CHAPTER 15. UTILITIESCHAPTER 15. UTILITIES\Article 4. Sewer Regulations

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

BOD: The term “BOD” (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) C expressed in milligrams per liter.

BUILDING DRAIN: The term “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 (5’) outside the inner face of the building wall.

BUILDING SEWER: The term “Building Sewer” shall mean the extension from the building drain to the public sewer or another place of disposal.

COMBINED SEWER: The term “Combined Sewer” shall mean a sewer receiving both surface runoff and sewage. Combined sewers will not be permitted.

GARBAGE: The term “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.

INDUSTRIAL WASTES: The term “Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

NATURAL OUTLET: The term “Natural Outlet” shall mean any outlet into a water­ course, pond, ditch, lake or other body of surface or groundwater.

OPERATION AND MAINTENANCE: The term “Operation and Maintenance” shall mean all expenditures during the useful life of the sewage 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.

pH: The term “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE: The term “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking and dispensing of food that has 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 (½”) in any dimension.

PUBLIC SEWER: The term “Public Sewer” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

REPLACEMENT: The term “Replacement” shall mean expenditure for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewage works to maintain the capacity and performance for which such works were designed and constructed. The term “Operation and Maintenance” ordinarily includes replacement, unless the context of any section or subsection specifically calls for the contrary.

SANITARY SEWER: The term “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

SEWAGE: The term “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.

SEWAGE TREATMENT PLANT: The term “Sewage Treatment Plant” shall mean any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS: The term “Sewage Works” shall mean all facilities for collecting, pumping, treating and disposing of sewage.

SEWER: The term “Sewer” shall mean a pipe or conduit for carrying sewage.

SHALL: The term “Shall” is mandatory; “May” is permissive.

SLUG: The term “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 fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.

STORM SEWER: The term “Storm Sewer” shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUPERINTENDENT: The term “Superintendent” shall mean the Superintendent of Sewage Works of the City, or his authorized deputy, agent or representative.

SUSPENDED SOLIDS: The term “Suspended Solids “shall mean solids that either float on the, surface of, or in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

WATER COURSE: The term “Water course” shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(Code 1961, 8-4-1; Ord. 2015; Code 2023)

(a)   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 an y area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

(b)   It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(c)   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. However, an except ion should be made that a properly constructed septic tank will be permitted under unusual circumstances unless such should not be used because of sanitation or other reasons.

(d)   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City limits and abutment 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 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 sixty (60) days after date of official notice to do so, provided that said public sewer is within three hundred feet (300’) of the property line and within a sewer district. (See paragraph (c) above).

(Code 1961, 8-4-2; Ord. 2015; Code 2023)

(a)   Where a public sanitary sewer is not available under the provisions of Section 15-402(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (See paragraph (b) of this Section).

(b)   Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Clerk and Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any applications, and other information as deemed necessary by the Superintendent. A permit fee of thirty-five dollars ($35.00) shall be paid to the City at the time the application is filed.

(c)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He 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 twenty-four (24) hours of the receipt of notice by the Superintendent. (See Section 15-402(c))

(d)   The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Kansas State Department of Health, Environmental Health Services. 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 twenty thousand square feet (20,000 sq. ft.). No septic tank or cesspool shall be permitted to discharge to any natural outlet. (See Section 15-402(c))

(e)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 15-402(d), a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (See Section 15-402(d))

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

(g)   No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

(h)   When a public sewer becomes available, the building sewer shall be connected to said sewer with in sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank run gravel or dirt.

(Code 1961, 8-4-3; Code 2023)

(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 (2) 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 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 five hundred dollars ($500) for a residential or commercial building sewer permit and five hundred dollars ($500) for an industrial building sewer permit shall be paid to the City at the time the application is filed, unless the land to be developed has been or is in a sewer district and has paid or is paying an assessment for a sanitary sewer then the permit application is thirty-five dollars ($35.00).

(c)   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.

(d)   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. All trailers within authorized areas must have separate, independent sewer connections.

(e)   Old building sewers may be used in connection with new building’s only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.

(f)   The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, 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.

(g)   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. The use of any pumping equipment is prohibited for which cross connections with a public water supply system are required.

(h)   No person shall make connection of 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 connect directly or indirectly to a public sanitary sewer.

(i)    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. 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.

(j)    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. The connection shall be made by the Superintendent or his representative.

(k)   All excavations 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 1961, 8-4-4; Code 2023)

(a)   No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(b)   Storm water and all other unpolluted drainage shall be discharged to 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 or natural outlet.

