CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 3. SEWERS

Unless otherwise indicated by the specific context, the meanings of the terms used in this article are as follows:

(a)      Access - shall mean entry into or upon any real estate or structure including any part thereof.

(b)     BOD (denoting Biochemical Oxygen Demand) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.

(c)      Building Drain - 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 building wall.

(d)     Building Sewer - The extension from the building drain to the public waste water collection system or other place of disposal.

(e)      City - shall mean the City of Baldwin City, Douglas County, Kansas, and its employees empowered to administer this ordinance.

(f)      Building Inspector - shall mean the zoning and codes administrator, or his or her authorized deputy, agent, or representative.

(g)      Combined Sewer - A sewer receiving both surface water and sewage.

(h)     Contributor - shall mean any person responsible for the production of sewage or industrial waste which is directly or indirectly discharged into the city's treatment works.

(i)      Director - shall mean the Director of Public Works of the city or his authorized deputy, agent or representative.

(j)      Domestic Waste Water - shall mean sewage that has a BOD concentration of not more than 200 mg/l and an SS concentration of not more than 240 mg/l.

(k)     Garbage - Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(l)      Industrial User - shall mean a source of non-domestic waste water which is discharged to the treatment works.

(m)    Industrial Wastes - The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(n)     Infiltration - shall mean water entering a sewer system including sewer service connection, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.

(o)     Infiltration/Inflow - shall mean a combination or infiltration and inflow waste water in sewer lines, with no way to distinguish the basic sources and with the effect of usurping the capacities of sewer systems and facilities.

(p)     Inflow - shall mean the water discharged into a sewer system, including service connection, from such sources as, but not limited to, roof leaders, cellar, yard and area drains; foundation drains; cooling water discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewers, combined sewers, catch basins, storm waters; surface water run-off; street wash waters; or drainage. Inflow does not include, and is distinguished from, infiltration.

(q)     Natural Outlet - Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

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

(s)      Person - Any individual, firm, company, association, society, corporation or group.

(t)      pH - The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(u)     Properly Shredded Garbage - The wastes from the preparation, cooking, and dispensing of food which 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 0.5 inches (1.27 centimeters) in any dimension.

(v)     Public Sewer - A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

(w)     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 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.

(x)     Residential Contributor - Any contributor to the city’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

(y)     Sanitary Sewer - A sewer which carries waste water and to which storm, surface and groundwater are not intentionally admitted.

(z)      Schedule of Compliance - shall mean a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance.

(aa)    Sewage - 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.

(bb)   Sewage Treatment Works - shall mean a system or facility for treating, neutralizing, stabilizing or disposing of sewage, which system or facility has a designed capacity to receive more than 2,000 gallons of sewage per day. The term sewage treatment works includes appurtenances such as interceptors, collection lines, outfall and outlet sewers, pumping stations and related equipment. The terms sewage treatment works and waste water treatment works as used in this chapter are synonymous.

(cc)    Sewer - A pipe or conduit for carrying sewage.

(dd)   Sewer District - shall mean a special benefit district duly formed and authorized to plan, construct, and operate a public sewage system..

(ee)    Shall - is mandatory, May is permissive.

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

(gg)    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.

(hh)   Storm Drain (Storm Sewer) - A sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.

(ii)     Treatment works - shall mean waste water treatment works.

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

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

(ll)     Watercourse - shall mean a channel in which a flow of water occurs, either continuously or intermittently.

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

(nn)   Sewer Average - For all residential customers, a sewer average will be calculated based on the water consumption during the following periods of occupancy:

Date of Initial Occupancy                          Consumption Period For Average

Prior to October l                                       October through the following March

October 1 through 31                                 November through the following March

November 1 through 30                             December through the following March

December 1 through 31                              January through the following March

Residential customers whose initial occupancy is after January 1 will not be eligible for sewer averaging in the current year.

(Ord. 859; Ord. 928; Ord. 1534)

(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 any sewage or other polluted waters into any natural outlet except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Ord. 705, Secs. 2:3)

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 within the city limits.

