of Testing Materials or publications thereof.

(b)   B.O.D. (denoting Biochemical Oxygen Demand) -  shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.

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

(d)   Building Sewer -  shall mean the extension from the building drain to the public sewer or other place of disposal beginning two feet outside the inner face of the building wall.

(e)   Capital Charge -  shall mean that portion of the total wastewater service charge which is levied for local capital costs, local investment in plant facilities and other local costs excluding operation, maintenance and replacement costs.

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

(g)   Compatible Wastes -  shall mean wastes containing pollutants for which the water pollution control plant was designed to treat and which are identified in the national pollutant discharge elimination system (NPDES) permit issued by the United States Environmental Protection Agency to the water pollution control plant of the city.

(h)   Control Authority -  shall mean the approval authority defined hereinabove; and/or the city utility superintendent, in a city pretreatment program approved under the provisions of 40-CFR-403.11.

(i)    Cooling Water -  shall mean water discharged from any system of air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(j)    Garbage -  shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(k)   Grab Sample -  shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(l)    Health Officer -  shall mean the person having public health responsibility by the State of Kansas and/or by Harvey County.

(m)  Industrial Cost Recovery (ICR) -  shall mean recovery by the governing body from the industrial users of a treatment works and collection system of the grant amount allocable to the treatment and collection of wastes from such users.

(n)   Industrial Cost Recovery Period -  shall mean the industrial cost recovery period equal to 20 years or to the period to which the grant amount allocable to the treatment of wastes from industrial users is recovered from the industrial users of such wastes.

(o)   Industrial User -  shall mean:

(1)   Any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A.  Agriculture, Forestry and Fishing.

Division B.  Mining.

Division D.  Manufacturing.

Division E.  Transportation, Communications, Electric, Gas and Sanitary Services.

Division I.  Services.

(A)  In determining the amount of a user’s discharge for purposes of ICR, domestic wastes or discharges from sanitary conveniences may be excluded.

(B)  After applying the sanitary waste exclusion, discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of BOD or SS equivalent to that found in 25,000 gpd of sanitary waste are considered industrial users.  Sanitary wastes, for purposes of this calculation of equivalency are wastes discharged from residential users.

(2)   Any nongovernmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains 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.

(3)   All commercial users of an individual system constructed with grant assistance.

(p)   Industrial Wastes -  shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(q)   Natural Outlet -  shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(r)    Normal Domestic Wastewater -  shall mean wastewater which the average concentration of suspended solids is established at 300 mg/1; the average concentration of five-day BOD is established at 250 mg/1; and the average concentration of oil and greases is established at 100 mg/1.

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

(t)    Properly Shredded Garbage -  shall mean 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 inch (1.27 centimeters) in any dimension.

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

(v)   Replacement -  shall mean 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. 

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

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

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

(z)   Sewage Works -  shall mean all facilities for collecting, pumping, treating and disposing of sewage.

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

(ab) Slug -  shall mean 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 15 minutes more than five times the average 24 hour concentration or flows during normal operation.

(ac) Storm Sewer or Storm Drain -  shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(ad) Storm Water -  shall mean any surface water resulting from any form of natural precipitation which may or may not be mixed with an accumulation of dirt, soil and other debris or substances collected from the surfaces on which such precipitation falls or flows.

(ae) Superintendent -  shall mean the utility superintendent of the city or his or her authorized deputy, agent or representative.

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

(ag) Useful Life -  shall mean the estimated period during which a sewage treatment plant will be operated; for the city the design life of 10 years shall be used.

(ah) User -  shall mean a person or legal entity producing or causing to be produced wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater collection and treatment system.

(ai)  User Charge -  shall mean 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 and collection system.

(aj)  Wastewater -  shall mean sewage and the two terms may be interchanged without altering the meaning of either.

(ak) Wastewater Collection and Treatment System -  shall mean a system including sanitary sewers, sewer mains, pump stations, processing and treatment facilities, holding ponds, etc. all used for the gathering, transporting and treating of wastewater prior to its re-entry into rivers, streams or other bodies of water.

(al)  Wastewater Treatment Facility -  shall mean any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature to implement section 201 of the Federal Water Pollution Control Act (33-U.S.C.-1251 et seq.) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 96-500) and Pub. L. 93-243, or necessary to recycle or reuse water at the most economical cost of the useful life of the works, including intercepting sewers, outfall sewers, wastewater collection systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions, and alternations thereof; elements essential to provide a reliable recycled supply such as stand-by treatment units and clear will facilities; and any works, including side acquisition of the land that will be an integral part of the treatment process or used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm runoff, or industrial waste, including waste in combined stormwater and sanitary sewer system.

