CHAPTER XV. UTILITIES
Article 1. General Provisions
Article 2. Water
Article 3. Electricity
Article 4. Sewers
Article 5. Water Conservation
Article 6. Gas
Article 7. Cross Connection
ARTICLE 1. GENERAL PROVISIONS
15-101. DEFINITION. For purposes of this article utility services shall include water, electrical, sewer, and other utility services provided by the city. (Code 2015)
15-102. PAYMENT DUE DATE. All bills for utility services furnished by the City shall be due and payable prior to the end of the business day of the 15th of the month following the date of such bill. Should the due day fall on a Sunday or a holiday observed by the City, the next following business day shall be allowed as a day of grace for payment. All charges for City Utility services shall be made and billed monthly. (Ord. 561, Sec. 1; Code 2015)
15-103. DELINQUENT ACCOUNTS. (a) Unless otherwise provided, water, electric, sewer or other utility service shall be disconnected for nonpayment of service fees or charges in accordance with sections 15-103:15-106.
(b) To compensate the City for administrative costs entailed in servicing delinquent utility user accounts, an administrative charge in an amount equal to the greater of (a) five percent (5%) of the amount of the account, or (b) two dollars and fifty cents ($2.50), shall be added to each utility user account which remains delinquent after the due date. (Ord. 561, Sec. 2; Code 2015)
15-104. NOTICE; HEARING. (a) If a utility bill has not been paid on or before the due date as provided in this ordinance, a delinquency and disconnect notice shall be issued by the city billing clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.
(b) The notice shall state:
(1) The amount due, plus delinquency charge;
(2) Notice that service will be disconnected if the amount due is not paid by the 25th of the month unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;
(3) Notice that the customer has the right to a hearing before the designated hearing officer;
(4) Notice that the request for a hearing must be made no later than the business day prior to the date for termination of service.
(c) Upon receipt of a request for hearing, the designated hearing officer shall speak with the customer within three working days following receipt of the request.
(1) The meeting may either be in person or telephone.
(2) The customer on the account or their spouse must be the one to speak with the designated hearing officer.
(3) The designated hearing officer shall be the City Administrator or the City Clerk if requested by the City Administrator. (Ord. 561, Sec. 3; Code 2015)
15-105. SAME; FINDING. Following the hearing, if the hearing officer shall find that service should not be disconnected, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be disconnected, an order shall be issued disconnecting service on the disconnect date. The customer shall be notified either in person, by telephone, or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. If the order is made while the customer is on the phone, then no further notice need be given.
If the consumer is listed as a tenant, the public officer will not grant any extensions past the 1st business day of the month following the stated disconnect date in 15-104(b)(2) unless permission is given by the landlord of said property.
If permission is not given by the landlord or the tenant does not pay by the 1st business day, the utilities shall be disconnected or set in the landlord’s name upon the landlord’s instructions. (Ord. 561, Sec. 3; Code 2015)
15-106. SAME; RECONNECTION AFTER DISCONNECTION. (a) In the event that utility service is disconnected for any reason other than termination, the consumer thereof shall have the right to have the same reconnected only upon the payment of all rates, charges, and penalties due thereon, and in addition, a service charge of fifteen dollars ($15.00) for Electric service and fifteen dollars ($15.00) for Water service for the reconnection of said utility services.
(b) If the user has an emergency situation which requires temporary disconnection of services, upon consulting with the City Administrator, if the City Administrator determines that the disconnection is for good cause, then the reconnect fee may be waived.
(1) Emergency is defined as any event in which continuation of utility services would cause electrical, water, or sewer damage to the home due to a lack of a functioning shut-off valve, connection or breaker box on the user side of the meter. (Code 2015)
15-107. CITY UTILITY CONNECTION SERVICES AND CHARGES. (a) All persons, legal entities and government entities requesting and needing the establishment and initiation of city utility services must first make written application at the City Office in the City of Jetmore, Kansas.
(b) To compensate the City for administrative and service costs, at the time of filing an application for initiating utility services, a non-refundable application fee for connection of the city utility services in the amount of $25.00 for electric and $25.00 for water and/or sewer must be paid by the applicant by cash, check or other payment form acceptable to the City.
(1) Applications are per property hookup and not per customer.
(c) Upon termination of utility services, a new written application and fee will be required before city utility services are re-established.
(d) Upon acquiring additional property, a new written application and fee will be required for each property before city utility services can be established.
(e) City utility services include connection of city-controlled water, sewer, electric and other city-provided services.
