CHAPTER XVII. UTILITIESCHAPTER XVII. UTILITIES\ARTICLE 4. SEWERS

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

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

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

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

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

(e)   Individual Domestic means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the waste water facilities of the city and on individual city or private water service meter, or connection to any such water service.

(f)    Industrial means any industrial business engaged in the manufacturing or processing of one or more products, and in which waste waters are produced from such manufacturing or processing and said waste waters are discharged directly or indirectly to the waste water facilities of the city.

(g)   Multi-domestic means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the waste water facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.

(h)   Superintendent shall mean the superintendent of waste water of the city or his authorized deputy, agent or representative.

(i)    Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.

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

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

(l)    Combined Sewers shall mean sewers receiving both surface runoff and sewage, are not permitted.

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

(n)   Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

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

(p)   Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(q)   User means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing waste water requiring processing and treatment to remove pollutants and having premises connected to the waste water facilities.

(r)    Waste water means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies.

(s)   Normal Waste Water. The strength of normal waste water shall be considered within the following ranges:

(1)   A five day biochemical oxygen demand of 300 milligrams per liter or less;

(2)   A suspended solid concentration of 350 milligrams or less;

(3)   pH concentration of 5.0 to 9.0.

(Code 1988)

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 10 days after date of official notice to do so, provided that said public sewer is within 250 feet of the property line.

(Ord. 1782, Code 1988; Code 2016)

No 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.

(Code 1983)

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 waste water 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 1988)

There shall be two classes of building sewer permits, for residential and commercial service, and 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 city. A permit and inspection fee as set by resolution of the governing body for a residential or commercial building sewer permit or for an industrial building sewer permit shall be paid to the city treasurer at the time the application is filed. Following a review of the application, the city inspector, if he or she finds everything in order, shall issue a building permit.

(Code 1988; Code 2016)

All costs and expense incident to the installation and connection of the building sewer shall be paid by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Code 1983)

The connection of the building sewer into the public sewer shall be made at the “Y” branch if available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the city inspector and at a location designated by the city inspector.

(Code 1988)

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be feasibly constructed to the rear building. In such case, the building sewer from the front building may be extended to the rear building.

(Code 1988)

The building sewer shall be constructed to meet the requirements of specifications as set forth in the latest edition of the International Plumbing Code adopted by the governing body. No building sewer shall be installed within three feet of existing gas lines. If installed in filled or unstable ground, the building sewer shall be constructed of materials required by code, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city.

(Code 1988; Code 2016)

(a)   If any person as defined in section 1-102 shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b)   The service charge 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.

(Code 1988)

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, except for an approved self-contained temporary portable privy.

(Code 1988)

Where a public sanitary sewer is not available under the provisions of section 17-402 the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Code 1983)

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the building inspector. The application shall be accompanied by any plans, specifications or other information deemed necessary by the building inspector. A permit and inspection fee as set forth by resolution of the governing body shall be paid to the city at the time the application is filed.

(Code 1988)

The building inspector or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the building inspector when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 96 hours of the receipt of notice by the building inspector.

(Code 1988)

(a)   The type, capabilities, 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 one acre. 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 17-402, a direct connection shall be made to the public sewer in compliance with this article.

(Code 1983)

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

(Code 1983)

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

(K.S.A. 12-1617e; 12-1617g; Code 1983)

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 or industrial wastes except where suitable treatment has been provided in accordance with the provisions of this article.

(Code 1988)

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city.

(Code 1983)

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

(Code 1988)

All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.

(Code 1983)

(a)   It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer.

(b)   All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharge does not create a nuisance.

(Code 1988)

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 waste water 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 1988)

No person shall discharge any of the following waters or wastes to any public sewer:

(a)   Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b)   Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

(c)   Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(d)   Garbage that has not been properly shredded;

(e)   Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(f)    Water or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g)   Waters or wastes containing a toxic poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(h)   Water or wastes containing suspended solids of such character and such quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i)    Noxious or malodorous gas or substance capable of creating a public nuisance.

(Code 1983)

(a)   Each user shall pay for the services provided by the city based on use of the treatment works as determined by water meter(s). Bills shall be rendered monthly as provided Article 1 of this chapter and shall be collected as a combined utility bill.

(b)   For residential users, monthly charges will be based on the average monthly water usage during the months of January, February, and March of each year. If a residential user has not established a January, February and March average, the monthly user charge shall be the average charged of all other residential users.

(1)   The monthly rate charged for residential users located within the city limits shall be as follows:

(A)  Base service charge of $15.69; and

(B)  $4.15 per 1,000 gallons used.

(2)   The monthly rate charged for residential users located outside the city limits shall be as follows:

(A)  Base service charge of $35.00; and

(B)  $7.50 per 1,000 gallons used.

(c)   For commercial and industrial users, monthly charges shall be based upon water metered during the current month.

(1)   The monthly rate charged for commercial and industrial users located within the city limits shall be as follows:

(A)  Base service charge of $15.69; and

(B)  $4.15 per 1,000 gallons used.

(2)   The monthly rate charged for commercial and industrial users located outside the city limits shall be as follows:

(A)  Base service charge of $35.00; and

(B)  $7.50 per 1,000 gallons used.

(d)   If a user has a consumptive user of water, or in some manner uses water which is not returned to the wastewater collection system, the user charge for that user may be based upon a wastewater meter(s) or separate water meter(s) installed and maintained at the user’s expense, and in a manner acceptable to the city. Said meter(s) shall be open and available for inspection and reading by an authorized city representative.

