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 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 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 particles greater than one-half inch in any dimension.
(k) Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
(l) Public Works Director shall mean the director of public works of the City of Eudora, or his or her authorized deputy, agent, or representative.
(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) 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. 734, Sec. 1; Code 2016)
(a) It shall be unlawful for any person to place, deposit, or permit to be deposited any human or animal excrement, garbage, or other objectionable waste in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city.
(b) 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.
(c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(d) The owner of all houses, buildings, or properties used for human occupancy, 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 150 feet of the property line.
(Ord. 734, Sec. 2)
(a) Where a public sanitary or combined sewer is not available under the provisions of section 15-402(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(b) Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the public works director. The application for such permit shall be made in the form of a typewritten letter to the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the public works director. A permit and inspection fee, as set by resolution of the city commission from time to time, shall be paid to the city at the time the application is filed.
(c) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the public works director. 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 public works director when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two business days of the receipt of notice by the public works director.
(d) 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 25,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(e) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-403(d), a direct connection shall be made to the public sewer in compliance with this article within 60 days, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(f) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(g) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the State Health Officer.
(Ord. 734, Sec. 3; Code 2016)
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the public works director.
(b) There shall be two classes of building sewer permits (i) for residential and commercial service, and (ii) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the public works director. The permit and inspection fee shall be paid to the city at the time the application is filed.
(c) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(d) A separate and independent building sewer shall be provided for every building; 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.
(e) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this article. Any cost associated with the excavation and testing of the existing building sewer shall be borne by the owner.
(f) 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 the trench, shall all conform to the requirements of the building and plumbing code and other applicable rules and regulations of the city.
(g) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(h) No person shall make connection of roof downspouts, interior or 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.
(i) 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. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the public works director before installation.
(j) The applicant for the building sewer permit shall notify the public works director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director or his or her representative.
(k) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. 734, Sec. 4)
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior or exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewer or storm sewer, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged on approval of the public works director, to a storm sewer, combined sewer, or natural outlet.
(c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid, or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to 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/l (as CN) in the wastes as discharged to the public sewer.
(3) 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, or personnel of the sewage works.
(4) 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, underground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(d) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the public works director, 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 public works director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of constructions 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:
(1) Any liquid or vapor having a temperature higher than 140 degrees F°.
(2) Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 140 degrees F°.
(3) Any garbage that has not been properly shredded.
(4) Any waters or wastes containing strong acid, iron pickling wastes, or metal plating solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the public works director, or results in the treatment works exceeding the discharge limits established by KDHE for such materials.
(6) Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the public works director 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.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the public works director in compliance with applicable state or federal regulations.
(8) Any waters or wastes having a pH in excess of 9.5.
(9) Materials which exert or cause:
(A) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).
(B) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(C) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(D) Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plan effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes having the properties listed below shall be considered to be unacceptable without prior written agreement (maximum one-year period) of the public works director:
(A) Having a BOD greater than 250 mg/L (parts per million by weight).
(B) Containing more than 300 mg/L (parts per million by weight) of suspended solids.
(C) Having an average daily flow greater than two percent of the average sewage flow of the city.
(12) Where necessary in the opinion of the public works director, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:
(A) Reduce the biochemical oxygen demand to 250 mg/l (parts per million by weight).
(B) Reduce the suspended solids to 300 mg/l (parts per million by weight).
(C) Control the quantities and rates of discharge of such waters or wastes.
(D) Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the public works director and no construction of such facilities shall be commenced until the approvals are obtained in writing.
(e) 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 subsection (d) of this section, and which in the judgment of the public works director, 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 public works director may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection (j).
If the public works director 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 public works director, and subject to the requirements of all applicable codes, ordinances and laws.
(f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, any flammable wastes, and sand or other harmful materials; 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 public works director and shall be located as to be readily and easily accessible for cleaning and inspection. Owner shall provide specifications and manufacturer’s recommendations for review by public works director.
(g) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(h) When required by the public works director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the public works director. 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.
(i) 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 premise is appropriate or whether a grab sample or samples should be taken.
(j) No statement contained in this section 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. 734, Sec. 5)
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. 734, Sec. 6)
(a) The public works director 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 public works director 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.
(b) While performing the necessary work on private properties referred to in subsection (a) above, the public works director 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 15-405(h).
