Unless the context clearly indicates otherwise, the meaning of words and terms 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 two feet (0.61 meter) 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)   City - shall mean the City of Augusta.

(e)   Combined Sewer - shall mean a sewer receiving both surface run-off 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 Wastes - shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewer.

(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 than has a BOD concentration of not more than 250 mg/1 and a suspended solids concentration of not more than 300 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. Singular includes plural, male includes female.

(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 one-half 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 furthering 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, a parcel or real estate or building is used for domestic dwelling purposes only.

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

(r)    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.

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

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

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

(v)   Shall is mandatory; May is permissive.

(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.

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

(y)   Suspended Solids (SS) - 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.

(aa) Treatment Works - shall mean any devices and systems for 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, alterations thereof; elements essential to provide a reliable recycle supply such as stand-by treatment units and clean well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process.

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

(cc) User Charge - shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

(dd) 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.

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

(Ord. 1475, Art. I, Secs. 1:22; Ord. 1523, Art II, Secs. 1:11; Code 1991, 14-401)

It shall be unlawful to discharge to any natural 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.

(Ord. 1475, Art. II, Sec. 1; Code 1991, 14-402)

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended for the disposal of sewage.

(Ord. 1475, Art. II, Sec. 2; Code 1991, 14-403)

The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the city which buildings are or shall be located near a sewer, or a block within any sewer district to which a sewer extends, shall make such connection with such sewer in accordance with the provisions of this article. This may be necessary in the judgment of board of health for the purpose of disposing of all substances in such building affecting the public health which may be lawfully and properly disposed of by means of the sewer.

(Ord. 1475, Art. II, Sec. 3; Code 1991, 14-404)

If any such person shall fail, neglect, or refuse to connect any building or buildings with the sewer systems as aforesaid and as herein provided for, for more than 10 days after being notified in writing by the board of health, then the city may advertise for bids for the construction in making the sewer connection and may contract therefore with the lowest responsible bidder or bidders and cause such premises to be connected with the sewer system. The cost and expense thereof shall be assessed against the property on the premises so connected, such assessment to be made in the same manner as other special assessments are made; provided, that all such sewer connections as ordered by the board of health are in accordance with the provisions of this article and shall be in full compliance with the requirements and provisions of the plumbing code of the city.

(Ord. 1475, Art. II, Sec. 4; Code 1991, 14-405)

Where a public sanitary or combined sewer is not available under the provision of section 15-404, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 1475, Art. III, Sec. 3; Code 1991, 14-406)

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

(Ord. 1475, Art. III, Sec. 2; Code 1991, 14-407)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the plumbing inspector. 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 plumbing inspector when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours, by the plumbing inspector after the inspection has been called for, excepting Sundays and holidays.

(Ord. 1475, Art. III, Sec. 3; Code 1991, 14-408)

(a)   The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the local health department and Kansas Department of Health and Environment. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(b)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-404, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Ord. 1475, Art. III, Secs. 4:5; Code 1991, 14-409)

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

(Ord. 1475, Art. III, Sec. 6; Code 1991, 14-410)

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

(Ord. 1475, Art. III, Sec. 7; code 1991, 14-411)

When a public sewer becomes available the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(Ord. 1475, Art. III, Sec. 8; Code 1991, 14-412)

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.

(Ord. 1475, Art. IV, Sec. 1; Code 1991, 14-413)

There shall be two classes of building sewer permits:

(a)   For residential and commercial service;

(b)   For service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make application of a special form furnished by the city. The permit applicant shall supplement by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee shall be paid to the city at the time the application is filed.

(Ord. 1475, Art. IV, Sec. 2; Code 1991, 14-414)

All costs and expenses 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.

(Ord. 1475, Art. IV, Sec. 3; Code 1991, 14-415)

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, 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.

(Ord. 1475, Art. IV, Sec. 4; Code 1991, 14-416)

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

(Ord. 1475, Art. IV, Sec. 5; Code 1991, 14-417)

Materials required for the building sewer shall conform to Table A, Chapter 7 of the 2003 International Plumbing Code.

(Ord. 1475, Art. IV, Sec. 6; Code 1991, 14-418)

The size and slope of the building sewer shall be subject to the approval of the plumbing inspector, but in no event shall the diameter be less than four inches. The slope for six-inch pipe shall not be less than one-eighth inch per foot. If four-inch pipe is allowed, one-quarter inch per foot slope should be the minimum for that size connection.