(Ord. 705, Sec. 4)

The owner(s) of all houses, buildings or properties used for human occupancy, employment recreation or other purposes, situated within the city and abutting any street, alley or right-of-way in which there is now located or may be located in the future, a sanitary sewer of the city is hereby required to install, at his or her expense, 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 the official notice to do so, provided that the public sewer is within 200 feet of the property line.

(Ord. 923, Sec. 1)

Where a public sanitary sewer is not available under the provisions of section 15-304, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 705, Sec. 6)

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city clerk. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of $20.00 shall be paid to the city clerk at the time the application is filed. Presently operating private sewer systems may be maintained without permit as long as they are operating properly and in compliance with city and state regulations.

(Ord. 705, Sec. 7)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the zoning and codes administrator. 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 zoning and codes administrator 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 zoning and codes administrator or his or her representative.

(Code 2005)

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 or parcel is less than 10 acres. No septic tank or cesspool system shall be permitted to discharge to any natural outlet.

(Ord. 1066, Sec. 1; Code 2005)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-308, a direct connection shall be made within 60 days to the public sewage collection system 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. 705, Sec. 10)

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. 705, Sec. 11)

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the State Board of Health.

(Ord. 705, Sec. 12)

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

(b)     There shall be two classes of building sewer permits, as follows:

(1)          for residential and commercial service; and

(2)          for service to establishments producing industrial wastes.

(c)      For either class of permit, the owner (or his or her agent) shall make application on a form provided by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city building inspector. A permit and inspection fee of $40.00 per residential or commercial building sewer permit and $100.00 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(d)     Connection fees are payable at the time application is made. The fees for any person, firm or corporation making connection to the city’s sanitary sewer/wastewater collection system shall be as follows:

(1)          Single family dwelling connections: $2,200.

(2)          Duplex connections: $3,000.

(3)          Multi-family connections: The first two units at $3,000 and then $500 for each additional unit.

(4)          Commercial and/or Industrial connections: $3,000.

(Ord. 1185, Sec. 2; Code 2007)

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. 705, Sec. 15)

A separate and independent building sewer shall be provided for every building; except where one building standards at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 705, Sec. 16)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the zoning and codes administrator to meet all requirements of this article.

(Code 2005)

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 of the city. In the absence of the 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. 705, Sec. 18)

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. 705, Sec. 19)

No person shall make connection of roof downspouts, exterior or interior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 705, Sec. 20)

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 S.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 zoning and codes administrator before installation.

(Code 2005)

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

(Code 2005)

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. 705, Sec. 23)

(a)      No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(b)     Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or combined sewers, or to a natural outlet approved by the zoning and codes administrator. Industrial cooling water or unpolluted process waters may be discharged on approval of the zoning and codes administrator, to a storm sewer, combined sewer, or natural outlet.

(Code 2005)

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 2 mg/1 as CN in the wastes as discharged to the public sewer.

(c)      Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(d)     Solid or viscous substances in quantities or of such size capable of causing obstructions 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 fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(Ord. 705, Sec. 26)

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 director of public works 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 director of public works 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 plan, and other pertinent factors. The substances prohibited are:

(a)      Any liquid or vapor having a temperature higher than 150° F (65 degrees Celsius).

(b)     Any water or waste containing fats, wax, grease, or oils whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures 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 3/4 horsepower (.076 hp metric) or greater shall be subject to the review and approval of the director of public works.

(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 director of public works 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 director of public works as necessary, after treatment of the composite sewage to meet the requirements of the 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 director of public works 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 and sodium sulfate).

(2)          Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3)          Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4)          Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(j)      Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(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 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 director of public works the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to (1) reduce the bio-chemical 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 other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director of public works and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Code 2005)

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 15-324, and which in the judgment of the director of public works may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or would otherwise create a hazard to life or constitute a public nuisance, the director of public works 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 user charges under the provisions of this article.

If the director of public works 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 director of public works, and subject to the requirements of all applicable codes, ordinances, and laws.

