Chapter 15 · Utilities

Article 2. Sewers

Sections 15-201 to 15-238 · 38 sections

15-201 Definitions.

Unless the context specifically indicated otherwise, the meaning of terms used in this article shall be as follows:

(a)BOD (denoting Biochemical Oxygen Demand) — the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days of 20°C, expressed in milligrams per liter.

(b)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 inner face of the building wall.

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

(d)Combined Sewer — a sewer receiving both surface runoff and sewage.

(e)Garbage — solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(f)Industrial Waste — the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

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

(h)pH — the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(i)Properly Shredded Garbage — 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 (1.27 centimeters) in any dimension.

(j)Public Sewer — a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

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

(l)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.

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

(n)Sewage Works — All facilities for collecting, pumping, treating and disposing of sewage.

(o)Sewer — a pipe or conduit for carrying sewage.

(p)Shall is mandatory; May is permissive.

(q)Slug — 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.

(r)Storm Drain (sometimes termed storm sewer) - a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(s)Superintendent — the city superintendent of the City of South Hutchinson, or his or her authorized deputy, agent, or representative.

(t)Suspended Solids — 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.

(u)Watercourse — a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 416, Art. 1)

15-202 Unlawful acts.

It shall be unlawful for any person to:

(a)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.

(b)Discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(c)Except as hereinafter provided, to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(Ord. 416, Art. 2)

15-203 Sewer connection required.

The owner of all houses, building, or properties used for human employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may be in the future be located a public sanitary or combined sewer of the city, is hereby required at the owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line. Notice shall be by United States mail deposited as certified material to the last known address of such owner.

(Ord. 416, Art. 2)

15-204 Same; fail to connect.

If any person or persons, shall fail, neglect or refuse to so connect any building or buildings with the sewer system as herein provided for, for more than 10 days after the expiration of said 90 days after being notified in writing by the board of health or governing body of the city to do so, the city may cause such buildings to be connected with the sewer system, or may advertise for bids for the construction and making of such sewer connections, and contract therefor with the lowest responsible bidder or bidders. The costs and expense of making the connection shall be assessed against the property and premises so connected in the manner provided by law. All costs incurred by the city under the provisions of this section may be financed, until the assessment is paid, out of the general fund or by the issuance of no-fund warrants.

(Code 1984)

15-205 Private sewer system.

Where a public sanitary or combined sewer is not available under the provisions of section 15-203, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 416, Art. 3)

15-206 Same; permit.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the city clerk or the superintendent. A permit and inspection fee of $10 shall be paid to the city at the time the application is filed.

(Ord. 416, Art. 3)

15-207 Same; notice; inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintendent shall be allowed to inspect the work at any state of construction. The applicant for the permit shall notify the city clerk or the superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the city clerk or the superintendent.

(Ord. 416, Art. 3)

15-208 Same; subsoil test, discharge prohibited.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health and Environment 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 flow is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. 416, Art. 3)

15-209 Same; discontinue.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-203, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material subject to approval by the superintendent.

(Ord. 416, Art. 3)

15-210 Same; operation.

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

(Ord. 416, Art. 3)

15-211 Same; additional requirements.

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

(Ord. 416, Art. 3)

15-212 Fill septic tank.

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 bankrun gravel and dirt. The owner of the building shall be liable for sewer service charges at the rates established for like structures at the expiration of 60 days or connection, whichever is earlier.

(Ord. 416, Art. 3)

15-213 Sewer connection; permit required.

No 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 or the superintendent.

(Ord. 416, Art. 4)

15-214 Same; application, fee.

There shall be two classes of building sewer permits:

(a)For residential and commercial service, and

(b)For service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city clerk or the superintendent. A permit and inspection fee of $10 for a residential or commercial building sewer permit and $20 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 416, Art. 4)

15-215 Installation costs.

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 any loss or damage that may directly or indirectly be occasioned by the installation of a building sewer.

(Ord. 416, Art. 4)

15-216 Separate sewer required.

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.

(Ord. 416, Art. 4)

15-217 Use of old sewers.

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

(Ord. 416, Art. 4)

15-218 Construction standards.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing 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. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and S.P.C.F. Manual of Practice No. 9 shall apply.

(Ord. 416, Art. 4)

15-219 Same; elevation.

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’s drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be fitted by an approved means and discharged to the building sewer.

(Ord. 416, Art. 4)

15-220 Connection city sewer.

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 gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city clerk or the superintendent before installation.

(Ord. 416, Art. 4)

15-221 Inspection notice.

The applicant for the building sewer permit shall notify the city clerk or the superintendent in person or by United States mail, 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.

(Ord. 416, Art. 4)

15-222 Sewer excavations.

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. 416, Art. 4)

15-223 Roof drains; surface water.

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. 416, Art. 5)

15-224 Combined sewers; storm sewers.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the city clerk or the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the city clerk or the superintendent, to a storm sewer, combined sewer, or natural outlet.

(Ord. 416, Art. 5)

15-225 Prohibited discharges.

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

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

(b)Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l 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 structure, equipment and personnel or the sewage works.

(d)Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

(Ord. 416, Art. 5)

15-226 Harmful waste.

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 the life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment 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 waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperature between 32 and 150°F (0 and 65°C).

(c)Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.

(d)Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(e)Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.

(f)Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal and other public agencies of jurisdiction for such discharge to the receiving waters.

(g)Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(h)Any waters or wastes having a pH in excess of 9.5.

(i)Materials which exert or cause:

(1)Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate.)

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

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

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

(j)Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degrees 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 superintendent, the owner shall provide, at the owner’s 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 and 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 said approvals are obtained in writing.

(Ord. 416, Art. 5)

15-227 Same; pretreatment; reject.

(a)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 15-226 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:

(1)Reject the wastes,

(2)Require pretreatment to an acceptable condition for discharge to the public sewers,

(3)Require control over the quantities and rates of discharge, and/or,

(4)Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 15-232.

(b)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. 416, Art. 5)

15-228 Grease, sand traps.

Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the 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. 416, Art. 5)

15-229 Preliminary treatment, duty of owner.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuous in satisfactory and effective operation by the owner at the owner’s expense.

(Ord. 416, Art. 5)

15-230 Control manhole; meters.

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 accessible and safely located and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at the owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all times.

(Ord. 416, Art. 5)

15-231 Test.

All measurements, test, and analysis 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 said 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. 416, Art. 5)

15-232 Interpretation.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city or any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

(Ord. 416, Art. 5)

15-233 Damage sewers.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to being charged under the Laws of Kansas, applying to damage and/or destruction of public property.

(Ord. 416, Art. 6)

15-234 Right of entry.

(a)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.

(b)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 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.

(Ord. 416, Art. 7)

15-235 Same; companies held harmless.

While performing the necessary work on private properties referred to in section 15-234, 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 15-230.

(Ord. 416, Art. 7)

15-236 Penalty.

Any person found to be violating any provision of this article except section 15-233 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. Said notice is to be sent by United States mail deposited as restricted material addressed to such person at said person’s last known address. Violations shall terminate within 48 hours after receipt of said notice or refusal to receive such notice and attempted delivery by United States postal authorities.

(Ord. 416, Art. 8)

15-237 Same.

Any person who shall continue any violation beyond the time limit provided for in section 15-236, shall be guilty of a misdemeanor, 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.

(Ord. 416, Art. 8)

15-238 Violators liable to city.

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. 416, Art. 8)