Chapter 15 · Utilities

Article 2. Sewer

Sections 15-201 to 15-252 · 52 sections

15-201 Purpose.

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city’s treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.

(Ord. 1464, Art. 1)

15-202 User charge system.

(a)There shall be kept an account in the office of the city clerk for the water and sewage department of all moneys received arising from the collection of charges for water service and use of the sewage disposal system, and for the sale of any property or material connected with the department. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the city may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance, including replacement of the treatment works, shall be established by separate ordinance.

(b)The city will review the user charge system at least every year and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance, including replacement costs, among users and user classes.

(Ord. 1464, Art. 6)

15-203 Fund accounts.

That portion of the total user charge collected which is designated for operation and maintenance, including replacement purposes, shall be deposited in three separate non-lapsing funds as follows:

(a)The Sewage Revenue Fund is designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works.

(b)The Sewage Replacement Fund is designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works. Transfers to the Sewage Replacement Fund shall be budgeted and made at least annually from the Sewage Revenue Fund in the amount of $17,000.

(c)The Bond and Interest Account No. 1A is designated for the monthly transfer of funds from the Sewage Revenue Fund in an amount sufficient to pay one-twelfth of the next maturing installment of principal and interest payments on all outstanding loan and bond debt service issued for the sewage system.

(Ord. 1464, Art. 3)

15-204 Transfer of funds.

Fiscal year-end balances in the Sewage Revenue Fund and the Sewage Replacement Fund shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those budgeted. Monies which have been transferred from other sources to meet temporary shortages in the Sewage Revenue Fund or Sewage Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate shall be adjusted such that the transferred monies will be returned to their respective funds within the fiscal year following the fiscal year in which the monies were borrowed.

(Ord. 1464, Art. 3)

15-205 Definitions.

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

(a)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 days at 20 C, expressed in milligrams per liter (mg/l).

(b)Normal Domestic Wastewater — shall mean wastewater that has a BOD concentration of not more than 250 mg/l and a suspended solids concentration of not more than 250 mg/l.

(c)Operation and Maintenance — shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed.

(d)Replacement — shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

(e)Residential Contributor — shall mean any contributor to the city’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

(f)Shall is mandatory; May is permissive.

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

(h)Treatment Works — shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

(i)Useful Life — shall mean the estimated period during which a treatment works will be operated.

(j)User Charge — shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

(k)Water Meter — shall mean a water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.

(Ord. 1464, Art. 2)

15-206 Sewer bills.

All users will be billed monthly. Whenever any sewer charge shall become due and payable under this article, it shall be the duty of the owner or occupant of the premises to pay the same within 15 days following the due date.

15-207 Same; delinquent bill.

A bill not paid within 15 days following the due date shall be declared to be delinquent. An additional penalty will be added to each delinquent bill for each month of delinquency. It shall be the duty of the city utility clerk to cause notice to be given to the owner or occupant of the premises that unless the delinquent bill is paid within five days following service of such notice, that sewer service to the premises shall be terminated.

15-208 Same; notice.

A termination notice may be served by regular mail addressed to the customer’s or owner’s last known address or it may be delivered in person to some person of suitable age and discretion residing on the premises. The notice shall advise the customer of his or her right to request a hearing to show cause why said sewer service should not be terminated for nonpayment of the account. The notice further shall advise the customer of the procedure for requesting a hearing. Where no hearing is requested and the bill remains unpaid for five days following service of notice, sewer service shall be disconnected.

(Ord. 1464, Art. 5)

15-209 Same; hearing.

Following the hearing, if the hearing officer shall find that service should be disconnected, he or she shall so order. If the hearing officer shall determine that termination of service will cause undue hardship, a written agreement will be prepared stating reasonable terms for payment of the delinquent bill and signed by the customer and city clerk.

(Ord. 1464, Art. 5)

15-210 Same; restoration of service.

