CHAPTER XV. UTILITIES
Article 1. General Provisions
Article 2. Water
Article 3. Electricity
Article 4. Sewers
Article 5. Solid Waste
Article 6. Water Conservation
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ARTICLE 1. GENERAL PROVISIONS
15-101. DEFINITION. For purposes of this article utility services shall include water, electrical, sewer, solid waste (refuse) and other utility services provided by the city. (Code 1991)
15-102. DELINQUENT ACCOUNTS. Unless otherwise provided, water, electric, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:104. (Code 1991)
15-103. NOTICE; HEARING. (a) If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.
(b) The notice shall state:
(1) The amount due, plus delinquency charge;
(2) Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;
(3) Notice that the customer has the right to a hearing before the designated hearing officer;
(4) Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.
(c) Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.
(Code 1991)
15-104. SAME; FINDING. Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service. (Code 1991)
15-105. UTILITY DEPOSIT. (a) At the time of making application for utility service, the customer shall make a cash deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor. Deposits shall be in addition to current connect fees.
(b) Cash deposits for the indicated utility services shall be in the following amounts:
(1) Water Service - Set by ordinance;
(2) Electric Service - Set by ordinance..
In lieu of making a cash deposit, the prospective customer may present a guarantee which meets the following conditions:
(1) The guarantor must be a current utility customer of the city with a minimum of 12 months utility history at their present address; and
(2) The guarantor must have no more than two late payments in the 12 months immediately prior to the giving of the guarantee;
(3) The guarantor must have no prior disconnection of service for nonpayment and have had no checks returned to the city due to insufficient funds.
Prospective customers submitting letters of credit must meet the same criteria as stated above with regard to their immediate past utility provider and shall have paid their final utility bill, if due.
(c) The city clerk shall keep a separate account of the date on which the deposit is received, the name of the depositor, and the amount thereof in a fund designated as the meter deposit fund. Interest shall be payable at the rate determined by the State Corporation Commission yearly and credited to the customer’s account January 1st of each calendar year.
(d) On the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past year. Interest due and accrued shall not draw interest.
(e) Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.
(f) Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.
(g) The provisions of this article shall not be applicable to (1) temporary utility connections of three months or less by customer harvesters, and contractors; (2) landlords requesting services for the second and subsequent times at the same address; and (3) customers who have one service and are requesting service by an additional meter or meters at an adjoining or contiguous property or building.
(h) The utility connection fees to be paid by landlords for the second or subsequent times at the same address, and by customer harvesters and contractors for each connection shall be as follows:
Custom harvesters and contractors — $25 plus tax.
Landlords — $10 plus tax.
(i) Any city utility customer who has made a deposit to meet the requirements of the city code of the city, and who submits an acceptable letter of credit or guarantee in response to this article, shall have their deposit and accrued interest, if any, refunded to them upon request.
(Ord. 903, Sec. 2)
ARTICLE 2. WATER
15-201. SUPERINTENDENT OF WATER AND SEWAGE. The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body. (Code 1991)
15-202. REGULATIONS. The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article. (Code 1991)
15-203. SERVICE NOT GUARANTEED. The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers. (Code 1991)
15-204. SERVICE CONNECTIONS REQUIRED. (a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located public water mains, is hereby required at his or her own expense to make connection to such public water main.
(b) Before any connection is made to the city's water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.
(Code 1991)
15-205. APPLICATION FOR SERVICE. (a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.
(b) The application shall:
(1) Contain an exact description including street address of the property to be served;
(2) State the size of tap required;
(3) State the size and kind of service pipe to be used;
(4) State the full name of the owner of the premises to be served;
(5) State the purpose for which the water is to be used;
(6) State any other pertinent information required by the city clerk;
(7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.
(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207.
(Code 1991)
15-206. CITY TO MAKE CONNECTIONS. All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only. (Code 1991)
15-207. CONNECTION FEES. The fees for connection to the city waterworks system shall be established by resolution of the governing body and maintained in the office of the city clerk. (Code 1991)
15-208. CURB COCKS. There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box. (Code 1991)
15-209. CHECK VALVES. Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superintendent. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch. (Code 1991)
15-210. UNAUTHORIZED SERVICE. It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body. (Code 1991)
15-211. METERS. (a) All water furnished to customers shall be metered.
(b) Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.
(c) The city's responsibility stops at the meter.
(Code 1991)
15-212. SAME; TESTING. Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and a charge of $10 will be made to the customer. (Code 1991)
15-213. TAMPERING WITH METER. It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off. (Code 1991)
15-214. LEAKS PROHIBITED; PENALTY. No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive. (Code 1991)
15-215. DISCONNECTION, RECONNECTION CHARGE. The governing body shall establish, by ordinance, a water service disconnection and reconnection charge. Whenever the city receives a request from a customer for termination of water service the disconnection charge shall be added to the customer's final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the reconnection charge. (Code 1991)
15-216. UTILITY DEPOSIT. At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service. (Code 1991)
15-217. INTERRUPT SERVICE. The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment. (Code 1991)
15-218. PROHIBITED ACTS. It shall be a violation of this article for any unauthorized person to:
(a) Perform any work upon the pipes or appurtenances of the city's waterworks system beyond a private property line unless such person is employed by the city;
(b) Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;
(c) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city;
(Code 1991)
15-219. WASTING WATER. Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense. (Code 1991)
15-220. RIGHT OF ACCESS. Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines. (Code 1991)
15-221. RATES. The rates per month for the use of water in the city shall be as follows:
(a) The monthly minimum rate is set at $5 for the first 3,000 gallons of water a customer may consume;
(b) For each 1,000 gallons of consumption over the first 3,000 gallons the rate shall be $1.60 per 1,000 gallons;
(c) An additional flat-fee of $5.50 per month as of October 15, 1995, and increasing $0.50 to $6 as of May 15, 1996, shall be charged to every customer to is billed for water, sewer, electric or solid waste services and is also protected by the city’s waster system for fire safety as determined by city administration and the fire chief to finance capital improvements to the water system;
(d) The state-mandated water protection fee of $0.32 for each 1,000 gallons of water sold at retail by the city required by K.S.A. 82(a)-903 et seq. shall be listed as a separate line item on the city's billing, be maintained by the city in a special account and remitted quarterly to the Kansas Department of Revenue as required by law.
(Ord 879, Sec. 1)
15-222. PAYMENT OF BILLS. All water bills for the previous month's water service shall be paid on or before the 10th day of the month following the service. For any billing not paid when due a late charge of 10 percent will be added to the bill. (Code 1991)
15-223. DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING; LIABILITY. Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104. (Code 1991)
15-224. USE DURING FIRE. No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire. (Code 1991)
15-225. GENERAL INFORMATION. (a) Purpose. The purpose of sections 15-225:230 is:
(1) To protect the public potable water supply of the city from pollution or contamination due to cross connection;
(2) To prohibit and eliminate all cross connections within the public potable water supply system; and
(3) To provide for the maintenance of a continuing effective cross connection control program and thus protect the public health.
(b) Responsibility. The utility superintendent shall be responsible for effectively conducting the cross connection control program of the city public potable water supply. If in the judgment of the utility superintendent an approved backflow prevention device is required the utility superintendent or his or her agent will give notice in writing to the customer to install the proper device. The customer shall immediately install the proper device at the customer's expense. Failure to comply shall be grounds for discontinuing water service to the customer until the device is properly installed.
(Ord. 841, Sec. 4-201)
15-226. DEFINITIONS. (a) Agency. The department of the municipal government or water surveyor invested with the responsibility for enforcement of this article.
(b) Air Gap. The unobstructed vertical distance at least twice the diameter of the supply lines and not less than one inch, through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.
(c) Approved Device. Shall mean devices tested and accepted by a recognized testing laboratory approved by the Kansas Department of Health and Environment and the utility superintendent.
(d) Backflow. The flow of water or other substances into the distribution system of a potable supply of water from any source other than its intended source. Backsiphonage is one type of backflow.
(e) Backflow Preventer. A device or means to prevent backflow.
(f) Backsiphonage. The flowing back of contaminated or polluted substances from a plumbing fixture or any vessel or source into the potable water supply system due to negative pressure in the system.
(g) Contaminant. Any substance that upon entering the potable water supply would render it a danger to the health or life of the consumer.
(h) Cross Connection. Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other which contains water or any substance of unknown or questionable quality whereby there may be flow from one system to the other.
(i) Double Check Valve. A device consisting of two internally loaded soft seated check valve with positive shut-off valves on both upstream and downstream ends, and properly located test ports.
(j) Dual Check Valve. A device consisting of two internally loaded soft seated check valves. This device does not contain test ports and is acceptable for use only at the meter of residential customers.
