Chapter 15 · Utilities

Article 4. Sewers

Sections 15-401 to 15-438 · 40 sections

15-401 Definitions.

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

(a)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, beginning five feet outside the innerface of the building wall.

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

(c)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 parts per million by weight.

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

(e)Individual Domestic — means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.

(f)Industrial — means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.

(g)Multi-domestic — means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.

(h)Superintendent — shall mean the superintendent of the city or his or her authorized deputy, agent or representative.

(i)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.

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

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

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

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

(n)Storm Sewer or Storm Drain — shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

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

(p)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.

(q)User — means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.

(r)Wastewater — means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.

(s)Normal wastewater. — The strength of normal wastewater shall be considered within the following ranges:

(1)A five day biochemical oxygen demand of 300 milligrams per liter or less;

(2)A suspended solid concentration of 350 milligrams or less;

(3)Hydrogen ion concentration of 5.0 to 9.0.

(Code 2012)

15-402 Sewer connection required.

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 public 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 sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 140 feet of the property line.

(Code 1987, 13.20.010; Code 2012)

15-403 Permit; connection fee.

(a)No 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)A fee in accordance with the city’s fee schedule shall be charged and paid at the time of making application for the permit.

(Code 2012)

15-404 Application.

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 2012)

15-405 Costs.

All costs and expense incident to the installation and connection of the building sewer shall be paid 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 2012)

15-406 Sewer connection.

The connection of the building sewer into the public sewer shall be made at the “Y” branch if such branch is available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the utility superintendent and at a location designated by the superintendent.

(Code 2012)

15-407 Sewer for each building.

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, in a feasible manner, to the rear building. 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.

(Code 2012)

15-408(1). Same; specifications.

The building sewer shall be constructed of cast iron pipe, ASTM specifications A74-42, or approved equal; vitrified clay sewer pipe, ASTM specifications C13-44T, or approved equal; or an approved plastic pipe. Any plastic pipe to be installed on any building sewer shall not be approved by the city until the owner has furnished descriptive literature and typical sample section of the plastic pipe proposed for installation, to the city for inspection and review. All joints on all pipe installed shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe or city water main shall be constructed of approved cast iron soil pipe with approved joints. No building sewer shall be installed within three feet of existing gas lines. If installed in filled or unstable ground, the building sewer shall be constructed of cast iron soil pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city.

(Code 2012)

15-408(2). Same.

The size and slope of the building sewer to be installed shall be subject to the approval of the city inspector, but in no event shall the diameter of the pipe be less than four inches. The slope at which a six inch pipe is to be laid shall be not less than 1/8 inch per foot and for four inch pipe, not less than 1/4 inch per foot. Any grades for the pipe, which are proposed for installation at grades less than these specified, shall be approved by the city inspector prior to placement.

(Code 2012)

15-408(3). Same.

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with approved curved pipe and fittings, including cleanout fittings.

(Code 2012)

15-408(4). Same.

At buildings in which the building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. The use of any pumping equipment for which cross-connections with a public water supply system are needed, is prohibited. The total costs of pumping equipment and pumping equipment operational costs shall be those of the owner.

(Code 2012)

15-408(5). Same.

No building sewer shall be laid across a cesspool, septic tank or vault until the cesspool, septic tank or vault has been well cleaned and filled with an approved earth or sand fill, then thoroughly tamped and water settled. Cast iron pipe may be used across cesspools or septic tanks, if proper bedding and support for the sewer pipe is acquired.

(Code 2012)

15-408(6). Same.

All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C12-19, except that no backfill shall be placed until the work has been inspected and approved.

(Code 2012)

15-408(7). Same.

All joints in the building sewers shall be made watertight. If recommended by the city inspector, a water pressure test shall be made on the completed sewer to insure a compliance with this requirement, requiring that the building sewer withstand an internal water pressure of 5 psi., without leakage.

Cast iron pipe with lead joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specifications QQ-L-156, not less than one inch deep. Lead shall be run in one pour and caulked and packed tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.

All joints in vitrified clay pipe shall be the polyurethane-compression type joints, approved by the city inspector.

Joints for all plastic pipe used in building sewers shall be the slip type joints or solvent weld type, approved by the city.