(am) Watercourse -  shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 100-1987-045, Art. I)

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a sanitary sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public wastewater collection system in accordance with the provisions of this article and amendments thereto within 90 days after date of official notice to do so, provided that said public wastewater collection system is within 150 feet of the property line.

(Ord. 100-1981-043, Art. II, Sec. 4)

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

(b)   There shall be two classes of building sewer permits for ICR purposes.  The classification for sewer permits shall be either residential which shall encompass all buildings being used primarily for residential purposes and commercial which shall include all premises used for other than residential purposes.

(c)   A permit and inspection fee of $20.00 shall accompany each application to connect to the public sewer system at the time the application is filed with the city clerk:

The owner or his or her agent shall make application on a special form furnished by the city.  The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent.

(d)   When no assessment has been made for the lateral sewer against the property to be connected to the City sewer, upon approval of the application for connection to the City, the assessment fee for allowing connection to the municipal sewer shall be designated by City staff in writing.  The assessment fee shall be the pro rata cost as determined by taking the average of the three (3) most recent sewer utility projects within the City and applying to the applicant’s property the same method of assessment, whether per lot or otherwise, said calculation to utilize the three (3) most recent project’s total cost assessed in making the calculations.

(Ord. 100-1987-045, Art. IV, Secs. 1:2; Code 2007)

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

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

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

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

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

(Code 1990)

All costs and expenses incident to the installation and connection of the building sewer shall be paid by the owner or contractor.  The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 100-1981-043, Art. IV, Sec. 3)

The connection of the building sewer into the public wastewater collection system shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.  All such connections shall be made gastight and watertight.  Any deviation from the prescribed procedures and materials must be approved by the city before installation. 

(Ord. 100-1987-045, Art.  IV, Sec. 9)

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

(Ord. 100-1981-043, Art.  IV, Sec. 10)

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.  In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. 

(Ord. 100-1981-043, Art. IV, Sec. 4)

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

(Ord. 100-1981-043, Art. IV, Sec. 7)

All excavations for building sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(Ord. 100-1981-043, Art. IV, Sec. 11)

(a)   If any person as defined in section 1-102 shall fail, neglect or refuse  to connect any dwelling or building with the sewer system for more than 10 days after being notified in writing by the governing body to do so, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

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

(Code 1990)

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. 

(Ord. 100-1981-043, Art. II, Sec. 3)

Where a public sanitary sewer is not available under the provisions of section 15-302 the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 100-1981-043, Art. III, Sec. 1)

Before commencing construction of a wastewater disposal system, the owner shall first obtain a written permit signed by the superintendent.  The application shall be made on a form furnished by the city accompanied by any plans, specifications or other information deemed necessary by the superintendent.  A permit and inspection fee of $25.00 shall be paid to the city at the time the application is filed. 

(Ord. 100-1981-043, Art. III, Sec. 2)

A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.  The superintendent shall be allowed to inspect the work at any stage of construction.  The applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within 96 hours of the receipt of the notice by the superintendent. 

(Ord.  100-1981-043, Art. III, Sec. 3)

(a)   The type, capacities, location, and layout of the private wastewater disposal system shall comply with all recommendations of the Kansas Department of Health and Environment.  No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet.  In the case of a private water supply, the minimum lot size shall be 40,000 square feet.  No septic tank or cesspool shall be permitted to discharge to any 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 15-302, a direct connection shall be made to the public wastewater collection system within 60 days in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be cleaned and filled with clean bank-run gravel, locally available chat or soil.

(Ord. 100-1981-043, Art. III, Secs. 4:5,8; Code 1990)

(c)   Properties zoned Agricultural or Residential Suburban with functioning septic tanks or lagoon systems shall be exempted from the requirement to connect to the public wastewater collection system until such time as the septic tank or lagoon no longer meets state or federal requirements.

(Ord. 010-2009-181)

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

(Ord. 100-1981-043, Art. III, Sec. 7)

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

(Ord. 100-1981-043, Art. III, Sec. 6)

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.

(Ord. 100-1981-043, Art. II, Sec. 1)

It shall be a misdemeanor 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. 

(Ord. 100-1981-043, Art. VI; Code 1990)

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

(Ord. 100-1981-043, Art. II, Sec. 2; Code 1990)

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 as hereafter modified. 