(f) If the customer is a tenant of a landlord, a copy of the lease must be filed with the City as well as the name and contact information of the landlord. (Ord. 593, Sec. 1. Code 2015)
15-108. DELINQUENT ACCOUNTS; REFUSAL OF SERVICE; DISCONNECTION OF SERVICE; LIEN AGAINST PROPERTY; TERMINATION OF ACCOUNT.
(a) In the event that any person, except the United States or the state of Kansas, shall fail to pay the fees or charges for such utility service(s), utility service shall be disconnected as provided in sections 15-103:15-106. The City may refuse the delivery of utility service(s), as permitted by law, until such time as the fees and charges are paid in full.
(b) In the event that any person, except the United States or the state of Kansas, residing, occupying, using or operating on property to which utility service(s) furnished by the city is not paid, the unpaid fees or charges shall constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges shall be certified by the city clerk to the county clerk of the county in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law.
(c) The lien, described in subsection (b) of this section, shall not attach to property for unpaid utility fees or charges when:
(1) The utility service(s) have been contracted for by a tenant and not by the landlord or the owner of the property, or the agent of such person, to which the utility service is provided; or,
(2) The utility services are owed by the United States or the state of Kansas.
(d) If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.
(e) If the account becomes delinquent and no extensions have been granted, then the account will be terminated on the 15th of the following month and will require a new application and fee.
(f) If collection on the delinquent account is unsuccessful, the City may pursue the option of submitting the person to the Kansas Set Off program or some other form of collection. (Ord. 593, Sec. 2. Code 2015)
15-109. LANDLORD LIABILITY. (a) Landlords of premises served by utility service under this ordinance shall be liable for half of the payment of the costs of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the landlord or tenant of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the landlord.
(1) The Landlord and the City of Jetmore shall equally split whatever cost has accrued under a delinquent account.
(b) In the event that a delinquency arises involving leased premises, in addition to the tenant, the landlord or landlord’s agent shall be notified in writing of the delinquency of the tenant by first class regular mail within 10 days after the billing to the tenant becomes delinquent. Notice shall be sufficient if mailed to the last known address of the landlord or landlord’s agent known to city personnel responsible for said mailing, after reasonable inquiry.
(c) If utility service is furnished to a leased premises on the application on request of the landlord of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the landlord, and the landlord shall be fully liable for the cost of service furnished.
(d) The city may collect the amount of the unpaid bill for utility services by any lawful means. Provided, however, that in no event may the city place a lien, as provided in subsection (c) of Section 15-108, on real estate of the landlord. (Ord. 593, Sec. 3. Code 2015)
15-110. DENIAL OF SERVICE. (a) If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the City, the application shall not be accepted until all fees or charges are paid in full. (Ord. 593, Sec. 3. Code 2015)
15-111. PETTY CASH FUND. A petty cash fund in the amount of $1,000 is established for the use of the city clerk, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts. (Code 2015)
15-112. SAME; DEPOSITS. The petty cash fund shall be deposited in the regular depository bank of the city and paid out on the order of the city clerk by check which shall state clearly the purpose for which issued. (Code 2015)
15-113. SAME; VOUCHERS. Whenever the petty cash fund becomes low or depleted, the city clerk shall prepare vouchers covering expenses as have been paid from the petty cash fund and shall submit such vouchers together with the paid checks to the governing body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefore shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount. (Code 2015)
15-114. UTILITY BUDGET PAY PROGRAM. A Utility Budget Pay Program is hereby adopted.
(a) Application and Conditions: The city shall offer a Utility Budget Pay Program for residential and small commercial customers on the following terms and criteria:
(1) Where more than one residence is metered by a master meter, this plan shall not apply. (i.e., apartment buildings where all apartments share a single meter.)
(2) Applicants approved for the budget pay program prior to the tenth of the month will take effect on the following month’s bill. Approved applications received after the tenth of the month will take effect two months later.
(b) Renewal: The Utility Budget Pay Program shall automatically renew each September for customers in the program until written notice is received cancelling the agreement.
(1) The budget payment amount will be recalculated each September by taking an average of the 12 previous months, plus a factor of 10%. If the customer has less than a 12-month history, the Utility Billing Clerk and the City Administrator shall determine the budget pay amount.
(c) Payments: Budget payments shall be due each month, regardless of the account balance.
(1) If the monthly utility budget payment is not made by the 15th of the month, penalties will be assessed and must be paid along with the past due budget payment.