(k) Free Water Surface. A water surface at atmospheric pressure.
(l) Flood Level Rim. The edge of the receptacle from which water overflows.
(m) Frost Proof Closet. A hopper with no water in the bowl and with the trap and water supply control valve located below frost line.
(n) KDHE. The Kansas Department of Health and Environment.
(o) Plumbing. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping fixtures, appliances and appurtenances.
(p) Pollution. The presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely affect the water.
(q) Reduced Pressure Zone Backflow Preventer. An assembly of two independently acting soft seated approved check valves together with a hydraulically operating mechanically independent differential pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall contain properly located test cocks and resilient seated shut-off valves at each end of the assembly. To be approved these assemblies must be accessible for inspection and testing and be installed in an above ground location where no part of the assembly will be submerged.
(r) Tester. A trained technician certified in the testing and repair of backflow preventers.
(s) Vacuum. Any absolute pressure less than that exerted by the atmosphere.
(t) Vacuum Breaker. A device that permits entrance of air into the water supply distribution line to prevent backsiphonage.
(u) Water, Potable. Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its quality shall conform to Kansas Department of Health and Environment requirements for public water supplies.
(v) Water, Nonpotable. Water that is not safe for human consumption or that is of questionable potability.
(Ord. 841, Sec. 4-202)
15-227. REQUIREMENTS. (a) General. A public potable water supply system shall be designed, installed and maintained in such a manner as to prevent contamination from no potable sources through cross connections or any piping connection to the system.
(b) Cross Connections Prohibited. Cross connections are prohibited except when and where as approved by utility superintendent suitable backflow preventers are properly installed, tested and maintained to insure proper operation on a continuing basis.
(c) Interconnections. Interconnection between two or more public water supplies shall be permitted only with the approval of the Kansas Department of Health and Environment. (K.S.A. 65-163(a))
(d) Individual Water Supplies. Connections between a private water supply and the public potable water are prohibited. (K.S.A. 65-163(a))
(e) Connections to Boilers. Potable water connections to boiler feed water systems in which boiler water conditioning chemicals are or can be introduced shall be made through an air gap or through a reduced pressure zone principle backflow preventer located in the potable water line before the point where such chemicals may be introduced.
(f) Prohibited Connections. Connection to the public potable water supply system for the following is prohibited unless properly protected by the appropriate backflow prevent device.
(1) Bidets.
(2) Operating, dissecting, embalming, and mortuary table or similar equipment in such installations the hose used for water supply shall terminate at least 12 inches away from every point of the table or attachments.
(3) Pumps for nonpotable substances. Priming only through an air gap.
(4) Building drains, sewers, or vent systems.
(5) Commercial buildings or industrial plants manufacturing or otherwise using polluting or contaminating substances.
(6) Any fixture of similar hazard.
(g) Refrigeration Unit Condensers and Cooling Jackets. Except when potable water provided for a refrigeration condenser or cooling jacket is entirely outside the piping or tank containing a toxic refrigerant, the inlet connection shall be provided with an approved backflow preventer. Heat exchangers used to heat water for potable use shall be of the double wall type.
(h) Protective Devices Required. The type of protective device required under this article shall be determined by the degree of hazard which exists as follows:
(1) Premises having auxiliary water supply shall protect the public system by either an approved air gap or an approved reduced pressure principle backflow prevention assembly.
(2) Premises having water or substances which would be nonhazardous to the health and well being of the consumers shall protect the public system with no less than an approved double check valve assembly.
(3) Premises where material dangerous to health is handled in a manner which crates an actual or potential hazard shall protect the public system by an approved air gap or an approved reduced pressure principle backflow prevention assembly.
(4) Premises where cross connections are uncontrolled shall protect the public water supply by installing an approved air gap or an approved reduced pressure principle backflow prevention device at the service connections.
(5) Premises where because of security requirements or other prohibitions it is impossible to complete an implant cross connection inspection, the public system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly.
Premises which may fall into one or more of the above mentioned categories may be, but are not limited to the following:
(a) Beverage bottling plants.
(b) Buildings-hotels, apartments, public or private buildings, or other structures having actual or potential cross connections.
(c) Car wash facilities.
(d) Chemical manufacturing, handling, or processing plants.
(e) Chemically contaminated water.
(f) Dairies and cold storage facilities.
(g) Film or photography processing laboratories.
(h) Fire systems.
(i) Hospitals, medical centers, morgues, mortuaries, autopsy facilities, clinics, or nursing and convalescent homes.
(j) Irrigation systems.
(k) Laundries.
(l) Metal cleaning, processing or fabricating plants.
(m) Oil and gas production, storage, or transmission facilities.
(n) Packing or food processing plants.
(o) Paper and paper products plants.
(p) Power plants.
(q) Radioactive materials plants or handling facilities.
(r) Restricted or classified facilities.
(s) Rubber plants.
(t) Sand, gravel, or asphalt plants.
(u) Schools or colleges.
(v) Sewage and storm drainage facilities and reclaimed water systems.
(w) Solar heating systems.
(x) Temporary service-fire hydrants, air valves, blow-offs and other outlets.
(y) Water from marinas.
(Ord. 841, Sec. 4-203)
15-228. INSTALLATION. Approved devices shall be installed at all fixtures and equipment where backflow or backsiphonage may occur and where a minimum air gap between the potable water outlet and the fixture or equipment flood-level rim cannot be maintained. Backflow and backsiphonage devices of all types shall be in an accessible location. Installation in pits or any other location not properly drained shall be prohibited, except that dual check valves may be installed in the meter box.
(a) Connections Not Subject to Backpressure. Where a water connection is not subject to back pressure, a vacuum breaker shall be installed on the discharge side of the last valve on the line serving the fixture or equipment. A list of some conditions requiring protective devices of this kind are given in the following table titled Cross Connections Where Protective Devices are Required.
CROSS CONNECTIONS WHERE PROTECTIVE DEVICES
ARE REQUIRED AND CRITICAL LEVEL (C-L)
SETTINGS FOR VACUUM BREAKERS
Fixtures or Equipment Method of Installation
Aspirators & ejectors C-L at least six inches of above flood level of
receptacle served.
Dental units On models without built in vacuum breakers
C-L at least six inches above flood level rim
of bowl.
Commercial dish washing C-L at least six inches above flood level of
machine machine. Installed on both hot and cold water
supply lines.
Garbage can cleaning C-L at least six inches above flood level of
machines machine. Installed on both hot and cold water
supply lines.
Hose Outlets C-L at least six inches above flood level of
machine. Installed on both hot and cold water
supply lines.
Commercial laundry C-L at least six inches above flood level of
machines machine. Installed on both hot and cold water
supply lines.
Lawn sprinklers C-L at least six inches above highest sprinkler
head or discharge outlet.
Steam tables C-L at least six inches above flood level rim.
Tanks and vats C-L at least six inches above flood level rim
or line.
Through urinals C-L at least 30 inches above perforated flush
pipe.
Flush tanks Equipment with approved ball cock, installed
according to manufacturer's instructions.
Hose bibs C-L at least six inches above flood level of
receptacle served.
(b) Connections Subject to Backpressure. Where a potable water connection is made to a line, fixture, tank, vat, pump, or other equipment with a hazard of backflow or backsiphonage where the water connection is subject to backpressure, and an air gap cannot be installed, the utility superintendent may require the use of an approved reduced pressure principal backflow preventer. A partial list of such connections is shown in the following table Partial List of Cross Connections Subject to Back Pressure.
Partial List of Cross Connection Subject to Back Pressure
Chemical lines Pumps
Dock water outlets Steam lines
Individual water supplies Swimming pools
Industrial process water Pressure tanks
lines
Tanks & vats-bottom inlets Hose bibs
(c) Barometric Loop. Water connections where an actual or potential backsiphonage hazard exists may in lieu of devices specified above be provided with a barometric loop. Barometric loops shall precede the point of connection.
(d) Dual Check Valve. Dual check valves may be installed at the meter. These valves shall be inspected and repaired not less frequent than every third year. These valves shall be installed only in situations where the utility superintendent is assured that only noncontaminating substances are subject to backflow into the potable system.
(e) Vacuum Breakers. Atmospheric vacuum breakers shall be installed with the critical level at least six inches above the floor rim of the fixture they serve and on the discharge side of the last control valve to the fixture. No shutoff valve or faucet shall be installed beyond the atmospheric vacuum breaker. Pressure vacuum breakers shall be installed with the critical level at least 12 inches above the flood rim but may have control valves downstream from the vacuum breaker. For closed equipment or vessels such as pressure sterilizers the top of the vessel shall be considered the flood level rim and a check valve shall be installed on the discharge side of the pressure vacuum breaker.
