CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 4. SEWERS

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

(a)   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 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 interface 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 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 wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will to be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ 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 which 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 contamination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may to 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 collection, 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 or flow during normal operation

(s)   Storm Drain (sometimes termed storm sewer) shall mean a sewer which carriers storm and surface wastes and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(t)    Superintendent shall mean the 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.

(Ord. 96, Art. I, Secs. 1:22)

(a)   It shall to be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within in the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.

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

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

(d)   The owner of all houses, building or properties used for human occupancy, employment, recreational or other purposes situated within the city on any street, alley or right-of-way in which areas there are now located or may in the future to be located a public sanitary sewer of the city, is hereby required at their­ expense to install a suitable toilet facility therein, and to connect such facility directly with the proper public sewer in accordance with the provisions of this article within 90 days after the date of official notice to do so, provided such public sewer is within 100 feet of the property line.

(Ord. 96, Art. 11, Secs. 1:4)

(a)   Where a public sanitary sewer is not available under the provisions of 15-402(d), the building sewer shall to be connected to a private sewage disposal system complying with the provisions of this article.

(b)   Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permission signed by the superintendent. The application for such permit shall to be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent. A permit and inspection fee of $5 shall to be paid to the city treasurer 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 superintendent. He or she shall to be allowed to inspect the work at any stage of construction. 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. Inspection shall to be made within 48 hours of notice by the superintendent.

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

(e)   At such time as a public sewer becomes available to a property served by a private sewage disposal as provided in section 15-402(d), a direct connection shall to be made within 60 days to the public sewer in compliance with this article and any septic tanks, cesspools and similar private sewage disposal facilities shall to be abandoned and filled with suitable material.

(Ord. 96, Art. 111, Secs. 1:5)

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

(b)   There shall to be two classes of building sewer permits (1) for residential and commercial services, and (2) for the service to establish and produce 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 to be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the superintendent. A permit inspection fee of $5 for residential and commercial building sewer permit and $15 for industrial building sewer permit. It shall to be paid to the city treasurer at the time the application is filed.

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

(d)   A separate and independent building sewer shall to 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 to be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may to be extended to the rear building and the whole considered as one building sewer.

(e)   Old building sewers may to 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.

(f)   Building sewers shall be constructed of one of the following types of material:

(1)

(A)  Ductile Iron Sewer Pipe meeting the requirements of AWWA C151 or ANSI A21.51. The sewer pipe shall have an internal coat of cement-mortar lining meeting the requirements of AWWA C104 or ANSI A21.4 and an external coat of asphaltic material.

(B)  Vitrified Clay Pipe meeting the requirements ASTM C700 extra strength pipe with polyurethane joints meeting ASTM C425.

(C)  Polyvinyl Chloride (PVC) pipe meeting the requirements of ASTM D3034, SDR 35 with either o-ring rubber gasket or solvent welded joints.

(D)  Acrylonitrile-Butadiene-Styrene (ABS) pipe meeting the requirements of ASTM D2751, SDR 35 with either o-ring rubber gasket or solvent welded joints.

(2)   All building sewer joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water line shall be constructed of ductile iron pipe, PVC with solvent welded joints or ABS with solvent welded joints.

(3)   The trenching, pipe installation, bedding and backfilling of all building sewers shall meet the following requirements:

(A)  Ductile Iron Pipe - AWWA C151;

(B)  Vitrified Clay Pipe - ASTM C12;

(C)  PVC and ABS Pipe - ASTM D2321.

(g)   Size and Slope of Building Sewer

1/8 inch per foot

1/4 inch per foot.

(h)   Whenever possible, the building sewer shall to 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 therefore be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid on uniform grade and in straight alignment insofar as possible. Changes in direction shall be made with properly curved pipe and fittings.

(i)    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 to be lifted by approved artificial means and discharged into the building sewer. The use of any pumping equipment, for which cross connection of a public water supply system are needed, is prohibited.

(j)    All excavation required for the installation of a building sewer shall be open trench work unless otherwise approved by the superintendent. Pipe laying and backfill shall be performed in accordance with ASTM Specifications (C12) except that no backfill shall be placed until the work has been inspected.

(k)   The connection of a building sewer into the public sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and no properly located “Y’’ branch is available, the owner shall at his or her own expense install a “Y’’ branch in the public sewer location specified by the superintendent. Building sewer “Y’’ branch connections shall be connected to the public sewer with entry in the downstream direction at an angel of about 45 degrees. The invert of the building sewer at the point of connection shall be at the same or a higher elevation as the invert of the public sewer. The smooth, neat joints shall be made, and the connection be made secure and water tight by encasement in concrete. Special fittings may be used for the connection only when approved by the superintendent.