(2) After the 26th of each month, if neither payment nor payment arrangement is made, the account will be subject to disconnect for nonpayment. If the account becomes delinquent and is turned off for nonpayment, the budget pay agreement shall be terminated and the full balance owed, including all applicable penalties, must be paid before utilities will be reinstated.
- If disconnection for nonpayment occurs, the customer must wait 12 months before reapplying for the budget pay program.
(3) Payments greater than the amount due will also be accepted. If a credit is shown, the payment due shall be deducted from that credit. Any credit balances remaining shall be applied to future budget payments.
(d) Adjustments: Adjustments to the budget pay amount shall be made by the billing clerk or administrator if it is determined that the account is accruing either too large a deficit or too large a credit.
(1) No account shall carry more than a $300 outstanding balance. If an account accrues $300 or more in deficit, the customer shall be required to make a suitable payment to bring the account below the $300 balance limit.
(e) Returned Checks: If the customer writes a check to pay on an account, and that check is returned by the banking institution as a nonclearing item, the budget pay program shall be terminated immediately.
(1) The customer must pay all amounts owed, along with applicable penalties, and must wait 12 months before reapplying to the program again. (Ord. 655)
ARTICLE 2. WATER
15-201. CITY FOREMAN. The general management, care, control and supervision of the city water system shall be in the city foreman. (Code 2015)
15-202. REGULATIONS. The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article.(Code 2015)
15-203. SERVICE NOT GUARANTEED. The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers. (Code 2015)
15-204. SERVICE CONNECTIONS REQUIRED. (a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located near public water mains, is hereby required at his or her own expense to make connection to such public water main.
(b) Before any connection is made to the city’s water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection. (Code 2015)
15-205. APPLICATION FOR SERVICE. (a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.
(b) The application shall:
(1) Contain an exact description including street address of the property to be served;
(2) State the size of tap required;
(3) State the size and kind of service pipe to be used;
(4) State the full name of the owner of the premises to be served;
(5) State the purpose for which the water is to be used;
(6) State any other pertinent information required by the city clerk;
(7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.
(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207. (Code 2015)
15-206. CITY TO MAKE CONNECTIONS. All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only. (Code 2015)
15-207. CONNECTION FEES. The fees for connection to the city waterworks system shall be as follows:
(a) All expenses for connection to the city waterworks system shall be paid by the citizen requesting the service. Expenses shall include but not be limited to labor, equipment costs, and the necessary parts.
(b) For connecting water main with three-fourths inch tap, three-fourths inch service line and installing three-fourths inch meter, there is a minimum charge of $600.00 plus tax.
(c) For connecting water main with one inch tap, one inch service line and installing one inch meter, there is a minimum charge of $800.00 plus tax.
(d) For connecting water main with one and one-half inch tap, one and one-half inch service line and one and one-half inch meter, there is a minimum charge of $1000.00 plus tax.
(e) For connecting water main with two inch tap, two inch service line and two inch water meter, there is a minimum charge of $1500.00 plus tax. (Code 2015)
15-208. CURB COCKS. There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box. Curb cocks shall be supplied with strong and suitable “T” handles. (Code 2015)
15-209. CHECK VALVES. Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the City Foreman. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch. (Code 2015)
15-210. UNAUTHORIZED SERVICE. It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the City Administrator or City Foreman. (Code 2015)
15-211. METERS. (a) All water furnished to customers shall be metered.
(b) Meters shall be located between the sidewalk or property line and curbing when the main is in the street and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.