(Ord. 841, Sec. 4-204)
15-229. MAINTENANCE AND REPAIR. It shall be the responsibility of building and premise owners to maintain all backflow preventers and vacuum breakers within the building or on the premises in good working order and to make sure no piping or other arrangements have been installed for the purpose of bypassing the backflow devices. Testing and repair of these devices should be made by qualified technicians. (Qualified technicians are those technicians who have completed a Kansas Department of Health and Environment approved training course and have passed a written examination such as the American Backflow Prevention Association device testers examination.) The utility superintendent shall certify the device testers after ascertaining the technician meets the above qualifications. The utility superintendent will also assure the proper installation of all backflow preventers and will set appropriate testing and overhaul schedule for such devices. Testing intervals shall not exceed one year and overhaul intervals shall not exceed five years.
(a) Certified Tester/Repair Technicians. All certified tester/repair technicians shall be re-certified at no less than three year intervals. Persons certified as tester/repair technicians at the time of the adoption of this article shall continue to be certified for a period of not more than three as determined by the utility superintendent. (Ord. 841, Sec. 4-205)
15-230. PENALTIES AND FINES. Notification. The utility superintendent shall notify the owner, or authorized agent of the owner, of a building or premises in which there is found a violation of this article, of such violation. The utility superintendent shall set a reasonable time for the owner to have the violation corrected. If the owner fails to correct the violation with the specified time the city shall cease delivery of water to the building or premises until the violation shall be satisfactorily corrected. (Ord. 841, Sec. 4-206)
ARTICLE 3. ELECTRICITY
15-301. SHORT TITLE. This article shall hereinafter be referred to as the St. John Electrical Code. (Code 1984, 4-401)
15-302. GENERAL RULES. The rates, rules and regulations hereinafter named shall constitute and be considered a part of the contract with every person within the city limits and within a three-mile radius thereof, who is supplied with electrical energy from the electrical system of the light department of the city and every person hereinafter called the consumer who accepts and uses electrical energy shall be held to have consented to be bound thereby, and no electrical energy shall be furnished by the light department except in accordance with this article. Wherever in this article the word department is used, it shall be construed to mean the light department of the city.
(a) Any person using electrical energy from the department without paying therefor, or who shall be found guilty of breaking the seal of any meter or switch, or who shall install wiring, make connections, or attach wires or any electrical devise or appliances to wires in a manner so that electrical energy may be used without being supplied under the terms of this article, and upon conviction thereof, shall be fined a sum of not more than $500.
(b) Any person who shall be found guilty of defacing, injuring or destroying or in any manner limiting the use of availability of any pole, wire, insulator, fixture, lamp, meter or any property of the light department of the city, or who shall erect signs on the property of the department without permission, shall upon conviction of such ac be fined not more than $500.
(c) All contracts for electric service must be made in the name of the head of the household, firm, or corporation using the established spelling of that person's or firm's name. Attempts to obtain service by the use of other names, different spellings or by substituting other persons or firms will be considered a subterfuge and service will be denied. If service has been discontinued because of nonpayment of bills or any unpaid obligation, and service again has been obtained through subterfuge, misrepresentation, or fraud, that service will be promptly disconnected, and the whole or such part of the security deposit as may be necessary to satisfy the unpaid obligations hall be retained by the city and credited to the proper account.
(Code 1984, 4-402)
15-303. APPLICATIONS. All applications for electrical service shall be made in writing upon a contract blank furnished by the department stating fully and truly the purpose for which the services are required and accepting the terms of this article, and any amendments thereto, as a part of the terms of the contract between the applicant and the department of the city.
(a) The department will run its service wires for electric light and power to the nearest point of any customer's buildings. No person shall make any connections of or to the department’s wires without authority from the electrical department. The department shall cause to be billed to any customer for whom an electrical service connection is made an amount equal to the cost of all material used in making the connection including but not limited to the wire, meter, socket, and other such electrical appliances and appurtenances as may be used in the making of the connection but in no event shall the amount of the connection fee be less than $10.
(b) The rates of the department are based upon the supply of service to the entire premises through single delivery and metering point. Separate supply for the same consumer at any other points will be separately metered and billed.
(c) The department may accept as Application for Service or enter into a contract with any prospective secondary voltage service customer whose premises are outside of the department's network of distribution lines or whose request is for a three phase service not already available for the sale of electric power under the following conditions:
(1) If the department is satisfied that the amount of power to be used will justify the construction of a line to the point of delivery and the installation of a suitable transformer and meter by the department, the cost of the line and the transformer and meter shall be borne by the department, provided the customer will obtain for or grant to the department an easement, if needed, for the extension of such line by the department and extension thereof in the future over the consumer's premises.
(2) If the department is not satisfied that the estimate of the amount of power to be used will justify the construction of a line to the point of delivery and the installation of a suitable transformer and meter by the department, the department shall require the payment of a minimum monthly bill that will justify the required investment, or the payment of an equitable portion of the construction of the line and of the cost of installation of the transformer and meter; provided however, that the line, transformer and meter shall always be and remain the property of the department, and that the consumer will obtain for or grant to the department an easement, if needed, for the extension of such line by the department as well as any extension thereof to supply other customers.
(Ord. 882)
15-304. RESALE. With the exception of authorized municipal franchise holders, consumers shall not be permitted to dispose of the power taken under their application for contract for resale to any other party or to the general public.
(a) There shall be no submetering for resale, or allocation of energy cost, such as in multiple dwelling units where the dwelling units are combined and fed through one meter. (Code 1984, 4-404)
15-305. SEPARATE CONTRACTS. Service may be supplied to consumers not coming within the scope of the regular rate schedules of the department; provided, that such service shall be covered by separate contract and shall be approved by the governing body. (Code 1984, 4-405)
15-306. METER READING; BILLING AND COLLECTING. The department may require a deposit in the amount of the bills which it is estimated will accrue during two normal billing periods, plus any service charge; this deposit to be refunded upon termination of service after all outstanding amounts due have been paid and upon presentation of the certificate for cancellation. A surety bond may be accepted in lieu of cash deposit. Such surety bond to be executed and signed by a resident agent in the State of Kansas. Nothing in these rules shall prevent the requirements of additional or new deposits when conditions warrant. The minimum deposit shall be $60.
Monthly bills will be rendered NET, payable within 10 days of the date of the bill, and will become delinquent thereafter. Ten percent shall be added to the amount on the date the bill becomes delinquent.
(a) All bills remaining unpaid after the due date specified on the billing card shall have a 10 percent penalty added to the total electric bill.
(b) Failure to receive a bill shall not excuse a consumer from his or her obligation to pay within the time specified. Should the department be unable to bill a consumer for energy used during any month, the billing next made shall include the charges for energy used during the unbilled month. A month shall be considered as that period of approximately 30 days.
(c) The right to discontinue service for default may be exercised whenever and as often as default shall occur and neither delay or omission on the part of the department to enforce this rule at any one or more times shall be deemed a waiver of its rights to enforce the same at any time, so long as the default continues.
(d) A past due notice shall be sent for any bill which is unpaid five days following the due date. The notice shall state that service will be discontinued unless payment is received 10 days following the notice date. The notice shall inform the consumer of the right to request a hearing on the proposed termination of service. Any request for a hearing shall be made to the city clerk within three days of the notice.
(e) Upon receipt of notification of a request for hearing, the city clerk shall fix the time and place for the hearing that is convenient for all concerned. The city clerk shall preside as the hearing and shall determine whether there is just cause for the consumer's failure to pay for utility service. After hearing all the evidence submitted, the city clerk shall make such orders as he or she deems reasonable under the circumstances, which may include, but are not limited to, the following:
(1) Termination of service at a fixed date.
(2) An extended time for payment.
(3) A schedule of payments for retirement of the debt.
(Code 1984, 4-406; Ord. 815, Secs. 1,3; Code 1999)
15-307. DISCONNECTING WATER OR ELECTRICAL SERVICES. Whenever service has been disconnected for nonpayment or fraudulent use, a charge of not less than $25 shall be charged for restoring electrical or water service during normal business hours. The charge for restoring electrical or water service outside of normal business hours shall be not less than $50. (Ord. 903)
15-308. METER READING. Meters will normally be read each month and the day of the month for reading any meter will be as closely as possible be on the same day each month.
(a) The department will read meters at least once every three months where auto transportation is required for such readings. In the months where meters are not read, meter readings will be estimated by the department and bills will be rendered on the basis of these estimated readings. However, if a consumer desires to submit the meter readings by postcard and will do so in time for billing, the department will provide the postcards for this purpose.
