City of Eureka

CHAPTER XV. UTILITIES

June 08, 2010

 

Article 1. General Provisions

Article 2. Water Article 3. Sewers Article 4. Solid Waste

Article 5. Water Conservation

 

 

 

ARTICLE 1. GENERAL PROVISIONS

 

15-101. DEFINITION. For purposes of this article utility services shall include water, electrical, sewer, solid waste (refuse) and other utility services provided by the city.

(Code 1993)

 

15-102. DELINQUENT ACCOUNTS. Unless otherwise provided, water, electric, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections

15-103:104. (Code 1993)

 

15-103. NOTICE; HEARING. (a) If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b) The notice shall state:

(1) The amount due, plus delinquency charge;

(2) Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

(3) Notice that the customer has the right to a hearing before the designated hearing officer;

(4) Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c) Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Ord. 3353, Sec. 2; Code 1993)

 

 

15-104. SAME; FINDING. Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service. (Code 1993)

 

15-105. UTILITY DEPOSIT. (a) At the time of making application for utility service, the property owner or customer shall make a cash deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor.

(b) Cash deposits for the indicated utility services shall be in the following amounts: (1) Water Service - $65.00;

(2) Sewer Service - $10.00.

(c) The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund

designated as the "meter deposit fund." Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer's account January 1st of each calendar year.

(d) Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor together with the accrued interest thereon less any amount due and

owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.

(e) Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Ord. 3103, Sec. 2; Code 1993)

 

15-106. LANDLORD LIABILITY. Owners of premises served by utility service under this article shall be liable for payment of the cost of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or the lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.

(Ord. 3935, Sec. 1; Code 2007)

 

15-106A. LIABILITY OF PROPERTY OWNER; LIEN. (a) Lessors of leased premises served by utility service furnished by the city shall be ultimately liable for payment of the cost of any utility service furnished by the city to such leased premises, whether the service is furnished upon the application and request of the lessor, sublessor or the lessee of such premises.

(b) If utility service is furnished by the city to leased premises, upon the application and request of the lessee or sublessee, then all billings for such service furnished shall be made to the lessee or sublessee. However, if the cost of such service is not paid, as and when they become payable, the lessor, sublessor, and the owner of the premises served shall be liable for the payment of such cost, plus all interest and penalties as provided by the laws of the city.

 

(c) If utility service is furnished to leased premises on the application and request of the lessor or sublessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor or sublessor, and the lessor or sublessor shall be fully liable for the cost of service furnished.

(d) Such charges shall constitute a lien upon the real estate served, and shall be certified by the city clerk to the

county clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes collectible by law.

(Ord. 3936, Sec. 1; Code 2007)

15-107. PETTY CASH FUND. A petty cash fund in the amount of $1,000.00 is established for the use of the city utilities department, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts. (Code 1993)

 

15-108. SAME; DEPOSITS. The petty cash fund shall be deposited in the regular depository bank of the city and paid out on the order of the city clerk by check which shall state clearly the purpose for which issued. (Code 1993)

 

15-109. SAME; VOUCHERS. Whenever the petty cash fund becomes low or depleted, the city clerk shall prepare vouchers covering expenses as have been paid from the petty cash fund and shall submit such vouchers together with the paid checks to the governing body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount.

(Code 1993) ARTICLE 2. WATER

15-201. WATER SUPERINTENDENT. The general management, care, control and supervision of the city water system shall be in the water superintendent, who shall be appointed by the governing body. (Code 1965,

11-101; Code 1993)

 

15-202. REGULATIONS. The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article.

(Code 1965, 11-103; Code 1993)

 

15-203. SERVICE NOT GUARANTEED. The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers.

(Code 1993)

 

15-204. SERVICE CONNECTIONS REQUIRED. (a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located public water mains, is hereby required at his or her own expense to make connection to such public water main.

(b) Before any connection is made to the city's water system an application must be made in writing to the city

clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.

(Code 1993)

 

15-205. APPLICATION FOR SERVICE. (a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.

(b) The application shall:

(1) Contain an exact description including street address of the property to be served; (2) State the size of tap required;

(3) State the size and kind of service pipe to be used;

(4) State the full name of the owner of the premises to be served;

(5) State the purpose for which the water is to be used;

(6) State any other pertinent information required by the city clerk;

(7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.

(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in

section 15-207.

(Ord. 2323, Sec. 1; Code 1993)

 

15-206. CITY TO MAKE CONNECTIONS. All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to a meter setter installed in a meter box to which the service pipe is to be connected by city employees only. (Code 1965, 11-105; Code 1993)

 

15-207. WATER SERVICE; CONNECTION FEES. The person applying for water service shall pay the actual cost of the meter and other materials or the following water service connection fee, whichever is greater:

(a) Three-quarter inch meter and service line - $1,500.00 plus tax. (b) One inch meter and service line - $1,800.00 plus tax.