(a)   Minimum internal pipeline diameter for all building sewers shall be four inches.

(b)   Building sewers shall be constructed of one of the following pipeline materials:

(1)   Extra-strength vitrified clay pipeline and fittings conforming to ASTM C 700.

(2)   Polyvinyl chloride (PVC) gravity sewer pipe and fittings, Type PSP or PSM conforming to ASTM Standards D 3033 or D 3034.  All PVC sewer pipe shall be at least Schedule 40.

(3)   Cast or ductile iron pipe with a minimum pressure rating of 150 pounds per square inch conforming to Federal Specification WW P421b, or ANSI A21.51, A21.6 or A21.8, except that iron used in the manufacture of pipe shall have minimum design strength value, in pounds per square inch, of 21,000 for bursting strength and 45,000 for modules of rupture.

(Ord.  100-1981-043, Art. IV, Sec. 6)

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

(Ord. 100-1981-043, Art. IV, Sec. 5)

(a)   GREASE. OIL AND SAND TRAPS. Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. 

(b)   BACKWATER VALVE. All new or remodeled residential structures, which require a permit, shall include the installation of an approved and listed backwater valve for all openings and fixtures located in basements or any occupied floor which has a finish floor height below the nearest manhole cover. Such valves shall be installed in accordance with the current adopted building code and the approved current plumbing methods. EXCEPTION: A basement which has a sewage ejection sump or system.

(Ord. 100-1981-043; Ord. 100-2007-070)

It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge uncontaminated cooling water or unpolluted industrial process water into any public wastewater collection system.

(Ord. 100-1981-043; Code 1990)

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the superintendent.  Such flow shall also be subject to federal and state regulation.

(Ord. 100-1981-043, Art. V, Sec. 2)

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

(a)   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(b)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

(c)   Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the treatment works.

(d)   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, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

(Ord. 100-1981-043, Art. V, Sec. 3)

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance.  In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such facts as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant and other pertinent facts.  The substances prohibited are:

(a)   Any liquid or vapor having a temperature higher than 120 degrees Fahrenheit (49 degrees Centigrade).

(b)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg per liter or containing substances which may solidify or become viscous at temperatures between 32 degrees and 120 degrees Fahrenheit (0 degrees and 49 degrees Centigrade).

(c)   Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of 3/4 horse-power (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.

(d)   Any waters or wastes containing strong acid pickling wastes or concentrated plating solutions whether neutralized or not.

(e)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater at the wastewater treatment works exceed the limits established by the superintendent for such materials or pretreatment requirements established by federal, state or other public agencies having jurisdiction over such discharges.

(f)   Any water or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite wastewater, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge.

(g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(h)   Materials which exert or cause:

(1)   Unusual concentrations of inert suspended solids (such as but not limited to Fullers earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride, or sodium sulfate).

(2)   Excessive discoloration (such as but not limited to, dye wastes and vegetable tanning solutions).

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

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

(i)    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.

(j)    Any waters or wastes having:

(1)   A five-day BOD greater than 300 milligrams per liter;

(2)   Containing more than 350 milligrams per liter of suspended solids; or

(3)   Having an average daily flow greater than two percent of the average wastewater flow of the city, shall be subject to the review of the superintendent.

Where necessary in the opinion of the superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to

(1)   Reduce the biochemical oxygen demand to 300 milligrams per liter;

(2)   Reduce the suspended solids to 350 milligrams per liter; or

(3)   Control the quantities and rates of discharge of such waters or wastes.

Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent.  No construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 100-1981-043, Art. V, Sec. 4)

(a)   If any waters or wastes are discharged or are proposed to be discharged to the public wastewater collection system, which waters contain the substances or possess the characteristics enumerated in section 15-328 of this article, and which in the judgment of the superintendent may have a deleterious effect upon the treatment works, processes, equipment, or receiving waters or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:

(1)   Reject the wastes,

(2)   Require pretreatment to an acceptable condition for discharge to the public sewers,

(3)   Require control over the quantities and rates of discharge and/or,

(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

(b)   If the superintendent 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 superintendent and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 100-1981-043, Art. V, Sec. 5)

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

(Ord. 100-1981-043, Art. V, Sec. 7)

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.  The manhole shall be accessibly and safely located.  The manhole shall be installed by the owner at his or her expense in accordance with plans approved by the superintendent and shall be maintained by him or her so as to be safe and accessible at all times.

