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 20oC, 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) 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 groundwaters 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 stormwaters 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; 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 utilities 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. 269, Art. 1)
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. 269, Art. 2)
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. 269, Art. 2)
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. 269, Art. 2)
The owner of all houses, buildings or properties used for human occupancy, employment, or recreation situated within the city and abutting on any street, alley or right-of-way in which there is now located, or 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 to the public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that a public sewer is within 200 feet of the structure to be served by the sewer.
(Ord. 429, Sec. 1)
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. 269, Art. 3)
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 $200 shall be paid to the city at the time the application is filed.
(Ord. 269, Art. 3; Code 2019)
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 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. 269, Art. 3)
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the county health officer. 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. 269, Art. 3)
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-309, a direct connection shall be made to the public within 60 days in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with clean backrun gravel or dirt.
(Ord. 269, Art. 3)
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. 269, Art. 3)
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.
(Ord. 269, Art. 3)
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. 269, Art. 4)
The owner or his or her agent shall make application for connection to sanitary sewer 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. Prior to and as a condition to any permit being issued, the owner or his or her agent shall be obligated to pay or shall have otherwise already paid to the city the following:
(a) The applicable permit and inspection fee shall be due at the time of application, as the same is established and re-established from time to time as deemed necessary by the governing body by simple resolution which shall at all times be on file with the city clerk.
(b) Separate and apart from and in addition to the permit and inspection fee, regardless of whether an assessment has been made for lateral sewer or a connection fee paid pursuant to subsection (a) above, where property is located within an established sewer district, a sewer district connection fee shall be paid by the owner of any property (or his or her agent) proposing to connect to city sewer. As used herein, sewer district shall mean an area of land previously or hereafter specifically designated by the governing body of the city (pursuant to K.S.A. 12-617 et seq. or similar provisions of state law) to benefit from a previously established sewer line, sewer main, or other related improvement (specifically including the Tanglewood Sewer District established by Ordinance No. 509 of the city). The sewer district connection fee shall be the fee specifically determined by the city staff to represent the proportionate share of total costs of the sewer district improvements for each sewer district and shall be equivalent to the individual unit or total per lot cost ultimately assessed within the sewer district for the sewer line or related improvements benefitting the sewer district (including, but not limited to, construction, excavation and material costs, as well as legal, administrative, fiscal, engineering, finance and interest costs directly related to the improvements), once final costs are known.
(c) Subject to subsection (d), the sewer district connection fee shall be due for any property within a sewer district proposing to connect to the city sewer service upon either of (i) the approval of the application for connection, or (ii) the acceptance of a petition for special assessment for sewer improvements necessitating a connection, as the case may be. If the sewer district connection fee is not timely paid, the city clerk of the city shall from time to time and not less often than annually, certify to the county clerk of the appropriate county, the legal description of the real property to which the services were provided, along with the sum of such delinquent charges, including penalty and interest accrued, to be placed upon the tax rolls for collection. Upon such certification the charges shall become a lien against the property upon which they are certified, subject to the same penalties and collected in the same manner as taxes levied against the property are by law collectible.
(d) As an alternative to paying the sewer district connection fee at the time of approval of application or acceptance of the special assessment petition as provided in subsection (c) above, the owner of 100% of the property to be served may request, and the city in its sole discretion may provide, the sewer district connection fee be divided into five equal annual installments and placed upon the tax rolls for collection. The installments shall include interest at the average yield borne by the city’s most recently issued general obligation bonds. Upon such certification, the charges shall become a lien against the property upon which they are certified, subject to the same penalties and collected in the same manner as taxes levied against the property are by law collectible.
(e) The procedure outlined above shall be construed as being in accordance with the laws of the State of Kansas and any provision herein deemed or finally determined to be contrary to the laws of Kansas shall be void provided that in such event the remaining provisions of this section shall remain in full force and effect.
(Ord. 514, Sec. 1; Code 2004)
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. 269, Art. 4)
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. 269, Art. 4)
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. 269, Art. 4)
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 or other applicable rules and regulations of the city.