(Ord. 1475, Art. IV, Sec. 7; Code 1991, 14-419)

(a)   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 therefore 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 in so far as possible. Changes of direction shall be made only with properly curved pipe and fittings, including clean-out fittings.

(b)   In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved sump pump or ejectors and discharged into the building sewer. The use of any pumping equipment for which cross-connections with a public water supply systems are needed, is prohibited.

(Ord. 1475, Art. IV, Secs. 8:9; Code 1991, 14-420)

All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specifications (C12-19) except no backfill shall be placed until the work has been inspected.

(Ord. 1475, Art. IV, Sec. 10; Code 1991, 14-421)

(a)   All joints and connections shall be made gas tight and water tight. Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, federal specification (QQ-L-156), not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coatings shall be permitted on the jointing material after the joint has been tested and approved. All joints in vitrified clay pipe and between such pipe and metal shall be made with approved hot-poured or cold-formed asphaltic jointing material as specified below. Clay pipe may have factory applied joint, meeting A.S.T.M. Specifications (C-425).

(b)   Material for hot-poured joints should not soften sufficiently to destroy the effectiveness of a joint subjected to a temperature of 160 degrees Fahrenheit nor be solvent in any of the waste carried by the drainage system. Joints shall be caulked tight with jute, hemp or familiar approved material.

(c)   See sewer specifications for jointing compounds and other pertinent information if neither hot-poured or cold-asphaltic materials were specified. Other jointing materials and methods may be used only if approved by the Kansas State Department of Health and Environment.

(Ord. 1475, Art. IV, Sec. 11; code 1991, 14-422)

The connection of a building sewer into the public sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and not properly located “Y” branch is available, the owner shall at his or her expense install a “Y” branch in the public sewer at locations specified by the building inspector. Where the public sewer is greater than 12 inches in diameter, and no properly located “Y” branch is available, a neat hold may be cut into the public sewer to receive the building sewer, with entry into the downstream direction at an angle of about 45 degrees. The 45-degree elbow may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. A smooth, neat joint shall be made, and the connection made secure and water tight by encasement in concrete. Special fittings may be used for the connection only when approved by the plumbing inspector.

(Ord. 1475, Art. IV, Sec. 12; Code 1991, 14-423)

The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the plumbing inspector or his or her representative.

(Ord. 1475, Art. IV, Sec. 13; Code 1991, 14-424)

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

(Ord. 1475, Art. IV, Sec. 14; Code 1991, 14-425)

No person shall make connection of downspouts, exterior foundation drainage, area way drains, surface run-off or groundwater to a building sewer building drain which in turn is connected directly or indirectly to the public sanitary sewer.

(Ord. 1475, Art. IV, Sec. 15; Code 1991, 14-426)

(a)   No persons shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(b)   Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specially designed as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged on approval of the city to a storm sewer or natural outlet.

(Ord. 1475, Art. V, Secs. 1:2; Code 1991, 14-427)

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, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b)   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any 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 excess of two mg/1 as CN in the wastes as discharged to the public sewer.

(c)   Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(d)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works 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.

(Ord. 1475, Art. V, Sec. 3; code 1991, 14-428)

No persons shall discharge or cause to be discharged the following described substances, materials, water, 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, have an adverse effect on the receiving stream, or can endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relation 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:

(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 degrees and 150 degrees Fahrenheit (0 degrees 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 three-fourths 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 solutions whether neutralized or not.

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

(f)   Any waters or wastes containing phenols, or other taste- or odor-producing substances, in such concentration 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)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city in compliance with applicable state or federal regulations.

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

(i)    Material 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.

(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 water.

(k)   Any waters or wastes having (1) a five-day BOD greater than 250 parts per million by weight, or (2) containing more than 250 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the city. Where necessary in the opinion of the city, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 250 parts per million by weight, or (2) reduce the suspended solids to 300 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 1475, Art. V, Sec. 4; Code 1991, 14-429)

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 enumerated in section 14-429 of this article, and which in the judgment of the city, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:

(a)   Reject the wastes;

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

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

(d)   Require payment to cover the added cost of handling and treating the wastes not covered by existing rates or sewer charges under the provisions of section 14-435 of this article.

If the city 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 city and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 1475, Art. V, Sec. 5; Code 1991, 14-430)

Grease, oil and sand interceptors 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 interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 1475, Art. V, Sec. 6; Code 1991, 14-431)

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.

(Ord. 1475, Art. V, Sec. 7; Code 1991, 14-432)

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 meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. 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 maintained by him or her so as to be safe and accessible at all times.

