CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 4. REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS

Unless otherwise indicated by the specific context, the meanings of the terms used in this ordinance are as follows:

(a)   ADMINISTRATOR - The City Administrator of the City of Moundridge, Kansas and/or his authorized deputy, agent or representative.

(b)   ASTM - The American Society of Testing Materials or publications thereof.

(c)   BOD (denoting Biochemical Oxygen Demand) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 deg. C, expressed in milligrams per liter.

(d)   BUILDING DRAIN - 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 conveys it to the building sewer beginning two (2) feet outside the building wall.

(e)   BUILDING SEWER - The extension from the building drain to the public wastewater collection system or other place of disposal.

(f)    CITY - The City of Moundridge, Kansas.

(g)   COMBINED SEWER - a sewer receiving both surface runoff and sewage.

(h)   GARBAGE - Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(i)    GOVERNING BODY - The Mayor and City Council of the City of Moundridge, Kansas.

(j)    HEALTH OFFICER - A person having public health responsibility by the State of Kansas and/or by McPherson County.

(k)   INDUSTRIAL WASTES - The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(l)    NATURAL OUTLET - Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

(m)  NORMAL DOMESTIC WASTE - Normal wastewater for the City in which the average concentration of five-day milligrams per liter (188 mg/l); the average concentration of suspended solids is established at one hundred twenty-five milligrams per liter (125 mg/1);

(n)   PERSON - Any individual, firm, company, association, society, corporation or group.

(o)   pH - The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(p)   PROPERLY SHREDDED GARBAGE - The wastes from the preparation, cooking, and dispensing of food which 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 (1/2) inch (1.27 centimeters) in any dimension.

(q)   PUBLIC SEWER - A sewer is which all owners of abutting properties have equal rights and is controlled by public authority.

(r)    REPLACEMENT - Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.

(s)    SANITARY SEWER - A sewer which carries wastewater and to which storm, surface and groundwater are not intentionally admitted.

(t)    SEWER - A pipe or conduit for carrying wastewater.

(u)   SHALL is mandatory, MAY is permissive.

(v)   SLUG - Any discharge of water, wastewater or industrial waste which is concentration of any given constituent or in which the quantity of flow for any period of duration longer than fifteen (15) minutes exceeds more than five (5) times the average twenty-four (24) hour concentration or flow quantities during normal operation.

(w)  STORM DRAIN (STORM SEWER) - A sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unplugged cooling water.

(x)   SUSPENDED SOLIDS (SS) - Solids that either float on the surface of, or are suspended in water, sewage or other liquids and which are removable by laboratory filtering.

(y)   WATERCOURSE - A channel in which a flow of water occurs, either continually or intermittently.

(z)   UNIFORM PLUMBING CODE - The latest revision of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials.

(aa)  USEFUL LIFE - The estimated period during which a sewage treatment plant will be operated; for said City the design life of twenty (20) years shall be used.

(bb) WASTEWATER - A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters that may be present.

(cc)  WASTEWATER COLLECTION SYSTEM - Each, and all, of the common lateral sewers, within a publicly-owned treatment system, which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual structures or from private property, and which include service connection “Y” fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures or from private property to the public lateral sewer or its equivalent, are specifically excluded from the definition, with the exception of pumping units, and pressurized lines, for individual structures or groups of structures when such units are cost effective and are owned and maintained by the City of Moundridge, Kansas.

(dd) WASTEWATER TREATMENT FACILITY - Any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature to implement section 201 of the Federal Water Pollution Control Act (22 U.S.C. 1251 et. seq.) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L 92-500) and Pub. L 93-243, or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including intercepting sewers, outfall sewers, wastewater collection 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 stand-by 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 or residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm runoff, or industrial waste, including waste in combined stormwater and sanitary sewer system.

(ee)  WPCF - The Water Pollution Control Federation of publications thereof.

(Ord. 631; Code 2012)

(a)   It shall be unlawful for any person to place, deposit or permit to be deposited any human or animal excrement, garbage or other objectionable waste in any unsanitary manner on public or private property within the City of Moundridge or in any area under the jurisdiction of said City.

(b)   It shall be unlawful to discharge any wastewater or other polluted waters into any natural outlet except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

(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 wastewater.

(d)   The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting any street, alley or right-of-way in which there is now located or may be located in the future, a sanitary sewer of the City is hereby required to install, at his expense, toilet facilities therein and to connect such facilities directly with the proper public wastewater collection system in accordance with the provisions of this ordinance within ninety (90) days after the official notice to do so, provided that said public wastewater collection system is within one hundred (100) feet of the property line.

