Chapter 15 · Utilities

Article 4. Sewers

Sections 15-401 to 15-458 · 58 sections

15-401 Commercial or industrial; sewer service.

Any owner of commercial or industrial property outside the corporate limits of the city desiring to attach to the city sewer system to receive sewer service shall make application to the city clerk for such service.

(Code 1984, 12-101)

15-402 Connection meet requirements.

After the application is made and prior to any attachment being made, the sewer service charge and all terms and conditions for connection to the city sewer shall be determined by negotiations between the city and the applicant, the proposed connection to be in such manner as will meet all requirements of the Kansas state board of health and approved by the city governing body.

(Code 1984, 12-102)

15-403 Application approval.

The applications must be approved by the city superintendent prior to any attachment being made, and the city superintendent shall have the right to accept or reject all applications in the best interests of the city.

(Code 1984, 12-103)

15-404 Applicant subject to regulations and charges.

Upon approval of the application and attachment, the applicant or user shall be subject to all regulations and service charges established by the governing body, and shall be subject to all present and future ordinances of the city, and the city reserves the right to increase the service charge, and shall have the right to disconnect and plug such sewer should the applicant or user fail to pay the service charges when due, or should the applicant or user abuse the privilege granted hereunder.

(Code 1984, 12-.104)

15-405 Sewer connections required.

All persons and property owners owning buildings within the city, which buildings are or shall be located near a sewer or in a block within any sewer district in the city through which a sewer extends are required to make such connections with the sewer system as may be necessary in the judgment of the governing body of the city for the protection of the 4tealth of the public, for the purpose of disposing of all substances from any such building affecting the public health which may be lawfully and properly disposed of by means of such sewer.

(Code 1984, 12-201)

15-406 City may connect; contract.

Should any person or persons fail, neglect or refuse to so connect any building or buildings with the sewer system of the city as hereinbefore provided, for more than 10 days after being notified in writing by the governing body of the city to do so, then the city may cause such buildings to be connected with the sewer system, or may advertise for bids for the construction and making of such sewer connections, and contract therefor with the lowest responsible bidder or bidders, and may assess the costs and expense thereof against the property and premises so connected in the manner provided by law.

(Code 1984, 12-202)

15-407 Temporary financing by city.

The city may finance the costs incurred under the provisions of this article until the assessment authorized in section 15-406 of this article is paid out of the city general fund or by the issuance of no fund warrants.

(Code 1984, 12-203)

15-408 Money received from special assessment.

All moneys received from special assessments levied under the provisions of this article shall, when paid, be placed in the general fund of the city.

(Code 1984, 12-204)

15-409 Sewer service charge necessary.

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city’s treatment works. The proceeds of such charges so derived will be used for the prose of operating, maintaining such public wastewater treatment works. All provisions of this article shall apply to all sewage wastes except as stipulated hereon.

(Code 1984, 12-301)

15-410 Natural outlet.

It shall be unlawful for any person to place, deposit or cause to be deposited or placed into any sewer under the jurisdiction of the city any sanitary sewage, industrial waste or other polluted water except in accordance with the provisions of this article.

(Code 1984, 12-302)

15-411 Definitions.

The following words and terms as used in this article shall be deemed to mean and be construed as follows, unless the context specifically indicate otherwise:

(a)BOD (denoting five-day biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in Standard Methods, 13th edition, as published by the American Health Association, American Waterworks Association and the Water Pollution Control Federation, expresses in milligrams per liter (mg/1).

(b)Building Drain shall mean that part of the lowest piping of drainage system which receives the discharge from soil, waste, or other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three feet (0.9 meters) outside the building wall.

(c)Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

(d)City shall mean the City of St. John, Kansas.

(e)Combined Sewer shall mean a sewer receiving both surface runoff and sewage.

(f)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.