(c) Two inch meter and service line - $2,500.00 plus tax.

(e) For any meter or water service connection not covered by (a) through (c) above, the consumer shall

reimburse the city for the cost of labor and material expended in the installation of the water service connection including, but not limited to the following: one meter, one corporation cock and tap, one water service line as required by the size of the meter, one 15-inch diameter meter tile box, one 15-inch diameter cast iron meter

box lid, one curb stop and box or meter shut-off valve, plus tax.

(Ord. 4044, Sec. 1; Code 2007)

 

15-208. WATER SERVICE TAPS; CONSTRUCTION. (a) All service pipes from the corporation to the curb

cock shall be not than three-fourths inch in diameter, to be laid at least 30 inches below pavement of low places in the natural ground and protected at times from freezing.

(b) All connections made to mains on the opposite parking from which service is desired will contain sufficient service line laid at the expense of the city to reach the same relative position in the parking abutting the

property to be served.

(c) All services shall be furnished with a meter setter to be located on parking abutting property to be served,

provided that the water superintendent may direct or permit the meter setter to be placed in a different location where he or she deems it necessary or advisable. The meter setter shall be protected by an approved service box reaching from the pipe to the surface.

(Code 1965, 11-107; Code 1993)

 

15-209. CHECK VALVES. Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superinten¬dent. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch. (Code 1993)

 

15-210. UNAUTHORIZED SERVICE. It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body.

(Code 1965, 11-116; Code 1993)

 

15-211. METERS. (a) All water furnished to customers shall be metered.

(b) Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.

(c) The city's responsibility stops at customer's connection to meter setter.

(Code 1965, 11-109; Code 1993)

 

15-212. SAME; TESTING. Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and a charge of $25.00 will be made to the customer. (Code 1965, 11-112; Code 1993)

 

15-213. TAMPERING WITH METER. It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock or meter setter on or off. (Code 1965,

11-110,116; Code 1993)

 

15-214. LEAKS PROHIBITED; PENALTY. No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive. (Code 1965, 11-108; Code 1993)

15-215. DISCONNECTION, RE-CONNECTION CHARGE. The governing body shall establish, by ordinance, a water service disconnection and re-connection charge of $10.00. Whenever the city receives a request from a customer for termination of water service the disconnection charge shall be added to the customer's final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and a re-connection charge of $20.00. (Ord. 3353, Sec. 2; Code 1993)

 

15-216. UTILITY DEPOSIT. At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service. (Code 1993)

 

15-217. INTERRUPT SERVICE. The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.

(Code 1993)

 

15-218. PROHIBITED ACTS. It shall be a violation of this article for any unauthorized person to:

(a) Perform any work upon the pipes or appurtenances of the city's waterworks system beyond a private

property line unless such person is employed by the city;

(b) Make any connections with any extension of the supply pipes of any consumer without written permission to

do so having been first obtained from the governing body;

(c) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to

the water system of the city;

 

(d) Use, take or steal any water from the city, not metered or paid for, or to allow or permit any person to use, take or steal water from their connections or fixtures, in violation of any rules or regulations prescribed for the regulation and government of such works or plant, except water for extinguishing fire;

(e) Destroy or damage any water pipe, hydrant or fountain in the city, or to damage or molest any electric light pole or wire or telephone pole or wire, or any of the appurtenances to any municipal utility system, without authority from the governing body, or without lawful authority from either the governing body or director of public works to open any hydrant, service pipe, stop cock or valve belonging to or connected with the city waterworks system.

(Code 1965, 11-115,117; Code 1993)

 

15-219. WASTING WATER. Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense.

(Code 1965, 11-111; Code 1993)

 

15-220. RIGHT OF ACCESS. Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines. (Code 1993)

 

15-221. RATES. The rates per month for the use of water in the city shall be as follows:

(a) For water furnished within the corporate limits of the city or furnished to any rural water district having a contract for the purchase of water form the city:

0 to 2,000 gallons per month, minimum - $9.25. Next 23,000 gallons per month per 1,000 - $4.95.

All over 25,000 gallons per month per 1,000 - $4.05. (b) For water furnished to consumers outside the city:

0 to 2,000 gallons per month, minimum - $13.25. Next 23,000 gallons per month per 1,000 - $5.50.

All over 25,000 gallons per month per 1,000 - $4.90.

(c) New Employee. In the event the owner or occupant of a property, for which the city provides water, certifies

to the City Administrator’s satisfaction, the owner’s or occupier’s creation of a new job and the employment of a new employee, equivalent to one (1) full-time employee, in addition to existing jobs and employees, the rate for water use at on meter billed to the owner or occupant will be reduced ten percent (2%) during the lifetime of said additional job not to exceed two (2) years.

