DIVISION 1. GENERALLY

The city by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempt itself from K.S.A. 14- 567 et seq., K.S.A. 12-631 et seq., and any and all amendments thereto which apply to the city, but not uniformly to all cities, and provides substitute and additional provisions on the same subject as hereinafter provided.

(Code 1968, 14-401)

Unless the context specifically indicates otherwise, the meaning of terms used in Division 1 through 4 of 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 procedures in five days at 20 degrees centigrade, expressed in milligrams per liter.

(b)   Building Drain - shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

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

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

(e)   Garbage - shall mean the 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 waste from the preparation, cooking and dispensing of food that has 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 (1.27 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 residence, business building, institutions, and industrial establishments, together with such ground and surface waters 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 of 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 city superintendent or superintendent of sewage works, and/or of water pollution control of the city, or his or her 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.

(Code 1968, 14-402)

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.

(Code 1968, 14-403)

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.

(Code 1968, 14- 404)

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.

(Code 1968, 14-405)

The owner of all houses, buildings or properties used for human employment, recreation or other purposes, situated within the city and abutting on any street, alley to 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 Divisions 1 through 4 of this article, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line.

(Code 1968, 14-406)

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 Divisions 1 through 4 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.

(Code 1968, 14-407)

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.

(Code 1968, 14-408)

While performing the necessary work on private properties referred to in section 15-307, 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 15-337.

(Code 1968, 14-409)

(a)   Any person found to be violating any provision of Divisions 1 through 4 of this article except section 15-304 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 code violation and on conviction thereof shall be fined in the amount not exceeding $100.00 for each violation. Each 24-hour period in which any such violations 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 by the city by reason of such violation.

(Code 1968, 14-410)

 

DIVISION 2. PRIVATE SEWAGE DISPOSAL SYSTEMS

Where a public sanitary or combined sewer is not available under the provisions of section 15-306, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.

(Code 1968, 14-421)

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 is deemed necessary by the superintendent. A permit and inspection fee of $50.00 shall be paid to the city at the time the application is filed.

(Code 1968, 14-422)

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 48 hours of the receipt of notice by the superintendent.

(Code 1968, 14-423)

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. 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 one acre (43,560 square feet). No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Code 1968, 14- 424)

No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the building inspector.

(Code 1968, 14-425; Code 1990)

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

(Code 1968, 14-426)

(a)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15- 314, a direct connection shall be made to the public sewer in compliance with Divisions 1 through 4 of this article and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

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

(Code 1968, 14-427)

 

DIVISION 3. BUILDING SEWERS AND CONNECTIONS

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

(Code 1968, 14-431)

There shall be two classes of building sewer permits (a) for residential and commercial service; and (b) for service to establishments producing industrial wastes. In either case, the owner or his or her agents shall make application on a special 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 superintendent. A permit and inspection fee shall be required and will be set by the fee schedule of the city based on the type of application. The permit fee shall be paid to the city at the time the application is filed.

(Code 1968, 14-432; Ord. 1415; Code 2022)

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.

(Code 1968, 14-433)

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, 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.

(Code 1968, 14-434)

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 Divisions 1 through 4 of this article.

(Code 1968, 14-435)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joint, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specification of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(Code 1968, 14-436)

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(Code 1968, 14-437)

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 his or her representative.

(Code 1968, 14-438)

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 drainage 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.

(Code 1968, 14-439)

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

(Code 1968, 14-440)

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.

(Code 1968, 14-441)

 

DIVISION 4. REGULATION OF DISCHARGES

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of Divisions 1 through4 of this article.

(Code 1968, 14-451)

No person shall discharge or cause to be discharged any of the following described wastes or wastes to any public sewers:

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

(b)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure to 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 milligram per liter 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 of viscous substances in quantities or of flush 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, sands, 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.

(Code 1968, 14-452)

No person shall discharge or cause to be discharged any storm waters, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, or unpolluted industrial process waters to any sanitary sewer.

(Code 1968, 14-453)

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm waters, or to a natural outset 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.

(Code 1968, 14-454)

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of sewer 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 degrees Fahrenheit (65 degrees centigrade).

(b)   Any water or wastes 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 degrees Fahrenheit (zero and 65 degrees centigrade).

(c)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of one-half horsepower or greater shall be subject to the review and approval of the superintendent.

(d)   Any water 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, fuller’s 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 solution).

(3)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitutea 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, (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, 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 rate 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.

(Code 1968, 14-455)

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 15-333, and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

(a)   Reject the wastes;

(b)   Require pretreatment to an acceptable condition of 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 15-339.

If the superintendent permits the pretreatment to 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.

(Code 1968, 14-456)

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.

(Code 1968, 14-457)

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.

(Code 1968, 14-458)

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.

