CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 2. WATER

The general management, care, control and supervision .of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body.

(Code 1991)

The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article.

(Code 1991)

The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers.

(Code 1991)

(a)   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located public water mains, is hereby required at his or her own expense to make connection to such public water main.

(b)   Before any connection is made to the city’s water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.

(Code 1991)

(a)   Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.

(b)   The application shall:

(1)   Contain an exact description including street address of the property to be served;

(2)   State the size of tap required;

(3)   State the size and kind of service pipe to be used;

(4)   State the full name of the owner of the premises to be served;

(5)   State the purpose for which the water is to be used;

(6)   State any other pertinent information required by the city clerk;

(7)   Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.

(c)   Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207.

(Code 1991)

AJI taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only.

(Code 1991)

The fees for connection to the city waterworks system shall be established by resolution of the governing body and maintained in the office of the city clerk. 

(Code 1991)

There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box.

(Code 1991)

Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superintendent. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch.

(Code 1991)

It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to tum water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body.

(Code 1991)

(a)   All water furnished to customers shall be metered.

(b)   Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.

(c)   The city’s responsibility stops at the meter.

(Code 1991)

Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and the customer will be charged the actual cost to the city for testing (including shipping). If the meter is found to be inaccurate, no cost will be due from the customer.

(Code 1991; Code 2015)

It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off.

(Code 1991)

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter.  However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive.

(Code 1991)

Whenever water service has been disconnected for nonpayment or fraudulent use, a charge for reconnection shall be added to the customer's bill and shall be paid prior to reconnection of water utilities. For a first-time reconnection as provided herein, the customer shall pay a reconnection fee of $25.00. Any subsequent reconnection shall result in a fee increase of $25.00 per reconnection not to exceed $100.00. The city shall charge for restoring of water service outside of normal business hours a fee of $25.00 in addition to the normal business hour reconnection fee as provided herein.

(Code 1991; Ord. 1035)

At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service.

(Code 1991)

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.

(Code 1991)

It shall be a violation of this article for any unauthorized person to:

(a)   Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond a private property line unless such person is employed by the city;

(b)   Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;

(c)   Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city;

(Code 1991)

Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense.

(Code 1991)

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines.

(Code 1991)

The rates per month for the use of water in the city shall be as follows:

(a)   The monthly minimum rate is set at $17.45 for the first 3000 gallons a customer may consume.

(b)   For each 1000 gallons of consumption over the first 3000 gallons the rate shall be $5.58 per 1000 gallons.

(c)   An additional flat fee of $6.00 per month shall be charged to every customer who is billed for water, sewer, electric or solid waste services and is also protected by the city’s water system for fire safety as determined by city administration and the fire chief to finance capital improvements to the water system.

(d)   The state mandated water protection fee of $0.32 for each 1000 gallons sold at retail by the city required by K.S.A. 82a-903 et seq., shall be listed as a separate line item on the city’s billing, be maintained by the city as a special account and remitted quarterly to the Kansas Department of Revenue as required by law.

(e)   Bulk Water rates: The rate for water sold by the tank load in bulk form shall cost $9.00 per thousand gallons.

(Ord. 879; Ord. 997; Ord. 1006; Ord. 1021)

(Code 1991; Ord. 988; Code 2015)

Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104.

(Code 1991)

No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire.

(Code 1991)

(a)   Purpose. The purpose of sections 15-225:230 is:

(1)   To protect the public potable water supply of the city from pollution or contamination due to cross connection;

(2)   To prohibit and eliminate all cross connections within the public potable water supply system; and

(3)   To provide for the maintenance of a continuing effective cross connection control program and thus protect the public health.

(b)   Responsibility. The utility superintendent shall be responsible for effectively conducting the cross connection control program of the city public potable water supply. If in the judgment of the utility superintendent an approved backflow prevention device is required the utility superintendent or his or her agent will give notice in writing to the customer to install the proper device. The customer shall immediately install the proper device at the customer’s expense. Failure to comply shall be grounds for discontinuing water service to the customer until the device is properly installed.

(Ord. 841, Sec. 4-201)

(a)   Agency. The department of the municipal government or water surveyor invested with the responsibility for enforcement of this article.

(b)   Air Gap. The unobstructed vertical distance at least twice the diameter of the supply lines and not less than one inch, through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.