(d) Five New Employees. ln the event the owner or occupant of a property, for which the city provides water, certifies to the City Administrator’s satisfaction, the owner’s or occupier’s creation of five (5) new jobs and the employment of five (5) new employees, equivalent to five (5) full-time jobs and employees, in addition to

existing jobs and employees, the rate for water use at one meter billed to the owner or occupant will be reduced twenty percent (20%) during the lifetime of said five (5) additional jobs, not to exceed two (2) years. (Ord. 4076; Code 2007)

 

 

15-222. PAYMENT OF BILLS. All water bills for the previous month's water service shall be paid on or before the 20th day of the month following the service. For any billing not paid when due a late charge of 10 percent will be added to the bill.

(Ord. 3353, Sec. 2; Code 1993)

 

15-223. DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING; LIABILITY. Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104. (Ord. 3353, Sec. 2; Code 1993)

 

15-224. USE DURING FIRE. No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire. (Code 1993)

 

15-225. CROSS CONNECTIONS; GENERAL INFORMATION. (a) Purpose. The purpose of section 15-225 is: (1) To protect the public potable water supply of the city from pollution or contamination due to cross connection;

(2) To prohibit and eliminate all cross connections within the public potable water supply system; and

(3) To provide for the maintenance of a continuing effective cross connection control program and thus protect

the public health.

(b) Responsibility. The water superintendent shall be responsible for effectively conducting the cross

connection control program of the city public potable water supply. If in the judgment of the water superintendent an approved back flow prevention device is required the water superintendent or his or her agent will give notice in writing to the customer to install the proper device. The customer shall immediately install the proper device at the customer's expense. Failure to comply shall be grounds for discontinuing water service to the customer until the device is properly installed.

(Ord. 3590, Sec. 1)

 

15-226. SAME; DEFINITIONS. (a) Agency. The department of the municipal government or water purveyor invested with the responsibility for enforcement of this article.

(b) Air Gap. - The unobstructed vertical distance at least twice the diameter of the supply line and no less than

one inch, through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.

(c) Approved Device. - Shall mean devices tested and accepted by a recognized testing laboratory approved by the Kansas Department of Health and Environment and the water superintendent.

(d) Back flow. - The flow of water or other substances into the distribution system of a potable supply of water from any source other than its intended source. Back-siphonage is one type of back flow.

(e) Back flow Preventer. - A device or means to prevent backflow.

 

(f) Back-siphonage. - The flowing back of contaminated or polluted substances from a plumbing fixture or any vessel or course into the potable water supply system due to negative pressure in the system.

(g) Contaminant. - Any substance that upon entering the potable water supply would render it a danger to the health or life of the consumer.

(h) Cross Connection. - Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other which contains water or any substance of unknown

or questionable quality whereby there may be flow form one system to the other.

(i) Double Check Valve Assembly. - A device consisting of two internally loaded soft seated check valves with

positive shut-off valves on both upstream and downstream ends, and properly located test ports.

(j) Dual Check Valve. - A device consisting of two internally loaded soft seated check valves. This device does

not contain test ports and is acceptable for use only at the meter of residential customers. (k) Free Water Surface. - A water surface at atmospheric pressure.

(l) Flood Level Rim. - The edge of the receptacle from which water overflows.

(m) Frost Proof Closet. - A hopper with no water in the bowl and with the trap and water supply control valve located below frost line.

(n) KDHE. - The Kansas Department of Health and Environment.

(o) Plumbing. - The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping fixtures, appliances and appurtenances.

(p) Pollution. - The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree

which does not create an actual hazard to the public health but which does adversely affect the water. (q) Reduced Pressure Zone Back flow Preventer. - An assembly of two independently acting soft seated

approved check valves together with a hydraulically operating mechanically independent differential pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall

contain properly located test cocks and resilient seated shut-off valves at each end of the assembly. To be approved the assemblies must be accessible for inspection and testing and be installed in an above ground

location where no part of the assembly will be submerged.

(r) Tester. - A trained technician certified in the testing and repair of back flow preventers.

(s) Vacuum. - Any absolute pressure less than that exerted by the atmosphere.

(t) Vacuum Breaker. - A device that permits entrance of air into the water supply distribution line to prevent

back-siphonage.

(u) Water, Potable. - Water free from impurities in amounts sufficient to cause disease or harmful physiological

effects. Its quality shall conform to Kansas Department of health and Environment requirements for public water supplies.

(v) Water, Non-Potable. - Water that is not safe for human consumption or that is of questionable potability. (Ord. 3590, Sec. 2)

 

 

15-227. SAME; REQUIREMENTS. (a) General. - A public potable water supply system shall be designed, installed and maintained in such a manner as to prevent contamination from non-potable sources through cross connections or any piping connection to the system.

(b) Cross Connections Prohibited. - Cross connections are prohibited except when and where as approved by the water superintendent suitable backflow preventers are properly installed, tested and maintained to insure proper operation on a continuing basis.