(c) The city’s responsibility stops at the meter. (Code 2015)
15-212. SAME; TESTING. Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and the cost of the test, including labor, will be charged to the customer.(Code 2015)
15-213. TAMPERING WITH METER. It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off. (Code 2015)
15-214. LEAKS PROHIBITED; PENALTY. No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has passed through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive. (Code 2015)
15-215. DISCONNECTION, RECONNECTION CHARGE. The governing body shall establish, by ordinance, a water service disconnection, termination, and reconnection charge. Whenever the city receives a request from a customer for termination of water service, no fee will be charged. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the reconnection charge. (Code 2015)
15-216. UTILITY FEE. At the time of making application for water service, the property owner or customer shall make a cash payment in the amount and manner specified in section 15-107 to secure payment of accrued bills or bills due on discontinuance of service. (Code 2015)
15-217. INTERRUPT SERVICE. The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment. (Code 2015)
15-218. PROHIBITED ACTS. It shall be a violation of this article for any unauthorized person to:
(a) Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond the customer’s side of the meter unless such person is employed by the city;
(b) Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;
(c) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city. (Code 2015)
15-219. WASTING WATER. Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense. (Code 2015)
15-220. RIGHT OF ACCESS. Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines. (Code 2015)
15-221. RATES. From and after January 1, 2017, the rates for water sold by the city shall be and are hereby established by the governing body of the City of Jetmore, Kansas as follows:
|Water use in gallons/month||$4.50 per 1,000 gallons from 0-5,000 gallons
$4.80 per 1,000 gallons from 5,001-15,000 gallons
$5.10 per 1,000 gallons from 15,001-40,000 gallons
$5.40 per 1,000 gallons from 40,001 and above
|Minimum monthly charge||$19.15 ($9.15 of which will be used exclusively for the payment of the water tower capital improvement project debt service).|
(Ord. 481, Sec. 1; Ord. 606, Sec. 1; Code 2015; Ord. 649, Sec. 1)
15-222. PAYMENT OF BILLS. All water bills for the previous month’s water service shall be paid according to Article 1. (Code 2015)
15-223. DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING; LIABILITY. Water service shall be disconnected for nonpayment of service fees or charges as provided in Article 1 of this chapter. (Code 2015)
15-224. USE DURING FIRE. No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire. (Code 2015)
ARTICLE 3. ELECTRICITY
15-301. CITY FOREMAN. The general management, care, control and supervision of the city electric system shall be in the city foreman. (Code 2015)
15-302. REGULATIONS. The furnishing of electricity to customers by the city through its electric system shall be governed by the regulations set out in this article.(Code 2015)
15-303. SERVICE NOT GUARANTEED. The city does not guarantee the delivery of electricity at any time. (Code 2015)
15-304. APPLICATION FOR SERVICE. (a) Any person, firm or corporation desiring a connection with the city electric system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.
(b) The application shall:
(1) Contain an exact description including street address of the property to be served;
(2) State the full name of the owner of the premises to be served;
(3) State the purpose for which the electricity is to be used;
(4) State any other pertinent information required by the city clerk;
(5) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.
(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-306.
(d) Electrical service to any residential dwelling or commercial building erected after February 1, 1979 will not be provided until the owner of such structure certifies in writing that said structure meets insulation standards as set out in the Kansas Corporation Commission’s Docket Number 110, 766-U orders of March 31, 1978 and May 13, 1977. These certification forms shall be provided by the city clerk and remain on file for five (5) years from the date it is filed. (Ord. 482, Sec. 1:2; Code 2015)
15-305. CITY TO MAKE CONNECTIONS. All connections to the city electric system are to be connected by city employees only. (Code 2015)
15-306. CONNECTION FEES. The fees for connection to the city electric system shall be stated in the Electric Installation Policy. The Governing Body hereby incorporates the Electric Installation Policy in this code. (Code 2015)
15-307. METERS. (a) All electric current furnished by the City of Jetmore from its electric system shall be metered. All meters shall be installed, removed and repaired only by employees of the City of Jetmore. The City shall have the right to place a seal on any meter or meter box installed by it at any time.
(b) All meters shall be read monthly, and each customer shall be promptly notified of the amount of their bill for the preceding month as laid out in Article 1 of this chapter. (Ord. 310, Sec. 1:4; Code 2015)
15-308. INTERRUPT SERVICE. The city reserves the right to suspend electric service for the purpose of making repairs or extensions to electric lines or equipment. (Code 2015)
15-309. RIGHT OF ACCESS. Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or electric lines. (Code 2015)
15-310. UTILITY FEE. At the time of making application for electric service, the customer shall make a cash payment in the manner specified in section 15-107 to secure payment of accrued bills or bills due on discontinuance of service. (Ord. 419, Sec. 3; Code 2015)
15-311. RATES. (a) The rates per month for the use of water in the city shall be as follows:
|Residential light, heat, and small powerMonthly customer charge||$0.133 per KWH$13.00|
|Commercial and Agriculture irrigation light, heat, and power:Monthly customer charge||$0.133 per KWH
(b) Upon declaration of an Electric Utility Emergency, the mayor may declare imposition of a Fuel Adjustment policy.