(g)Industrial Waste shall mean the water-borne waste and liquid waste discharged from industrial manufacturing processes as distinct from wastewaters from principally sanitary conveniences commercial and industrial processes identified in the Standard Industrial Classification Manual, Bureau of the Budget. 1972,as amended and supplemented, under category “Division D. Manufacturing,” shall be considered industrial wastes. Other commercial concerns listed in Classifications A, B, E, and I may be considered industries.

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

(i)Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 200 mg/1 and a suspended solids concentration of not more than 200 mg/1.

(j)Operation and Maintenance shall mean 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 sewage works to achieve the capacity and performance for which such works were designed and constructed.

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

(l)Person shall mean any individual, firm, company, association, society, corporation, or group.

(m)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 % inch (1.27 centimeters) in any dimension.

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

(o)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. The term operation and maintenance includes replacement.

(p)Residential Contributor shall mean any contributor to the city’s treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.

(q)SS (denoting 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.

(r)Sanitary Sewer shall mean a sewer which carriers sewage and to which storm, surface, and groundwater’s are not intentionally admitted.

(s)Sewage shall mean any substance that contains any of the waste products or excrementitious or other discharges from the bodies of human beings or animals, or chemical or other wastes from domestic, manufacturing or other forms of industry.

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

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

(v)Shall is mandatory; May is permissive.

(w)Slug shall mean a 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.

(x)Treatment Works shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such temporary storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

(y)Useful Life shall mean the estimated period during which a treatment works will be operated.

(z)User Charge shall mean that portion of the total wastewater service charge which is levied in a propositional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works, provided however, that definitions (u), (v) and (w) above shall be construed in such manner as to be consistent with this definition.

(aa)Water Meter shall mean a water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.

(Code 1984, 12-303)

15-412 Roof, foundation drains.

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 industrial process waters into any sanitary sewer constructed after the effective date of this article. The city may require these discharges to be eliminated from the existing sewerage system.

(Code 1984, 12-304)

15-413 Stormwater discharges.

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 city. Uncontaminated industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet.

(Code 1984, 12-305)

15-414 Prohibited discharges.

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 poisonous solids, liquids, or gases in toxic concentrations, either singly or by interaction with other wastes, to injure or interfere 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 toxic amounts.

(c)Any waters or wastes having corrosive properties capable of causing damage or hazard to structures, equipment, or personnel of the sewerage system.

(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 plant; 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, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(e)Heavy metals from industrial or commercial processes in toxic concentrations.

(Code 1984, 12-306)

15-415 Same; possible exceptions.

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 city that such wastes can harm either the sewers, sewage treatment process, or equipment, or have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. Informing its opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relating to flows and velocities in the sewers, materials of 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:

(a)Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).

(b)Any water or waste containing fats wax, grease, or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 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 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city. .

(d)Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution 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 recrement, to such degree that any such material received in the composite Sewage at the sewage treatment works exceeds the limits established by the city for such materials.

(f)Any wasters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the city 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.

(g)The introduction of radioactive wastes into the municipal sewers shall be in accordance with the provisions of Kansas State Board of Health Radiation Protection Regulations or of any special conditions of the licensees Kansas Radioactive Materials License.

(h)Any waters or wastes having a pH in excess of 9.5.

(i)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 and sodium chloride and 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 sewage treatment works.

(4)Unusual volume of low or concentration of wastes constituting slugs as defined herein.

(j)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.

(Code 1984, 12-307)

15-416 Review prior to discharge.

The admission into the sewerage system of any waters or wastes having any of the following shall be subject to review and approval of the city:

(a)A BOD demand of greater than 300 parts by weight;

(b)Containing more than 350 parts by million weight of suspended solids;

(c)Containing any quantity of substances having the characteristics described in section 7; or

(d)Having an average flow greater than two percent of the average sewage flow of the city.

The owner shall provide at his or her own expense such preliminary treatment as may be necessary to:

(a)Reduce the BOD to 300 parts per million by weight;

(b)Reduce or remove objectionable characteristics or constituents to acceptable levels;

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

Plans, specifications and any other pertinent information shall be reviewed by the city and the state regulatory agency. The treatment facility shall conform with all local and state requirements and regulations.