(c)   Approved Device. Shall mean devices tested and accepted by a recognized testing laboratory approved by the Kansas Department of Health and Environment and the utility superintendent.

(d)   Backflow. The flow of water or other substances into the distribution system of a potable supply of water from any source other than its intended source. Backsiphonage is one type of backflow.

(e)   Backflow Preventer. A device or means to prevent backflow.

(f)   Backsiphonage. The flowing back of contaminated or polluted substances from a plumbing fixture or any vessel or source into the potable water supply system due to negative pressure in the system.

(g)   Contaminant. Any substance that upon entering the potable water supply would render it a danger to the health or life of the consumer.

(h)   Cross Connection. Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other which contains water or any substance of unknown or questionable quality whereby there may be flow from one system to the other.

(i)    Double Check Valve. A device consisting of two internally loaded soft seated check valve with positive shut-off valves on both upstream and downstream ends, and properly located test ports.

(j)    Dual Check Valve.  A device consisting of two internally loaded soft seated check valves. This device does not contain test ports and is acceptable for use only at the meter of residential customers.

(k)   Free Water Surface. A water surface at atmospheric pressure.

(l)    Flood Level Rim. The edge of the receptacle from which water overflows.

(m)  Frost Proof Closet. A hopper with no water in the bowl and with the trap and water supply control valve located below frost line.

(n)   KDHE. The Kansas Department of Health and Environment.

(o)   Plumbing. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping fixtures, appliances and appurtenances.

(p)   Pollution. The presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely affect the water.

(q)   Reduced  Pressure  Zone   Backflow   Preventer. An assembly of two independently   acting  soft  seated   approved   check   valves   together   with   a hydraulically operating mechanically independent differential pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall contain properly located test cocks and resilient seated shut-off valves at each end of the assembly. To be approved these assemblies must be accessible for inspection and testing and be installed in an above ground location where no part of the assembly will be submerged.

(r)    Tester. A trained technician certified in the testing and repair of backflow preventers.

(s)   Vacuum. Any  absolute  pressure  less  than  that  exerted  by  the atmosphere.

(t)    Vacuum Breaker. A device that permits entrance of air into the water supply distribution line to prevent backsiphonage.

(u)   Water; Potable. Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its quality shall conform to Kansas Department of Health and Environment requirements for public water supplies.

(v)   Water, Nonpotable. Water that is not safe for human consumption or that is of questionable potability.

(Ord. 841, Sec. 4-202)

(a)   General. A public potable water supply system shall be designed, installed and maintained in such a manner as .to prevent contamination from no potable sources through cross connections or any piping connection to the system.

(b)   Cross Connections Prohibited. Cross connections are prohibited except when and where as approved by utility superintendent suitable backflow preventers are properly installed, tested and maintained to insure proper operation on a continuing basis.

(c)   Interconnections. Interconnection between two or more public water supplies shall be permitted only with the approval of the Kansas Department of Health and Environment. (K.S.A. 65-163(a))

(d)   Individual Water Supplies. Connections between a private water supply and the public potable water are prohibited. (K.S.A. 65-163(a))

(e)   Connections to Boilers. Potable water connections to boiler feed water systems in which boiler water conditioning chemicals are or can be introduced shall be made through an air gap or through a reduced pressure zone principle backflow preventer located in the potable water line before the point where such chemicals may be introduced.

(f)   Prohibited Connections.  Connection to the public potable water supply system for the following is prohibited unless properly protected by the appropriate backflow prevent device.

(1)   Bidets.

(2)   Operating, dissecting, embalming, and mortuary table or similar equipment in such installations the hose used for water supply shall terminate at least 12 inches away from every point of the table or attachments.

(3)   Pumps for nonpotable substances.  Priming only through an air gap.

(4)   Building drains, sewers, or vent systems.

(5)   Commercial buildings or industrial plants manufacturing or otherwise using polluting or contaminating substances.

(6)   Any fixture of similar hazard.

(g)   Refrigeration  Unit  Condensers  and  Cooling  Jackets. Except  when potable water provided for a refrigeration condenser or cooling jacket is entirely outside the piping or tank containing a toxic refrigerant, the inlet connection shall be provided with an approved backflow preventer. Heat exchangers used to heat water for potable use shall be of the double wall type.

(h)   Protective Devices Required. The type of protective device required under this article shall be determined by the degree of hazard which exists as follows:

(1)   Premises having auxiliary water supply shall protect the public system by either an approved air gap or an approved reduced pressure principle backflow prevention assembly.

