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

(a)   B.O.D. (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.

(b)   Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the interface of the building wall.

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

(d)   Combined Sewers shall mean sewers receiving both surface runoff and sewage.

(e)   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.

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

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

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

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

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

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

(l)    Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.

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

(n)   Sewage Works or Sewer System shall mean all facilities for collecting, pumping, treating and disposing of sewage.

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

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

(q)   Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(r)    Superintendent shall mean the superintendent of sewage works and/or of water pollution control of the city, or his or her authorized deputy, agent or representative.

(s)   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.

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

(Ord. 654; Ord. 661; Code 1987)

The owner of all houses, mobile homes, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article and all other applicable rules and regulations of the city, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.

(Ord. 654; Code 1987)

Back flow device is required for sewer, basement drains or other areas that back flow may occur.

(Code 2003)

(a)   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 superintendent.

(b)   There shall be two classes of building sewer permits:

(1)   for residential and commercial service, and

(2)   for service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make an 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.

(c)   A permit and inspection fee of $10 for a residential or commercial building sewer permit and $25 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 654; Ord. 661; Code 1987)

Any person desiring to make a connection to the city sewer system shall apply in writing to the city clerk who shall forward the application to the utility superintendent. The application shall contain:

(a)   The legal description of the property to be connected;

(b)   The name and address of the owner or owners of the property;

(c)   The kind of property to be connected (residential, commercial or industrial);

(d)   The point of proposed connection to the city sewer line.

(Code 1987)

(a)   The fee for each connection to the municipal sewer system shall be $2,500.00 payable to the city prior to the issuance of the permit. No permit required by this Article shall be issued until the connection fee has been paid in full.

(b)   The costs for the connection to the municipal sewer system, including any costs incurred by city for the connection, shall be borne by the applicant. The city’s costs may include, without limitation, the equipment, material, and labor costs associated with trenching from the main to the property line, installing the pipe, tapping the main, and backfilling the trench.

(c)   If there is no main or distributing line to which a connection can be made, the requirements and conditions established by the utility superintendent in regard to extensions must be agreed to and accepted by the applicant before the permit is issued. The utility superintendent shall determine the size of all pipe to be used for service connections and extensions as well as the type of pipe to be used and the depth in the ground it is to be placed. The application and its acceptance shall constitute a contract between the applicant and the city for the installation of the connection.

(Ord. 661; Code 1987; Ord. 831)

(a)   The superintendent shall assist the person desiring to connect to the sanitary sewer system in locating an existing wye or riser pipe. Where wyes are not available, the installation of a new wye fitting shall be properly made to the sewer line by boring, drilling and cutting for a new wye fitting. No chipping or breaking will be allowed. No pipe material, bedding rock or earth will be dropped or pushed into the sewer line during the installation of a wye fitting. The ABS, PVC or clay wye branch shall be properly installed in accordance with the manufacturer’s specifications and shall be inspected by the superintendent prior to riser pipe or service pipe connection to the wye fitting. The wye branch or fitting shall withstand the same infiltration and exfiltration test as that given the sanitary sewer pipe.

(b)   All connections into the municipal sanitary sewer system shall be completed within 180 days of the issuance date of the permit to connect.

(Ord. 661; Ord. 662; Code 1987)

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. No underground portion shall be covered until the materials, construction and connection has been inspected by the superintendent or his or her authorized representative. The inspection is a mandatory prerequisite, and no sewer may be used until approval is granted.

(Ord. 654; Ord. 661; Ord. 662; Code 1987)

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 654; Code 1987)

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which the building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by approved means and discharged to the building sewer.

(Ord. 654; Code 1987)

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

(Code 1987)

All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C 12-19, except that no backfill shall be placed until the work has been inspected and approved.

(Code 1987)

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

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

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

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

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

(Code 1987)

All excavations for buildings 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 during the course of the work shall be restored in a manner satisfactory to the city.

(Ord. 654; Code 1987)

(a)   If any person as defined in section 1-102 shall fail, neglect or refuse to connect any dwelling or building with the sewer system for more than 10 days after being notified in writing by the governing body to do so, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b)   The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants.

(Ord. 661; Code 1987)

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

(Ord. 654; Code 1987)

Where a public sanitary sewer is not available under the provisions of section 15-302 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-315 to 15-319.

(Ord. 654; Code 1987)

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city inspector. The application shall be made on a form furnished by the city accompanied by any plans, specifications or other information deemed necessary. by the city inspector. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed.