If the waste discharge is not amenable to treatment or may have a deleterious effect on the treatment works, processes, equipment, or receiving waters, or which I otherwise create a hazard to life or constitute a public nuisance, the city may reject the wastes.

(Code 1984, 12-308)

15-417 Grease and oil traps.

Grease, oil and sand traps shall be provided when, in the opinion of the city, 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 traps shall not be required for private living quarters of dwelling units. All traps shall be of a type and capacity approved by the city, and shall be located so as to be readily and easily accessible for cleaning and inspection.

(Code 1984, 12-309)

15-418 Preliminary treatment facilities.

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 or her expense.

(Code 1984, 12-310)

15-419 Manhole required.

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

(Code 1984, 12-311)

15-420 Measurements and tests.

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 Standard Methods, or alternate methods approved by the Kansas State Department of Health, 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 sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls 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 composite of all outfalls whereas pH’s are determined from periodic grab samples.)

Sample testing by the city or by an authorized testing laboratory for the purpose of determining sewer service charges or validating industrial testing procedures shall be paid for by the subject industry.

(Code 1984, 12-312)

15-421 Special agreements.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual volume, strength or character may be accepted for treatment by the city, subject to payment therefor by the industrial concern.

(Code 1984, 12-313)

15-422 Certain definitions.

(a)Domestic Contributor. For purposes of this article a domestic contributor shall be contributor whose discharge consists primarily of wastes from sanitary conveniences.

(b)Dwelling Units. For purposes of this section, a dwelling unit shall be any building or portion of a building occupied as a residence. Apartments, trailers, any and all other types of dwelling units shall be considered a domestic contributor and charged the same rate or multiple thereof if applicable (i.e. apartment buildings). Commercial establishments or institutions shall be considered a non-industrial contributor.

(c)Industrial Wastes. If industrial wastes as defined in section 15-411 of this article, are discharged to the municipal collection systems and differ in quality or quantity from normal domestic sewage, an industrial waste charge will be assessed in accordance with the industrial waste charge formula. The industrial discharge shall not cause overloading of the sewage collection, treatment or disposal facilities and prior to approval to discharge, the city and the industry or authorized representative shall enter into a written agreement which provides that the discharger pay an industrial waste charge.

The agreement entered into pursuant to the industrial waste discharge shall include but not be limited to:

(1)Amortization of applicable capital outlay for collection and treatment of the waste.

(2)Amortization will be completed in a 20 year period and shall include appropriate debt service costs and administrative expenses.

(3)Operation and maintenance costs shall include but not be limited to salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance overhead and office expense.

(4)The agreement shall specify the maximum amount in terms of quantity and quality of the allowable discharge. Violation of these shall be considered a violation of this article.

(5)The industrial agreements shall be reviewed at least annually and the review shall include an examination of all conditions of the agreement and verification that these conditions are being met.

(Code 1984, 12-314)

15-423 User charge system.

(a)The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement costs associated with financing the treatment works which the city may be ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this article.

(b)That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in (d) through (i), shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows: .

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

(2)An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made monthly from the operation, maintenance and replacement revenue in the amount of $1,404 annually.

(3)Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts 1n the subsequent fiscal year, and shall be used for other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement The user charge rates shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

(Actual Use Rate Structure)

(d)Each user shall pay for the services provided by the city based on the use of the treatment works as determined by water meters acceptable to the city.

(e)For residential, commercial and industrial contributors, a monthly base fee of $5.00 will be charged. In addition, the monthly user charges will be based on average monthly water usage during the months of January, February and March. If a contributor has not established a January, February and March average, or if the contributor is not connected to the metered city water system the monthly charge shall be the median charge for all other customers.

(f)The charges per month for residential, commercial, and industrial contributors shall be $2 per 1,000 gallons as determined in subsection (e).

(g)Refer to Appendix A of Ord. 774 for the methodology to be used in calculating user charge rates and surcharges.