(2)   Premises having water or substances which would be nonhazardous to the health and well-being of the consumers shall protect the public system with no less than an approved double check valve assembly.

(3)   Premises where material dangerous to health is handled in a manner which creates an actual or potential hazard shall protect the public system by an approved air gap or an approved reduced pressure principle backflow prevention assembly.

(4)   Premises where cross connections are uncontrolled shall protect the public water supply by installing an approved air gap or an approved redt,1ced pressure principle backflow prevention device at the service connections.

(5)   Premises where because of security requirements or other prohibitions it is impossible to complete an implant cross connection inspection, the public system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly.

Premises which may fall into one or more of the above mentioned categories may be, but are not limited to the following:

(A)  Beverage bottling plants.

(B)  Buildings-hotels, apartments, public or private buildings, or other structures having actual or potential cross connections.

(C)  Car wash facilities.

(D)  Chemical manufacturing, handling, or processing plants.

(E)   Chemically contaminated water.

(F)   Dairies and cold storage facilities.

(G)  Film or photography processing laboratories.

(H)  Fire systems.

(I)    Hospitals, medical centers, morgues, mortuaries, autopsy facilities, clinics, or nursing and convalescent homes.

(J)   Irrigation systems.

(K)  Laundries.

(L)   Metal cleaning, processing or fabricating plants.

(M)  Oil and gas production, storage, or transmission facilities.

(N)  Packing or food processing plants.

(O)  Paper and paper products plants.

(P)   Power plants.

(Q)  Radioactive materials plants or handling facilities.

(R)  Restricted or classified facilities.

(S)   Rubber plants.

(T)   Sand, gravel, or asphalt plants.

(U)  Schools or colleges.

(V)  Sewage and storm drainage facilities and reclaimed water systems.

(W) Solar heating systems.

(X)  Temporary service-fire hydrants, air valves, blow-offs and other outlets

(Y)  Water from marinas.

(Ord. 841, Sec. 4-203)

Approved devices shall be installed at all fixtures and equipment where backflow or backsiphonage may occur and where a minimum air gap between the potable water outlet and the fixture or equipment flood-level rim cannot be maintained. Backflow and backsiphonage devices of all types shall be in an accessible location.  Installation in pits or any other location not properly drained shall be prohibited, except that dual check valves may be installed in the meter box.

(a)   Connections Not Subject to Backpressure. Where a water connection is not subject to back pressure, a vacuum breaker shall be installed on the discharge side of the last valve on the line serving the fixture or equipment.  A list of some conditions requiring protective devices of this kind are given in the following table:

CROSS CONNECTIONS WHERE PROTECTIVE DEVICES ARE REQUIRED AND CRITICAL LEVEL (C-L) SETTINGS FOR VACUUM BREAKERS

Fixtures or Equipment

Method of Installation

Aspirators & ejectors

C-L at least six inches of above flood level of receptacle served.

Dental units

On models without built in vacuum breakers C-L at least six inches above flood level rim of bowl.

Commercial dish washing machine

C-L at least six inches above flood level of machine. Installed on both hot and cold water supply lines.

Garbage can cleaning machines

C-L at least six inches above flood level of machine. Installed on both hot and cold water supply lines.

Hose Outlets

C-L at least six inches above flood level of machine. Installed on both hot and cold water supply lines.

Commercial laundry machines

C-L at least six inches above flood level of machine. Installed on both hot and cold water supply lines.

Lawn sprinklers

C-L at least six inches above highest sprinkler head or discharge outlet.

Steam tables

C-L at least six inches above flood level rim.

Tanks and vats

C-L at least six inches above flood level rim or line.

Through urinals

C-L at least 30 inches above perforated flush pipe.

Flush tanks

Equipment with approved ball cock, installed according to manufacturer’s instructions.

Hose bibs

C-L at least six inches above flood level of receptacle served.

(c)   Barometric Loop. Water connections where an actual or potential backsiphonage hazard exists may in lieu of devices specified above be provided with a barometric loop.  Barometric loops shall precede the point of connection.

(d)   Dual Check Valve. Dual check valves may be installed at the meter. These valves shall be inspected and repaired not less frequent than every third year. These valves shall be installed only in situations where the utility superintendent is assured that only noncontaminating substances are subject to backflow into the potable system.