(c)   No persons shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(2)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.

(3)   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.

(4)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk container s, etc. either whole or ground by garbage grinders.

(d)   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 opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(1)   Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) F (65°) C.

(2)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees (32°) and one hundred fifty degrees (150°) F (0 and 65° C).

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three­fourths (3/4) horse power or greater shall be subject to the review and approval of the Superintendent.

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

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

(6)   Any waters 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, of retreatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

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

(8)   Materials which exert or cause:

(A)  Unusual concentrations of inert suspended sol ids (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 sulfate).

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

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

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

(9)   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.

(e)   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 paragraph (d), 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 or 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 paragraph (j).

       The admission into the public sewers of any waters or wastes having a 5-day biochemical oxygen (BOD) (A) greater than one hundred eighty (180) parts per million by weight, or (B) containing more than one hundred eighty (180) per million by weight of suspended solids, or (C) containing any quantity of substance having the characteristics described in paragraph (e), or (D) having an average daily flow of the City, shall be subject to the review and approval of the Superintendent. The owner shall provide, at his expense, such preliminary treatment as may be necessary to (A) reduce the biochemical oxygen demand to one hundred eighty (180) parts per million by weight, or (B) reduce objectionable characteristics or constituents to within the maximum limits provided for in paragraph (c), or (C) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relative to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and of the Kansas State Department of Health, Environmental Health Services, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(f)   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.

(g)   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 expense.

(h)   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. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (See Section 15-403(c))

(i)    All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control man hole shall be considered to be the nearest downstream man hole 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 twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH’s are determined from periodic grab samples.

(j)    No statement contained in this Section 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 therefor, by the industrial concern, provided the municipal waste treatment facilities are of sufficient capacity to adequately treat the wastes.

(Code 1961, 8-4-5; Code 2023)

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Code 1961, 8-4-6; Code 2023)

(a)   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 article. The Superintendent or his 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 water ways or facilities for waste treatment.

(b)   While performing the necessary work on private properties referred to in paragraph (a) above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees.

(c)   The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works.

(Code 1961, 8-4-7; Code 2023)

Any person found to be violating any provision of this article except Section 15-406 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

Any person who shall continue any violation beyond the time limit provided for in the above paragraph shall be guilty of a misdemeanor, and on conviction thereof shal1 be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

Any person violating any of the provisions of this article hall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

(Code 1961, 8-4-8; Ord. 2015; Code 2023)

(a)   Flexible compression-type coupling commonly referred to as PVC shall be used exclusively throughout the construction project. Field unions of the same type shall be used to rejoin pipe that has been cut in the field. All couplings used shall meet the American Society for Testing Materials Specification No. C-425-66T shall meet specifications for A.S.T.M. designation C-1365T.

(b)   Sewer pipe shall be Standard Strength Ceramic Glazed Pipe (SDR 35 or better) and shall meet specifications for A.S.T.M. designation C-1365T.

(c)   All manhole covers shall have a minimum of twenty-one inches (21”) clear opening and are to be heavy duty of approximate weight four hundred fifty (450) pounds. Manhole details are to be followed as found on pages 110, 111, and 112 of Cloy Pipe Engineering Manual (Revised 1968).

(d)   A six-inch (6”) cushion of sand or small crushed stone shall be placed under the tile. After the tile is in place, this same material shall be placed around and to a depth of six inches (611) over the tile and com­pacted as it is being placed.

(e)   Backfilling shall begin as soon as possible after the tile is placed. Selected materials shall be used in backfilling the next eighteen inches (18”) on top of the sand or crushed stone and all large rocks, tree roots and foreign matter shall be extracted.

(f)   A lamp test shall be made on the pipe in place and the whole light must be directly visible.

(g)   A minimum horizontal distance of ten feet (10’) shall be maintained between parallel water and sewer lines. At points where sewers cross water mains, the sewer shall be constructed of cast iron pipe for a distance of ten feet (10’) in each direction.

(h)   The completed project must be left in a neat and acceptable condition with, excess material being disposed of as directed by the City Manager and as finally accepted by the City Manager and/or the City Commission.

(i)    Related specifications shall be as found in “Clay Pipe Engineering annual” (Revised 1968) and American Society for Testing Materials, designation C 12-64 all interpreted by the City Manager. All interpretations made by the City Manager shall be final.

(Code 1961, 8-4-9; Ord. 2239; Code 2023)