(Code 1968, 14-459)

All measurements, tests and analysis of the characteristics of water and wastes to which reference is made in Divisions 1 through 4 of this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Waste water,” 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 analysis 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 analysis are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.

(Code 1968, 14-460)

No statement contained in Divisions 1 through 4 of 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.

(Code 1968, 14-461)

 

DIVISION 5. USER CHARGE SYSTEM

Unless the context specifically indicates otherwise, the meaning of terms used in this division 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 standards laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter (mg/1).

(b)   Normal Domestic Wastewater - shall mean wastewater that has a BOD concentration of not more than 240 milligrams per liter and a suspended solids concentration of not more than 300 milligrams per liter.

(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 managing and maintaining the sewage 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 or real estate, or building is used for domestic dwelling purposes only.

(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 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 improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply 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 application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including 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.

(Code 1968, 14-471)

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.

(Code 1968, 14-472)

The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the city may by ordinance designate to be paid for by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this division.

(Code 1968, 14-473)

The user charge rates established in this division apply to all users, regardless of their location, of the city’s treatment works.

(Code 1968, 14-474)

The following classes of users and charges to those users are hereby established:

(a)   Class I: Users which contribute 3,000 gallons per month or less; $22.11 per month plus $.00034 per gallon for operation and maintenance, including replacement and debt service.

(b)   Class II: Users which contribute between 3,001 gallons per month and 4,000 gallons, inclusive, per month; $22.11 per month plus $.00296 per gallon for operation and maintenance, including replacement and debt service.

(c)   Class III: Users which contribute between 4,001 gallons per month and 8,000 gallons, inclusive, per month; $22.11 per month plus $.00491 per gallon for operation and maintenance, including replacement and debt service.

(d)   Class IV: Users which contribute between 8,001 gallons per month and 20,000 gallons, inclusive, per month; $22.11 per month plus $.00523 per gallon for operation and maintenance, including replacement and debt service.

(e)   Class V: Users which contribute between 20,001 gallons per month and 30,000 gallons, inclusive, per month; $22.11 per month plus $.00491 per gallon for operation and maintenance, including replacement and debt service.

(f)   Class VI: Users which contribute between 30,001 gallons per month and 49,000 gallons, inclusive, per month; $22.11 per month plus $.00407 per gallon for operation and maintenance, including replacement and debt service.

(g)   Class VII: Uses which contribute between 49,001 gallons per month and 99,000 gallons, inclusive, per month; $22.11 per month plus $.00296 per gallon for operation and maintenance, including replacement and debt service.

(h)   Class VIII: Users which contribute between 99,001 gallons per month and 199,000 gallons, inclusive, per month; $22.11 per month plus $.00246 per gallon for operation and maintenance, including replacement and debt service.

(i)    Class IX: Users which contribute between 199,001 gallons per month and 999,000 gallons, inclusive, per month; $22.11 per month plus $.00229 per gallon for operation and maintenance, including replacement and debt service.

(Ord. 1114; Ord. 1336; Ord. 1405; Code 2022)

(a)   The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.

(b)   The rate for all accounts shall be determined by the monthly average of the amount of gallons of water used during the three month period of time from the date the meter is read in December to the date the meter is read in March of the following year. The rate shall then be computed and adjusted on the user’s April billing statement in that year and shall be effective for the period of time from April 1st of each year until March 31st of the following year.

(c)   For those users who are not connected to the city water system or who also supplement their water usage with water from private water well, the rate is hereby established in the amount of $38.85 per month.

(Ord. 1070; Ord. 1337; Ord. 1338; Ord. 1376; Code 2022)

Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city’s treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user will be as determined by the responsible plant operating personnel and approved by the city council.

(Code 1968, 14-477)

That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in section 15-343, shall be deposited in a separate non-lapsing fund known as the operation, maintenance, replacement and debt service fund and will be kept in two primary accounts as follows:

(a)   An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (replacement account). Deposits in the replacement account shall be made from the operation, maintenance and replacement revenue in the amount of $1,000 annually.

(b)   An account designated for the specific purpose of retiring bond principal and interest each year.

(Code 1968, 14-479)

Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

(Code 1968, 14-480)

The city will review the user charge system at least every two years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

(Code 1968, 14-481)

(a)   All persons or businesses who desire to dump sewage from portable facilities directly into the designated receptacle at the sewage treatment plant of the City of Ellis shall first make application to the City and receive authorization for the same prior to dumping. All dumping shall be supervised by City Staff during regular business hours.

(b)   The fee for dumping portable facilities shall be as follows:

(c)   Minimum charge (up to 200 gallons)……$15.75

(d)   Each additional 100 gallons……………$5.25

(Ord. 1327; Ord. 1377; Code 2022)