Whenever sewer service shall be terminated under the provisions of these sections, such service shall not be reconnected until the delinquent account has been paid in full. In addition, the customer shall be required to provide a deposit of not less than $100.00 nor more than three times the amount of the maximum monthly bill, plus an additional $50.00 for first-time reconnection of water service; $75 for second-time reconnection of water service and $100 for a third-time or more reconnection of water service.

15-211 Surcharges.

(a)For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance shall be as determined by the responsible staff personnel and approved by the city council.

(b)Any user discharging toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city’s treatment works, or any user discharging any substance which singularly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the responsible staff personnel and approved by the city council.

(Ord. 1464, Art. 4)

15-212 Landlord liability.

(a)Property owners, to include those purchasing property through a contractual agreement, shall be and are hereby made liable for any and all bills contracted by themselves, their agents or tenants for sewer service supplied and used upon the premises of any such property and for all expenses incident to the upkeep of the supply pipes to the premises of the property owner. The owner of any leased premises, or the owner’s agent if leasing is through an agent, shall be notified of the delinquency of the occupant of the leased premises in the same manner as notice is provided to customers pursuant to Section 15-208 of this article and at the same time of notice to the lessee-customer.

(b)No sewer service shall be furnished or rendered free of charge.

(Code 2011)

15-213 Unlawful deposits; not in sewer.

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

(Ord. 1144, Art. 2, Sec. 1)

15-214 Same; untreated sewage.

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

(Ord. 1144, Art. 2, Sec. 2)

15-215 Privies, cesspools.

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.

(Ord. 1144, Art. 2, Sec. 3)

15-216 Property owner required to install toilets and connect to city sewer.

The owner of all houses, buildings or properties used for human employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined 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 90 days after date of official notice to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line.

(Ord. 1144, Art. 2, Sec. 4)

15-217 Same; sewer not available.

Where a public sanitary or combined sewer is not available under the provisions of Section 15-216, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 1144, Art. 3, Sec. 1)

15-218 Private sewer permit.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the water and sewage supervisor. 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 water and sewage supervisor. A permit and inspection fee of $100.00 for a residence and $200.00 for a commercial enterprise shall be paid to the city at the time the application is filed.

15-219 Same; approval of water and sewage supervisor.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the water and sewage supervisor. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the street supervisor when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the supervisor.

(Ord. 1144, Art. 3, Sec. 3)

15-220 Same; compliance with state law.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Kansas Department of Health & Environment. 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 three acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

15-221 Same; connection must be made when public sewer available.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 15-216, 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.

(Ord. 1144, Art. 3, Sec. 5)

15-222 Private sewer must be maintained in sanitary manner.

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

(Ord. 1144, Art. 3, Sec. 6)

15-223 Article subjugate to orders of health officer.

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

(Ord. 1144, Art. 3, Sec. 7)

15-224 Time limit to connect to public sewer.

When a public sewer becomes available, the building sewer shall be connected to the sewer within 90 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

15-225 Uncovering sewer.

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 water and sewage supervisor.

15-226 Sewer tap fee.

(a)There is hereby established and created a sewer tap charge per connected structure to be payable by any person, firm or corporation desiring to connect to any sewer main within the city. Application shall be made on a special form furnished by the city and shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city inspector. The sewer tap fee shall be paid to the city at the time the application is filed and in the following amount:

For a residential tap: $370.00

For a commercial or industrial tap: $620.00

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

(c)All sewer tap fees shall be deposited into the Sewage Revenue Fund of the city. In December of each year, the city clerk shall cause to be made from the Sewage Revenue Fund to the Sewage Replacement Fund a transfer of funds in an amount equal to 50% of the tap fees collected during the year.

(Ord. 1566, Sec. 1)

15-227 Guarantee of sewer service.

The city shall not be liable to any sewer customer for failure to provide adequate sewer service or for damages, including pain, suffering and mental anguish, resulting from sewer backups unless the city is grossly or wantonly negligent.