(e)   Cost Factor Adjustment. The rates set forth in this section are based upon a cost factor to the customer of $1.05 per 1,000 gallons treated. If it is determined that the cost factor at time of the customer’s monthly billing is greater than this amount, the monthly billing shall be adjusted to account for the actual cost of treatment.

(f)    A franchise fee of two and one quarter percent (2.25%) will be charged to all customer accounts each month.

(Ord. 1932; Ord. 2055; Sec. 2; Ord. 2101; Ord. 2114; Ord. 2167; Code 2016)

(a)   Users who produce waste water with a five day biochemical oxygen demand (BOD) greater than 300 milligrams per liter (mg/l) or suspended solids (SS) concentration in excess of 350 mg/1 will be subject to a surcharge as may be determined by the waste water superintendent, subject to the approval of the governing body, or an amount mutually agreed upon between the user and the governing body.

(b)   If any user obtains water from a source other than the city’s water system the charge to such user shall be based on the total quantity of water received by such user from the city’s water supply and all other sources as established by separate approved meter installed and maintained by such user and open to inspection by a city representative; or on suitable waste water metering facilities installed and maintained at the owner’s expense.

(Code 1988)

The city may require any user to pretreat its waste water and reduce it to strength of normal waste water and also may require those users whose waste water flow amount to more than approximately 2% of the total municipal flow to construct receiving tanks and discharge their waste water in an even flow rather than in slugs. The city may require any user discharging above normal waste water to construct a control manhole to facilitate observation, measurement and sampling of waste water.

(Code 1983)

When required by the city, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes being discharged into the public sewers. Such observation manhole shall be accessible and safely located, and shall be constructed in accordance with the recommendations of the city. The manhole shall be constructed by the owner at owner’s expense, and shall be maintained to be safe and accessible at all times.

(Code 1988)

No monthly user charge shall be made against any user for the use of waste water facilities when no waste water of any kind has been discharged into such facilities.

(Code 1983)

Any person at the time of beginning or terminating service who receives service for a period of less than 17 consecutive days shall be billed at no less than one-half of the regular minimum monthly rate. For service of 17 consecutive days or more the charge shall be not less than full regular minimum monthly rate.

(Ord. 2055; Sec. 3; Ord. 2101; Ord. 2114; Code 2016)

(Code 1983; Code 2016)

(a)   Any person desiring to engage in or work for hire at the business of installing and constructing the building sewers to the public sewers of the city, shall be required to make application for a permit to do such work by making application to the city clerk. The application shall contain the name of the person, company or corporation proposing to perform the work, the description of the contemplated work, the premises or other location of such work, a description of the materials proposed for the work and if required by the city inspector, samples of materials to be installed in the said work.

(b)   Before the issuance of a permit, the applicant shall ·pay to the city, an application fee as set forth by resolution of the governing body and shall further be required to furnish a bond or other form of collateral for the benefit of the owner on whose premises such work is to be performed, said bond or other form of collateral To be approved by the city clerk to insure that all work performed and materials furnished and installed are guaranteed for a period of at least one year after completion and approval by the city inspector.

(c)   Any person, installing and/or constructing building sewers to the public sewers of the city shall comply with all applicable provisions of the city code. In the event of non-compliance in any manner, the city may revoke the permit.

(d)   All permits issued under this article shall be at the site of the work at all times the work is in progress and must be exhibited to any authorized person who may ask to see said permit.

(Code 1988)

Whenever any person shall propose construction of sanitary sewer facilities to the public sewers of the city, it shall be built pursuant to plans approved by the Kansas Department of Health and Environment and the city and at the expense of such developer.

Upon completion of construction of the sewer system, the entire sewer facility shall become the property of the city. Upon original tie-in of the facility with the existing sanitary sewer system of the city, the privately constructed facility shall be maintained by the city and be subject to all rules, regulations and ordinances (including ordinances establishing fees for monthly service charges), all as shall pertain to the sanitary sewer system of the city.

(Ord. 1428, Sec. 1; Code 1988)

All commercial septic tank haulers shall be required to keep their hauling equipment in serviceable condition and shall deposit all loads in accordance with sanitary practices and at a site to be designated by the city. Septic tank haulers may not dump in the city waste water system.

(Ord. 1279, Sec.2)

The city shall charge a property owner, at time of connection, an impact fee for a new, typical sewer service connection in the amount set by the annual fee resolution to cover a portion of the impact to the wastewater utility of the new service connection. A new, typical sewer service connection is defined as: “one where there is no sewer service connection to which a connection can be made on the premises or the property owner is requesting a separate and distinct sewer utility connection where there is an existing electric service connection.

(Ord. 1882, Sec. 3; Code 2016)

The following fees and requirements are hereby established for the extension of sewer service outside of the city limits of the City of Beloit, Kansas:

(a)   The customer requesting such out-of-city sewer service shall pay a fee for each sewer service connection outside of the city limits as set out in the city’s annual fee resolution and adopted by the governing body. This fee shall be in addition to any impact fee charged by the city.

(b)   All costs associated with the extension of the sewer service shall be paid by the customer. Costs of extension will include, but are not limited to: materials, labor, and equipment rental. Prior to commencement of the project, the city shall provide an estimated total cost to the customer.

(c)   Any structure connected to the city’s sewer service must be constructed in compliance and maintain compliance with the relevant provisions of the Beloit City Code and city policies.

(Ord. 2146; Code 2016)