(c) Interconnections. - Interconnection between two or more public water supplies shall be permitted only with the approval of the Kansas Department of Health and Environment. (K.S.A. 65-163(a))

(d) Individual Water Supplies. - Connections between a private water supply and the public potable water are prohibited. (K.S.A. 65 163(a))

(e) Connections to Boilers. - Potable water connections to boiler fee water systems in which boiler water conditioning chemicals are or can be introduced shall be made through an air gap or through a reduced

pressure zone principle back flow preventer located in the potable water line before the point where such chemicals may be introduced.

(f) Prohibited Connections. - Connection to the public potable water supply system for the following is prohibited unless properly protected by the appropriate back flow prevention devices.

(1) Bidets.

(2) Operating, dissecting, embalming, and mortuary tables or similar equipment in such installations the hose

used for water supply shall terminate at least 12 inches away from every point of the table or attachments. (3) Pumps for non-potable substances. Priming only though an air gap.

(4) Building drains, sewers, or vent systems.

(5) Commercial buildings or industrial plants manufacturing or otherwise using polluting or contaminating

substances.

(6) Any fixture of similar hazard.

(g) Refrigeration Unit Condensers and Cooling Jackets. - Except when potable water provided for a refrigeration condenser or cooling jacket is entirely outside the piping or tank containing a toxic refrigerant, the inlet connection shall be provided with an approved back flow preventer. That exchangers used to heat water for potable use shall be of the double wall type.

(h) Protective Devices Required. - The type of protective device required under this article shall be determined by the degree of hazard which exists as follows:

(1) Premiss having auxiliary water supply shall protect the public system by either an approved air gap or an approved reduced pressure principle back flow prevention assembly.

(2) Premises having water or substances which would be nonhazardous to the health and well being of the consumers shall protect the public system with no less than an approved double check valve assembly.

(3) Premises where material dangerous to health is handled in a manner which creates an actual or potential hazard shall protect the public system by an approved air gap or an approved reduced pressure principle back flow prevention assembly.

 

(4) Premises where cross connections are uncontrolled shall protect the public water supply by installing an approved air gap or an approved reduced pressure principle back flow prevention device at the service connection.

(5) Premises where because of security requirements or other prohibitions it is impossible to complete an

implant cross connection inspection, the public system shall be protected by an approved air gap or an approved reduced pressure principle back flow prevention assembly.

Premises which may fall into one or more of the above mentioned categories may be, but are not limited to the following:

(A) Beverage bottling plants.

(B) Buildings - hotels, apartments, public or private buildings, or other structures having actual or potential

cross connections.

(C) Car wash facilities.

(D) Chemical manufacturing, handling, or processing plants. (E) Chemically contaminated water.

(F) Dairies and cold storage facilities.

(G) Film or photography processing laboratories.

(H) Fire systems.

(I) Hospitals, medical centers, morgues, mortuaries, autopsy facilities, clinics, or nursing and convalescent

homes.

(J) Irrigation systems.

(K) Laundries.

(L) Metal cleaning, processing, or fabricating plants.

(M) Oil and gas production, storage, or transmission facilities. (N) Packing or food processing plants.

(O) Paper and paper products plants. (P) Power plants.

(Q) Radioactive materials plants or handling facilities. (R) Restricted or classified facilities.

(S) Rubber plants.

(T) Sand, gravel, or asphalt plants. (U) Schools or colleges.

(V) Sewage and storm drainage facilities and reclaimed water systems. (W) Solar heating systems.

(X) Temporary service - fire hydrants, air valves, blow-offs and other outlets. (Y) Water front marinas.

(Ord. 3590, Sec. 3)

 

15-228. SAME; INSTALLATION. Approved devices shall be installed at all fixtures and equipment where back flow or back-siphonage may occur and where a minimum air gap between the potable water outlet and the fixture or equipment flood-level rim cannot be maintained. Back flow and back-siphonage devices of all types shall be in an accessible location. Installation in pits or any other location not properly drained shall be prohibited, except that dual check valves may be installed in the meter box.

 

(a) Connections Not Subject To Back Pressure. - Where a water connection is not subject to back pressure, a vacuum breaker shall be installed on the discharge side of the last valve on the line serving the fixture or equipment. A list of some conditions requiring protective devices of this kind are given in the following table title Cross Connections Where Protective Devices are Required.

 

CROSS CONNECTIONS WHERE PROTECTIVE DEVISES ARE REQUIRED AND CRITICAL LEVEL (C-L) SETTINGS FOR VACUUM BREAKERS

 

Fixtures or Equipment Method of Installation

Aspirators & ejectors C-L at least six inches above flood level of receptacle served

Dental Units On models without built in vacuum breakers C L at least six inches above flood level rim of bowl

 

Commercial dish washing machine C-L at least six inches above flood level of machine. Installed on both hot and cold water supply lines

 

Garbage can cleaning machines C-L at least six inches above flood level of machine. Installed on both hot and cold water supply lines.

