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

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligram per liter (mg/l)

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.

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 "operations and maintenance" includes replacement.

Residential Contributor shall mean any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

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.

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, improvements, 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 the ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including in combined storm sewer and sanitary sewer systems.

Useful life shall mean the estimated period during which a treatment works a will be operated.

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 works.

Water Meter shall mean a water volume measuring and recording device furnished and/or installed by the City of Marion, Kansas.

Shall mean action is mandatory, May is permissive.

(Ord. 1228; Ord. 1065; Code 2014; Ord. 1397)

(a)   The user charge system shall generate adequate annual revenues to pay the 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 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 article.

(b)   That portion of the total user charge collected which is designated for operations and maintenance including replacement purposes was established in section 15-303, shall be deposited into a separate non-lapsing fund know as utility operations- sewer treatment. Transfers from this account may be utilized to make debt service payments related to wastewater treatment capital projects.

(c)   Fiscal year-end balances in the fore mentioned fund shall be carried over in the same funds for the subsequent fiscal year, and shall be used for no other purposes than those designated for this account. Monies which have been transferred from other sources to meet temporary shortages in the 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 transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

(Ord. 1228; Code 2014; Ord. 1397)

(a)   Each user shall pay for the services provided by the City based on use of the treatment works as determined by water meter(s) acceptable to the City.

(b)   For residential contributors, monthly user charges will be based on based on average monthly water usage during the months of October, November, and December. If a residential contributor has not established an October, November, and December average, the monthly user charge shall be the median charge for all residential contributors.

For industrial and commercial contributors, user charges shall be based on water used during the current billing cycle. If an industrial or commercial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the City.

(c)   The minimum charge per month shall be $20.00. In addition, each contributor shall pay a user charge rate for operations and maintenance including replacement and debt service of $1.75 per 1,000 gallons of water or wastewater as determined in the preceding section.

(d)   For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge is:

$0.50 per pound BOD (Biochemical oxygen demand)

$0.25 per pound suspended solids

(e)   Any user which discharges any toxic pollutants which causes an increase in the cost of managing the treatment of wastewater from the City's treatment works, or any user that discharges any substance which singularly or by interaction with other substances or causes identifiable increases in the cost of operations, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge for each such user shall be determined by the responsible plant operating personnel and approved by the City Council.

(f)   The user charge rates established in this article apply to all users of the City's treatment works, regardless of their location.

(Ord. 1228; Ord. 1322; Code 2014; Ord. 1397)

(a)   All users shall be billed monthly. Sewer charges shall be from the 15th day of the month through the end of the 14th day of the following month. Billing shall be made on the first day of the following month. Payments are due when billings are made. Any full payment not received within 15 days of the billing date shall be delinquent.

(b)   A late payment charge of ten percent (10%) of the user charge bill will be added to the delinquent bill.

(Ord. 1228; Code 2014; Ord. 1397)

(a)   The City will review the user charge system every two years and revise user rates as necessary to ensure that the system generates adequate revenues to pay for the cost of operation and maintenance including replacement cost and debt service and that the system continues to provide for the proportional distribution of operations, maintenance, and replacement costs among users and all user classes.

(b)   The city will notify each user at least annually each user the rates being charged for wastewater treatment services.

(Ord. 1228; Code 2014; Ord. 1397)

(a)   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 of Marion, or in any area under the Jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

(b)   It shall be unlawful to discharge to any natural outlet within the City of Marion, or in any area under the Jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

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

(d)   The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the City of Marion and abutting on any street, alley, or right-of-way in which there is now located or may in the future ·be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with proper public sewers in accordance with provisions of this article, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one-hundred (100) feet of the property line.

(Ord. 1065; Code 2014)

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

(b)   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 Inspector. A permit and inspection fee of twenty (20) dollars shall be paid to the city at the time the application is filed.

(c)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Inspector when work is ready for final inspection, and before underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the Inspector.

(d)   The type, capacity, location, and layout of a private sewage disposal system shall comply with all recommendations of Kansas Department of Health & Environment. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of not less than one (1) acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(e)   At such time as public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection (d), a direct connection shall be made to the public sewer in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

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

(g)   No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the city.

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

(Ord. 1065; Code 2014)

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

(b)   There shall be two (2) classes of building sewer permits: (1) for residential and commercial service, and (2) for services to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The per.it application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Inspector. A permit and inspection fee of five (5) dollars for residential or commercial building sewer permit end ten (10) dollars for an industrial building sewer permit shall be paid to the city at the time application is filed.