(e)   Vacuum Breakers. Atmospheric vacuum breakers shall be installed with the critical level at least six inches above the floor rim of the fixture they serve and on the discharge side of the last control valve to the fixture. No shutoff valve or faucet shall be installed beyond the atmospheric vacuum breaker. Pressure vacuum breakers shall be installed with the critical level at least 12 inches above the flood rim but may have control valves downstream from the vacuum breaker. For closed equipment or vessels such as pressure sterilizers the top of the vessel shall be considered the flood level rim and a check valve shall be installed on the discharge side of the pressure vacuum breaker.

(Ord. 841, Sec. 4-204)

It shall be the responsibility of building and premise owners to maintain all backflow preventers and vacuum breakers within the building or on the premises in good working order and to make sure no piping or other arrangements have been installed for the purpose of bypassing the backflow devices. Testing and repair of these devices should be made by qualified technicians. (Qualified technicians are those technicians who have completed a Kansas Department of Health and Environment approved training course and have passed a written examination such as the American Backflow Prevention Association device testers examination.) The utility superintendent shall certify the device testers after ascertaining the technician meets the above qualifications. The utility superintendent will also assure the proper installation of all backflow preventers and will set appropriate testing and overhaul schedule for such devices. Testing intervals shall not exceed one year and overhaul intervals shall not exceed five years.

(a)   Certified Tester/Repair Technicians. All certified tester/repair technicians shall be re-certified at no less than three year intervals. Persons certified as tester/repair technicians at the time of the adoption of this article shall continue to be certified for a period of not more than three as determined by the utility superintendent.

(Ord. 841, Sec. 4-205)

Notification. The utility superintendent shall notify the owner, or authorized agent of the owner, of a building or premises in which there is found a violation of this article, of such violation. The utility superintendent shall set a reasonable time for the owner to have the violation corrected.  If the owner fails to correct the violation with the specified time the city shall cease delivery of water to the building or premises until the violation shall be satisfactorily corrected. 

(Ord. 841, Sec. 4-206)

Any new well drilled within the city limits of St John, Kansas shall only be drilled by a well driller which is licensed to drill wells within the State of Kansas as required by K.A .R 28-30-1 et seq. All wells shall be drilled in compliance with the minimal requirements set forth in the regulations.  If the regulations are subsequently amended then the new regulations regarding the licensing of well driller and minimal well regulations shall apply.

(Ord. 1011; Code 2015)

Before a well is drilled, the person desiring to have a well drilled or the certified well driller shall apply to the City for a well drilling permit in addition to any other permit required by the State of Kansas or other agency. The permit shall require the payment of a well drilling fee in an amount to be set by resolution of the City. The permit fee shall cover the cost of an inspector to monitor and witness the drilling and completion of the water well.

(Ord. 1011; Code 2015)

Since the topography of the areas differ from different parts of the State, the inspector shall have the authority to require the well driller to take such further precautions as may be determined from the geology of the well site location which will prevent or limit the potential contamination from nitrates or other pollutants. Such precautions may include drilling a deeper or shallower well depending on the proposed use of the well, require a specific type of grout to seal water tables above or below the zone from which the well shall be drilled, what drill stem is required for the water well, and he may limit what water zones may be perforated for water use and production.  Such determinations can only be made at the time of drilling the well as each well location is different with different geologic formations. The requirements for the general geologic formations in the area shall be established and provided to the well driller before commencement of drilling by the well inspector so the driller will know what will be expected of them.  Water systems for yards or gardens shall not be drilled deeper than 60 feet. Wells for domestic consumption shall be drilled to the depth recommended by the Kansas Department of Health and Environment or the well inspector and shall be grouted and sealed as to all water levels above that water zone. No well shall be drilled closer than 50 feet to any structure, sewer line, lateral field or septic system.  In the event there is not enough room on a lot for the location of a well the landowner can apply for a variance with the city council.  The council will determine if the proposed well site will pose a health risk to the public.

(Ord. 1011; Code 2015)

It shall be unlawful to drill a water well within the city of St John in violation of these minimal standards.  Violation of this ordinance shall be considered an unclassified misdemeanor and shall be punishable as such.  Each day this section is violated shall be considered a separate violation.  The City shall have the right to enforce this ordinance by means of a civil remedies available at law including injunctive relief, quo warranto, suit for damages or such other civil remedies available to the City.

(Ord. 1011; Code 2015)