(c) When the mayor declares imposition of the Fuel Adjustment policy, a new rate will be calculated and charged based on the following equations:
(1) Total Summation of Wholesale Charges for Previous 12 months (divided by) Total Summation of kWh purchased through wholesale for Previous 12 months = Average Cost for Production
(2) Wholesale Charge for Previous Month (divided by) Consumption for Previous month = Previous Month Average Cost for Production
(3) Previous Month Average Cost for Production (minus) Average Cost for Production = Difference in Production Costs
(4) Current City Electric Rate (plus) Difference in Production Costs = New Rate. (Ord. 568, Sec. 2:3; Ord. 607, Sec. 1; Code 2015)
15-312. PAYMENT OF BILLS. All electricity bills for the previous month’s electric service shall be paid as laid out in Article 1. (Ord. 244, Sec. 4; Ord. 478, Sec. 1; Code 2015)
15-313. DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING; LIABILITY. Electric service shall be terminated for nonpayment of service fees or charges as provided in Article 1 of this chapter. (Code 2015)
15-314. DISCONNECTION, RECONNECTION CHARGE. The governing body shall establish, by ordinance, an electric service disconnection, termination, and reconnection charge. Whenever the city receives a request from a customer for termination of electric service the, no fee will be charged. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the reconnection charge. (Code 2015)
15-315. DEMARCATION LINE OF ELECTRIC RESPONSIBILITY. The city’s electric utility responsibility stops at the weather head. (Ord. 635)
15-316. POLE ATTACHMENT CHARGES. (a) For each attachment to a utility pole, the annual fee will be five dollars ($5.00), payable annually. The number of attachments to be charged will be based on the total number of attachments as of January 1st of each year beginning January 1st, 2015.
(b) Permission to attach and the method of attachment are at the discretion of the City of Jetmore. (Ord. 636)
ARTICLE 4. SEWERS
15-401. 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 innerface 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) City Foreman – shall mean the city foreman of the city or his or her authorized deputy, agent or representative.
(e) PH – shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(f) 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.
(g) 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.
(h) Lagoon – shall mean any structures used for storing sewage.
(i) 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.
(j) 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.
(k) Sewer – shall mean a pipe or conduit for carrying sewage.
(l) Public Sewer – shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
(m) Combined Sewers – shall mean sewers receiving both surface runoff and sewage, are not permitted.
(n) Sanitary Sewer – shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
(o) Storm Sewer or Storm Drain – shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
(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 2015)
15-402. 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 2015)
15-403. 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 charged a fee of $100.00 payable at the time of making application for the permit. (Ord. 534, Sec. 1; Code 2015)
15-404. 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 City Foreman. 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 2015)
15-405. 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 building the sewer. (Code 2015)
15-406. 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 city foreman and at a location designated by the city foreman. (Code 2015)
15-407. 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 2015)
15-408. SAME; SPECIFICATIONS. The building sewer shall be constructed of cast iron pipe, ASTM specifications A74-42, or approved equal; vitrified clay sewer pipe, ASTM specifications C13-44T, or approved equal; 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 constructed of approved cast iron soil pipe with approved joints. No building sewer shall be installed within three feet of existing gas lines. If installed in filled or unstable ground, the building sewer shall be constructed of cast iron soil pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city. (Code 2015)
15-409. 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 2015)
15-410. 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 2015)
15-411. 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 2015)
15-412. 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 2015)
15-413. 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 2015)
15-414. 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 insure a compliance with this requirement, requiring that the building sewer withstand an internal water pressure of 5 psi., without leakage.
Cast iron pipe with lead joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specifications QQ-L-156, not less than one inch deep. Lead shall be run in one pour and caulked and packed tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.
All joints in vitrified clay pipe shall be the polyurethane-compression type joints, approved by the city inspector.
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 insure minimum root penetration and to the satisfaction of the city. (Code 2015)
15-415. 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 2015)
15-416. FAILURE TO CONNECT. (a) If any person as defined in section 15-402 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 2015)
15-417. 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 2015)
15-418. PRIVATE SEWER SYSTEM. Where a public sanitary sewer is not available under the provisions of section 15-402 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-417 to 15-418. (Code 2015)
15-419. SAME; PERMIT. Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city foreman. The application shall be accompanied by any plans, specifications or other information deemed necessary by the city foreman. A permit and inspection fee of $50.00 shall be paid to the city at the time the application is filed. (Code 2015)
15-420. SAME; INSPECTION. The city foreman or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the foreman 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 city foreman. (Code 2015)
15-421. 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 15-402, 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 2015)
15-422. 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 2015)
15-423. 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.(K.S.A. 12-1617e; 12-1617g; Code 2015)
15-424. 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 2015)
15-425. 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 2015)
15-426. 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 2015)
15-427. 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 city foreman, to meet all requirements of this article. (Code 2015)
15-428. 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 2015)
15-429. 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 2015)
15-430. SAME; EXCEPTION. Discharges from air conditioning units in excess of one ton per hour or one horsepower may be permitted into a building sewer upon approval of the city foreman where there is a finding that such cooling water cannot be recirculated and that such waste water does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city. (Code 2015)
15-431. 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 2015)
15-432. BILLS. (a) Bills shall be rendered monthly as provided in section 15-102 and shall be collected as a combined utility bill. (Code 2015)
15-433. DELINQUENT ACCOUNTS; LIEN AGAINST PROPERTY; OTHER REMEDIES.
