Chapter 15 · Utilities

Article 3. Sewers

Sections 15-301 to 15-338 · 44 sections

15-301 Definitions.

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

(a)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 outside the inner face of the building wall.

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

(c)B.O.D. (denoting Biochemical Oxygen Demand) — shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in parts per million by weight.

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

(e)Individual Domestic — means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.

(f)Industrial — means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.

(g)Multi-domestic — means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.

(h)Superintendent — shall mean the superintendent of the city or his or her authorized deputy, agent or representative.

(i)Sewage — shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.

(j)Sewer — shall mean a pipe or conduit for carrying sewage.

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

(l)Combined Sewers — shall mean sewers receiving both surface runoff and sewage, are not permitted.

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

(n)Storm Sewer or Storm Drain — shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

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

(p)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.

(q)User — means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.

(r)Wastewater — means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.

(s)Normal wastewater. The strength of normal wastewater shall be considered within the following ranges:

(1)A five day biochemical oxygen demand of 300 milligrams per liter or less;

(2)A suspended solid concentration of 350 milligrams or less;

(3)Hydrogen ion concentration of 5.0 to 9.0.

(Code 2014)

15-302 Sewer connection required.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city 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 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 this article, within 90 days after date of official notice to do so, provided that said public sewer is within 140 feet of the property line.

(Code 2014)

15-303 Permit; connection fee.

(a)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.

(b)There shall be a $100 connection fee plus the cost of the sewer tap payable at the time of making application for the permit.

(Code 2014)

15-304 Application.

Any person desiring to make a connection to the city sewer system shall apply in writing to the city clerk who shall forward the application to the utility superintendent. The application shall contain:

(a)The legal description of the property to be connected;

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

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

(d)The point of proposed connection to the city sewer line.

(Code 2014)

15-305 Costs.

All costs and expense incident to the installation and connection of the building sewer shall be paid 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 2014)

15-306 Sewer connection.

The connection of the building sewer into the public sewer shall be made at the “Y” branch if such branch is available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the utility superintendent and at a location designated by the superintendent.

(Code 2014)

15-307 Sewer for each building.

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 feasibly constructed to the rear building. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Code 2014)

15-308(1). Same; specifications.

The building sewer shall be constructed of Schedule 40 plastic pipe or an approved plastic pipe. Any plastic pipe to be installed on any building sewer shall not be approved by the city until the owner has furnished descriptive literature and typical sample section of the plastic pipe proposed for installation, to the city for inspection and review. All joints on all pipe installed shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe or city water main shall be encased in concrete with approved joints. No building sewer shall be installed within three feet of existing gas lines.

(Code 2014)

15-308(2). Same.

The size and slope of the building sewer to be installed shall be subject to the approval of the city inspector, but in no event shall the diameter of the pipe be less than four inches. The slope at which a six inch pipe is to be laid shall be not less than 1/8 inch per foot and for four inch pipe, not less than 1/4 inch per foot. Any grades for the pipe, which are proposed for installation at grades less than these specified, shall be approved by the city inspector prior to placement.

(Code 2014)

15-308(3). Same.

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with approved curved pipe and fittings, including cleanout fittings.

(Code 2014)

15-308(4). Same.

At buildings in which the building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. The use of any pumping equipment for which cross-connections with a public water supply system are needed, is prohibited. The total costs of pumping equipment and pumping equipment operational costs shall be those of the owner.

(Code 2014)

15-308(5). Same.

No building sewer shall be laid across a cesspool, septic tank or vault until the cesspool, septic tank or vault has been well cleaned and filled with an approved earth or sand fill, then thoroughly tamped and water settled. Cast iron pipe may be used across cesspools or septic tanks, if proper bedding and support for the sewer pipe is acquired.

(Code 2014)

15-308(6). Same.

All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C12-19, except that no backfill shall be placed until the work has been inspected and approved.

(Code 2014)

15-308(7). Same.

All joints in the building sewers shall be made watertight. If recommended by the city inspector, a water pressure test shall be made on the completed sewer to ensure a compliance with this requirement, requiring that the building sewer withstand an internal water pressure of 5 psi., without leakage.