(Ord. 100-1981-043, Art. V, Sec. 8; Code 1990)

All measurements, tests, and analyses of the characteristics of waters and wastes shall be performed by a laboratory approved by the superintendent and shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the treatment works and to determine the existence of hazards to life, limb, and property.  (The particular analyses involved will determine whether a 24 hours composite of all building sewers of a premises is appropriate or whether a grab sample or samples should be taken.  Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all building sewers whereas pH’s and heavy metals are determined from periodic grab samples.) 

(Ord. 100-1981-043, Art. V, Sec. 9)

Any pretreatment standards as established by state, federal, or other public agencies of jurisdiction for such discharge will be used as the minimum requirements by the superintendent as applied to this article.

(Ord. 100-1981-043, Art. V, Sec. 10)

The superintendent and 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 superintendent or his or her 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.  Any report, record or information taken for purposes of administrating this article shall remain confidential to the superintendent, except that such report, record or information may be disclosed to other officials, employees or authorized representatives of the city and except for such effluent information as may be required by federal and state regulations. 

(Ord. 100-1981-043, Art. VII, Sec. 1)

The superintendent 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 purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater collection system lying within the easement.  All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easements pertaining to the private property involved.

(Ord. 100-1981-043, Art. VII, Sec. 3)

While performing necessary work on private properties, the superintendent or authorized employees of the city shall observe all safety rules applicable to the premises established by the company.  The company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-331.

(Ord. 100-1981-043, Art. VII, Sec. 2)

(a)   Any industrial user requesting sewer service after January 1, 1979 shall establish or cause to be established the quality, quantity and peak flow rate characteristics of the user’s wastewater and shall present this information to the superintendent in such a manner that the superintendent shall determine if an industrial cost recovery (ICR) rate shall be established for the user.  The cost of establishing these characteristics shall be paid by the user.

(b)   Under the ICR program, any industrial user’s share shall be based on all factors which significantly influence the cost of the wastewater collection and treatment system, such as quality, volume, and delivery flow rate characteristics which shall be considered and included to insure a proportional distribution of the grant assistance allocable to the industrial user’s use, or capacity firmly committed for its use and shall not include an interest component.  As a minimum, an industrial user’s share shall be proportional to its flow in relation to the treatment works flow.

(c)   Whenever current standards, regulations or guidelines are altered by any governmental agency in such a manner as to cause an expansion and/or upgrading of the treatment works which are not covered by user’s fees, and require federal grant moneys, each industrial contributor’s ICR fee will be adjusted in accordance with the current regulations to reflect the costs of expanding and/or upgrading the treatment works.

(Ord. 100-1981-043, Art. VIII)

In the event a lot, parcel of land, premise or facility discharging wastewater, industrial process waste, water or other liquids, either directly or indirectly into the city’s wastewater collection and treatment system or which eventually enters the system, is supplied with water from any source other than from the city’s water system, then the sewer user charge will be estimated at 100 gallons per capita per day, unless the owner of the lot, parcel of land, premise or facility installs, and maintains at his or her own expense, a water meter approved by the city’s water department which shall serve as a control for the establishment of the sewer user charge and shall be accessible to the city’s meter readers. 

(Ord. 100-1981-043, Art. IX, Sec. 1)

Where more than one water meter is installed for service to one industry or commercial business located at a single site or adjoining sites, only one minimum monthly charge shall apply. The additional monthly charge shall apply to the total average winter water use from all meters which supply service to one industry or commercial business located at a single site or adjoining sites. 

(Ord. 100-1981-043, Art. IX, Sec. 2)

Where it can be established that a contributor has had a water leak during the establishment of the contributor’s average winter water use, the contributor’s charge may be adjusted by the cashier of the utility office by using the previous year’s average winter water use or portion thereof.

(Ord. 100-1981-043, Art. IX, Sec. 3)

If wastewater service is commenced or terminated during a period for which bills are rendered, billing shall be prorated on a daily basis. 

(Ord. 100-1981-043, Art. IX, Sec. 4)

The city shall maintain at least two ledger accounts for user charge revenues as follows:

(a)   Operation and Maintenance Account.  An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works.

(b)   Replacement Account.  An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works as defined in section 15 301.

(Ord. 100-1981-043, Art. IX, Secs. 5:6; Code 1990)

Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement.  The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed. 

