CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 3. SEWERS

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 inner face 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 meter Linder 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)   Public Works Director shall mean the public works director 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 the sanitary sewer system approved by the State and owned and operated by the City of Louisburg including any extensions thereof and shall include any system meeting the terms of Section 15-316, and further shall include any other systems specifically approved by a majority of the Governing Body of the City of Louisburg, Kansas.

(1)   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 means 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.

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

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

(v)   Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

(w)  Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

(Code 2016)

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 100 feet of the property line.

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

(a)   The charge for operation costs incurred in the connection of services and for costs to maintain, improve, replace, or add additional lines and treatment facilities shall be as follows:

Type of Unit:

Residential Use:

Single Family Dwelling Unit

$2,500

Each Duplex & Mobil Home Dwelling Unit

$2,500

Each Multi-Family Dwelling Unit

$2,500

Non-Residential Use:

All Non-Residential

$2,500

(b)   All provisions of the Code of the City of Louisburg, Kansas and regulations pertaining to sewers shall be complied with.

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 public works director. 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.

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.

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 public works director and at a location designated by the superintendent.

The applicant for the building sewer permit shall notify the public works director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director or his other representative.

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 feasibly constructed 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.

(a)   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 approved pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city.

(b)   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.

(c)   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.

(d)   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.

(e)   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.

(f)   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.

(g)   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 all 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.

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.

(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.

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.

Where a public sanitary sewer is not available under the provisions of Section 15-302 the building sewer shall be connected to a private sewage disposal system complying with the provisions of Sections 15-311 to 15-316.

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the public works director. The application shall be made on a form furnished by the city accompanied by any plans, specifications or other information deemed necessary by the public works director. A permit and inspection fee of $15 shall be paid to the city at the time the application is filed.

The public works director or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the public works director when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 8 hours of the receipt of notice by the public works director.

(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 three acres. 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 15-302, a direct connection shall be made to the public sewer within 60 days 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.

(Ord. 587; Code 2016)

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.

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

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.

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

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.

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.

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

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.

(a)   It shall be unlawful to connect: downspouts from any roof area; drains from any building foundation, paved areas, yards, or open courts; basement sump pumps; 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.

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 public works director where there is a finding that such cooling water cannot be recirculated and that such wastewater does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city.

No person shall discharge any of the following waters, wastes, substances or materials 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.

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

(k)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.

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

(m)  Materials which exert or cause:

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

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

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

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

(n)   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.

(a)   Bills shall be rendered monthly and shall be collected as a combined water and sewer service charge subject to the provisions of Section 15-225.

(b)   Any person who receives service for a period of one or more days shall pay not less than the full regular minimum monthly rate.

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 15-105:107.

The monthly charge for sewer service shall be as follows:

(a)   Residential Contributors. The user charges shall be based on the average of the water metered in the months of December, January and February. The winter average will be billed twelve months beginning with April of each year. New customers will be billed the average usage of the municipal residential customers for the period prior to their first winter rate period.

(b)   Industrial and Commercial Contributors. The user charges shall be based on monthly water usage. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor’s expense, and in a manner acceptable to the city.

(c)   The minimum charge per month for all contributors (commercial and residential) shall be $18.00 for the first 1,000 gallons. In addition, each contributor shall pay a user charge rate of $6.30 per 1,000 gallons of water (or wastewater) as determined in the preceding section.

(d)   Sewer Adjustments. Customers requesting billing adjustments stemming from a water leak incident will be required to provide proof of mechanical failure and subsequent repair for the appurtenant billing period. Penalties may be assessed for falsifying records provided to the City that are used in calculation of a billing statement. All customers wishing to appeal their sewer bill based on unintended water consumption, resulting from mechanical failure of water distribution, shall contact the City within (30) days after receipt of the bill, stating the basis for the appeal. The City will not consider a sewer adjustment occurring more than 60 days from the date of appeal. Customers will be allowed a one-time sewer adjustment. All other annual consumption adjustments shall be calculated in accordance with subsection (a).

(Ord 933; Ord. 1036; Ord. 1056; Code 2016)

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.

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

All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

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 strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern.

The, public works director and authorized employees of the city shall be permitted to enter all properties at reasonable hours for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The public works director 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.

While performing necessary work on private properties, the public works director or authorized employees of the city shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by the city and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 15-332.

Provisions relating to sewer connections and charges to property within the city, but not in an existing sewer district shall be as follows:

(a)   Whenever the owner of a lot or tract of land, which is located within the limits of the city but not within the limits of any special benefit district for sanitary sewer purposes, desires permission at his own expense to construct a sanitary sewer line connecting an improvement on the lot or tract of land to an existing sanitary sewer of the city, he shall file a written application for such permission with the city clerk, which application shall include plans and specifications for the proposed sewer line.

(b)   If any portion of the proposed sewer line is to be located on or across any other lot or tract of land which is privately owned, the application must be accompanied by an easement for a public sanitary sewer on or across such other lots or tracts of land duly executed by the owners thereof.

(c)   The application must also be accompanied by a written offer by the applicant to dedicate to the city all that portion of the proposed sewer line which is located outside the boundaries of the lot or tract of land owned by the applicant upon which is located the improvement which is to be connected with the existing city sanitary sewer in the event that the permit is granted by the city: Provided, that should any portion of the sewer beyond the lot or tract of land owned by the applicant be dedicated to the city, the city would not be obligated to accept such sewers unless such sewers have manholes and other standard appurtenances making them easily maintainable by the city: Provided further, that in no event would the city be interested in accepting individual house sewers or sewers of a size smaller than six inches (6”) in diameter.

(d)   Upon receipt of such an application, the city clerk shall submit it to the city administrator for approval or disapproval. If the city administrator is satisfied that the existing city sanitary sewer can handle the additional sewage and that the plans and specifications of the proposed sewer line are suitable and in accordance with sound engineering principles, and that the application has fully complied with the foregoing requirements, the administrator shall endorse his approval thereon, and thereupon the city clerk shall issue a permit to the applicant upon payment by the applicant, to the city clerk, a special sewer hook-up fee in the amount of $1,500.00, and in addition the applicant shall pay the regular sewer connection and development charge set forth in Section 15-303.

(e)   Upon the issuance of such a permit, the applicant at his own expense shall construct the proposed sewer line, and shall record all public easements therefore, and shall record a dedication to the city of all that portion of the sewer line so constructed by the applicant which is located outside the boundaries of the lot or tract of land of the applicant which has been connected to the existing city sanitary sewer, and in addition shall dedicate all laterals in such a manner as to put them under the control of the city once they have been constructed and connected to the city sewer system.

(f)   Nothing herein contained shall relieve the applicant from payment of sewer connection charges required by this Article, nor from paying any sewage disposal service charges.

(g)   It shall be unlawful to connect an open gutter, sump pumps, cesspool, privy vault, or any drain of any kind whatsoever of the surface water from the roof or yard to a sanitary sewer, or to connect any sanitary sewer or sanitary sewage to any drainage or storm water sewer.

Any person found to be violating any provision of these codes shall be served by the City a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and any person who shall continue any violation beyond the time limit provided for this Section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not exceeding one hundred dollars ($100.00), or by imprisonment for a period not exceeding thirty (30) days, or by both such fine and imprisonment.