 

Hose outlets C-L at least six inches above highest point on hose line

 

Commercial laundry machines C-L at least six inches above flood level of machine. Installed n both hot and cold water supply lines

 

Lawn sprinklers C-L at least six inches above highest sprinkler head or discharge outlet above flood level rim

 

Tanks and vats C-L at least six inches above flood level rim or line

 

Through urinals C-L at least 30 inches above perforated flush pipe

 

Flush tanks Equipment with approved ball cock, installed according to manufacturer's instructions

 

 

Hose bibs C-L at least six inches above flood level of receptacle served

 

(b) Connections Subject To Back Pressure. - Where a potable water connection is made to a line, fixture, tank, vat, pump, or other equipment with a hazard of back flow or back-siphonage where the water connection is subject to back pressure, and an air gap cannot be installed, the water superintendent may require the use of an approved reduced pressure principle back flow preventer. A partial list of such connections is shown in the following table Partial List of Cross Connections Subject to Back Pressure.

 

PARTIAL LIST OF CROSS CONNECTIONS SUBJECT TO BACK PRESSURE

Chemical lines Pumps

Dock water outlets Steam lines

Individual water supplies Swimming pools

Industrial process water lines Pressure tanks

Tanks & vats - bottom inlets Hose bibs

(c) Barometric Loop. - Water connections where an actual or potential back-siphonage hazard exists may in lieu of devices specified above be provided with a barometric loop. Barometric loops shall precede the point of connection.

(d) Dual Check Valve. - Dual check valves may be installed at the meter. These valves shall be inspected and repaired not less frequent than every third year. These valves shall be installed only in situations where the water superintendent is assured that only non-contaminating substances are subject to back flow into the potable system.

(e) Vacuum Breakers. - Atmospheric vacuum breakers shall be installed with the critical level at least six inches above the flood rim of the fixture they serve and on the discharge side of the last control valve to the fixture. No shut off valve or faucet shall be installed beyond the atmospheric vacuum breaker. Pressure vacuum breakers shall be installed with the critical level at least 12 inches above the flood rim but may have control valves down stream from the vacuum breaker. For closed equipment or vessels such as pressure sterilizers the top of the vessel shall be installed on the discharge side of the pressure vacuum breaker.

(Ord. 3590, Sec. 4)

 

 

15-229. SAME; MAINTENANCE AND REPAIR. It shall be the responsibility of building and premise owners to maintain all back flow preventers and vacuum breaks within the building or on the premises in good working order and to make sure no piping or other arrangements have been installed for the purpose of bypassing the back flow devices. Testing and repair of these devices should be made by qualified technicians. (Qualified

technicians are those technicians who have completed a Kansas Department of Health and Environment approved training curse and have passed a written examination such as the American Back flow Prevention Association device testers examination.) The water superintendent shall certify the device testers after ascertaining the technician meets the above qualifications. The water superintendent will also assure the proper installation of all back flow preventers and wills et appropriate testing and overhaul schedules for such devices. Testing intervals shall not exceed one year and overhaul intervals shall not exceed five years.

(a) Certified Tester/Repair Technicians. - All certified test/repair technicians shall be re-certified at not less than

three year intervals. Persons certified as tester/repair technicians at the time of the adoption of Ordinance No.

3590 shall continue to be certified for a period of not more than three years as determined by the water

superintendent. (Ord. 3590, Sec. 5)

 

15-230. SAME; PENALTIES AND FINES; NOTIFICATION. The water superintendent shall notify the owner, or authorized agent of the owner, of a building or premises, in which there is found a violation of this article, of such violation. The water superintendent shall set a reasonable time for the owner to have the violation

corrected. If the owner fails to correct the violation within the specified time the city shall cease delivery of water

to the building or premises until the violation shall be satisfactorily corrected. (Ord. 3590, Sec. 6) ARTICLE 3. SEWERS

15-301. DEFINITIONS. Unless the context clearly indicates otherwise, the meaning of terms as used in this article shall be as follows:

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

centigrade, expressed in milligrams per liter.

(b) Building Drain - shall mean that part of the lowest horizontal piping of a drainage system which receives the

discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

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

(d) Combined Sewer - shall mean a sewer receiving both surface runoff and sewage.

(e) Garbage - shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing

of food, and from the handling, storage and sale of produce.

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

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

(h) Person - shall mean any individual, firm, company, association, society, corporation, or group.

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

(j) Properly Shredded Garbage - shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.28 centimeters) in any dimension.

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

(l) Sanitary Sewer - shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(m) 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.

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

(o) Sewage Works - shall mean all facilities for collecting, pumping, treating and disposing of sewage. (p) Sewer - shall mean a pipe or conduit for carrying sewage.

(q) Shall - is mandatory and May is permissive.