(b) The department may estimate the meter readings for fractional month's use and render bills based on these estimated meter readings.
(c) The department may estimate meter readings where its reader is unable to gain access to the premises to read the meter on his or her regular meter trip.
(d) In the event of appreciable error of any estimated bill, the department will revise such estimate on the basis of the best evidence available; provided, that this error has been called to the department's attention within a reasonable period of time.
(Code 1984, 4-408)
15-309. DEPARTMENT'S OBLIGATION. The department shall exercise diligence and care to furnish and deliver a continuous supply of electric energy to the consumer, but will not be liable for interruption or shortage of supply due to accident or conditions beyond the department's control. In the event of such interruption or shortage the department shall not be liable for any loss or damage occasioned thereby, nor shall such interruption or shortage constitute a branch of its contract.
The city shall not be liable in case of damage to property, appliances, articles or materials in the process of manufacture or development because of interruptions of service caused by windstorms, lightning, voltage surges, strikes, riots, or other causes beyond the control of the department. (Code 1984, 4-409)
15-310. CONSUMER'S OBLIGATION. In order to prevent damage to the department's equipment and impairment of its service, the consumer shall give the department notice before making any additions in excess of 10 percent to his or her connected load so that the department, at its option, may provide such facilities as may be necessary for the furnishing of increased service. Such additions include, but are not limited to, electric heating.
Current in phase wires of services shall be balanced as closely as practical with installed equipment. Installation of equipment causing large unbalance will be subject to approval of the electrical department. (Code 1984, 4-410)
15-311. SERVICE AND METER REGULATIONS. The availability of service for the equipment to be used shall be determined from the department before proceeding with the wiring or the installation of equipment.
(a) The department shall have the right, but shall not be obligated, to inspect electrical installations at any time, and it reserves the right to reject any wiring or equipment not in accordance with its standards. Such inspection, or failure to inspect, or to reject shall not render the department, its agent, or employees, liable or responsible for any loss, damage, or accident resulting from defects in the customer's installation of any electrical equipment, or for an violation of the application of contract of which these conditions are a part. (The consumer shall permit the entrance on his or her premises to identified employees of the department at all reasonable hours for all purposes related to the department business.) (Code 1984, 4-411)
15-312. SERVICE DROPS. Overhead service drops will be run and attached to the building by the department, except that anchor bolts to which the service drops will be attached on brick, brick veneer, concrete or masonry buildings will be furnished and installed by the consumer. The point of service attachment on the buildings shall be at least 10 feet above finish grade. Where necessary, approved structures to support service conductors and for reinforcement of a building structure to provide adequate anchorage for service drop conductors shall be provided by contractor or owner. (Code 1984, 4-412)
15-313. SERVICE ENTRANCES. The applicant shall determine from the department the location of the service entrance and metering equipment for overhead services, and any wiring installed without first determining service entrance and/or meter locations as covered above is done at the risk of having to change the service location to conform with the requirements of the department.
(a) All service entrances will be so located that the service wires installed by the department will reach the service entrance by attachment at one location only on the building.
(b) All service entrance conductors must be installed in rigid conduit or electrical metallic tubing as approved by the National Electrical Code.
(c) No service connection will be made if any of the following conditions are present until the proper corrections have been made or advance approval shall have been secured in writing from the head of the electrical department:
(1) If service wires are not coded;
(2) If there are water pipes or water pipe fittings in the service entrance;
(3) If service entrance is too low;
(4) If service switch is not of a type approved for this purpose;
(5) If service witch is exposed to the weather and not enclosed in a rain-tight factory-made cabinet;
(6) If unused openings in the meter base or enclosure are not properly closed; nontamperable plugs shall be used;
(7) If a building is moved to a new location and the service entrance and/or provisions for metering do not comply with applicable wiring codes and these regulations; and
(8) Any other conditions which the department deems unsafe.
(d) Any commercial electrical user who utilizes underground wiring shall have a main disconnect on the power pole before beginning the underground wiring run. In addition, there shall be a disconnect located at the meter (meters) on the outside of the building.
(e) No more than one set of service entrance conductors, installed in one conduit or raceway, will be connected to any one service drop except by special permission from the department.
(f) Where the service entrance conduit is extended through the roof and used as an anchorage for the service drop conductors, a minimum of two inch rigid conduit shall be used. Service mast for residential single family occupancy shall extend not less than 18 inches from the roof to the top of the weather head. Consult the department for requirements on service mast for commercial or industrial service.
(Code 1984, 4-413; Ord. 813, Sec. 1)
15-314. METER BASES. Meter bases or meter enclosures shall be located at such height that the center of the meter when installed will not be more than seven feet, or less than six feet, from the ground, on accessible permanent platform or landing.
(a) Meters or metering equipment shall be placed in such location that allows free access for installing, removing, testing and reading.
(b) Meters will not be installed in locations subject to vibrations, condensation, where live steam or hot liquids are used, or where similar conditions exist which would adversely affect such devices. Metering equipment shall not be installed over open pits, moving machinery, accessible wells or hatchways, and there shall be at least three feet of unobstructed space between the nearest point of the metering equipment and any such openings, obstructions, or safety hazards. Metering equipment shall not be so located as to be in the path of water from eaves, rain spouts, etc.
(c) Metering for residential loads shall, in all cases, be on the outside of the building and shall not be installed under any type porch, breeze way, shelter, or in an enclosure.
(d) That from and after the effective date hereof, at all service entrances and meter installations, whether new construction or rewiring, where it is necessary to rewire the service entrance or meter loop that will receive electric current from the electric distribution system of the city, there shall be a weatherproof master disconnect mounted without additional breakers in the same box on the outside of the building.
(e) Metering equipment for commercial or industrial service shall be installed on the outside of the building, except where prior approval by the department has been granted.
(f) Where a subdivision of the service requires the use of more than one meter, the meters shall be grouped.
(g) Secondary circuits of instrument transformers will not be run in the same conduit or raceway with any other conduits.
(h) When any changes, alterations or additions are made in the consumer's premises that violate these requirements, the consumer shall pay the cost of relocating the metering equipment.
(i) That when in the rewiring of an existing residence it becomes necessary to change out or rewire the meter loop or service entrance in any way, before the service will be reconnected the service entrance and equipment shall have a weather proof master disconnect with a service capacity of not less than 60 amperes for a three wire service and shall be mounted on the outside of the building together with the metering equipment and the service shall be properly grounded. Wire size and fittings for the service shall be in conformity with the National Electrical Code.
(Code 1984, 4-414)
15-315. SERVICE. All meters will be of the socket type.
(a) Single Phase:
(1) Single phase circuits of 200 amperes or less connected load, serving residential single family occupancy will be metered with self-contained socket type meters. For loads in excess of 200 amperes connected, or for circuits serving multiple occupancy dwellings, consult the department for metering requirements.
(2) Single phase circuits of 200 amperes or less connected load, and under 300 volts serving commercial or industrial consumers, will be metered with self-contained socket type meters. For loads in excess of 200 amperes connected, consult the department for metering requirements. All sockets for single phase meters will be of a type approved by the department.
(b) Three Phase: All three phase service, of 300 volts or less and connected load of 200 amperes or less, will be metered through self-contained meters. Loads in excess of 200 amperes, or utilizing potentials above 300 volts, will be metered through instrument transformers, and contractor or owner shall consult the department for metering requirements. The following regulations shall apply to all three phase metering:
(1) All sockets for three phase meters will be of a type approved by the department.
(2) On four-wire delta connected secondaries, the high leg shall be identified by color, Red.
(Code 1984, 4-415)
15-316. SAME. All instrument transformer enclosures, meter enclosures, and conduits or raceways for meter wiring will be furnished and installed by the consumer, and will be of a type approved by the department. All metering equipment shall be installed on the line side of the service equipment except:
(a) When the subdivision of the service equipment and metering is such that a main disconnection means is required, the connection of each meter to the main disconnecting means shall then be made direct or through a bus; and
(b) When meters are installed in a special factory built switchboard. The department shall be consulted for metering requirements in each installation.
(Code 1984, 4-416)
15-317. WIRING. No wiring shall be attached to the department owned poles except by special permission from the department, and any wiring thus attached shall be done strictly in accordance with the department drawings and specifications.
Secondary circuits of instrument transformers will not be run in the same conduit or raceway with any other circuits.