(c) The public works director 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. 734, Sec. 7)
(a) Any person found to be violating any provision of this article except section 15-406 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) shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount set by resolution of the city commission from time to time. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of this article shall become liable to the city of any expense loss, or damage occasioned the city by reason of such violation. The city shall give notice to the owner or agent by restricted mail of the total cost of such violation incurred by the city. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. If the cost of such violation and notice is not paid within the 30 day period, the cost shall be assessed and charged against the lot or parcel of ground on which the violation occurred. If the cost is to be assessed, the city, at the time of certifying other city taxes to the county clerk, shall certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
(Ord. 734, Sec. 8; Code 2016)
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city’s treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.
(Ord. 731, Sec. 1)
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 degrees centigrade, expressed in milligrams per liter (mg/l).
(b) Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 250 mg/l, a suspended solids concentration of not more than 300 mg/l. and does not contain materials not commonly found in residential discharge.
(c) Operation and Maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor utilities, and other items which are necessary for the operation, maintenance and management of the treatment works to achieve the capacity and performance for which such works were designed and constructed.
(d) Replacement shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operation and maintenance includes replacement.
(e) Residential Contributor shall mean any contributor to the city’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes.
(f) Shall is mandatory; May is permissive.
(g) SS (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
(h) Treatment Works shall mean any devices and systems for the conveyance, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable treatment such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land applications); or any other method or system preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste in combined storm water and sanitary sewer systems.
(i) Useful Life shall mean the estimated period during which a treatment works will be operated.
(j) User Charge shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
(k) Water Meter shall mean a water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.
(l) Median Charge shall mean such value that one-half of the monthly residential charges are greater and one-half are less.
(Ord. 731, Sec. 2)
(a) Each user shall pay for the services provided by the city based on his or her use of the treatment works as determined by water meter(s) acceptable to the city.
(b) For residential contributors, monthly user charges will be based on the average monthly water usage during the months of December, January, and February immediately preceding the month for which the user charge applies. However, if the water usage for any of the immediately preceding months of December, January or February has been determined by estimating, rather than by actual meter reading, then, in that event, the city shall substitute the water usage for the immediately preceding month of March for the month the water usage was estimated rather than as determined by an actual meter reading. Until a residential contributor has established a December, January, and February average water use, and with March water usage to be substituted when and as herein provided, the contributor’s monthly user charge shall be the median charge for all other residential users.
(c) For industrial and commercial contributors, user charges shall be based on water used during the current month for which the sanitary sewer charge is incurred. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter or separate water meter installed and maintained at the contributor’s expense, and in a manner acceptable to the city.
(d) The minimum monthly sewer charge shall be as established by the city from time to time, with approval from the governing body, and shall be payment for up to 1,000 gallons of water used per month. Each contributor shall also pay a surcharge for operation and maintenance, including replacement, in an amount established by the city from time to time, with approval from the governing body, to be based on each additional 1,000 gallons of water used per month. If water service is provided to more than one domestic unit, the owner/occupant of each domestic unit shall pay the minimum monthly sewer charge and, if applicable to such unit, any surcharges.
(e) For those contributors who contribute wastewater, the strength of which is greater than Normal Domestic Wastewater, such contributors shall also pay an additional surcharge for operation and maintenance, including replacement, in an amount established by the city from time to time, with approval from the governing body, to be based on BODs and SS in excess of that value established for Normal Domestic Wastewater.
(f) The user charge rates established by this article shall apply to all users of the city’s treatment works, regardless of their location; provided, that if (i) a residential contributor relocates to another location within the city that is served by the city’s treatment works, and (ii) disconnects the meter at its former location and, within that same calendar month, (iii) establishes or connects a new meter at the new location, then the monthly sewer charges for the meter at the former location shall be waived, and the residential contributor shall instead pay for that calendar month the charges applicable to the new meter at the relocated premises, calculated as provided herein.
(Ord. 731; Ord. 736; Ord. 816; Ord. 820; Ord. 823; Ord. 845; Ord. 947; Ord. 1000; Code 2016)
(a) The city shall review the user charge system every two years, or more frequently if deemed necessary by the commission, and revise user charge rates as necessary to ensure that the system generates adequate revenue to pay the costs of operation and maintenance, including replacement and debt service, and that the user charge system continues to provide for the proportional distribution of costs among users and user classes.
(b) The city shall notify each user annually, in conjunction with a regular bill, of the rate being charged for the operation and maintenance, including replacement and debt service, of the treatment works.
(Ord. 731, Sec. 6; Code 2016)