(Ord. 1394, Sec. 2)

15-228 Independent sewer for each building.

(a)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, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

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

(Ord. 1144, Art. 4, Sec. 4 and 5)

15-229 Connection to public sewers.

(a)The connection of the building sewer into the public sewer shall conform to the requirements of the adopted building and plumbing codes or other applicable rules and regulations of the city. All such connections shall be made gas and water tight. Any deviation from the prescribed procedures and materials must be approved by the water and sewage supervisor before installation.

(b)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.

(Ord. 1394, Sec. 3; Ord. 1144, Art. 4, Sec. 7)

15-230 Same; inspection.

The applicant for the building sewer permit shall notify the water and sewage supervisor when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the water and sewage supervisor or his or her representative.

(Ord. 1144, Art. 4, Sec. 10)

15-231 Same; excavations.

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 work shall be restored in a manner satisfactory to the city.

(Ord. 1144, Art. 4, Sec. 11)

15-232 Ground water.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(Ord. 1144, Art. 5, Sec. 1)

15-233 Same; combined sewers.

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 water and sewage supervisor. Industrial cooling waters or unpolluted process waters may be discharged on approval of the water and sewage supervisor to a storm sewer, combined sewer or natural outlet.

(Ord. 1144, Art. 5, Sec. 2)

15-234 Prohibited deposits.

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, naphta, 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, 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 by not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to 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, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground 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, or (2) containing more than 350 parts per million by weight of suspended solids, or (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 water and sewer supervisor.

(Ord. 1144, Art. 5, Sec. 3)

15-235 Same; additional substances.

No person shall discharge or cause to be discharged the following described substances, materials, water or wastes if it appears likely, in the opinion of the water and sewer supervisor, 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 water and sewer supervisor will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

(a)Any liquid or vapor having a temperature higher than 150º F (65º C);

(b)Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32º and 150º F.

(c)Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the water and sewer supervisor.

(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 treatment works exceeds the limits established by the water and sewer supervisor for such materials.

(f)Any waters or wastes containing phenols or other taste or odor producing substances in such concentrations exceeding limits which may be established by the water and sewer supervisor 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 water and sewer supervisor 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. 1144, Art. 5, Sec. 4)

15-236 Same; powers of water and sewer supervisor.

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 15-235 and which, in the judgment of the water and sewer supervisor, 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 water and sewer supervisor may:

(a)Reject the wastes;

(b)Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)Require control over the quantities and rates of discharge; and/or

(d)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 15-239.

If the water and sewer supervisor permits the pretreatment or equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the water and sewer supervisor, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 1144, Art. 5, Sec. 5)

15-237 Grease, oil, sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the water and sewer supervisor, 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 water and sewer supervisor and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 1144, Art. 5, Sec. 6)

15-238 Preliminary treatment; provided operated by owner.

Where necessary in the opinion of the water and sewer supervisor the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to: (1) reduce the BOD to 300 parts per million by weight; or (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 water and sewer supervisor and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(a)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. 1144, Art. 5, Sec. 7)

15-239 Control manhole.

Where required by the water and sewer supervisor, 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 wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the water and sewer supervisor. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.

(Ord. 1144, Art. 5, Sec. 8)

15-240 Tests of wastewater.

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 Kansas Department of Health and Environment regulations and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of the 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. 1144, Art. 5, Sec. 9)

15-241 City may make special arrangements.

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 or unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern.

(Ord. 1144, Art. 5, Sec. 10)

15-242 Molesting sewer.

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

15-243 Right of entry.

The water and sewer supervisor 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 water and sewer supervisor 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. 1144, Art. 7, Sec. 1)

15-244 Safety rules; indemnity.

While performing the necessary work on private properties referred to in Section 15-143, the water and sewer supervisor or duly authorized employee 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 and the city shall indemnify the company against loss or damage to its property by 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 15-240.

(Ord. 1144, Art. 7, Sec. 2)

15-245 Right of entry on city’s easements.