(Ord. 1475, Art. V, Sec. 8; Code 1991, 14-433)

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 the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the 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 premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)

(Ord. 1475, Art. V, Sec. 9; Code 1991, 14-434)

No commercial waste haulers or operators of recreational vehicles shall discharge to the sewage treatment plant or sewage works of the city, any domestic septage comprised of liquid or solid material removed from a septic tank, cesspool, portable toilet, recreational vehicle, Type III marine sanitation device or similar treatment works that receives only domestic sewage, or any other waste or wastewater from a vacuum pumping truck, recreational vehicle, or other liquid waste transport vehicle. 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 discharge of hauled industrial wastewater is subject to all other requirements of this article.

(Ord. 1475, Art. V, Sec. 10; Code 1991, 14-435; Ord. 2116; Code 2020)

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.

(Ord. 1475, Art. VI, Sec. 1; Code 1991, 14-436)

The city and other duly authorized employees of the city bearing proper credentials an identification shall be permitted to enter all properties for the proposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The city 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.

(Ord. 1475, Art. VII, Sec. 1; Code 1991, 14-437)

While performing the necessary on private properties referred to in section 15-437, the city or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-433.

(Ord. 1475, Art. VII, Sec. 2; code 1991, 14-438)

The city and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 1475, Art. VII, Sec. 3; Code 1991, 14-439)

(a)   Any person found to be violating any provision of this article except section 15-436 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.

(b)   Any person who shall continue any violation beyond the time limit provided for in subsection (a) above, shall be guilty of a code violation, and on conviction thereof shall be fined in the amount not exceed $100.00 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

(c)   Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

(Ord. 1475, Art. VIII, Secs. 1:3; Code 1991, 14-440)

Bills shall be rendered monthly as provided in sections 15-225:226 and shall be collected as a combined utility bill.

(Code 1991, 14-441)

The monthly sewer charge for service connections to the public sanitary sewer system of the City shall be based upon the average monthly water usage during the months of December, January and February as rounded to the nearest 1,000 gallons, herein after referred to as the average winter water usage and calculated using the following rates:

(a)   Inside the City

(1)   Minimum charge for all individual residential, commercial and industrial billing units contributing sewage to the system shall be based upon the average winter water usage.

(A)  Tier One                  0 to 5,000 gallons                     $ 27.24

(B)  Tier Two                 5,001 to 10,000 gallons             $ 37.47

(C)  Tier Three               10,001 to 20,000 gallons           $ 63.02

(D)  Tier Four                 20,001 to 50,000 gallons           $ 88.58

(E)   Tier Five                  50,001 to 100,000 gallons         $134.59

(F)   Tier Six                   Over 100,000 gallons                $195.92

(2)   Based upon the average winter water usage each billing unit shall pay the following commodity charges per 1,000 gallons per month:

(A)  First 10,000 gallons - $0.61 per 1,000 gallons

(B)  Next 40,000 gallons - $0.72 per 1,000 gallons

(C)  Next 50,000 gallons - $0.77 per 1,000 gallons

(D)  Over 100,000 gallons - $0.88 per 1,000 gallons

(3)   For calculating the monthly sewer service rates for a building with multiple billing units which share a common water meter and sewer connection:

(A)  Where one customer is billed for all water and sewer service to that building, the rate shall include a base charge of $11.61 for each billing unit within the facility and the commodity charge per 1,000 gallon usage based on the average winter water usage.

(B)  Where the billing units not paying for the water service are billed for the sewer service to that building, the City will use an average of 3,000 gallons per month for the purpose of calculating the commodity charge.

(4)   For the purpose of calculating the commodity charge for sewer customers who are not connected to the City’s water system or for those sewer customers where there exists no established average winter water usage, the City will use an average of 6,000 gallons per month.

(5)   The average winter water usage from which the service fees are based will be adjusted annually on the April utility billing.

(6)   The base charge for all individual residential, commercial, industrial and multiple billing units will be increased annually on January 1st, beginning in 2025, by 2.23%.

(b)   Outside the City

(1)   The minimum charge and commodity charges for all individual residential, commercial and industrial billing units outside of the city limits that contribute sewage to the system shall be billed at 125% of the “Inside the City” rates.