All meter loop wiring and all other wiring on the line side of the metering equipment, except the service drop, shall be entirely enclosed in rigid metal enclosures or rigid conduit, and all such enclosures or raceways shall be provided with a suitable device for sealing. (Code 1984, 4-417)
15-318. LIABILITY. Nothing in these rules shall be construed as placing upon the department any responsibility for the condition of main entrance of the consumer's wiring current consuming devices or other equipment, and the department shall not be held liable for any loss or damage resulting from defects in the consumer's installation and shall not be held liable for damage to persons or property arising from the use of the service on the premises of the consumer. (Code 1984, 4-418)
15-319. CHARACTERISTICS OF SERVICE. (a) Service provided will be alternating current at a regulated frequency of 60 cycles.
(1) The character of service available at any particular location should be ascertained by inquiry at the department's office.
(2) Single-phase loads, when supplied at 120/240 volts must be reasonably balanced as between the two sides of the service with respect to the neutral wire.
(3) Single-phase loads with a service switch capacity of 400 amperes or less at 240 volts normally will be supplied through one main meter. Where such switch is in excess of 400 amperes, the department shall be consulted regarding metering requirements and related facilities, including switches and circuits.
(4) Three-phase service will be supplied at 240 volts, through three wires; loads supplied from such service shall be reasonably balanced.
(5) The department will supply service at higher voltages only when, in its opinion, the size or special character of the load, or the location thereof, warrants the supplying of such service at higher voltages.
(b) Lighting load used for illumination must be supplied under the appropriate schedule.
(1) Lighting load shall normally be supplied through three wires at 120/240.
(2) When gaseous tube lighting equipment or system or systems of any types are to be served under the domestic or commercial schedules, the department will require that the consumer provide at his or her expense power factor corrective apparatus to increase the operating power factor of each complete system to not less than 90 percent (lagging or leading). Such correction will be required when the total connected tube rated load is 2KW or greater.
(c) Motor loads may be served under any rate schedule which provides for service to power for general purposes, but subject to any limitations as to individual capacity and other conditions specified in such schedule, and subject to other applicable provisions of rules and regulations.
(1) Single phase service generally will be supplied for lighting and motor installations aggregating 10 hp or less in which the largest piece of equipment is six hp of less. Except as otherwise provided or permitted under the following provisions, such service generally will be at 240 volts, and any number of motors may be connected to a service supplying light or power.
(2) Any single-phase motor having locked-rotor current not exceeding 55 amperes, and full load running current not exceeding 14 amperes, (nominal 3/4 horsepower), may be operated at 120 volts.
(3) Any single phase motor up to and including five hp having a locked-rotor current not exceeding 116 amperes, and full load running current not exceeding 28 amperes may be operated at 240 volts, and single-phase motor with a rating in excess of the above shall not be connected to the department lines without the permission of the electrical department.
(4) Any motor causing objectionable voltage fluctuations which operates on a service which also supplies lighting, shall be changed to operate on a higher voltage and other suitable means employed to reasonably reduce the objectionable voltage fluctuations.
(d) Three-Phase Service. Three-phase service generally will be supplied for motor installations aggregating more than 10 hp. Such services generally will not be otherwise limited as to capacity either of individual motors or of the installation in aggregate. the department may, however, require that large installations be served from transformer stations located on premiss of consumers. Service will generally be at 240 volts. (Code 1984, 4-419)
15-320. LARGE MOTORS. The electrical department shall be contacted and approval obtained prior to installation as to how all motors in excess of 25 hp shall be started, either two stage starting or reduced voltage. (Code 1984, 4-420)
13-321. DEFINITIONS. (a) Commercial Power User shall mean separately metered commercial users who us such separately metered power solely for the operation of electrical motors.
(b) Commercial User shall man and include the following:
(1) Hotels and motels.
(2) All business, professional and commercial enterprises.
(3) All churches, schools, public and private organizations and clubs, and public buildings.
(4) Whenever a private residence is regularly and predominately used to offer services or items for sale to the public, the residence is a commercial user.
(5) The Residential User rate is not available to residential premises regularly and predominately used for commercial purposes; however, if the user's wiring is so arranged that electric service for residential and commercial uses can be metered separately then the residential rate applies to that portion used for residential purposes. Whenever such situations exist, the customer must submit tot an annual inspection to determine if any portion of the commercial use is being metered at a residential rate.
(c) Residential User shall mean all metered connections for single and multi-family residences not hereinafter defined as a Commercial User.
(Code 1984, 4-429)
15-322. CONNECTIONS AND DISCONNECTIONS. (a) Any user may have his or her service disconnected without charge Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. If a disconnection is desired at any other time, a charge of $10 must be paid in advance.
(b) In the event the same user orders a disconnect and a reconnect of electric service at the same premise within a period of 12 months the department shall collect as a reconnecting charge the sum of such minimum bills as would have occurred during the period of disconnection.
(Code 1984, 4-430)
15-323. RESIDENTIAL USER RATE. All electric current purchased from the city by residential users shall be billed at the following rate:
$.089 per KWH for each and every KWH. Minimum charge shall be $5 meter and service charge per month as provided by section 15-326. (Code 1984, 4-431)
15-324. COMMERCIAL USER RATE. All electric current purchased from the city by commercial users shall be billed at the following rate:
$0.89 per KWH for each and every KWH. Minimum charge shall be $8 meter and service charge per month as provided by section 15-326. (Code 1984, 4-433)
15-325. FUEL COST ADJUSTMENT. The following fuel cost adjustment shall be established:
The energy charge for all energy used per month shall be increased or decreased in the amount of 1.11 times the cost of fuel and purchased energy less the base of $.0310 per net KWH to the nearest $.0001 will be established.
Fuel cost shall be determined from the cost of natural gas, diesel oil, lubricating oil and any energy purchased. Fuel cost adjustments shall not reduce a minimum billing but may increase a minimum billing. (Code 1984, 4-435)
15-326. MONTHLY METER CHARGE. A monthly electric meter and service charge of $5 per meter used by the residential consumer will be charged to each billing statement.
A monthly electric meter and service charge of $8 per meter used by the commercial consumer will be charged to each billing statement. (Code 1984, 4-436)
15-327. DETERMINATION OF APPLICABLE RATES. The governing body shall determine which rate shall be applied to each customer. (Code 1984, 4-437)
15-328. APPLICATION OF RATES. All rates established by this article shall apply to users both inside and outside the city limits. All users shall be billed in accordance with section 15-306. (Code 1984, 4-438)
ARTICLE 4. SEWERS
15-401. COMMERCIAL OR INDUSTRIAL; SEWER SERVICE. Any owner of commercial or industrial property outside the corporate limits of the city desiring to attach to the city sewer system to receive sewer service shall make application to the city clerk for such service. (Code 1984, 12-101)
15-402. CONNECTION MEET REQUIREMENTS. After the application is made and prior to any attachment being made, the sewer service charge and all terms and conditions for connection to the city sewer shall be determined by negotiations between the city and the applicant, the proposed connection to be in such manner as will meet all requirements of the Kansas state board of health and approved by the city governing body. (Code 1984, 12-102)
15-403. APPLICATION APPROVAL. The applications must be approved by the city superintendent prior to any attachment being made, and the city superintendent shall have the right to accept or reject all applications in the best interests of the city. (Code 1984, 12-103)
15-404. APPLICANT SUBJECT TO REGULATIONS AND CHARGES. Upon approval of the application and attachment, the applicant or user shall be subject to all regulations and service charges established by the governing body, and shall be subject to all present and future ordinances of the city, and the city reserves the right to increase the service charge, and shall have the right to disconnect and plug such sewer should the applicant or user fail to pay the service charges when due, or should the applicant or user abuse the privilege granted hereunder. (Code 1984, 12-104)
15-405. SEWER CONNECTIONS REQUIRED. All persons and property owners owning buildings within the city, which buildings are or shall be located near a sewer or in a block within any sewer district in the city through which a sewer extends are required to make such connections with the sewer system as may be necessary in the judgment of the governing body of the city for the protection of the health of the public, for the purpose of disposing of all substances from any such building affecting the public health which may be lawfully and properly disposed of by means of such sewer. (Code 1984, 12-201)
15-406. CITY MAY CONNECT; CONTRACT. Should any person or persons fail, neglect or refuse to so connect any building or buildings with the sewer system of the city as hereinbefore provided, for more than 10 days after being notified in writing by the governing body of the city to do so, then the city may cause such buildings to be connected with the sewer system, or may advertise for bids for the construction and making of such sewer connections, and contract therefor with the lowest responsible bidder or bidders, and may assess the costs and expense thereof against the property and premises so connected in the manner provided by law. (Code 1984, 12-202)
15-407. TEMPORARY FINANCING BY CITY. The city may finance the costs incurred under the provisions of this article until the assessment authorized in section 15-406 of this article is paid out of the city general fund or by the issuance of no-fund warrants. (Code 1984, 12-203)
15-408. MONEY RECEIVED FROM SPECIAL ASSESSMENT. All moneys received from special assessments levied under the provisions of this article shall, when paid, be placed in the general fund of the city. (Code 1984, 12-204)
15-409. SEWER SERVICE CHARGE NECESSARY. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city's treatment works. The proceeds of such charges so derived will be used for the prose of operating, maintaining such public wastewater treatment works. All provisions of this article shall apply to all sewage wastes except as stipulated hereon. (Code 1984, 12-301)
15-410. NATURAL OUTLET. It shall be unlawful for any person to place, deposit or cause to be deposited or placed into any sewer under the jurisdiction of the city any sanitary sewage, industrial waste or other polluted water except in accordance with the provisions of this article. (Code 1984, 12-302)
15-411. DEFINITIONS. The following words and terms as used in this article shall be deemed to mean and be construed as follows, unless the context specifically indicate otherwise:
(a) BOD (denoting five-day biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in Standard Methods, 13th edition, as published by the American Health Association, American Waterworks Association and the Water Pollution Control Federation, expresses in milligrams per liter (mg/1).