Joints for all plastic pipe used in building sewers shall be the slip type joints or solvent weld type, approved by the city.

Joints between any two different type of pipes shall be made with lead, asphaltic jointing materials or concrete, as approved by the city. All joints shall be watertight and constructed to ensure minimum root penetration and to the satisfaction of the city.

(Code 2014)

15-309 Sewer excavations; damages.

All excavations for buildings sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, curb and gutters, sidewalks, parkways and other public property removed or damaged during the installation of the building sewer, shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner. It is further agreed that any parties involved in any excavating or installation work for sewer installations as above set out, will hold the city harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation or any negligent act or from any operation made within the city.

(Code 2014)

15-310 Failure to connect.

(a)If any person shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b)The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants.

(Code 2014)

15-311 Privy unlawful.

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 except as provided in this article.

(Code 2014)

15-312 Private sewer system.

Where a public sanitary sewer is not available under the provisions of section 15-302 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-311 to 15-316.

(Code 2014)

15-313 Same; permit.

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the utility superintendent. The application shall be accompanied by any plans, specifications or other information deemed necessary by the utility superintendent. A permit and inspection fee of $25 shall be paid to the city at the time the application is filed.

(Code 2014)

15-314 Same; inspection.

The utility superintendent or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the superintendent when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent.

(Code 2014)

15-315 Same; discharge.

(a)The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations and requirements of the Water Pollution Control Section of the Kansas State Department of Health. 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. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

(b)At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-302, 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 and acceptable materials.

(Code 2014)

15-316 Same; additional requirements.

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

(Code 2014)

15-317 Disposal of sewage.

It shall be unlawful for any person to deposit or discharge from any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy, vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public nuisance upon the order of the city or county board of health in accordance with the laws of Kansas.

(Code 2014)

15-318 Damage to sewers.

It shall be unlawful for any unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any sewer, structure, appurtenance, or equipment which is part of the municipal sewer system.

(Code 2014)

15-319 Natural outlet.

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

(Code 2014)

15-320 Standards.

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city.

(Code 2014)

15-321 Old building sewers.

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

(Code 2014)

15-322 Mud, grease traps.

All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.

(Code 2014)

15-323 Roof, foundation drains.

(a)It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer.

(b)All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharge does not create a nuisance. No such liquids may be discharged into any unpaved street or alley.

(Code 2014)

15-324 Prohibited discharges.

No person shall discharge any of the following waters or wastes to any public sewer:

(a)Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b)Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

(c)Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(d)Garbage that has not been properly shredded;

(e)Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(f)Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g)Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(h)Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i)Noxious or malodorous gas or substance capable of creating a public nuisance.

(Code 2014)

15-325 Delinquent accounts; lien against property.

(a)In the event any person, except the United States and the state of Kansas shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-102:104.

(b)All other remedies regarding delinquent accounts, and exceptions thereto, contained in section 15-106 shall apply to sewer service fees, charges and services.

(Code 2014)

15-326 Sewer service charge.

The monthly charge for sewer service shall be adopted by the governing body and adjusted as necessary to account for inflation, costs, technology improvements and plant upgrades, increased usage and building projects.

(Ord. 405; Code 2014)

15-327 License required.

Anyone engaged in or desiring to engage in the business of making sewer connections or engaged in or desiring to engage in the business of making excavation for sewer service lines in the City of Carbondale, shall before obtaining a permit, procure a license from the City Clerk of the City of Carbondale, which license shall expire on the first day of January after the year in which it is issued. No licenses shall be transferred from one person to another. Any such license shall be revocable by the governing body for violation of this article.

(Ord. 405B-2005; Code 2014)

15-328 Licensed plumbers.

No city license to make connection with the public sewer shall be issued for such work to be done by other than a licensed plumber.

(Ord. 405B-2005; Code 2014)

15-329 License fee.