Joints between any two different type of pipes shall be made with lead, asphaltic jointing materials or concrete, as approved by the city. All joints shall be watertight and constructed to insure minimum root penetration and to the satisfaction of the city.

(Code 2012)

15-409 Sewer excavations: damages.

All excavations for buildings sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, curb and gutters, sidewalks, parkways and other public property removed or damaged during the installation of the building sewer, shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner. It is further agreed that any parties involved in any excavating or installation work for sewer installations as above set out, will hold the city harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation or any negligent act or from any operation made within the city.

(Code 2012)

15-410 Failure to connect.

(a)If any person as defined in section 1-102 shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(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 2012)

15-411 Privy unlawful.

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in this article.

(Code 2012)

15-412 Private sewer system.

Where a public sanitary sewer is not available under the provisions of section 15-402 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-411 to 15-416.

(Code 2012)

15-413 Same; permit.

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the utility superintendent. The application shall be accompanied by any plans, specifications or other information deemed necessary by the utility superintendent. A permit and inspection fee in accordance with the city’s fee schedule shall be paid to the city at the time the application is filed.

(Code 2012)

15-414 Same; inspection.

The utility superintendent or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the superintendent when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent.

(Code 2012)

15-415 Same; discharge.

(a)The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations and requirements of the Water Pollution Control Section of the Kansas State Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

(b)At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-402, a direct connection shall be made to the public sewer in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable and acceptable materials.

(Code 2012)

15-416 Same; additional requirements.

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

(Code 2012)

15-417 Disposal of sewage.

It shall be unlawful for any person to deposit or discharge from any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy, vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public nuisance upon the order of the city or county board of health in accordance with the laws of Kansas.

(K.S.A. 12-1617e; 12-1617g; Code 2012)

15-418 Damage to sewers.

It shall be unlawful for any unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any sewer, structure, appurtenance, or equipment which is part of the municipal sewer system.

(Code 2012)

15-419 Natural outlet.

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

(Code 2012)

15-420 Standards.

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city.

(Code 2012)

15-421 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 utility superintendent, to meet all requirements of this article.

(Code 2012)

15-422 Mud, grease traps; inspections.

(a)All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.

(b)That in addition to any other right of entry granted to the city in this code, the city, by its duly authorized official or employee shall, during all business hours of each secular day and upon reasonable request, be entitled to enter upon the premises of any property having a connection or connection with the sewage disposal system and/or the water distribution system of the city for the purpose of inspecting the property and determining the number and nature of the uses being enjoyed by such property, including the use and operation of interceptors or traps. It shall be the duty of each owner, agent or occupant of such property to permit such entry and inspection and to offer such assistance as shall be reasonable to enable such inspector to make such entry. Any person preventing or interfering with such inspection is guilty of an offense and upon conviction thereof, is subject to punishment as provided herein.

(Code 1987, 13.24.120; Code 2012)

15-423 Roof, foundation drains.

(a)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 liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer.

(b)All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharge does not create a nuisance. No such liquids may be discharged into any unpaved street or alley.

(Code 2012)

15-424 Same; exception.

Discharges from air conditioning units in excess of one ton per hour or one horsepower may be permitted into a building sewer upon approval of the utility superintendent where there is a finding that such cooling water cannot be recirculated and that such waste water does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city.

(Code 2012)

15-425 Prohibited discharges.

No person shall discharge any of the following waters or wastes to any public sewer:

(a)Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b)Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

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

(d)Garbage that has not been properly shredded;

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

(f)Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g)Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(h)Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i)Noxious or malodorous gas or substance capable of creating a public nuisance.

(Code 1987, 13.20.070:080; Code 2012)

15-426 Bills.

Bills shall be rendered monthly and shall be collected as a combined utility bill.

(Code 2012)

15-427 Delinquent accounts; lien against property.

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.

(Code 2012)

15-428 Sewer service charge; definitions.

The following words and phrases when used in this article shall have for the purpose of this article the following meanings, respectively, unless the context clearly indicates a different meaning:

(a)Commercial Users Business User and Manufacturing User — Includes any and all occupations, enterprises and establishments other than uses by single-family dwelling units and multiple-family dwelling units and which include schools, churches, hospitals, nursing homes, governmental buildings or offices and any other facility not included in this article which enjoys the facilities of the sewer disposal system by discharging therein the usual and proper waste arising from the conduct and carrying on of the business, occupation and enterprises so engaged in by such users of the sewer disposal system.