(b) Building Drain shall mean that part of the lowest piping of drainage system which receives the discharge from soil, waste, or other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three feet (0.9 meters) outside the building wall.
(c) Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.
(d) City shall mean the City of St. John, Kansas.
(e) Combined Sewer shall mean a sewer receiving both surface runoff and sewage.
(f) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(g) Industrial Waste shall mean the water-borne waste and liquid waste discharged from industrial manufacturing processes as distinct from wastewaters from principally sanitary conveniences. commercial and industrial processes identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended and supplemented, under category "Division D. Manufacturing," shall be considered industrial wastes. Other commercial concerns listed in Classifications A, B, E, and I may be considered industries.
(h) Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(i) Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 200 mg/1 and a suspended solids concentration of not more than 200 mg/1.
(j) Operation and Maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
(k) pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(l) Person shall mean any individual, firm, company, association, society, corporation, or group.
(m) Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than ½ inch (1.27 centimeters) in any dimension.
(n) Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
(o) Replacement shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operation and maintenance includes replacement.
(p) Residential Contributor shall mean any contributor to the city's treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.
(q) SS (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
(r) Sanitary Sewer shall mean a sewer which carriers sewage and to which storm, surface, and groundwaters are not intentionally admitted.
(s) Sewage shall mean any substance that contains any of the waste products or excrementitious or other discharges from the bodies of human beings or animals, or chemical or other wastes from domestic, manufacturing or other forms of industry.
(t) Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.
(u) Sewer shall mean a pipe or conduit for carrying sewage.
(v) Shall is mandatory; May is permissive.
(w) Slug shall mean a discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flows during normal operation.
(x) Treatment Works shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such temporary storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
(y) Useful Life shall mean the estimated period during which a treatment works will be operated.
(z) User Charge shall mean that portion of the total wastewater service charge which is levied in a propositional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works, provided however, that definitions (u), (v) and (w) above shall be construed in such manner as to be consistent with this definition.
(aa) Water Meter shall mean a water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.
(Code 1984, 12-303)
15-412. ROOF, FOUNDATION DRAINS. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters into any sanitary sewer constructed after the effective date of this article. The city may require these discharges to be eliminated from the existing sewerage system. (Code 1984, 12-304)
15-413. STORMWATER DISCHARGES. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Uncontaminated industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet. (Code 1984, 12-305)
15-414. PROHIBITED DISCHARGES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(b) Any waters or wastes containing poisonous solids, liquids, or gases in toxic concentrations, either singly or by interaction with other wastes, to injure or interfere with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in toxic amounts.
(c) Any waters or wastes having corrosive properties capable of causing damage or hazard to structures, equipment, or personnel of the sewerage system.
(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the treatment plant; such as but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(e) Heavy metals from industrial or commercial processes in toxic concentrations.
(Code 1984, 12-306)
15-415. SAME; POSSIBLE EXCEPTIONS. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the city that such wastes can harm either the sewers, sewage treatment process, or equipment, or have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. Informing its opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relating to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).
(b) Any water or waste containing fats wax, grease, or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Centigrade).
(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city.
(d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution whether neutralized or not.
(e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine recrement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city for such materials.
(f) Any wasters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the city as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
(g) The introduction of radioactive wastes into the municipal sewers shall be in accordance with the provisions of Kansas State Board of Health Radiation Protection Regulations or of any special conditions of the licensees Kansas Radioactive Materials License.
(h) Any waters or wastes having a pH in excess of 9.5.
(i) Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium chloride and sodium sulfate).
(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of low or concentration of wastes constituting slugs as defined herein.
(j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(Code 1984, 12-307)
15-416. REVIEW PRIOR TO DISCHARGE. The admission into the sewerage system of any waters or wastes having any of the following shall be subject to review and approval of the city:
(a) A BOD demand of greater than 300 parts by weight;
(b) Containing more than 350 parts by million weight of suspended solids;
(c) Containing any quantity of substances having the characteristics described in section 7; or
(d) Having an average flow greater than two percent of the average sewage flow of the city.
The owner shall provide at his or her own expense such preliminary treatment as may be necessary to:
(a) Reduce the BOD to 300 parts per million by weight;
(b) Reduce or remove objectionable characteristics or constituents to acceptable levels;
(c) Control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information shall be reviewed by the city and the state regulatory agency. The treatment facility shall conform with all local and state requirements and regulations.
If the waste discharge is not amenable to treatment or may have a deleterious effect on the treatment works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may reject the wastes. (Code 1984, 12-308)
15-417. GREASE AND OIL TRAPS. Grease, oil and sand traps shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such traps shall not be required for private living quarters of dwelling units. All traps shall be of a type and capacity approved by the city, and shall be located so as to be readily and easily accessible for cleaning and inspection. (Code 1984, 12-309)
15-418. PRELIMINARY TREATMENT FACILITIES. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. (Code 1984, 12-310)
15-419. MANHOLE REQUIRED. When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meets and other appurtenances in the building sewer to facilitate observation, sampling, measurement, and removal of the wastes in conformance with city requirements. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times. (Code 1984, 12-311)
15-420. MEASUREMENTS AND TESTS. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with Standard Methods, or alternate methods approved by the Kansas State Department of Health, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls whereas pH's are determined from periodic grab samples.)
Sample testing by the city or by an authorized testing laboratory for the purpose of determining sewer service charges or validating industrial testing procedures shall be paid for by the subject industry. (Code 1984, 12-312)
15-421. SPECIAL AGREEMENTS. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual volume, strength or character may be accepted for treatment by the city, subject to payment therefor by the industrial concern. (Code 1984, 12-313)
15-422. CERTAIN DEFINITIONS. (a)Domestic Contributor. For purposes of this article a domestic contributor shall be contributor whose discharge consists primarily of wastes from sanitary conveniences.
(b) Dwelling Units. For purposes of this section, a dwelling unit shall be any building or portion of a building occupied as a residence. Apartments, trailers, any and all other types of dwelling units shall be considered a domestic contributor and charged the same rate or multiple thereof if applicable (i.e. apartment buildings). Commercial establishments or institutions shall be considered a non-industrial contributor.
(c) Industrial Wastes. If industrial wastes as defined in section 15-411 of this article, are discharged to the municipal collection systems and differ in quality or quantity from normal domestic sewage, an industrial waste charge will be assessed in accordance with the industrial waste charge formula. The industrial discharge shall not cause overloading of the sewage collection, treatment or disposal facilities and prior to approval to discharge, the city and the industry or authorized representative shall enter into a written agreement which provides that the discharger pay an industrial waste charge.
The agreement entered into pursuant to the industrial waste discharge shall include but not be limited to:
(a) Amortization of applicable capital outlay for collection and treatment of the waste.
(b) Amortization will be completed in a 20 year period and shall include appropriate debt service costs and administrative expenses.
(c) Operation and maintenance costs shall include but not be limited to salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance overhead and office expense.
(d) The agreement shall specify the maximum amount in terms of quantity and quality of the allowable discharge. Violation of these shall be considered a violation of this article.
(e) The industrial agreements shall be reviewed at least annually and the review shall include an examination of all conditions of the agreement and verification that these conditions are being met.
(Code 1984, 12-314)
15-423. USER CHARGE SYSTEM. (a) The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement costs associated with financing the treatment works which the city may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this article.
(b) That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in (d) through (i), shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:
(1) An account designated for the specific purpose of defraying operation any maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
(2) An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made monthly from the operation, maintenance and replacement revenue in the amount of $1,404 annually.
(3) Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.