For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and including replacement is:

$0.0699306 per pound BOD

$0.0699306 per pound SS

Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city’s treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs.. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the city council.

(h)The user charge rates established in this article apply to all users of the city’s treatment works.

(i)The city shall review the sewer charge system annually 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.

(j)The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.

(Ord. 774; Code 1984, 12-315; Ord. 867; Ord. 954; Ord. 988; Code 2015)

15-424 Authority to disconnect service.

The city may terminate water and wastewater disposal service and disconnect an industrial customer from the system when:

(a)Acids or chemicals damaging to sewer lines or treatment process are released to the sewer, causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater;

(b)An appropriate state or federal agency informs the city that the effluent from the wastewater treatment plant is no longer of a qualify permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city’s system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment;

(c)The indusial customer:

(1)Discharges industrial waste or wastewater that is in violation of the agreement tendered between the city and the industry.

(2).Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;

(3)Fails to pay monthly bills for water and sanitary sewer services when due;

(4)Repeats a discharge of prohibited wastes to public sewers.

(d)If service is disconnected pursuant to subsection (b) of this section, the city shall

(1)Disconnect the customer;

(2)Supply the customer with the governmental agency’s report and provide the customer with all pertinent information;

(3)Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his or her industrial wastes.

(Code 1984, 12-316)

15-425 Notice.

The city shall serve persons discharged in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.

(Code 1984, 12-317)

15-426 Continuing prohibited discharges.

No person may continue discharging in violation of this article beyond the time limit provided in the notice.

(Code 1984, 12-318)

15-427 Penalty.

(a)The owner of any industrial establishment violating any provisions of this article beyond the time limit provided in section 15-425, shall be guilty of a code violation and upon conviction shall be fined not less than $50 nor more than $5,000 for each offense, at the discretion of the court, and every such person shall be deemed guilty of a separate offense for every day on which such violation shall continue.

(b)In addition to proceeding under authority of subsection (a) of this section the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.

(Code 1984, 12-319)

15-428 Inspections.

(a)Entrance and Inspection. Duly authorized representatives of the approving authority, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection observation, measurement, sampling and testing in accordance with the provisions of this article. The approving authority and its authorized representatives shall have no authority to inquire into any industrial processes beyond that point having a direct bearing on the kind or source of discharge to these waters or waterways or facilities for waste treatment.

(b)Safety. While performing the necessary work on private properties referred to in section 15-427, the approving authority, and its .duly authorized representatives shall observe all safety rules applicable to the premises established by the company and the company shall be held blameless for injury or death to the authorized representatives and the approving authority shall indemnify the company against loss or damage to its property by employees of the approving authority 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 may be caused by negligence or failure of the company to maintain safe conditions.

(Code 1984, 12-320)

15-429 Collection; liens.

In the event any person, firm, corporation, political unit (except the United States of America and the State of Kansas) or organization living or operating on premises connected to the sanitary sewer of this city, shall neglect, fail or refuse to pay the service charges fixed by this article, such charges shall constitute a lien upon the real estate served by the connection to the sewer, and shall be certified to the city clerk to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(Code 1984, 12-321)

15-430 Discontinuance of service.

It is hereby provided that in the event the service charges provided are not paid as specified, the city clerk, for and on behalf of the governing body of the city, shall issue necessary orders to discontinue water service, to the premises being provided by the city at such time, and the service shall not be reinstated until the service charges have been paid together with a charge of $3 for the reconnection of the service.

(Code 1984, 12-322)

15-431 Costs.

Appendices A & B (or Ord. 774) present the methodology to be used in calculating user charge rates and surcharges and illustrate the calculations following in arriving at the first year’s user charges and surcharges. The unit cost established therein are based on estimates of expense and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the unit costs must be re-established whenever necessary to reflect actual expenses and loadings. Once the system is in use, the expenses and loadings can be determined from operating records and the unit costs can be adjusted based on these figures by the governing body by resolution. Although Appendices A & B are incorporated herein by reference, it is the intent of the governing body that the calculations shown therein may be changed by resolution and not by ordinance. The methodology represented in Appendices A & B shall not be changed except by ordinance.