(e)   No sewer connection will be permitted for areas outside the City limits. Any sewer lines needed to connect with existing City sewer mains and laterals must conform to City and State specifications for same.

(Ord. 631; Code 2012)

(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 wastewater disposal system complying with the provisions of this article.

(b)   Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Administrator. 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 Administrator. A permit and inspection fee of twenty-five ($25.00) shall be paid to the City at the time the application is filed.

(c)   A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Administrator. 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 Administrator when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within ninety-six (96) hours of the receipt of notice by the Administrator or his representative.

(d)   The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the Kansas Department of Health and Environment. When a public water supply is used, no permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. In the case of a private water supply, the minimum lot size will be 40,000 square feet. No septic tank or cesspool system shall be permitted to discharge to any natural outlet.

(e)   At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 15-403(d), a direct connection shall be made to the public wastewater collection system in compliance with this ordinance. Any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned and filled according to subsection (h).

(f)    The owner shall operate and maintain the private wastewater 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 within sixty (60) days. The private wastewater disposal system shall be cleaned of sludge and filled with clean bank-run gravel, locally available chat, or soil.

(Ord. 631; Code 2012)

(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 one class of building sewer permit for residential and commercial service. 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 Administrator. A Permit and inspection fee of one hundred dollars ($100.00) for a residential or commercial building sewer permit shall be paid to the City Clerk at the time the application is filed.

(c)   All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(d)   A separate and independent building sewer shall be provided for every building (refer to section 15-402(d)); 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, courtyard, or driveway. The building sewer from the front building may be extended to the rear building and whole considered as one building sewer.

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

(f)    The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating and backfilling the trench, installing jointing, and testing the building sewer, shall conform to the Uniform Plumbing Code as hereinafter modified.

(1)   Minimum internal pipeline diameter for all building sewers shall be four inches.

(2)   Building sewers shall be constructed of one of the following pipeline materials:

(A)  Extra-strength vitrified clay pipeline and fittings conforming to ASTM C 700.

(B)   Polyvinyl Chloride (PVC) gravity sewer pipe and fittings, Type PSP or PSM conforming to ASTM Standards D 3033 or D 3034. All PVC sewer pipe shall be at least Schedule 40.

(C)   ABS composite sewer pipe conforming to ASTM D 2680.

(D)  Reinforced plastic mortar pipe conforming to ASTM D 3262.

(E)   Asbestos-cement non-pressure sewer pipe conforming to ASTM C 428.

(F)   Cast or ductile iron pipe with a minimum pressure rating of 150 pounds per square inch conforming to Federal Specification WW-P42lb, or ANSI A21.51, A21.6 or A21.8 except that iron used in the manufacture of the pipe shall have minimum design strength value, in pounds per square inch, of 21,000 for bursting strength and 45,000 for modulus of rupture.

(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 wastewater collection system, the wastewater carried by such a building drain shall be lifted by an approved means and discharged to the building sewer.

(h)   No person shall make connection of roof downspouts, exterior or interior 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 wastewater collection system.

(i)    The connection of the building sewer into the public wastewater collection system shall conform to the requirements of the Uniform 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 Administrator before installation.

(j)    The applicant for the building sewer permit shall notify the Administrator when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Administrator or his representative, within ninety-six (96) hours of the receipt of the notice.

(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.

(Ord. 631; Code 2012)

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

(b)   Stormwater and all other unplugged drainage shall be discharged to sewers specifically designated as storm sewers by the Superintendent, to another storm sewer or natural outlet. Such flows are also (subject to Federal and State regulations.

(c)   No person 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:

(A)  injure or interfere with any wastewater treatment process or

(B)   constitute a hazard to humans or animals or

(C)   create a public nuisance, or

(D)  create any hazard in receiving waters of the wastewater treatment plant.

(3)   Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other property capable of causing damage or hazard to structures, equipment, and personnel of the treatment works.

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

(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 Administrator that such wastes can harm either the sewers, wastewater 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 Administrator 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 wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances prohibited are:

(1)   Any liquid or vapor having a temperature higher than one hundred twenty (120) deg. F. (40 deg. C).

(2)   Any water or waste containing fats, wax, grease, or oils whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become vicious at temperatures between thirty-two (32) and one hundred twenty (120 deg) F (9 and 49 deg. C).

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Administrator.