(Actual Use Rate Structure)
(d) Each user shall pay for the services provided by the city based on the use of the treatment works as determined by water meters acceptable to the city.
(e) For residential, commercial and industrial contributors, monthly user charges will be based on average monthly water usage during the months of January, February and March. If a contributor has not established a January, February and March average, of if the contributor is not connected to the metered city water system the monthly charge shall be the median charge for all other residential, for residential customers, or commercial and industrial, for commercial and industrial customers, contributors.
(f) The charges per month for residential, commercial, and industrial contributors shall be $1 per 1,000 gallons as determined in subsection (r).
(g) (Refer to Appendix A of Ordinance 774 for the methodology to be used in calculating user charge rates and surcharges.
For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and including replacement is:
$0.0699306 per pound BOD
$0.0699306 per pound SS
(1) Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the city council.
(i) The user charge rates established in this article apply to all users of the city's treatment works.
(j) All users shall be billed monthly. Billings for any particular month shall be made within 30 days after the end of that month. Payments are due when the billings are made.
(k) The city shall review the sewer charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
(l) The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.
(Code 1984, 12-315; Ord. 867)
15-424. AUTHORITY TO DISCONNECT SERVICE. The city may terminate water and wastewater disposal service and disconnect an industrial customer from the system when:
(a) Acids or chemicals damaging to sewer lines or treatment process are released to the sewer, causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater;
(b) An appropriate state or federal agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment;
(c) The industrial customer:
(1) Discharges industrial waste or wastewater that is in violation of the agreement tendered between the city and the industry.
(2) Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;
(3) Fails to pay monthly bills for water and sanitary sewer services when due;
(4) Repeats a discharge of prohibited wastes to public sewers.
(d) If service is disconnected pursuant to subsection (b) of this section, the city shall
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information;
(3) Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his or her industrial wastes.
(Code 1984, 12-316)
15-425. NOTICE. The city shall serve persons discharged in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance. (Code 1984, 12-317)
15-426. CONTINUING PROHIBITED DISCHARGES. No person may continue discharging in violation of this article beyond the time limit provided in the notice. (Code 1984, 12-318)
15-427. PENALTY. (a) The owner of any industrial establishment violating any provisions of this article beyond the time limit provided in section 15-425, shall be guilty of a code violation and upon conviction shall be fined not less than $50 nor more than $5,000 for each offense, at the discretion of the court, and every such person shall be deemed guilty of a separate offense for every day on which such violation shall continue.
(b) In addition to proceeding under authority of subsection (a) of this section the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(Code 1984, 12-319)
15-428. INSPECTIONS. (a) Entrance and Inspection. Duly authorized representatives of the approving authority, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The approving authority and its authorized representatives shall have no authority to inquire into any industrial processes beyond that point having a direct bearing on the kind or source of discharge to these waters or waterways or facilities for waste treatment.
(b) Safety. While performing the necessary work on private properties referred to in section 15-427, the approving authority, and its duly authorized representatives shall observe all safety rules applicable to the premises established by the company and the company shall be held blameless for injury or death to the authorized representatives and the approving authority shall indemnify the company against loss or damage to its property by employees of the approving authority and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions.
(Code 1984, 12-320)
15-429. COLLECTION; LIENS. In the event any person, firm, corporation, political unit (except the United States of America and the State of Kansas) or organization living or operating on premises connected to the sanitary sewer of this city, shall neglect, fail or refuse to pay the service charges fixed by this article, such charges shall constitute a lien upon the real estate served by the connection to the sewer, and shall be certified to the city clerk to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible. (Code 1984, 12-321)
15-430. DISCONTINUANCE OF SERVICE. It is hereby provided that in the event the service charges provided are not paid as specified, the city clerk, for and on behalf of the governing body of the city, shall issue necessary orders to discontinue water service to the premises being provided by the city at such time, and the service shall not be reinstated until the service charges have been paid together with a charge of $3 for the reconnection of the service. (Code 1984, 12-322)
15-431. COSTS. Appendices A & B present the methodology to be used in calculating user charge rates and surcharges and illustrate the calculations following in arriving at the first year's user charges and surcharges. The unit cost established therein are based on estimates of expense and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the unit costs must be re-established whenever necessary to reflect actual expenses and loadings. Once the system is in use, the expenses and loadings can be determined from operating records and the unit costs can be adjusted based on these figures by the governing body by resolution. Although Appendices A & B are incorporated herein by reference, it is the intent of the governing body that the calculations shown therein may be changed by resolution and not by ordinance. The methodology represented in Appendices A & B shall not be changed except by ordinance. (Code 1984, 12-323)
15-432. UNLAWFUL DEPOSITS. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Code 1984, 12-324)
15-433. It shall be unlawful to discharge to any nature outlet within the city or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. (Code 1984, 12-325)
15-434. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Code 1984, 12-326)
15-435. The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer in the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line. (Code 1984, 12-327)
15-436. Where a sanitary or combined sewer is not available under the provisions of section 15-435, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Code 1984, 12-328)
15-437. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the city clerk. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the city clerk. A permit and inspection fee of $10 shall be paid to the city at the time the application is filed. (Code 1984, 12-329)
15-438. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the superintendent. (Code 1984, 12-330)
15-439. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet (square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Code 1984, 12-331)
15-440. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 12-439, a direct connection shall be made to the public sewer in compliance with this section, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Code 1984, 12-332)
15-441. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Code 1984, 12-333)
15-442. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Stafford County Health Officer. (Code 1984, 12-334)
15-443. When a public sewer becomes available, the building sewer shall be connected to the sewer within 120 days and the private sewage disposal system shall be cleaned of sludge and filled with clean backrun gravel or dirt. (Code 1984, 12-335)
15-444. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city clerk. (Code 1984, 12-336)
15-445. There shall be two classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $10 for a residential or commercial building sewer permit and $10 for an industrial building sewer permit shall be paid to the city at the time the application is filed. (Code 1984, 12-337)
15-446. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Code 1984, 12-338)
15-447. 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. (Code 1984, 12-339)
15-448. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent to meet all requirements of this section. (Code 1984, 12-340)
15-449. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joint, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. (Code 1984, 12-341)
15-450. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Code 1984, 12-342)
15-451. No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Code 1984, 12-343)
15-452. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in the appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Code 1984, 12-344)
15-453. The application for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his or her representative. (Code 1984, 12-345)
15-454. All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Code 1984, 12-346)
15-455. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics which may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:
(a) Reject the wastes;
(b) Requirement pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Requirement payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this section.
If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances and laws. (Code 1984, 12-347)
15-456. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Code 1984, 12-348)
14-457. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section. The superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Code 1984, 12-349)
ARTICLE 5. SOLID WASTE
15-501. TITLE. This article shall be known and may be cited as the Solid Waste Code of St. John, Kansas. (Code 1984, 11-201)
15-502. DEFINITIONS. For the purpose of this code, the following terms shall have the following meanings:
(a) Commercial Establishment means stores, restaurants, industries, institutions and other similar places, public or private, charitable or non-charitable, and include shall responsible persons other than householders upon the premises of which solid waste is created.
(b) Commercial Receptacle means a container for the storage of solid waste by commercial establishments of such size and capacity as shall be approved by the Stafford County Director of Public Works.
(c) Domestic Receptacle means a container for the storage of solid waste by a single family unit or multi-family unit with a capacity of not less than 20 gallons nor more than 32 gallons constructed of substantial, leakproof material, weighing no more than 20 pounds empty, with a tight fitting lid or cover.
(d) Family means one or more individuals living as a single housekeeping unit.
(e) Multi-Family Unit means a building having accommodations for and occupied as a dwelling by two or more families, including but not limited to apartment houses, rooming houses, motels and hotels.
(f) Person means individual, partnership, corporation, institution, political subdivision or state agency.
(g) Single Family Unit means detached building having accommodations for and occupied by one family.
(h) Solid Waste means garbage, refuse and other discarded material including but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural and domestic activities.
(Code 1984, 11-202)
15-503. PROHIBITED ACTS. The following are deemed unlawful acts:
(a) The burying of solid waste within the corporate limits of the city. The burning of solid waste within the corporate limits of the city except as hereinafter provided by section 15-509.
(b) The accumulation or storage of solid waste in other than domestic receptacles or commercial receptacles for the purpose of municipal or private collection; provided however, that lawn or garden trimmings may be composted.
(c) Depositing upon public property solid waste unless in a manner authorized by the governing body.
(d) Depositing upon private property solid waste in any manner without the permission of the owner.
(e) The collection or hauling of solid waste for the benefit of a family other than the family of the person so collecting and/or hauling without authorization of the governing body.