(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 Article 1 of this chapter.
(b) All other remedies regarding delinquent accounts, and exceptions thereto, contained in Article 1 of this chapter shall apply to sewer service fees, charges and services. (Code 2015)
15-434. SEWER SERVICE CHARGE. The monthly charge for sewer service shall be $16.00 per month per utility hookup, plus $1.00 per 1,000 gallons of average sewer flow as determined by usage in the months of January, February, and March of each year. (Ord. 615, Sec. 1; Code 2015)
15-435. DEMARCATION LINE OF SEWER RESPONSIBILITY. Responsibility for the sewer line extending from the public sewer main to the owner’s property resides with the owner. The city’s responsibility begins at the public sanitary sewer main. (Ord. 635)
15-436. [SEWER RESERVE FUND.] (a) In accordance with the provisions of KSA 12-631o, there is hereby established a Sewer Reserve Fund, which shall be used by the City of Jetmore to finance, in whole or in part, any public sewer improvement need as set forth in the city’s sewer reserve fund.
ARTICLE 5. WATER CONSERVATION
15-501. PURPOSE. The purpose of this article is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such an emergency is declared. (Code 2015)
15-502. DEFINITIONS. (a) Water – shall mean water available to the city for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.
(b) Customer – shall mean the customer of record using water for any purpose from the city’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
(c) Waste of Water – includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.
(d) The following classes of uses of water are established:
Class 1: Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational area; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
Class 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.
Class 3: Domestic usage, other than that which would be included in either classes 1 or 2.
Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation. (Code 2015)
15-503. DECLARATION OF A WATER EMERGENCY. Whenever the governing body of the City or authorized official finds that water conservation is necessary due to a shortage of water supply needed for essential uses, it shall be empowered to begin a progressive three (3) stage water conservation program by declaring a water watch, water warning, or water emergency.
- Declaration of Water Watch: Whenever the governing body of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper.
- Declaration of Water Warning: Whenever the governing body of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it’s declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. Pursuant to the approval of the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, the recommended restrictions on nonessential uses may be extended to private wells within the City limits.
- Declaration of Water Emergency: Whenever the governing body of the City finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper. Pursuant to the approval of the Chief Engineer, Division of Water Resources, Kansas Department of Agriculture, the recommended restrictions on nonessential uses may be extended to private wells within the City limits. (Ord. 597, Sec. 3; Code 2015)
15-504. VOLUNTARY CONSERVATION MEASURES. Upon the declaration of a water watch or water warning as provided in section 15-503, the mayor or city administrator is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate non-essential water uses including, but not limited to, limitations on the following uses:
(a) Class 1 uses of water
(b) Waste of water. (Ord. 597, Sec. 4; Code 2015)
15-505. MANDATORY CONSERVATION MEASURES. Upon the declaration of a water supply emergency as provided in section 15-503, the mayor is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
(a) Suspension of new connections to the city’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective date of the declaration of the emergency;
(b) Restrictions on the uses of water in one or more classes of water use, wholly or in part;
(c) Restrictions on the sales of water at coin-operated facilities or sites;
(d) The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
(e) Complete or partial bans on the waste of water; and
(f) Any combination of the foregoing measures as the governing body of the City or authorized city official may deem appropriate and/or necessary. (Ord. 597, Sec. 5; Code 2015)
15-506. EMERGENCY WATER RATES. Upon the declaration of a water supply emergency as provided in section 15-503, the governing body of the city shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:
(a) Higher charges for increasing usage per unit of the use (increasing block rates);
(b) Uniform charges for water usage per unit of use (uniform unit rate); or
(c) Extra charges in excess of a specified level of water use (excess demand surcharge). (Code 2015)
15-507. REGULATIONS. During the effective period of any water supply emergency as provided for in section 15-503, the mayor or city administrator is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting. (Ord. 597, Sec. 7; Code 2015)
15-508. VIOLATIONS, DISCONNECTIONS AND PENALTIES. (a) If the mayor, city administrator, or other city official or officials charged with implementation and enforcement of this article or a water supply emergency resolution or ordinance learn of any violation of any water use restrictions imposed pursuant to sections 15-505 or 15-507, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the city who is responsible for the violation or its correction shall be provided with either actual or mailed notice. The notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the city may terminate water service to the customer subject to the following procedures:
(1) The city shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city governing body or a city official designated as a hearing officer by the governing body.