 

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

(s) Storm Drain (sometimes termed 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.

(t) Superintendent - shall mean the superintendent of water and sewer department of the city or the authorized deputy, agent or representative.

(u) 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.

(v) Watercourse - shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 3141, Art. I, Secs. 1:22)

 

15-302. DISPOSAL IN SEWERS. 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. 3141, Art. II, Sec. 1)

 

15-303. NATURAL OUTLET. 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. 3141, Art. II, Sec. 2)

 

15-304. PRIVY UNLAWFUL. 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.

3141, Art. II, Sec. 3)

 

15-305. SEWER CONNECTION REQUIRED. The owner of all houses, building, 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 of the property line.

(Ord. 3141, Art. II, Sec. 4)

 

15-306. SAME. Where a public sanitary or combined sewer is not available under the provisions of section 15-

305, the building sewer shall be connected to a private sewage disposal system complying with the provisions

of this article.

(Ord. 3141, Art. III, Sec. 1)

 

 

15-307. PERMIT. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the City Clerk or the Sewer Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement with duplicate plans, specifications, and other information as are deemed necessary by the City Clerk or the Sewer Superintendent. A permit and inspection fee of $30.00 shall be paid to the city at the time the application is flied. A permit and inspection fee of $50.00 shall be paid to the city at the time application is filed for applicants outside corporate city limits. (Ord. 4061, Sec. 1; Ord. 3141, Art. III, Sec. 2; Code 2007)

 

15-308. SAME; INSPECTION. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. 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 city clerk or the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the city clerk or the superintendent. (Ord. 3141, Art. III, Sec. 3)

 

15-309. SAME; DISCHARGE. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Kansas Department of Health and 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 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 3141, Art. III, Sec. 4)

 

15-310. DIRECT CONNECTION. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15 409, 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. 3141, Art. III, Sec. 5)

 

15-311. MAINTENANCE. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(Ord. 3141, Art. III, Sec. 6)

 

15-312. SAME; ADDITIONAL REQUIREMENTS. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer of Greenwood County, Kansas.

(Ord. 3141, Art. III, Sec. 7)

 

15-313. CONNECTION. When a public sewer becomes available, the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean back-run gravel or dirt.

(Ord. 3141, Art. III, Sec. 8)

 

15-314. PERMIT; CONNECTIONS. 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 city clerk or the superintendent. (Ord. 3141, Art. IV, Sec. 1)

 

 

15-315. SAME. There shall be two classes of building sewer permits (a) for residential and commercial service; and (b) 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 with duplicated plans, specifications, or other information considered pertinent in the judgment of the city clerk of the superintendent. A permit and inspection fee of $10.00 for a residential or commercial building sewer permit and $20.00 for an industrial building sewer permit shall be paid to the city at the time the application is filed. (Ord. 3141, Art. IV, Sec. 2)

 

15-316. COSTS. 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. (Ord. 3141, Art. IV, Sec. 3)

 

15-317. SEWER FOR EACH BUILDING. A separate and independent building sewer shall be provided for

every building; except where one building stands at the rear of another on an interior lot and no private sewer is

available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 3141, Art. IV, Sec. 4)

 

15-318. OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this article. (Ord. 3141, Art. IV, Sec. 5)

 

15-319. SEWER; SPECIFICATIONS. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joint, testing and backfilling the trench, shall all conform to the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. (Ord. 3141, Art. IV, Sec. 6)

 

15-320. SAME. 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 in the public sewer, sanitary sewage carried by such building drain shall be left by an approved means and discharged to the building sewer. (Ord. 3141, Art. IV, Sec. 7)

 

15-321. SAME. No person shall make connection of roof down spouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 3141, Art. IV, Sec. 8)

 

15-322. SAME. 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, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the city clerk or the superintendent before installation. (Ord. 3141, Art. IV, Sec. 9)

 

15-323. SAME. The applicant for the building sewer permit shall notify the city clerk or the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or a designated representative. (Ord. 3141, Art. IV, Sec. 10)

 

15-324. SEWER EXCAVATIONS; DAMAGES. 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. 3141, Art. IV, Sec. 11)

 

15-325. SEWER DISCHARGES. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(Ord. 3141, Art. V, Sec. 1)

 

15-326. SAME. 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 city clerk or the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the city clerk or the superintendent, to a storm sewer, combined sewer, or natural outlet.

(Ord. 3141, Art. IV, Sec. 3)

 

15-327. PROHIBITED DISCHARGES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

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

(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interacted 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 mg/1 as CN in the wastes as discharged to 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, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, mild containers, etc., either whole or

ground by garbage grinders. (Ord. 3141, Art. V, Sec. 3)

 

 

15-328. SAME. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such 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:

(a) Any liquids or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).

(b) Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, excess of 100 mg/1 or containing substances which may solidify become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Centigrade).