The water and sewer supervisor 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 easement pertaining to the private property involved.

(Ord. 1144, Art. 7, Sec. 3)

15-246 Connections outside city limits.

Connections to the city’s wastewater and sewage pollution control system will be allowed for properties located outside the city limits under the following conditions:

(a)Any private wastewater system that is required to be connected to a public sewer under the provisions of the Marshall County Sanitary Code, or other lawful code or regulation.

(b)Any such connection required to be made shall be subject to any and all codes, ordinances or regulations that set forth the manner and cost of connecting at the required connection point or within a defined area or sewer district.

(c)Properties which are required to connect to a public sewer under subparagraphs (a) and (b) above, and that are subject to annexation under the laws of the State of Kansas, whether contiguous or noncontiguous, shall consent to annexation prior to connection.

(d)No sewer main extensions shall be allowed to serve properties that have not been annexed into the city. All extensions of the sewer mains of the city to areas or subdivisions, whether or not they are part of an assessed district, shall be at the cost of the developer and/or owner(s) of the property. A tap fee for connecting to the existing main(s) shall be charged for the initial connection. Thereafter, each lot, parcel or tract which is served by the extension shall be subject to the tap fee as established.

(Ord. 1567; Code 2020)

15-247 Reserved.

(Ord. 1566; Code 2020)

15-248 Violations; notice.

Any person found to be violating any provision of this article, except as otherwise stated in this article, 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.

15-249 Same; liability to city.

Any person violating any of the provisions of this article shall, in addition to Section 15-248, become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

15-250 Penalty upon conviction.

Unless stated otherwise in this article, any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be deemed guilty of a misdemeanor and be fined in a sum of not less than $10.00 nor more than $499.00, or by imprisonment for not less than 10 days nor more than 30 days, or both, and each day shall constitute a distinct and separate offense.

(Code 2011)

15-251 Appeals.

Any user who feels that the charges determined do not fairly reflect the amount of water which such user discharges into the wastewater, sewage pollution control system or stormwater system may appeal to the Water/Sewer Committee and support the appeal by data. After hearing the appeal, the governing body may adjust the rate to accurately reflect the amount of water which such user is discharging into the system.

(Ord. 1145, Sec. 2; Code 2020)

15-252 Sewer charge.

(a)Effective with the January 2025 usage that will be billed February 1st:

The minimum sewer charge per month shall be based on size of meter as follows:

• 5/8” & 3/4” meter - $28.20

• 1” meter – $48.57

• 1.5” meter - $82.53

• 2” meter - $123.28

• 2.5” meter - $184.41

• 3” meter - $231.95

• 4” meter - $354.20

• 6” meter - $693.79

In addition, each contributor shall pay a user charge rate for operation and maintenance including replacement of $0.485 per 100 gallons of water used.

(b)Effective with the January 2026 usage that will be billed February 1st:

The minimum sewer charge per month shall be based on size of meter as follows:

• 5/8” & 3/4” meter - $37.09

• 1” meter – $63.88

• 1.5” meter - $108.55

• 2” meter - $162.14

• 2.5” meter - $242.54

• 3” meter - $305.07

• 4” meter - $465.86

• 6” meter - $912.50

In addition, each contributor shall pay a user charge rate for operation and maintenance including replacement of $0.638 per 100 gallons of water used.

(c)On first and final partial month billings, sewer charges will be computed on the appropriate monthly minimum charge divided by the number of days in the billing cycle plus the actual water usage.

(d)The rates specified herein will increase 3% annually starting with the January 2027 usage that will be billed February 1.

(e)That the rates specified herein are subject to such changes as may have to be made from time to time by said City in order to meet the costs of operation, improvement and maintenance of said utility, and pay the principal of and the interest upon any outstanding bonded indebtedness of the system of any future bonds for extending, enlarging, or improving the wastewater system of the City of Marysville.

(Ord. 1840; Code 2020; Ord. 1937)