Building sewers will not be allowed to directly connect to major interceptors (sewers greater than 12 inches in diameter). All building sewers may directly connect to collector sewers eight inches to 12 inches in size which flow by gravity to the nearest available manhole on the major interceptor system. The collector sewers, appurtenant manholes and connections to existing manholes shall be designed in accordance with the Minimum Standards of Design for Water Pollution Control Facilities as published by the Kansas Department of Health and Environment. Plans, specifications and other information considered pertinent to the design of the collector sewers, in the judgement of the superintendent, shall be submitted for review and approval by the superintendent and the Kansas Department of Health and Environment.

(l)    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 to be made under the supervision of the superintendent of his or her representative.

(m)  All excavation for public sewer installation shall be adequately guarded with barricades and lights as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course work shall be restored in a manner satisfactory to the city.

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

(Ord. 96, Art. IV, Secs. 1:14; Ord. 149, Secs. 1:2)

(a)   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.

(b)   Stormwater and all other unpolluted drainage shall to be discharged to storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may to be discharged, on approval of the superintendent to a storm sewer or natural outlet.

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

(1)   Any gasoline, benzene, naphtha, fuel, oil or other flammable or explosive liquids, 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 wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to cyanides in excess of 2 mg/1 as CN in the wastes as discharged to the public sewer.

(3)   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.

(4)   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, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.

(d)   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 the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

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

(2)   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 temperatures between 32 and 150 °F (0 and 65° C).

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall to be subject to the review and approval of the superintendent.

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

(5)   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.

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

(7)   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.

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

(9)   Materials which exert or cause:

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

(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 wastewater treatment works.

(D)  Unusual volume of flow or concentration of wastes constituting “slugs” 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 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 to be subject to the review of the superintendent. Where necessary, in the opinion of the superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may to be necessary to (1) reduce the BOD to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall to be submitted for the approval of the superintendent and no construction of such facilities shall to be commenced until the approvals are obtained in writing.

(e)   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 15-405(d) of this article, and which in the judgement of the superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or would otherwise create a hazard to life or constitute a public nuisance, the 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 user charges under the provisions of section 15-405(j) of this article.

Plans, specifications, and any other pertinent information related to the proposed preliminary treatment facility shall be submitted for approval of the superintendent and the Kansas State Department of Health and Environment. No construction of such facilities shall be commenced until such set of approvals are obtained in writing.

(f)   An approved grease trap or interceptor shall be installed to insure compliance with affluent limitations on waste water strength in any establishment that prepares food on site. In any other establishments, grease, oil, and sand traps and/or interceptors shall be installed when in the judgment of city personnel, they are necessary for the proper handling of liquid waste containing grease in excessive amounts or flammable waste, sand, or other harmful ingredients. A grease trap or interceptor is not required for individual dwelling units or private living quarters. New establishments with fixtures in addition to a three compartment sink (pre-rinse sinks, garbage grinders, food prep sinks, etc.) shall be required to install a grease interceptor in accordance with the applicable chapter and appendix of the Uniform Plumbing Code in effect in the City of Auburn. Any existing establishment that prepares food on site shall be required to install a grease trap or interceptor if the city determines a need for such waste pretreatment requirements. All interceptors and grease traps shall be inspected and cleaned as needed by establishments where they are located. As needed, will be defined as at a minimum monthly, with the inspection and/or cleaning being documented. A copy of the documentation will be sent to the city maintenance shop. All interceptors and/or grease traps shall be located as to be readily and easily accessible for cleaning and inspection. The city is authorized and may make an unannounced yearly inspection or more as the city deems needed.

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

(h)   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 to be accessibly and safely located, and shall to be constructed in accordance with plans approved by the superintendent. The manhole shall to be installed by the owner at his or her expense, 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 to 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 to 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 to be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall to be carried out by customarily accepted methods to reflect the effect of the constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24 hour composite of all building sewers of a premises is appropriate or whether a grab sample or samples should to 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 rom periodic grab samples.)

(j)    No statement contained in this article shall to 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 to be accepted by the city for treatment, subject to payment therefore, by the industrial concern.

(Ord. 96, Art. V, Secs. 1:10; Ord. 248; Code 2016)

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 to be subject to immediate arrest under the charge of disorderly conduct.

(Ord. 96, Art. VI, Sec. 1)

(a)   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall to 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 thereof 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)   While performing the necessary work on private properties referred to in the preceding section, the superintendent or duly authorized employee of the city shall observe all safety rules applicable to the premises established by the company and the company shall to 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 to be caused by negligence or failure of the company to maintain safe conditions as required in section 15-405(h).

(c)   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall to 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 within the easement. All entry and subsequent work, if any, on the easement shall to be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 96, Art. VII, Secs. 1:3)

(a)   Any person found to be violating any provision of this article, except section 15-406, shall to 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 the preceding section, shall to be guilty of a misdemeanor, and on conviction thereof shall to be fined in an amount not exceeding $100 for each violation. Each 24 hour period in which any such violation shall continue shall to be deemed a separate offense.

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

(Ord. 9302, Art. VIII, Secs. 1:3)

The sewer system of the city shall be operated and managed by a superintendent of sewage works, which superintendent shall be appointed by the mayor with the consent of the council, and who shall serve until reappointment or until a successor is appointed.