(c)   All costs and expense incident to the installation end connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

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

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

(f)   The size, slope, alignment, materials of construction of e building sewer, and the methods to be used for excavating, placing of the pipe, Jointing, testing end 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.H. and W.P.C.F. Manual of Practice No. 9 shall apply.

(g)   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

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

(i)    The connection of the building sewer into the public sewer shell conform to the requirements of the building end 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. Manuel of Practice No 9. All such connections shell be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(j)    The applicant for building sewer permit shell notify the superintendent when the building sewer is reedy £or inspection end connection to public sewer. The connection shall be made under the supervision of the superintendent or his representative.

(k)   All excavations of building sewer installation shall be adequately guarded with barricades end 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. 1065; Code 2014)

(a)   No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

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

(c)   No person shall discharge or cause to be discharged any of the following described waters:

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

(2)   Any waters or wastes containing toxic or poisonous solids liquids, or gases in sufficient quantity, either singly or by interaction with other waste, to injure or interfere with any sewage interaction with other waste, 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 (2) mg/l as CN in the wastes as discharged to the public sewer.

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

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

(d)   No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appear likely in the opinion of the Inspector 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 opinion as to acceptability of these wastes, the Inspector will give consideration to such factors as the quantities of subject wastes in relation to £lows end velocities in the sewers, materials of construction of the sewers, nature of sewage treatment process, capacity of sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, end other pertinent factors. The substances prohibited are:

(1)   Any liquid or vapor having a temperature higher than one hundred fifty (150) degree F (65 degree C).

(2)   Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one-hundred (100) mg/l or containing substances which may solidify or become viscous at temperature between thirty-two (32) and one hundred fifty (150) degrees F.

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourth (3/4) horsepower or greeter shell be subject to the review and approval of the Inspector.

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

(5)   Any waters or wastes containing iron, chromium, copper , zinc, end 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.

(6)   Any waters or wastes containing phenols or other taste or odor producing substances.in such concentrations exceeding limits which may producing substances.in such concentrations exceeding limits which may be established by the Inspector as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of Jurisdictions for such discharge to the receiving waters.

(7)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Inspector in compliance with applicable State or Federal regulations.

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

(9)   Materials which exert or cause:

(A) Unusual concentration 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).

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

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

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

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

(11) any waters or wastes having (1) a 5-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 2 percent of the average sewage flow of the city, shall be subject to review of the Inspector. Where necessary, in the opinion of the Inspector, the owner shell provide, at his 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 end rates of discharge of such waters or wastes. Plans, specifications, end any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Inspector and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(e)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which water contain the substances or possess the characteristics enumerated in Section 4 of this Article, end which in the judgment of the Inspector, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a ha2ard to life to constitute a public nuisance, the Inspector may:

(1)   Reject the wastes,

(2)   Require pretreatment to an acceptable condition for discharge to 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 of wastes not covered by existing taxes or sewer charges under the provisions of subsection (j).

If the Inspector 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 Inspector, and subject to the requirements of all applicable codes, ordinances and laws.

(f)   Grease, oil, and sand interceptors shall be provided when, in the opinion of the Inspector, 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 Inspector, and shall be located as to be readily and easily accessible for cleaning and inspection.

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

(h)   When required by the Inspector, the owner of any property services by a building sewer carrying industrial wastes shell install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Inspector. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(i)    All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at 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 end to determine the existence of hazards to life, limb, and property.

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

(Ord. 1065; Code 2014)

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

(Ord. 1065; Code 2014)

(a)   The Inspector or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The Inspector or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramics, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b)   While performing the necessary work on private properties referred to in subsection (a) above, the Inspector 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 15-309(h).

(c)   The Inspector or 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 purpose 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 terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 1065; Code 2014)

(a)   Any person found to be violating any provision of this article except Section 15-310 shall be served by the city with written notice stating the nature of the violation end providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b)   Any person who shall continue any violation beyond the time limit provided for in subsection (a), shall be guilty of a misdemeanor and on conviction thereof shell be fined in the amount not exceeding one-hundred (100) dollars for each violation. Each 24-hour period in which such violation shall continue shall be deemed a separate offense.

(c)   Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

(Ord. 1065; Code 2014)