The annual fee for such licenses shall be the sum of Twenty- Five Dollars ($25.00) for each license issued. If one person desires to engage in the business of making sewer connections and the making of excavations for sewer service lines, two licenses shall be issued and the fee for each shall be Twenty-Five Dollars ($25.00).

(Ord. 405B-2005; Code 2014)

15-330 Insurance required.

Before a sewer connection license shall be issued, applicant shall file with the city clerk a certificate of liability insurance issued by a corporation authorized to do business within the State of Kansas providing public liability insurance covering all operations and persons associated with the applicant. Such policy shall provide not less than $500,000 (five hundred thousand) single limit liability for each occurrence and $1,000,000 (one million) single limit liability for each policy year. Such policy shall not contain any deductible provision for more than $500 and such policy shall not be cancelled or terminated until at least 10 days after a notice of cancellation of the insurance policy is received by the city clerk from the applicant.

(Ord. 405B-2005; Code 2014)

15-331 Penalty.

Any person or persons, firm or corporation violating any of the provisions found in sections 15-429 to 15-432 shall upon conviction be fined an amount not to exceed Five Hundred ($500.00) or be imprisoned not to exceed three (3) months, or be both fined and imprisoned. Each day that a violation is continued shall be considered a separate and distinct violation and may be prosecuted as such.

(Ord. 405B-2005; Code 2014)

15-332 Rates.

That the rates below shall be applied to each residential, multiple family dwelling per unit in the dwelling, commercial; church; fraternal organization; non-profit organization; the United States Post Office, Carbondale Attendance Center; customers receiving sewage service for the purpose of operation, maintenance, replacement, revenue bond retirement (if any), general improvement, modification and billing for the city sewage collection and treatment system.

(Ord. 524; Code 2026)

15-333 Billing.

The city shall notify each user annually in conjunction with a regular bill of the rate being charged for operation, maintenance, replacement, and debt service for wastewater treatment.

(Code 2014)

15-334 User charge system; review.

The city shall conduct an ‘in-house’ review of the user charge system at least every 2 years and review user charge rates as necessary to ensure the system generates adequate revenues to pay the costs of operation, maintenance, and replacement costs among users. An independent review shall be conducted at least every five years.

(Code 2014)

15-335 Account; replacement needs.

The city shall establish an account designated for the specific purpose of insuring replacement needs over the useful life of the treatment works (equipment replacement account). Deposits to this account shall be made at least annually from the operation, maintenance and replacement revenue in the account, the city may elect to modify this annual deposit, after consultation with the Kansas Department of Health and Environment.

(Code 2014)

15-336 Sewer rates.

(a)Residential

(1)Base rate of $ 33.25 for the first 1,000 gallons;

(2)$2.17 for each additional 1,000 gallons.

(b)Multiple Family Dwellings per unit in the dwelling

(1)Base rate of $33.25 for per unit dwelling;

(2)$2.17 for each additional 1,000 gallons over number of units times 1000 gallons.

(3)Vista View Apartments operated by the Carbondale Housing Authority will no longer be exempt from this charge.

(c)Commercial; Churches, Fraternal Organizations; Non Profit Organizations; the United States Post Office

(1)Base rate of $42.47 for the first 1, 000 gallons;

(2)$2.70 for each additional 1,000 gallons.

(d)Fire Department

(1)Base rate of $ 33.25, no charge for additional gallons.

(e)Santa Fe Trail’s Carbondale Attendance Center

(1)Base Rate/Monthly user fee of $294.00 for the first 1,000 gallons;

(2)$2.17 for every additional 1,000 gallons.

(f)The governing body may establish rates for other types of water service by contract between the parties, as necessary.

(Code 2014; Ord. 524)

15-337 Billing.

Said fees shall be payable monthly at the office of the City of Carbondale, Kansas in the amounts set out above and billed by the City.

(Ord. 499; Ord. 524; Code 2026)

15-338 Penalty.

Any person, firm or corporation violating provisions 15-333:338 of this article may result in the termination of city water service to the offending service recipient and/or may, upon conviction thereof, be fined in a sum not to exceed Five Hundred Dollars ($500.00).

(Code 2014)