(Code 2005)

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

(Code 2005)

Where preliminary treatment of flow-equalizing facilities are provided for any water wastes, they shall be maintained continuously in satisfactory and effective operation by the owner, at his or her expense.

(Ord. 705, Sec. 30)

(a)      When required by the director of public works, 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 construed in accordance with plans approved by the director of public works. 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.

(b)     All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be performed by a laboratory approved by the director of public works and 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 the 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 building sewers 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 building sewers whereas pH's and heavy metals are determined from periodic grab samples.)

(c)      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. 705, Secs. 31:33)

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

(Ord. 705, Sec. 34; Code 1985)

(a)      The zoning and codes administrator 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 zoning and codes administrator, 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 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 (a) above, the zoning and codes administrator 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 this article.

(c)      The zoning and codes administrator 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 wastewater collection system lying within said 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. 705, Secs. 35:37)

(a)      Any person found to be violating any provisions of this article, except section 15-329, 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 in (a) above, shall be in violation of this article. 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 be liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.

(Ord. 705, Secs. 38:40; Code 1985)

The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.

(Ord. 705, Sec. 43)

Any owner or owners desiring to make a connection to the city sewage system shall apply in writing to the city clerk and the application shall contain the following information and statements;

(a)      Legal description of the property to be connected;

(b)     The name and address of the owner or owners of the property;

(c)      The kind of property to be connected (whether residential, commercial or industrial);

(d)     The number and kind of sewer intake openings to be connected;

(e)      The exact point of proposed connection to the city sewer main or lateral.

The application shall be signed and acknowledged by all owners of the premises described in the application.

(Code 1971, 12-102)

The city clerk shall, upon receiving any application aforesaid, present the same to the governing body at its next regular meeting. If the governing body shall find that all requirements made herein have been satisfied by the applicant, the governing body may direct the city clerk to issue a permit to the applicant. No permit shall be issued to make a 4” line connection with any main or lateral outside of the sewer district or to make connection with a main or lateral for the purpose of providing a sewer to any property which has not been specially assessed or is not legally liable to special assessment for the cost of sewer laterals until the fee hereinbefore required is paid.

(Code 1971, 12-103)

If any person or persons shall fail, neglect or refuse to connect any dwelling or building with the sewer system of the city as hereinbefore required, for more than 10 days after being notified to do so by the board of health, the governing body may cause such building to be connected with the sewer system as authorized by law. Notice given by the board of health shall require that the connection to the public sewer shall comply with plumbing regulations of the city for the construction of plumbing and installation of plumbing fixtures within buildings and the laying of building sewer drains. For the purpose of this article a notice may require that not less than the following plumbing fixtures be installed and connected to the building drainage system: one kitchen sink or slop sink, one wash basin or lavatory, one bathtub or shower stall and one water closet. All such installations shall be made upon an application, the issuance of a plumbing permit and the payment of such inspection fees as may be required in other cases.

(Code 1971, 12-106)

If any person or property owner refuses or fails to comply with the provisions of the foregoing section, within 10 days after receiving the notice, the governing body may advertise for bids for the construction and installation of the necessary sewer connections and house plumbing hereinbefore required and contract with the lowest responsible bidder or bidders for the purpose of making such connection and installation and shall assess the costs and expenses thereof, including the inspection fees against the property or premises so connected to the sewer as provided by law. Until such assessments shall have been collected and paid to the city treasurer the cost of making such connection by the city may be paid from the general operating fund of the city.

(Code 1971, 12-107)

(a)      The city clerk is hereby authorized to place the amount of sewer service charges on the monthly billing for water fees, which is to be sent on or about the 10th day of each month for the preceding billing period, and the consumer shall be required to pay the bill in full by 5:00 p.m. on the 25th day (the “Due Date”) of that same month. If the Due Date is not a business day for the City, any payment received by the City by 5:00 pm on the next business day after the Due Date will be recorded as being paid on the Due Date.

(b)     If the account is not paid in full by the Due Date, a late payment charge of ten percent (10%) of the amount due shall be added to the unpaid bill on the first business day following the Due Date.