(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder

equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.

(d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether

neutralized or not.

(e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic

substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent 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 superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the

superintendent in compliance with applicable state or federal regulations. (h) Any waters or wastes having a pH in excess of 9.5.

(i) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries,

and lime residues) or of dissolved solids (such as, but 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 sewer 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 amendable to treatment or reduction by the sewage treatment processes employed, or are amendable 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.

(k) Any waters or wastes having (a) a five-day BOD greater than 300 parts per million by weight, or (2) containing more than 300 parts per million by weight or 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 superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to

300 parts per million by weight, or (2) reduce the suspended solids to 300 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 3141, Art. V, Sec. 4)

 

15-329. SAME. If any waters or wastes are discharged, or area proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 15-328 of this article, and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:

(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

(d) Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 15 434 of this article.

If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the

requirements of all applicable codes, ordinances and laws. (Ord. 3141, Art. V, Sec. 5)

 

15-330. MUD, GREASE TRAPS. 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 as to be readily and easily accessible for cleaning and inspection. (Ord. 3141, Art. V, Sec. 6)

 

15-331. PRELIMINARY TREATMENT. Where preliminary treatment for 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. 3141, Art. V, Sec. 7)

 

15-332. MANHOLES. When required by the superintendent, the owner of any property services 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 or her expense, and shall be maintained by him or her so as to be safe and accessible at all times. (Ord. 3141, Art. V, Sec. 8)

 

15-333. MEASUREMENTS; TESTS; ANALYSES. 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 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 out falls of a premise is appropriate or whether a grab samples or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composites of all out falls whereas pH's are determined from periodic grab samples.) (Ord. 3141, Art. V, Sec. 9)

 

15-334. SPECIAL AGREEMENTS. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the cit and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern. (Ord. 3141, Art. V, Sec. 10)

 

15-335. DAMAGE TO SEWERS. 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 charge of disorderly conduct. (Ord. 3141, Art. VI, Sec. 1)

 

15-336. PREMISES; AUTHORITY. 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 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 of waste treatment. (Ord. 3141, Art. VII, Sec. 1)

 

 

15-337. RULES AND REGULATIONS. While performing the necessary work on private properties referred to in section 15-336, 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 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 15-332. (Ord. 3141, Art. VII, Sec. 2)

 

15-338. SAME. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated

easement for the purposes 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. 3141, Art. VII, Sec. 3)

 

15-339. VIOLATIONS. Any person found to be violating any provision of this article except section 15-335 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. (Ord. 3141, Art. VIII, Sec. 1)

 

15-340. SAME. Any person who shall continue any violation beyond the time limit provided for in section 15-

339 shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding

$100.00 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a

separate offense. (Ord. 3141, Art. VIII, Sec. 2)

 

15-341. SAME. Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. 3141, Art. VIII, Sec. 3)

 

15-342. SEWER SERVICE CHARGE. The monthly charge for sewer service shall be as follows:

(a) It shall be unlawful for any person to dispose of sewage in the city sewer system without having first paid a fee as provided for herein to the city clerk and procuring a permit from the clerk authorizing such disposal.

(b) Each contributor shall pay a charge rate for operation and maintenance, including replacement, of $0.31 per

1,000 gallons of water metered. The minimum charge per month shall be $19.36.

(c) Any person violating any of the provisions of this article or disposing of sewage contrary to the conditions stated upon the permit provided for herein shall, upon conviction, be fined not to exceed $100.00. Each occurrence shall be considered a separate offense.

 

(d) For sewer service provided to consumers outside of the city limits. Each contributor shall pay a charge rate for operation and maintenance, including replacement, of $.43 per 1,000 gallons of water metered. If city water is furnished the minimum charge per month shall be $27.10.

(Ord. 4074, Sec. 1; Code 2007)

 

ARTICLE 4. SOLID WASTE

 

15-401. DEFINITIONS. Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a) Commercial Waste. - All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

(b) Dwelling Unit. - Any enclosure, building or portion thereof occupied by one or more persons for and as living

quarters;

(c) Garbage. - Putrescible waste resulting from the handling, processing, storage, packaging, preparation, sale,

cooking and serving of meat, produce and other foods and shall include unclean containers; (d) Multi-Family Unit. - Any structure containing more than four individual dwelling units;

(e) Refuse. - All garbage and/or rubbish or trash;

(f) Residential. - Any structure containing four or less individual dwelling units, rooming houses having no more

than four persons in addition to the family of the owner or operator, and mobile homes;

(g) Rubbish or Trash. - All non-putrescible materials such as paper, tin cans, bottles, glass, crockery, rags,

ashes, lawn and tree trimmings, tree branches, limbs, tree trunks and stumps, boxes and barrels, wood and excelsior, street sweepings and mineral refuse. Rubbish and trash shall not include earth and waste from industrial processes or manufacturing operations;

(h) Single Dwelling Unit. - An enclosure, building or portion thereof occupied by one family as living quarters.

