Chapter 15 · Utilities

Article 2. Sewer Use Regulations

Sections 15-201 to 15-238 · 38 sections

15-201 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 degree C 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 solids wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(f)Health Officer — shall mean the duly appointed and qualified acting County Health Officer of Montgomery County.

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

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

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

(j)PH — shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(k)Properly Shredded Garbage — shall mean the wastes from the preparation, cooking, and dispensing of food that have Ben 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.

(l)Public Sewer — shall mean a sewer in which al1 owners of abutting properties have equal rights and is controlled by public authority.

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

(n)Sewage — shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.

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

(p)Sewage Works — shall mean all facilities for collecting, pumping, treating and disposing of sewage.

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

(r)Shall is mandatory; May is permissive.

(s)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.

(t)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.

(u)Superintendent — shall mean the superintendent of the water, sewer and street department or the authorized deputy, agent, or representative.

(v)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.

(w)Watercourse — shall mean a channel in which a flow of water occurs

(Ord. 863, Sec. 1)

15-202 Unlawful deposits.

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. 863, Sec. 2)

15-203 Prohibited discharges.

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 wastes, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Ord. 863, Sec. 2)

15-204 Privies, septic tanks.

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. 863, Sec. 2)

15-205 Connection required.

The owner(s) of all houses, buildings or properties used for human employment, recreation, habitation, 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 sixty (60) days after date of official notice to so, provided that the public sewer is within (100) feet of the property line.

(Ord. 863, Section 2; Ord. 1021; Code 1992)

15-206 Private disposal system.

Where a public sanitary or combined sewer is no available under the provisions of section 15-205, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 863, Sec. 3)

15-207 Same; permit.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the 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 superintendent. A permit and inspection fee of $5 shall be paid to the city at the time the application is filed.

(Ord. 863, Sec. 3)

15-208 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 supplicant 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 24 hours of the receipt of notice by the superintendent.

(Ord. 863, Sec. 3)

15-209 Same; specifications.

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 and the Uniform Plumbing Code. 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. 863, Sec. 3)

15-210 Connection to Public Sewer.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 15-205, a direct connection shall be made to the public system within sixty (60) days in compliance with this Article and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with gravel, or dirt.

(Ord. 863, Sec. 3; Ord. 1021; Code 1992)

15-211 Same; operation.

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. 863, Sec. 3)

15-212 Same; requirements of health officer.

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

(Ord. 863, Sec. 3)

15-213 Connections, permits.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

(Ord. 863, Sec. 4)

15-214 Same; application fee.

There shall be two classes of building sewer permits:

(a)For residential and commercial service, and

(b)For service in 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 superintendent. A permit, inspection and tap fee of $75 for a residential or commercial building sewer permit and $75 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 863, Sec. 4)

15-215 Expenses, damage.

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. 863, Sec. 4)

15-216 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. 863, Sec. 4)

15-217 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. 863, Sec. 4)

15-218 Specifications.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of any building and plumbing code or other applicable rules and regulations adopted by the city.

(Ord. 863, Sec. 4)

15-219 Elevation.

(a)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 public sewer 7 sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged into the building sewer.

(Ord. 863, Sec. 4)

15-220 Connection standards.

The connection of the building sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations adopted by the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(Ord. 863, Sec. 4)

15-221 Same; inspection.

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or a designated representative.

(Ord. 863, Sec. 4)

15-222 Barricades, lights.

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. 863, Sec. 4)

15-223 Downspouts, drains.

No person shall make connections of roof downspouts, exterior and interior foundation drains, area way drains or other sources of surface run-off or ground water to a building sewer or building drain which in turn is connected directly or indirectly to the public sanitary sewer, without prior written approval of the superintendent in each instance.

(Ord. 977; Code 2022)

15-224 Sanitary sewers.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, sub-surface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer, unless expressly permitted to do so in writing in each instance by the Superintendent.

(Ord. 977; Code 2022)

15-225 Storm sewers.

Stormwater 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 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. 863, Sec. 5)

15-226 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 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 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, milk containers, etc., either whole or ground by garbage grinders

(e)Any waters or wastes having (1) a 5-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 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 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 superintendent and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 863, Sec. 5)

15-227 Same; discretion of superintendent.

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 sewer, 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 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 150°F (65°C)

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

(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 (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 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 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.

(Ord. 863, Sec. 5)

15-228 Same; procedure.

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 15-227 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/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 15-233 of the 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. 863, Sec. 5)

15-229 Interceptors.

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. 863, Sec. 5)

15-230 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. 863, Sec. 5)

15-231 Manholes.

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances hi 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. 863, Sec. 5)

15-232 Testing.

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 outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Nor m ally, 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. 863, Sec. 5)

15-233 Industrial waste.

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

(Ord. 863, Sec. 5)

15-234 Damaging 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.

(Ord. 863, Sec. 6)

15-235 Right of entry.

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 for waste treatment.

(Ord. 863, Sec. 7)

15-236 Same; damage, liability.

While performing the necessary work on private properties ref erred to in section 15-235 above, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees 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 15-231.

(Ord. 863, Sec. 7)

15-237 Easement.

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, 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. 863, Sec. 7)

15-238 Violations.

(a)Any person found to be violating any provision of this article except section 15-234 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.

(b)Any person who shall continue any violation beyond the time limit provided for in subsection (a) above, shall be guilty of a violation of this article and on conviction thereof shall be fined not less than $100 nor more than $1,000, or confined in the county jail for a term not to exceed six months, or both fined and imprisoned.

(c)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. 863, Sec. 8)