(c)      If the account is not paid in full by 5:00 p.m. on the 5th day of the following month (the “Termination Date”) in which the bill comes due, the sewer service shall be discontinued pursuant to sections 15-118:120 of this article. If the Termination Date is not a business day for the City, any payment received by the City by 5:00 pm on the next business day after the Termination Date will be recorded as being paid on the Termination Date. The service shall remain discontinued until the account is paid in full, including a charge of $70.00 which shall be made for reconnecting such service.

(Ord. 1211, Sec. 3; Code 2008; Ord. 1239, Sec. 3; Ord. 1302)

A sewer maintenance charge system is hereby established, pursuant to the federal regulations that a charge system must generate sufficient revenue to offset the operation, maintenance and replacement costs of the sewage treatment system, as follows:

(a)      Sewer service charges.

(1)          A monthly sewer service charge shall be made to all water customers connected to the city sewer.

(2)          For residential contributors, monthly sewer service charges on sewer service billings distributed during the twelve months beginning in May of each year shall be based upon the Sewer Average as defined in Section 15-301. If a residential contributor has not established a Sewer Average, and until that residential contributor establishes such Sewer Average, then that residential contributor's monthly sewer service charge shall be based upon actual water consumption during the most recent monthly billing period but allowing for the following exceptions:

(A)         Any residential contributor who has not established a Sewer Average and is establishing a lawn for a newly constructed residence may apply for an exemption and a charge based on the city-wide average of 600 cubic feet of water consumption upon the city being satisfied, at the discretion of the City Administrator, that a newly constructed residence is in need of establishing a lawn.

(B)          Any residential contributor who has not established a Sewer Average and is filling a swimming pool which contains more than ten thousand (10,000) gallons may apply for an exemption and a charge based on the city-wide average of 600 cubic feet of water consumption upon the city being satisfied, at the discretion of the City Administrator, that the swimming pool would contain more than ten thousand (10,000) gallons.

(3)          For all contributors other than residential contributors, monthly sewer service charges shall be based upon the actual or estimated amount of water consumed by that contributor during the most recent monthly billing period. If a contributor other than a residential contributor uses any water which legally does not enter into the city’s wastewater collection system, then the monthly sewer service charge for that contributor may be adjusted by the city upon the city being satisfied by substantial evidence provided to the city by such a contributor that such an adjustment would be fair and due.

(4)          The monthly sewer service charge shall be based upon the sum of the following rates;

(A)         A monthly customer charge of $16.00; plus

(B)          For any actual or estimated amount of water consumed each monthly billing period (or the average of the most recent three months of December, January and February in the case of residential contributors, if such an average has been established), a unit charge as follows:

(i)           Through December 31, 2015 such charge shall be $4.53 for each 100 cubic feet of water used per water meter.

(ii)          From January 1, 2016 through December 31, 2016 such charge shall be $5.33 for each 100 cubic feet of water used per water meter.

(iii)         From January 1, 2017 through December 31, 2017 such charge shall be $6.27 for each 100 cubic feet of water used per water meter.

(C)          For any actual or estimated amount of water consumed each monthly billing period (or the average of the most recent three (3) months of December, January and February in the case of residential contributors, if such an average has been established) in excess of 100 cubic feet, a unit charge of $3.50 for each additional 100 cubic feet per water meter.

(5)          Any contributors to the city’s wastewater treatment works who are located outside of the city’s corporate limits shall be charged a surcharge equal to one-half of the rates set forth in subsection (iv) above in addition to those same rates. The surcharge shall also be in addition to any other surcharges as set forth herein.

(b)     No un-metered water will be permitted through the city sanitary sewer lines.

(c)      The first year of operational, maintenance and replacement costs shall be based upon engineer's estimates as to such costs.

(d)     The sewer usage charge shall be reviewed annually and revised to accomplish the following:

(1)          maintain proportional distribution of operational, maintenance and replacement costs, among user and user classes as required by federal regulations.