(Ord. 654; Code 2003)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city inspector. The city inspector shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the city inspector.

(Ord. 654; Code 2003)

(a)   The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations and requirements of the Water Pollution Control Section of the Kansas State Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

(b)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-302, a direct connection shall be made to the public sewer within 60 days in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable and acceptable materials.

(Ord. 654; Code 1987)

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

(Ord. 654; Code 1987)

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

(Ord. 654; Code 1987)

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

(K.S.A. 12-1617e; 12-16179; Ord. 654; Code 1987)

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

(Ord. 654; Code 1987)

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

(Ord. 654; Code 1987))

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes 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 A.S.T.M. and W.P.C.F. “Manual of Practice No. 9” shall apply.

(Ord. 654; Code 1987).

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

(Ord. 654; Code 1987)

Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and shall be located so as to be readily and easily accessible for cleaning and inspection.

(Ord. 654; Code 1987)

It shall be unlawful to connect roof downspouts, 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.

(Ord. 654; Code 1987)

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

(Code 1987)

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent, to a storm sewer, combined sewer or a natural outlet.

(Ord. 654; Code 1987)

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 toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage plant, including but not limited to cyanides in excess of the two mg/1 as CN in the wastes as discharged in the public sewer.

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

(d)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, 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)   Any waters or wastes having:

(1)   A five-day BOD greater than 300 parts per million by weight;

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

(3)   Having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the superintendent.

Where necessary in the opinion of the superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:

(1)   Reduce the biochemical oxygen demand to 300 parts per million by weight,

(2)   Reduce the suspended solids to 350 parts per million by weight; or

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

Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent. No construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 654; Code 1987)

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 superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such facts as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent facts. The substances prohibited are:

(a)   Any liquid or vapor having a temperature higher than 150°F (65°C).

(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°F (0° and 65°C).

(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 superintendent.

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

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

(f)   Any water or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

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

(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, or sodium sulfate).

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

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

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

(j)    Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(Ord. 654; Code 1987)

(a)   If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 15-332 of this article, and which in the judgment of the superintendent 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:

(1)   Reject the wastes,

(2)   Require pretreatment to an acceptable condition for discharge to the public sewers,

(3)   Require control over the quantities and rates of discharge, and/or

(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 15-340 of this article.

(b)   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.

(Ord. 654; Code 1987)

The sewer service charges for each month or fractional month shall be as follows:

(a)   For each single family dwelling or other residential unit used and occupied as a residence and having a sewer connection with the municipal sanitary sewer system, the rate shall be $27.00 per month.

(b)   For commercial and light commercial users including, but not limited to, restaurants, cafes, filling stations, garages, and any other users in the business of furnishing goods or services, the rate shall be $29.03 per month.

(c)   For apartment buildings, the rate shall be $226.67 per month.

(d)   For the Perry-Lecompton School District the rate shall be $367.73 per month.

(e)   For each occupied mobile home lot in the Lecompton Mobile Home Park (including any successors or assigns of the Lecompton Mobile Home Park), the rate shall be $27.00 per month. A mobile home lot shall be deemed occupied for purposes of this section if the mobile home lot is occupied or used at any point or for any duration during the given month.

(Ord. 793; Code 2003; Ord. 834)

The monthly sewer service charges shall become payable on or before the 10th day of each month for which such charge is made and shall be billed as part of the utility services rendered by the city. For any bill not paid when due a late charge of 10% will be added to the bill.

(Ord. 661; Code 1987)

(a)   In the event any person, except the United States and the State of Kansas or any political subdivision thereof, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-102:104.

(b)   In lieu of terminating water service, the governing body may elect to assess such delinquent charges as a lien upon the real estate serviced as provided in section 15-106, and the city clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in like manner as other taxes are collected, provided however, that the contracting party for service was the property owner and not a tenant.

(Ord. 661; Code 1987; K.S.A. 12-808c(b); Ord. 804)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

(Ord. 654; Code 1987)

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

(Ord. 654; Code 1987)

All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken from 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 composites of all outfalls whereas PH’s are determined from periodic grab samples.)

(Ord. 654; Code 1987)

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

(Ord. 654; Code 1987)

The superintendent and 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 article. 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.

(Ord. 654; Code 1987)

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

(Ord. 654; Code 1987)

While performing necessary work on private properties, the superintendent or authorized employees of the city shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by the city and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-338.

(Ord. 654; Code 1987)