(f) The failure to keep private property free from accumulations of solid waste.
(g) The transportation of solid waste in other than receptacles or in other than a suitable compartment in a vehicle, both of which are leakproof and equipped with a cover in use so as to eliminate leakage or littering.
(Code 1984, 11-203)
15-504. RECEPTACLES. Every family shall maintain in good repair a sufficient number of domestic receptacles to store between collections the solid waste accumulated by it. Every commercial establishment shall maintain in good repair a sufficient number of commercial receptacles to store between collections the solid waste accumulated by it. Receptacles shall be maintained in a clean and sanitary condition. (Code 1984, 11-204)
15-505. PLACEMENT OF RECEPTACLES. Receptacles from which solid waste is to be removed and collected by an authorized collector shall be placed in plain view, in an accessible location along the published route of the collector and in such position that they may be easily reached by the collector without going upon or in private property. (Code 1984, 11-205)
15-506. INDIVIDUAL DISPOSAL OF SOLID WASTE. No person shall be prohibited by this article from removing solid waste from premises under his or her control without the authorization of the governing body provided such removal is done in compliance with this article. (Code 1984, 11-206)
15-507. AUTHORIZATION FOR COMMERCIAL COLLECTION OF SOLID WASTE. In order to insure uniform standards of collection and fees throughout Stafford County, Kansas, the governing body of the city shall grant to one or more persons authorization to commercially collect solid waste by contract when such persons have obtained the written approval of the Stafford County director of public works. (Code 1984, 11-207)
15-508. COLLECTION OF FEES. The governing body may from time to time direct the city clerk to provide assistance to the Stafford County director of public works in the billing and collection of fees for solid waste collection. (Code 1984, 11-208)
15-509. BURNING. The burning of combustible solid waste within the city limits of the city is hereby authorized under the following terms and conditions:
(a) The governing body of the city may from time to time establish periods for the burning of combustible solid waste within the city limits of the city, by mayor’s proclamation for the purpose of facilitating such community projects as clean up weeks and other similar projects and for the general purpose of enhancing the appearance of the city.
(b) The city clerk is hereby authorized to issue a license to individuals for the burning of combustible solid waste within the city. The fee for the issuance of such license shall be $5. Any person wishing to obtain such license shall make application to the city clerk on a form provided by him or her which shall describe with particularity the name of the person wishing to burn combustible solid waste, the type of combustible solid waste to be burned, the time and place of such burning and the person who shall be in charge of supervising such burning.
(c) Upon receipt of such application and application fee in the amount specified above, the city clerk shall issue a license for the burning of combustible solid waste within the city upon a form provided by the city clerk which shall specify with particularity the time of such burning, the place of such burning, the nature of the combustible solid waste that may be burned and the name of the person who shall supervise such burning.
(d) The fire chief of the city, shall specify areas of the city in which the burning of combustible solid waste may occur and areas of the city in which the burning of combustible solid waste shall not be allowed under any circumstances.
(e) If at any time it shall be necessary for the city fire department to be called to the location of the burning of such combustible solid waste which is being burned under the provisions of the aforementioned license, the applicant shall be responsible for the total cost to the city of such fire run.
(f) All burning of combustible solid waste under the provisions of the license aforementioned shall be done in accordance with sections (c), (d), (e) and (f) of section 12-205 of this code.
(Code 1984, 11-212)
15-510. COLLECTION. All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste. (Ord. 863; Code 1999)
15-511. DUTY OF OWNER, OCCUPANT. The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or any other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard. (Ord. 863, Code 1999)
15-512. CONTAINERS. Residential containers shall have a capacity of not more than 30 gallons. They shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. If plastic bags are utilized they can be placed out no more than 12 hours prior to scheduled trash pickup. All garbage shall be drained of all liquids before being placed in bags or containers. (Ord. 863; Code 1999)
15-513. BULK CONTAINERS. On premises where excessive amounts of refuse accumulates or where cans or bags are impractical bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leakproof and weather proof construction. (Ord. 863; Code 1999)
15-514. ENTER PRIVATE PREMISES. Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article. (Ord. 863; Code 1999)
15-515. OWNERSHIP OF SOLID WASTE. Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city. (Ord. 863; Code 1999)
15-516. WRAPPING GARBAGE. All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers. (Ord. 863; Code 1999)
15-517. HEAVY, BULKY WASTE. Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same. (Ord. 863; Code 1999)
15-518. HAZARDOUS MATERIALS. No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:
(a) Explosive materials;
(b) Rags or other waste soaked in volatile and flammable materials;
(c) Chemicals;
(d) Poisons;
(e) Radio-active materials;
(f) Highly combustible materials;
(g) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;
(h) Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.
(Ord. 863; Code 1999)
15-519. OBJECTIONABLE WASTE. Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article. (Ord. 863; Code 1999)
15-520. UNAUTHORIZED DISPOSAL. No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment. (Ord. 863; Code 1999)
ARTICLE 6. WATER CONSERVATION
15-601. PURPOSE. The purpose of this article is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared. (Ord. 874, Sec. 1; Code 1999)
15-602. DEFINITIONS. (a) Water shall mean water available to the city for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale by any coin-operated site.
(b) Customer shall mean the customer of record using water for any purpose from the city's water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
(c) Waste of Water includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.
(d) The following classes of uses of water are established:
Class 1: Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational area; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
Class 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.
Class 3: Domestic usage, other than that which would be included in either classes 1 or 2.
Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.
(Ord. 874, Sec. 2; Code 1999)
15-603. DECLARATION OF A WATER WATCH. Whenever the governing body of the city finds that an conditions indicate that the probably of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such an watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper. (Ord. 874, Sec. 3; Code 1991)
15-604. DECLARATION OF WATER WARNING. Whenever the governing body of the city finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that will recommend restrictions on nonessential uses during the period of the warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. (Ord. 874, Sec. 4; Code 1999)
15-605. DECLARATION OF WATER EMERGENCY. Whenever the governing body of the city finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end if a water supply emergency shall be effective upon their publication in the official city newspaper. (Ord. 874, Sec. 5; Code 1999)
15-606. VOLUNTARY CONSERVATION MEASURES. Upon the declaration of a water watch or water warning as provided in sections 15-603:604, the mayor is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:
(a) Sprinkling of water on lawns, shrubs or trees.
(b) Washing of automobiles.
(c) Use of water in swimming pools, fountains and evaporative air conditioning systems.
(d) Waste of water.
(Ord. 874, Sec. 6; Code 1999)
15-607. MANDATORY CONSERVATION MEASURES. Upon the declaration of a water supply emergency as provided in section 15-605, the mayor is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
(a) Suspension of new connections to the city's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective date of the declaration of the emergency;
(b) Restrictions on the uses of water in one or more classes of water use, wholly or in part;
(c) Restrictions on the sales of water at coin-operated facilities or sites;
(d) The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
(e) Complete or partial bans on the waste of water; and
(f) Any combination of the foregoing measures.
(Ord. 874, Sec. 7; Code 1999)
15-608. EMERGENCY WATER RATES. Upon the declaration of a water supply emergency as provided in section 15-605, the governing body of the city shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:
(a) Higher charges for increasing usage per unit of the use (increasing block rates);
(b) Uniform charges for water usage per unit of use (uniform unit rate); or
(c) Extra charges in excess of a specified level of water use (excess demand surcharge).
(Ord. 874, Sec. 8; Code 1999)
15-609. REGULATIONS. During the effective period of any water supply emergency as provided for in section 15-605, the mayor is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting. (Ord. 874, Sec. 9; Code 1999)
15-610. VIOLATIONS, DISCONNECTIONS AND PENALTIES. (a) If the mayor, city superintendent, or other city official or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to sections 15-607 or 15-609, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the city who is responsible for the violation or its correction shall be provided with either actual or mailed notice. The notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the city may terminate water service to the customer subject to the following procedures:
(1) The city shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city governing body or a city official designated as a hearing officer by the governing body.
(2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(3) The governing body or hearing official shall make findings of fact and order whether service should continue or be terminated.
(b) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second violation and $300 for any additional violations.
(c) Violation of this article shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this article shall be guilty of a municipal offense. Each day's violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100. The penalty for a second conviction shall be a mandatory fine of $200. The penalty for a third or subsequent conviction shall be a mandatory fine of $500.
(Ord. 874, Sec. 10; Code 1999)
15-611. EMERGENCY TERMINATION. Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public. (Ord. 874, Sec. 11; Code 1999)
15-612. SEVERABILITY. If any provision of this article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and its applicability to other persons and circumstances shall not be affected thereby. (Ord. 874, Sec. 12; Code 1999)
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