(b)Exempt User — Any person or establishment having a water meter reconnection but who can establish through application and the facts that none of the water used is discharged into the sanitary sewer system of the city. This is to include irrigation meters and commercial meters where no sanitary sewer connection is provided.

(c)Living Unit — Any apartment, room or other area(s) of living space which is intended for the use of one or more persons for housing purposes and which has water and sewer facilities available. Living unit shall not include a room used exclusively for sleeping and which does not have water and sewer facilities available.

(d)Multiple-Family Dwelling Unit — A room or collection of rooms suitable to be occupied for housekeeping purposes and including kitchen and bathroom facilities and which dwelling is occupied by more than one family unit but which dwelling has only one water meter connection.

(e)Normal Domestic Wastewater — Wastewater that has a BOD concentration of not more than 300 milligrams per liter; a suspended solids concentration of not more than 350 milligrams per liter.

(f)Operation and Maintenance — All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining a sewer works to achieve the capacity and performance for which such works were designed and constructed.

(g)Replacement — 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. Operation and maintenance includes replacement.

(h)Sewer Disposal System or Treatment Works — Includes the system of sewers and the sewage disposal plant, and all connections therewith, and facilities used in connection therewith in the collection and disposal of the sewage and wastes, usual and proper to be discharged into and thus disposed of through such facilities.

(i)Single-Family Dwelling Unit — A room or collection of rooms suitable to be occupied for housekeeping purposes and including kitchen and bathroom facilities and which dwelling has one water meter and which dwelling is occupied by one family unit only.

(j)Use — The discharge into the sewage disposal system of the sewage and wastes usual and proper to be thus disposed of, and shall be deemed to be in effect at all times when connections exist with such sewage disposal system making such disposal possible, unless nonuse shall be registered and maintained as provided in this article.

(k)Use Monthly — The period of time from the 20th of any given month to the 20th of the following calendar month.

(l)User Charge — 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 wastewater treatment works.

(Code 1987, 13.24.010; Code 2012)

15-429 Same; revenue disposition.

The revenue derived from the charges for the use of the sewage disposal system shall be placed in the city treasury and kept in two separate funds.

(a)The first fund so established shall not be paid out nor distributed except for the purpose of operating and maintaining the sewage disposal system of the city, and the payment of the salaries of employees engaged in operating the sewage disposal system.

(b)The second fund established shall be a fund for the retirement of bonded indebtedness upon the sewage disposal system, not primarily payable by special assessments against property.

(Code 1987, 13.24.020; Code 2012)

15-430 Same; user classification; user fees.

The city may establish as many rate classes and monthly rates for the use of the city sewer service as are deemed appropriate. The monthly rates and classification of rate payers for sewer service shall be as established in the city’s fee schedule.

(Code 2012)

15-431 Same; costs for treatment of discharges.

Any user which discharges any toxic pollutants such as oil, brine or extra strength sewage which causes 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 will be as determined by the city.

(Code 1987, 13.24.040; Code 2012)

15-432:436. Reserved for future use.

15-437 Same; obligation and liability.

The charge for the use shall be an obligation and liability, if the use is enjoyed for a period of time equal to more than one-half of such rental or use month, whether the same is listed in the office of the city clerk, as provided by this article or not so listed, and any owner, agent, manager or employee of such owner or any person whose duty it is to list and classify the uses of the property, and file the same in the office of the city clerk as required by this article who fails to do file such listing is guilty of an offense and upon conviction thereof shall be punished as provided herein.

(Code 1987, 13.24.100; Code 2012)

15-438 Same; inspection.

The city, by its duly authorized official or employee shall, during all business hours of each secular day and upon reasonable request, be entitled to enter upon the premises of any property having a connection or connection with the sewage disposal system and/or the water distribution system of the city for the purpose of inspecting the property and determining the number and nature of the uses being enjoyed by such property. It shall be the duty of each owner, agent or occupant of such property to permit such entry and inspection and to offer such assistance as shall be reasonable to enable such inspector to make such entry. Any person preventing or interfering with such inspection is guilty of an offense and upon conviction thereof, is subject to punishment as provided herein.

(Code 1987, 13.24.120; Code 2012)