(Ord. 1986, Sec. 1; Code 2010; Ord. 2044; Ord. 2123; Code 2020; Ord. 2184; Ord. 2207; Ord. 2229)

The following be and the same are hereby established as just and equitable rates of service charges to be paid to the city for the use of the city’s sewer disposal system by all persons, firms, corporations, the United States, the State of Kansas and political subdivisions and any organizations whose premises are connected, or may hereafter be connected, to the sanitary sewer system of the city:

(a)   Single-Family Dwelling Units. The base rate shall apply.

(b)   Multiple-Family Dwelling Units. Each separate dwelling unit is the multiple-dwelling establishment shall be charged per month, the same being the minimum charge under the base rate plus water usage.

(c)   Rooming Houses. The rate for rooming houses shall be the same as computed in the same manner as single-family dwelling units to be extent and as though the same were a single-family dwelling unit, taking into consideration, of course, the entire average water use of such premises.

(d)   Business and Commercial Building, Institutions, Schools and Churches, Other than Offices and Office Buildings. Where such building is occupied by a single business, industrial or commercial enterprise, or institution, schools or churches, each separate building or buildings, as the case may be, having a separate water metering facility, shall have its sewage service charge computed upon the base rate.

(e)   Office Buildings and Other Industrial Establishments, Institutions, Schools and Churches. Where more than one of such are occupied and maintained as separate entities, using a separate quarter, room or space, all of which are under the same roof and in the same building, having a single water meter in the facility for all such establishments, shall have each of their respective sewage service charges computed in the same manner as provided for multiple-family dwellings as set out herein above.

(f)   Extra Strength Users. All establishments having a connection to the sanitary sewer facility of the city discharging wastes greater than normal strength waste as defined by this article shall have their monthly sewage service charge established by the base rate plus the charge as computed by the equation for extra strength users. Twenty-four-hour composite sample will be ran at least every six months to determine the surcharge. The samples collected shall have sample collected at no less than hourly intervals over a 24-hour period.

(g)   Unusual or Exceptional Circumstances or Classifications. If any unusual or exceptional case or circumstances such as where a leak, wastage or stoppage of water use has occurred during the base period, or such as where the subject premises are unoccupied for a substantial period of time during the base period, or such as where the average water use during the base period is either excessive or less than which would normally be expected thereon, or such as here accurate metering or measuring of average water use cannot be obtained, or such as where the premises connected to the sanitary sewer system of the city are creating a substantially greater or less load upon the sewer system by reason of a substantially larger or smaller or peculiar or unusual type of discharge in the sanitary sewer system, and such as where the premises is a newly erected building not in existence during the entire base period, or such as water used on the premises connected to the city’s sanitary sewer system is both from a metered and unmetered use, and such as where for any other cause or reason it would be inequitable, unjust or unreasonable, either to the owner or occupant of the premises or to other users of the sanitary sewer system of the city, to charge a rate under any of the classifications herein above described, the city manager, in his or her discretion, may and is hereby authorized, from time to time to adjust such sewage service charges for such premises, either upward or downward to a rate, which he or she deems equitable, just and reasonable. Provided, that nothing herein shall be construed as limiting or prohibiting any person who feels aggrieved by such adjustment.

(h)   Extra Strength Charge. The charge to users which contribute greater than normal domestic strength wastewater. The surcharge shall be computed by the following equality:

Cs = [Bc (B) + Sc (S)] 0.00084 Vu

Where:

Cs = A surcharge for wastewaters of excessive strength.

Bc = Operation and Maintenance Cost for Treatment of a unit of Biochemical Oxygen Demand (BOD) = 0.121.

B = Concentration of BOD from a user above a base level as stated in

Sc = Operation and Maintenance Cost for treatment of a unit of Suspended Solids (SS) = 0.124

S = Concentration of Suspended Solids from a user above a base level

Vu = Volume contribution from a user per unit of time

0.00084 = Unit conversion factor per 1,000 gallons

Extra Strength Unit Charges are established as follows:

Inside City and Outside City:

BOD                               0.121/# BOD

Suspended Solids            0.124/ # SS

(i)    Toxic Pollutant Charge. Any user which discharges any toxic pollutants which causes an increase in the cost of managing the effluent or the sludge from the city’s treatment plants shall pay for such increased costs.

(j)    Monitoring Charge. When regulations, as set forth, by federal, state and city require monitoring of the waste from an industry, whether of strength, calculations or for NPDES compliance, that industry shall pay a monitoring charge.

The monitoring charge shall consist of all costs for personnel, material and equipment sued to collect and analyze samples from the user’s wastewater.

The exact charge shall be based on actual costs and shall be determined by the city.

(Ord. 1523, Art. IV, Sec. 2; Code 1991, 14-444)