(Ord. 269, Art. 4)
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. 269, Art. 4)
No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, sump pumps, 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. 411, Sec. 6)
The connection of the building sewer into the public sanitary sewer shall conform to the requirements of the building and plumbing code and 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 superintendent before installation. Unless otherwise approved by the city council no connection to the city main shall be made except at a point immediately adjacent to an owner’s property. Connections will not be permitted from private service lines which extend across properties owned by third persons without properly recorded easements for such lines and without the specific consent of the governing body and only in those instances when the use of such line will not interfere with or hinder future development. No such connection shall be permitted which requires a larger than a four inch unassisted service line.
(Ord. 429, Sec. 2)
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. 269, Art. 4)
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. 269, Art. 4)
No person shall discharge or cause to be discharged any stormwater, 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. 269, Art. 5)
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 superintendent to a storm sewer, combined sewer or natural outlet.
(Ord. 269, Art. 5)
(a) Any liquid or vapor having a temperature higher than 150°F (65°C)
(b) Any water or waste which may contain more than 100 parts per 1,000,000 by weight of fat, oil, or grease.
(c) Any gasoline, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(d) Any garbage that has not been properly shredded.
(e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feather, tar, plastics, wood, paunch manure, or any other solid or viscus substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(f) Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or injury to personnel of the sewage works.
(g) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, which constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
(h) Any waters or waste containing suspended solids of such character in quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant or that may degrade the quality of the treated sewage.
(i) Any noxious or malodorous gas or substance capable of creating a public nuisance.
The violation of the foregoing section by any person or entity shall constitute a public offense and upon conviction thereof may be punished by the imposition of a fine not exceeding $1,000 and by incarceration in the county jail for a period of time not to exceed 30 days. In addition thereto or in lieu of the commencement of a criminal prosecution in the municipal court, any person found to be in violation of the foregoing section shall be liable to the city for any and all costs incurred by the city or damages suffered by the city including the cost of additional operation and maintenance. Upon the discovery of a violation of the foregoing section, the city shall have the right to immediately disconnect the sewer connection giving rise to such violation.
(Ord. 412, Sec. 1)
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 or 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 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 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:
(1) A five-day BOD greater than 300 parts per million by weight, or
(2) Containing more than 350 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.
(l) 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. 269, Art. 5)
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 15-327 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 15-333 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. 269, Art. 5)
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. 269, Art. 5)
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. 269, Art. 5)
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 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. 269, Art. 5)
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. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)
(Ord. 269, Art. 5)
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. 269, Art. 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.
(Ord. 269, Art. 6)
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. 269, Art. 7)
While performing the necessary work on private properties referred to in section 15-335 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 15-331.
(Ord. 269, Art. 7)
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. 269, Art. 7)
(a) Any person found to be violating any provision of this article except section 15-334 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 in the amount not exceeding $100 for each violation. 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 for any expense, loss or damage occasioned the city by reason of such violation.
(Ord. 269, Art. 8)
(a) It shall be the duty of the owner of all real estate located within the City of Towanda, Kansas under which a sanitary sewer service line runs to maintain the same in such a fashion as to insure the surface and ground water cannot enter such service line.
(b) At any time the City Superintendent determines that a property owner’s sewer service line has deteriorated to a point that surface or ground water has or will likely be introduced into such line, the owner of such property will be notified in writing by the City Superintendent of such deficiency and shall be ordered to make such repairs as may be necessary to seal such service line to eliminate inflow or infiltration. Any person receiving an order to repair as provided for herein shall be obligated to make such repairs within not less than 90 days.
(c) Any person who contests the City Superintendent’s determination that a property owner’s service line has deteriorated to the point that surface or ground water is likely to enter the City’s sanitary sewer system may appeal said determination to the City Administrator by filing with the City Clerk within 10 days following such determination a written request for hearing. The City Administrator shall conduct such hearing within 7 days following receipt of such request and the decision of the City Administrator shall be final.
(d) In the event that a property owner fails to make repairs within 90 days following the City Superintendent’s determination, or the determination of the City Administrator (whichever is later), the City shall be authorized to make such repairs to the property owner’s service line as may be needed to protect the City sanitary sewer system from inflow and infiltration caused or likely to be caused by such service line. All costs incurred by the City in making such repairs shall be billed to the property owner who shall be required to pay the same within 30 days. Should said amount not be paid, the City shall certify such costs to the County Clerk as a special tax to be assessed against the property improved by repairs to the service line.
(Ord. 530; Code 2019)