(Ord. 100-1981-043, Art. IX, Sec. 6; Code 1990)

Whenever current standards or guidelines are altered by any governmental agency in such a manner as to cause expansion and/or upgrading of the treatment works, user charges and ICR rates, if any, shall be adjusted in accordance with the current guidelines to reflect the costs of expanding and/or upgrading the treatment works.

(Ord. 100-1981-043, Art. IX, Sec. 7)

(a)   All users of the sewage system shall be billed at the same rate regardless of their usage.  The difference in the amount collected will depend upon the volume of water used and the base period used to determine the monthly rates.  Determination of which base is applied to any user shall be made by the governing body of the city.

(b)   For all residential, commercial, and certain industries, with demands similar to residences, the base period shall be December through March.  All bills from April through March shall be based on the average monthly usage during the preceding base period.

(c)   For commercial and industrial users whose flow year round enters the sewer system the base period shall be the preceding month.

(d)   Any user discharging a waste which increases any cost of collection or treatment shall pay the increased cost either as a surcharge included with the regular billing or by separate invoice at the option of the governing body. The basic formula for such a surcharge shall be:

SUR = TC (Flow/TF + BOD/TB + TSS/TT)

Where:

SUR	Surcharge for the individual use (per year)
TC	Total cost of treatment (per year)
Flow	Flow of the individual user (gal./avg. day)
TF	Total flow at treatment facility (gal./avg. day)
BOD	Biochemical Oxygen Demand of the individual user (#/avg. day)
TB	Total BOD at treatment facility (#/avg. day)
TSS	Total Suspended Solids of the individual use (#/avg. day)
TT	Total TSS at the treatment facility (#/avg. day)

(e)   Users wishing to appeal their user charge must request a hearing through the city clerk in writing.

(Ord. 100-1987-046, Sec. 2, 4:5)

The rates per month for the use of sanitary sewer service shall be as follows for customers within the City of Hesston:

(a)   The monthly charge for residential sanitary sewer service shall include a base rate of $13.00 and a $3.25 surcharge for each 1,000 gallons based upon the following: 

       The surcharge will be collected each month based on the water usage during the appropriate base period.  For all the residential, commercial and certain industries with demands similar to residential usage, the base period shall be based on water consumption for the months of December, January, February and March with the highest usage month being eliminated from the averaging.  All bills from May through April shall be based on the average monthly usage during the preceding base period.

(b)   For all sewer meters serving more than one dwelling unit, a multiple use metering charge shall apply.  The multiple use metering charge shall be assigned to all apartment buildings, mobile home parks, senior housing, or special care facilities, dormitories and homes containing rented apartments or rooms occupied by someone other than the primary occupants of the residence.  Multiple use metering charges shall be a fixed monthly charge per living unit of $22.75.

(c)   For commercial and industrial users whose flow, year-round, enters the sanitary sewer system, the base period shall be determined by utilizing the preceding month’s water consumption.

(d)   Determination of which base is applied to any user shall be made by the City Clerk.

(Ord. 100-2013-074

Owners and members of a rural sewer district and other rural customers situated outside the city limits may be granted permission by contract, in the discretion of the governing body, to connect such premises to the city’s sewage disposal system and discharge sewage from such premises as provided in this article.

(Ord. 100-1989-048, Sec. 1)

Any contract, between the city and a rural sewer district or other rural customers shall require payment of sewer service use fees as established in section 15-349 and any subsequent use fees be less for outside city users than for city users.  This section does not preclude the city from charging additional fees designed to cover capital costs or other nontreatment charge costs. 

(Ord. 100-1988-048, Sec. 2)

All rural sewer districts and other rural customers shall pay for sewer rates based on the volume of water used and the appropriate base period as hereby established:

(a)   The monthly charge for residential sanitary sewer service shall include a base rate of $22.00 and a $5.90 surcharge for each 1,000 gallons based upon the following:

       For all residential, commercial and certain industries with demands similar to residential usage, the base period shall be December through March with the highest usage month being eliminated from the averaging.  All bills from May through April shall be based on the average monthly usage for the preceding base period.

(b)   For commercial and industrial users whose flow year round enters the sanitary sewer system, the base period shall be determined by utilizing the preceding month’s water usage.

(c)   Determination for the appropriate base period shall be made by the City Clerk.

(Ord. 100-2013-074)

Maintenance of the sanitary sewer system, if provided by the city, will be billed as follows:

(a)   Sewer Line Maintenance:  The extent of the sewer service line maintenance, if any, that will be performed by the city for the rural sewer district will be established by contract which shall be approved by the governing body.  Any maintenance charges on sanitary sewer service lines under the contract between the city and rural sewer district and other rural customers shall be billed at the normal rate established by Resolution No. 683.