(2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(3) The governing body or hearing official shall make findings of fact and order whether service should continue or be terminated.
(b) A fee of $30 shall be paid for the reconnection of any water service terminated pursuant to subsection (a).
(c) Violation of this article shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this article shall be guilty of a municipal offense. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine set by the municipal court, not to exceed $500.00. In addition, such customer may be required by the court to serve a definite term of confinement in the city or county jail which shall be fixed by the court and which shall not exceed 30 days. (Ord. 597, Sec. 8; Code 2015)
15-509. EMERGENCY TERMINATION. Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all service connections as required to protect the health and safety of the public or for any other emergency as required or authorized by ordinance or as deemed necessary for the City by such city official or the governing body of the City. (Ord. 597, Sec. 9; Code 2015)
ARTICLE 6. GAS
ARTICLE 7. CROSS CONNECTION
15-701. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this article:
(a) Air gap separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.
(b) Approved tester means a person qualified to make inspections; to test and repair backflow prevention/cross connection control devices; and who is approved by the city.
(c) Authorized representative means any person designated by the city to administer this cross connection control regulation.
(d) Auxiliary water supply means any water source or system, other than the city, that may be available in the building or premises. This does not include other KDHE permitted public water supply systems.
(e) Backflow means the flow other than the intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.
(f) Backflow prevention device means any device, method, or type of construction intended to prevent backflow into the public water supply system.
(g) Consumer means any individual, firm, partnership, corporation, or agency or their authorized agent receiving water from the city.
(h) Contamination means an introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health, or may cause an esthetic deterioration, color, taste or odor.
(i) Cross connection means any physical connection or arrangement between two (2) otherwise separate piping systems; one of which contains potable water of the public water supply system, and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be backflow from the second system to the public water supply system. No physical cross connection shall be permitted between a public water supply system and an auxiliary water supply system.
(j) Degree of hazard means an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.
(k) Health hazard means any condition, device, or practice in the public water supply system that could create or may create a danger to the health and well-being of anyone using the water or allow contamination of the water.
(l) Public water system means the water supply source, distribution system and appurtenances to the service meter operated as a public utility that supplies potable water to the consumers’ water systems.
(m) Public water supply system means the public water system and the consumers’ water systems.
(n) Consumer’s water system means all service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.
(o) Service connection means the terminal end of the service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter. (Code 2015)
15-702. CROSS CONNECTION CONTROL GENERAL POLICY. (a) The purpose of this article is:
(1) To protect the public water supply system from contamination.
(2) To promote the elimination, containment, isolation, or control of cross connection between the public water supply system and non-potable water systems, plumbing fixtures, and industrial process systems or other systems which introduce or may introduce contaminants into the public water system or the consumer’s water system.
(3) To provide for the maintenance of a continuing program of cross connection control which will prevent the contamination of the public water supply system.
(b) Application. This regulation shall apply to all consumers’ water systems. The city may also require cross connection control devices at the service connections of other KDHE permitted public water supply systems served by the city.
(c) Intent. This policy will be reasonably interpreted by the city. It is the intent of the city to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
(d) If, in the judgment of the city or its authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumers shall immediately comply by providing the required protection at their personal expense. Failure or refusal or inability on the part of the consumer to provide such protection shall constitute grounds for the discontinuation of water service to the premises until such protection has been provided. (Code 2015)
15-703. CROSS CONNECTIONS PROHIBITED. (a) No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public water supply system may exist unless such actual or potential cross connections are abated or controlled to the satisfaction of the city or its authorized representative.
(b) No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system. (Code 2015)
15-704. SURVEY AND INVESTIGATIONS. (a) The consumer’s premises shall be open at all reasonable times to the city or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross connections in the consumer’s water system.
(b) On request by the city or its authorized representative, the consumer shall furnish requested information on water use practices within his premises and in the consumer’s water system.
(c) On request by the city or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer’s water system to determine whether there are actual or potential cross connections. The consumer shall provide the survey results to the city or its authorized representative. (Code 2015)
15-705. WHERE PROTECTION IS REQURIED. (a) An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where, in the judgment of the city or its authorized representative or the KDHE, actual or potential cross connections exist. The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public water supply system.