(4)   Any waters or wastes containing strong acid 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 wastewater at the wastewater treatment works exceeds the limits established by the Administrator for such materials, or pretreatment requirements established by State, Federal, or other public agencies of jurisdiction for such discharge.

(6)   Any waters or wastes containing phenols or other taste- or odor-producing substances, in su31ch concentrations exceeding limits which may be established by the Administrator as necessary, after treatment of the composite wastewater to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge.

(7)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Administrator in compliance with applicable State or Federal regulations.

(8)   Materials which exert or cause:

(A)  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 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 wastewater 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 wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(10) Any waters or wastes (1) having a five-day BOD greater than 300 milligrams per liter, or (2) containing more than 350 milligrams per liter of suspended solids, or (3) having an average daily flow greater than two percent of the average wastewater flow of the City, shall be subject to the review of the Administrator, Where necessary, in the opinion of the Administrator, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the BOD to 300 milligrams per liter, or (2) reduce the suspended solids to 350 milligrams per liter, (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 Administrator and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(e)   If any waters or wastes are, or are proposed to be, discharged to the public wastewater collection system, which contain the substances or possess the characteristics enumerated in subsection (d), the Administrator may:

(1)   Reject the wastes,

(2)   Require pretreatment to an acceptable condition for discharge to the public wastewater collection system,

(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 user charges. 

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

(f)    Grease, oil, and sand interceptors shall be provided when, in the opinion of the Administrator, 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 Administrator and shall be located as to be readily and easily accessible for cleaning and inspection.

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

(h)   When required by the Administrator, 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 Administrator. 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.

(i)    All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be performed by a laboratory approved by the Administrator and 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 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 the constituents upon the treatment 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 building sewers of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all building sewers, whereas pH’s and heavy metals are determined from periodic grab samples.)

(j)    Any pretreatment standards, as established by State, Federal, or other public agencies of jurisdiction for such discharge, will be used as the minimum requirements by the Administrator as applied to this Article.

(Ord. 631; Code 2012)

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 municipal wastewater collection system and treatment facility. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Ord. 631; Code 2012)

(a)   The Administrator 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 ordinance. The Administrator shall have no authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond the point having bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment any report, record, or information may be disclosed to other officials, employees, or authorized representatives of the city and except for such effluent information as may be required by Federal and State regulations.

(b)   While performing the necessary work on private properties referred to in subsection (a) above, the Administrator shall oversee 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. The City shall indemnify the company against loss or damage to its property to City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-405(h).

(c)   The Administrator of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater collection system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 631; Code 2012)

(a)   The service charge to be paid by all contributors of the Moundridge Municipal Wastewater Collection and Treatment System is established under a separate code section or ordinance.

(b)   In the event a lot, parcel of land, premise or facility discharging wastewater, industrial process waste, water or other liquids, either directly or indirectly into the City’s wastewater collection and treatment system or which eventually enters the system, is supplied with water from any source other than from the City’s municipal water system, then the sewer user charge will be estimated at the average bill for all users in the City, unless the owner of lot, parcel of land, premise or facility installs, and maintains at his own expense, a water meter approved by the City’s water department. This meter(s) shall serve as a control for the establishment of the sewer user charge and shall be accessible to the City’s meter readers.

(c)   Where more than one water meter is installed for service to one industry or commercial business located at a single site or adjoining sites, only one minimum monthly charge shall apply. The additional monthly charge shall apply to the total average winter water use from all meters which supply service to one industry or commercial business located at single site or adjoining sites.

(d)   Where it can be established that a contributor has had a water leak during the establishment of the contributor’s average winter water use, the contributor’s charge may be adjusted by the Cashier of the Utility Office by using the previous year’s average winter water use or portion thereof.

(e)   If wastewater service is commenced or terminated during a period for which bills are rendered, billing shall be prorated on a daily basis.

(f)    The City shall annually review user charges and revise them, if necessary, to reflect, as a minimum, the following conditions:

(1)   User charges shall maintain a proportional distribution of operation, maintenance and replacement (OM&R) costs among all users and/or user classes;

(2)   User charges shall generate adequate revenues to pay the costs of OM&R.

(3)   All end of year balances collected through user charges to pay for OM&R must be carried over to the next year and user charges adjusted accordingly.

(g)   Billings for wastewater service shall be rendered at the same time and on the same bills issued for water service, but shall be shown as a separate item from the charge for water.

(h)   Whenever current standards or guidelines are altered by any governmental agency the user charges, if any, must be adjusted to reflect the costs of expanding and/or upgrading the treatment works required by these revisions.

(Ord. 631; Code 2012)