(Ord. 89, Art. I)

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

(a)   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 milligrams per liter (mg/1).

(b)   Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 300 mg/1 and a suspended solids concentration of not more than 300 mg/1.

(c)   Operation and Maintenance shall mean all expenditures during the use 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 of real estate, or building issued 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 system for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection system, 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 to be an integral part of the treatment process or is used for 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 waste in combined storm water and sanitary sewer systems.

(i)    Useful Life shall mean the estimated period during which a treatment works will to 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.

(Ord. 89, Art. II, Secs. 1:10)

(a)   The user charge system shall general 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 designate to be paid by the user charge system.

(b)   That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:

(1)   An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (operation and maintenance account).

(2)   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 at least annually from the operation, maintenance and replacement revenue in the amount of $7,650 annually.

(c)   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. Moneys 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 moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

(d)   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 directors.

(Ord. 89, Art. 111, Secs. 1:3; Art. IV, Sec. 2; Ord. 213; Code 2016)

(a)   Statements for sewer service charges herein established shall be sent monthly and shall be paid on or before the 20th day of the month following the month or portion thereof in which the service was utilized by the customer. If any statement be not paid by the 20th day of the month as aforesaid, a charge of two percent of the amount of the bill shall be added thereto and collected therewith. In the event any person shall neglect, fail or refuse to pay the service charges fixed hereby, such charges shall constitute a lien upon the real estate served by the connection to the sewer, and shall be certified by the city clerk to the county clerk of Shawnee County to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(b)   Application for sewer service shall be filed with the city clerk on a form to be supplied by the city. All applications filed after the commencement of the operation of the system shall be accompanied by a connection charge fee of $100 or the connection costs estimated by the superintendent of sewage works, whichever is the greater amount.

(Ord. 89, Art. V, Secs. 1:2)

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

(a)   For residential dwellings, a charge of $30.00 per calendar month or any portion thereof for residential dwellings served by the City sewer system for which such use and service was utilized.

(b)   Church and light commercial sites shall be charged $32.78 per month for which such use and service was utilized. Heavy commercial and industrial rates are subjected to heavy commercial and industrial use ordinance if applicable.

(c)   For school sites, a charge of $6.17 per month per student enrolled in the school in question, according to the most recent report prior to the month in question, by said school to the State Board of Education or other administrative state agency having control over matters of education in the State of Kansas, for the months September through May inclusive and a charge of $30.00 per month for the months of June, July and August.

(d)   Heavy commercial and industrial users are hereby defined as any user of the sanitary sewer services whose total yearly water usage exceeds the average yearly water usage of all residential water customers in the City. The percentage of water used by these customers above the average water usage shall be computed at the end of each year and those users exceeding 100% of the average yearly residential water usage shall be charged a fee of $60.66 per month.

(e)   Assisted Living Center in living units with limited utilities a charge of $11.88 per month or any portion thereof per room, served by the City sewer system.

(f)   Designated Federal or State Senior Citizen living units, a charge of $23.82 per month or any portion thereof, per apartment served by the City sewer system.

(Ord. 184, Sec. 1; Ord. 213; Ord. 223; Ord. 276; Code 2016)

Monthly charges for users that pay for sewer service only will be billed to and paid by the record owner of the property on a monthly basis.

(Ord. 223; Ord. 276; Code 2016)

The hereby established sewer service charges for the use of and the service supplied by the sewer system of the City of Auburn, Kansas shall consist of the following sections:

(a)   Bonded Indebtedness

(1)   Residential Sites                                           15.78 per site

(2)   Church and Light Commercial Sties               17.24 per site

(3)   School Sites                                                  2.06 per student

(4)   High User Commercial                                  31.89 per site

(5)   Assisted Living Center                                  6.25 per room

(6)   Senior Citizens Apartments                           12.53 per apartment

(b)   Replacement

(1)   Residential Sites                                           3.40 per site

(2)   Church and Light Commercial Sites               3.71 per site

(3)   School Sites                                                  0.45 per student

(4)   High User Commercial                                  6.87 per site

(5)   Assisted Living Center                                  1.35 per room

(6)   Senior Citizens Apartments                           2.70 per apartment

(c)   Operation and Maintenance. The remainder of the monthly bill for all users.

(Ord. 223; Ord. 276; Code 2016)

(a)   The following findings pertaining to sewage collection facilities and services out of the City limits are hereby made and declared:

(1)   The City providing municipal sewer service to county residents is a benefit to these residents;

(2)   The costs associated with attaching individuals to the sewer system that live outside the city limits exceed the return for use of the City’s sewage collection system;

(3)   The City does not have adequate control over the quality of construction of facilities constructed outside the City limits.

(b)   Based on the findings made and declared in subsection (a), it is hereby declared to be the policy of the City that connection outside the City limits of any additional individuals, parties, corporations, entities or property of any type to the City Sewage Collection System will be in part conditioned upon that property owner consenting to annexation of the area to be served.

(Ord. 219; Code 2016)