(b) An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the city or its authorized representative or the KDHE, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present a health hazard or contamination of the public water supply system from a cross connection. This includes but is not limited to the following situations:
(1) Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the city or its authorized representative and the KDHE.
(2) Premises having internal plumbing arrangements, which make it impractical to ascertain whether or not, cross connections exist.
(3) Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist.
(4) Premises having a repeated history of cross connections being established or re-established.
(5) Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
(6) Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
(7) Premises where toxic or hazardous materials are handled.
(c) The following types of facilities fall into one or more of the categories or premises where an approved air gap separation or reduced pressure principle backflow prevention device may be required by the city or its authorized representative or the KDHE to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the city or its authorized representative and the KDHE:
(1) Agricultural chemical facilities
(2) Auxiliary water systems, wells
(4) Bulk water loading facilities
(5) Car washing facilities
(6) Chemical manufacturing, processing, compounding or treatment plants
(7) Chill water systems
(8) Cooling towers
(10) Fire protection systems
(11) Hazardous waste storage and disposal sites
(12) Hospitals, mortuaries, clinics or others as discovered by sanitary surveys
(13) Irrigation and sprinkler systems
(14) Laundries and dry cleaning
(15) Meat processing facilities
(16) Metal manufacturing, cleaning, processing and fabricating plants
(17) Oil and gas production, refining, storage or transmission properties
(18) Plating plants
(19) Power plants
(20) Research and analytical laboratories
(21) Sewage and storm drainage facilities–pumping stations and treatment plants
(22) Veterinary clinics (Code 2015)
15-706. BACKFLOW PREVENTION DEVICES. (a) Any backflow prevention device required by this regulation shall be of a model or construction approved by the city or its authorized representative and the KDHE.
(1) Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
(2) Double check valve assemblies or reduced pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the KDHE, unless the device was installed at the time this regulation was passed and complies with required inspection and maintenance.
(b) The following devices are recognized for cross connection control and backflow prevention by the Kansas Department of Health & Environment.
(1) Air Gap. Gap must be two pipe diameters (inch on instance less than one inch). Must be inspected annually. Satisfactory for any material. Whenever practical, this is the control method of choice.
(2) Reduced Pressure Principle Backflow Preventer. Contains two specifically designed, soft seated, independently acting check valves with a reduced pressure zone (with relief valve) between the two checks. Shut off valves before and after the device. Satisfactory for most toxic materials. Significant pressure loss. (10 psi or more) Must be tested and inspected annually. Repaired as necessary.
(3) Double Check Valve Assembly. Contains two soft-seated independently acting check valves in series. Shut off valves before and after device. Adequate for non-toxic applications only. Minor pressure loss. Must be inspected and tested annually. Repaired as necessary.
(4) Pressure Vacuum Breaker. Must be installed a minimum of 12 inches above highest point of usage. No backpressure, only back siphonage. Can operate under constant pressure. Shut off valve can be located beyond the vacuum breaker. Must be inspected and tested annually. Repaired as necessary.
(5) Atmospheric Vacuum Breaker. Must be installed a minimum of 6 inches above highest point of usage. No backpressure, only back siphonage. Not for use under constant pressure. Shut off valves must be located ahead of vacuum breaker. Must be inspected annually and repaired as necessary. (Code 2015)
15-707. INSTALLATION. (a) Backflow prevention devices required by this policy shall be installed at a location and in a manner approved by the city or its authorized agent. All devices shall be installed at the expense of the water consumer, unless the city or its authorized representative agrees otherwise.
(b) Backflow prevention devices installed at the service connection shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
(c) Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturers’ recommendations. (Code 2015)
15-708. INSPECTION AND MAINTENANCE. (a) The consumer is required by this regulation to inspect, test, and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the city or its authorized representative.
(1) Air gap separations shall be inspected at the time of installation and at least monthly.
(2) Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty months.
(3) Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five years.
(b) Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by an approved tester.
(c) Whenever backflow prevention devices required by this policy are found to be defective, they shall be repaired or replaced without delay at the expense of the consumer.
(d) The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. All records of inspections, tests, repairs, and overhauls shall be provided within 30 days to the city or its authorized representative.
(e) All backflow prevention devices shall have a tag showing the date of the last inspection, test, or overhaul or other maintenance.
(f) Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the city or its authorized representative. (Code 2015)
15-709. VIOLATIONS AND PENALTIES. (a) The city or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the city or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross connection exists.
(b) Water service to such premises shall not be restored until the consumer is in compliance with this cross connection regulation to the satisfaction of the city or its authorized representative. (Code 2015)