(2)          generate sufficient revenue to pay the total operations, maintenance and replacement costs necessary to the proper operation and maintenance of the treatment works system.

(3)          apply excess revenue collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.

(e)      Each user shall be notified by notice in the regular billings at least annually of the rate and that portion of the user charges which are attributable to waste water treatment services.

(f)      When BOD, suspended solids, or other pollutant concentrations from a user exceed the range of concentration of these pollutants in normal domestic waste water (as defined in Section 15-301(j)) a surcharge added to the base charge, calculated by means of the following formula, will be levied.

Cs = (Bc (B) + Sc (S) + Pc (P) ) Vu

Where:

Cs = A surcharge for wastewaters of excessive strength.

Bc = Cost for treatment of a unit of biochemical oxygen demand (BOD).

B = Concentration of BOD from a user above a base level.

Sc = Cost for treatment of a unit of suspended solids.

S = Concentration of SS from a user above a base level.

Pc = Cost for Treatment of a Unit of any pollutant.

P = Concentration of any pollutant from a user above a base level.

Vu = Volume contribution from a user per unit of time.

(Code 1971, 12-202; Ord. 705; Ord. 789, Ord. 821; Ord. 928; Ord. 961; Ord. 1025; Ord. 1123; Ord. 1124; Ord. 1166; Ord. 1167; Ord. 1199; Code 2008; Ord. 1325; Ord. 1354)

(a)      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 ordinance. The director or his representatives shall have no authority to inquire into any process 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 this chapter, the 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 this chapter.

(c)      The 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 treatment works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(d)     If, after proper request, entry or access is refused, the city may compel such access by application to a court of competent jurisdiction.

(e)      In the event that entry or access is denied after the issuance of a court order, as provided in (d) above, the Director may file a complaint in the Municipal Court against such person, partnership, corporation, or association, who, upon conviction of any violation of this section, may be fined an amount not to exceed $100.00 or be imprisoned for a period not to exceed 30 days or be both fined and imprisoned.

(Ord. 859, Sec. 1)

Excessive inflow and infiltration of storm water from any source, private or public, into the sanitary sewage system of the city is a hazard to the health, safety, and welfare of the citizens of Baldwin City, because such infiltration and inflow overloads the capacity of both the sanitary sewer lines and treatment facilities. It is, therefore, necessary for the city to adopt a uniform system of rules, regulations and standards to eliminate sources and prevent inflow and infiltration from entering the public sanitary sewage system from private property.

(Ord. 859, Sec. 1)

(a)      The Director of Public Works, or his designated representative, may issue an order directing the owner to disconnect a private infiltration or inflow source from the sanitary sewer system. The order may state a deadline for compliance, but such deadline shall not be sooner than 30 days nor longer than 1 year after issuance of the order. Within 10 days after receipt of the order, the owner may, in writing, request a review hearing before the city council. The filing of such a written request shall act as a stay or order until after hearing. After such hearing, the city council may affirm, set aside, or modify such order.

(b)     The city may terminate sanitary sewage service by discontinuing water service to any premises the owner of which failed or refused to comply with an order to disconnect an inflow and/or infiltration source from the sanitary sewer system within the time allotted.

(c)      The city may abate and temporarily or permanently enjoin the continuing connection of a private infiltration or inflow source as a nuisance, in any court of competent jurisdiction.

(d)     Penalties for violation of any provision of Section 15-340 and 14-341 are described in Section 15-339(e).

(Ord. 859, Sec. 1)

(a)      Effective with the utility bills issued during September, 2016, this utility will assess to all customers a Franchise Fee of 2.5% of the gross utility fees billed to the customer in the billing cycle. Late fees and any other non-revenue charges will be excluded from the Franchise Fee calculation.

(b)     Effective with the utility bills issued during April, 2017 and continuing thereafter, each utility will assess to all customers a Franchise Fee of 5% of the gross utility fees billed to the customer in the billing cycle. Late fees and any other non-revenue  charges will be excluded from the Franchise Fee calculation.

(Ord. 1346; Ord. 1366)