(i) Solid Waste. - All non-liquid garbage, rubbish or trash. (Ord. 3753, Sec. 1)

 

15-402. COLLECTION. All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste. (Ord. 3753, Sec. 2)

15-403. CONTRACTS. The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste. (Ord. 3753, Sec. 3)

 

15-404. DUTY OF OWNER OR OCCUPANT. The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste

materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

(Ord. 3753, Sec. 4)

 

15-405. CONTAINERS. Residential containers shall not have a capacity of more than 35 gallons, unless otherwise approved by the director of public works. They shall be of galvanized iron or other non-rusting material of substantial construction. Each container shall be non-absorbent, having a tight fitting lid and shall be leak-proof, and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers. (Ord. 3753, Sec. 5)

 

15-406. BULK CONTAINERS. On premises where excessive amounts of refuse accumulates or where cans or bags are impractical, bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rush and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be water tight, leakproof and weather proof construction.

(Ord. 3753, Sec. 6)

 

15-407. ENTER PRIVATE PREMISES. Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article. (Ord. 3753, Sec. 7)

 

15-408. OWNERSHIP OF SOLID WASTE. Ownership of solid waste when placed in containers by the occupants or owners of the premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city. (Ord.

3753, Sec. 8)

 

15-409. WRAPPING GARBAGE. All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers. (Ord. 3753, Sec. 9)

 

15-410. HEAVY, BULKY WASTE. Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same. (Ord. 3753, Sec. 10)

 

15-411. HAZARDOUS MATERIALS. No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:

(a) Explosive materials;

(b) Rags or other waste soaked in volatile and flammable materials; (c) Chemicals;

(d) Poisons;

 

(e) Radio-active materials;

(f) Highly combustible materials;

(g) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease; (h) Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Ord. 3753, Sec. 11)

15-412. PROHIBITED PRACTICES. It shall be unlawful for any person to:

(a) Deposit solid waste in any container other than that owned or leased by him or her or under his or her control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b) Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(c) Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;

(d) Bury refuse at any place within the city except that lawn and garden trimmings may be composted. (Ord. 3753, Sec. 12)

 

15-413. OBJECTIONABLE WASTE. Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article. (Ord. 3753, Sec. 13)

 

15-414. UNAUTHORIZED DISPOSAL. No person shall haul or cause to be hauled any garbage, refuse or

other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment. (Ord. 3753, Sec. 14)

 

15-415. PRIVATE COLLECTORS; LICENSE REQUIRED. (a) It shall be unlawful for any person to collect or transport any solid waste within the city except an employee of the city specifically authorized for that purpose or an employee of a contractor who has contracted with the city pursuant to Section 15-403.

(b) Nothing herein shall be construed to prevent a person from hauling or disposing of lawn and/or tree waste or solid waste which is accepted at the Greenwood County Landfill provided it is done in such a manner as not to endanger the public health or safety or not to become an annoyance to the inhabitants of the city, and not to litter the streets and alleys of the city.

(c) “Lawn and/or free waste” as utilized in Article 5 of Chapter XV of the Eureka City Code is defined as grass, trees and/or shrubs and their roots, branches, limbs, or leaves.

(Ord. 3981, Sec. 2; Code 2007)

 

 

15-416. SAME; APPLICATION. Any person desiring to collect or transport solid waste within the city shall make application for a permit to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of said vehicle by the director of public works issued

not more than 15 days prior to the date of application. (Ord. 3753, Sec. 16)

 

15-417. SAME; FEE. No permit shall be issued unless the applicant shall pay to the city clerk the sum of

$25.00 per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be

effective only for the calendar year and shall expire on December 31st of the calendar year in which the permit is issued. (Ord. 3753, Sec. 17)

 

15-418. SAME; NUMBER TO BE DISPLAYED. The city clerk shall issue a license receipt together with a number, which shall be affixed to each vehicle. The number shall be placed upon such vehicle in a manner approved by the director of public works. The number shall be used only on the vehicle for which it is issued. (Ord. 3753, Sec. 18)

 

15-419. CLOSED VEHICLES. Any vehicles used by any person authorized for the collection and transportation of solid waste shall be maintained in good mechanical condition. The vehicle shall be equipped with an

enclosed body to prevent the contents leaking or escaping therefrom. Only lawn and/or free waste as defined in

Section 15-415 and solid waste which is accepted by the Greenwood County Landfill may be transported in

open-bodied vehicles provided the materials are securely tied in place and contained so as to prevent scattering along the streets and alleys. (Ord. 3981, Sec. 1; Code 2007)

 

15-420. RULES AND REGULATIONS. The collection and transportation of trash and waste materials shall be at all times under the general supervision of the director of public works, who shall have the authority by and with the consent of the council to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be