(Code 1984, 12-323)

15-432 Unlawful deposits.

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.

(Code 1984, 12-324)

15-433 Unlawful discharges.

It shall be unlawful to discharge to any nature 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 subsequent provisions of this article.

(Code 1984, 12-325)

15-434 Septic tanks, etc.

Except as hereinafter provided, 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.

(Code 1984, 12-326)

15-435 Public sewer connection required.

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 in the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line.

(Code 1984, 12-327)

15-436 Same; exception.

Where a sanitary or combined sewer is not available under the provisions of section 15-435, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Code 1984, 12-328)

15-437 Private sewage disposal systems; construction.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the city clerk. 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 are deemed necessary by the city clerk. A permit and inspection fee of $10 shall be paid to the city at the time the application is filed.

(Code 1984, 12-329)

15-438 Same; inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He or she shall be allowed to inspect the work at any stage of construction and, in any event, 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 24 hours of the receipt of notice by the superintendent.

(Code 1984, 12-330)

15-439 Same; requirements.

The type, capacities, location, and layout of a private sewage disposal systems shall comply with all recommendations of the Department of Public Health of the State of Kansas. 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 (square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Code 1984, 12-331)

15-440 Same; when public sewer becomes available.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 12-439, a direct connection shall be made to the public sewer in compliance with this section, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Code 1984, 12-332)

15-441 Same; operation.

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 1984, 12-333)

15-442 Same; additional requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Stafford County Health Officer.

(Code 1984, 12-334)

15-443 Same; cleaning.

When a public sewer becomes available, the building sewer shall be connected to the sewer within 120 days and the private sewage disposal system shall be cleaned of sludge and filled with clean backrun gravel or dirt.

(Code 1984, 12-335)

15-444 Public sewers; connections.

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 clerk.

(Code 1984, 12-336)

15-445 Building sewer permits.

There shall be two classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, 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. A permit and inspection fee of $10 for a residential or commercial building sewer permit and $10 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Code 1984, 12-337)

15-446 Sewer connections; costs.

All costs and expense 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.

(Code 1984, 12-338)

15-447 Building sewer connections.

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 d no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Code 1984, 12-339)

15-448 Use of old building sewers.

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 section.

(Code 1984, 12-340)

15-449 Building sewer; construction standards.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joint, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

(Code 1984, 12-341)

15-450 Same; elevation.

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.

(Code 1984, 12-342)

15-451 Same; surface water drain prohibited.

No person shall make connection of roof downspouts, 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 1984, 12-343)

15-452 Sewer connections; requirements.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in the appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(Code 1984, 12-344)

15-453 Supervision of sewer connections.

The application 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.

(Code 1984, 12-345)

15-454 Excavation standards.

All excavation 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.

(Code 1984, 12-346)

15-455 Discharge characteristics.

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 which may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:

(a)Reject the wastes;

(b)Requirement pretreatment to an acceptable condition for discharge to the public sewers;

(c)Require control over the quantities and rates of discharge; and/or

(d)Requirement payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this section.

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

(Code 1984, 12-347)

15-456 Tampering with sewers.

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 sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Code 1984, 12-348)

15-457 Right of entry.

The superintendent 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 section. 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.

(Code 1984, 12-349)

15-458 Sewer damages.

The city declares that it shall not be responsible for sanitary sewer waste water damages which may be occasioned by the use or misuse of the sanitary sewer system of the City of St John. Each resident shall take such precautions as they deem fit to prevent any future damage that might be occasioned by their respective use of the sanitary sewer system. Such precautions may include the installation of sanitary sewer back flow devices and such other precautions such that future backups of the sanitary sewer system are negated. The installation of such preventative devices shall be the responsibility of the residence or commercial property owner.

(Ord. 962; Code 2015)