(b)   Pump Station Maintenance:  The extent of maintenance, if any, to be performed on any pump grinder, lift station, force main pump or any such appurtenances shall be established by contract between the city and the rural sewer district and other rural customers.  All charges for servicing, repairing or replacing such equipment shall be negotiated as part of the contract and shall allow the city to recover all costs associated with the maintenance.

(Ord. 100-1988-048, Sec. 4)

(a)   Any rural sewer district or other rural customer desiring to make such sewer connection shall apply, in writing, to the city clerk for a permit to do so.  Such application shall state:

(1)   The legal description of the premises;

(2)   The name of the owner or owners;

(3)   The number and kind of sewer intake openings to be connected;

(4)   The exact point of proposed connection; and

(5)   Proposed contract between the applicant and the city.

(b)   The city clerk, upon receiving such application, if he or she finds the application to be in proper form and that the sewer to which applicant desires to connect is not overloaded and the sewage from such premises can be disposed of without additional expense to the city in excess of the service charges reasonably anticipated to be received from such premises that such sewer connection will be made without expenses to the city, may after review and approval of the governing body issue the applicant a permit to make such connection to the sewage disposal system as shown in the application or as the governing body may direct.

(c)   The sewer service and maintenance charges imposed herein shall be payable to the city clerk.

(d)   In the event of nonpayment of the sewer service charge, water service shall be discontinued, and before service shall be restored, the customer shall pay the bill and the further sum of $35.00 for reconnection.

(Ord. 100-1988-048, Secs. 5:7)

The city shall annually, or as soon as possible, following the close of the fiscal year cause an audit to be made by a competent firm of certified public accountants experienced in public utility accounting of the accounts of the sewer system for the preceding fiscal year.  Each audit, in addition to such matters as may be thought proper by the accountants, shall, without limiting the generality of the foregoing, include statements of gross revenues, operational expenditures, and net operational incomes and shall contain an operational balance sheet, a statement of the number of customers served, a statement of profit and loss, a statement of all bonds called or matured and all interest paid, a statement of the amount and character of insurance carried, and a statement and summary of the accountants’ recommendations as to the city’s practices and procedures of the sewer system operations. 

(Ord. 100-1987-046, Sec. 8)

(a)   Bills shall be rendered monthly as provided in section 15-226 and shall be collected as a combined utility bill. Delinquent solid waste bills shall carry the same due dates, grace periods and penalties as water bills.

(b)   In the event any person, except the United States and the State of Kansas or any political subdivision thereof, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-102:104.  Before service shall be restored, the customer shall be required to pay the delinquent bill, interest penalty thereon and a reconnection charge of $20.00.

(c)   In lieu of terminating water service, the governing body may elect to assess such delinquent charges as a lien upon the real estate serviced as provided in section 15-106, and the city clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in like manner as other taxes are collected.

(Ord. 100-1987-046, Secs. 6:7; Code 2007)

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

(Ord. 100-1981-043, Art. II, Sec. 5)

(a)   Any person found to be violating any provision of this article except section 15-320 shall be served by the city with written notice stating the nature of the violation and giving 30 days for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b)   Any person charged with a violation of a provision of this article except section 15-320 shall correct or submit to the city a plan for satisfactory correction of the violation within 30 days of the receipt of notice of violation unless, due to the hazardous nature of the violation a shorter time is necessitated.

(c)   Any person who shall continue any violation beyond the time limit provided for in subsection (a) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding $500.00 for each violation, or a jail sentence not exceeding 30 days, or by both such fine and imprisonment.  If the conviction is for a violation committed after a first conviction of such person under this article, punishment shall be a fine not exceeding $1,000.00 per day of such violation, together with imprisonment of not exceeding 90 days or by both such fine and imprisonment.  Each day in which any such violation shall continue, shall be deemed a separate offense.

(d)   The city shall cause the violation of any provision of this article except section 15-320, to be corrected, repaired, altered, or improved; and the costs thereof shall be charged to the person found to be violating this article and shall become a lien against the real property upon which such cost was incurred.

(e)   The city may suspend for a reasonable time the wastewater treatment service and/or the wastewater or industrial wastewater discharge permits of the person violating any provision of this article in order to stop an actual or threatened discharge into the sanitary sewer system.

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

(Ord. 100-1987-045, Art. X)