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

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

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

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

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

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

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

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

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

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

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

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

(p)   Suspended Solids - shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

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

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

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

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

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

(3)   Hydrogen ion concentration of 5.0 to 9.0.

(Code 2016)

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 2016)

(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 as set forth in the city Fee Resolution payable at the time of making application for the permit.

(c)   A public sanitary sewer system impact fee shall be charged for each new sanitary sewer connection permit issued and shall be due and payable at the time such connection permit is issued and will be in the amounts as set in the city Fee Resolution.

The fee for non-residential building connection permits shall be based on population equivalents and shall be set by the city Fee Resolution. For the purpose of this article, an average use of 3,000 gallons of water used per one-month billing period shall be considered one population equivalent (P.E.). The impact fee paid at the time of permit issuance shall be based upon the applicant’s reasonable estimate of water use in the building. Actual average monthly water use will be reviewed at the end of the first 12-month period of normal water use to determine the accuracy of the estimate used in calculating the fee. Adjustments (refund or additional fee) will be calculated to the nearest 0.5 P.E. and applied to the water bill in the next billing period.

(d)   Exceptions: Sewer system impact fees shall not apply to connection permits for construction of structures where a similar structure was previously connected to, and paying for, the sanitary sewer system in the preceding 5 years.

(Ord. 679; Code 2016)

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 superintendent. The application shall contain:

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

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

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

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

(Code 2016)

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

(Code 2016)

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 superintendent and at a location designated by the superintendent.

(Code 2016)

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 2016)

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 2016)

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 2016)

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 2016)

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 2016)

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 2016)

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 2016)

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 types 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 2016)

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 2016)

(a)   If any person as defined in section 1-102 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 2016)

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.

(Ord. 613; Code 2016)

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 15-411 to 15-417.

(Code 2016)

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations governing private sewage disposal systems, the International Private Sewage Disposal Code, 2012 Edition, such code being made a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the International Private Sewage Disposal Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Wellsville,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

The following provisions of are in addition to, or are revisions of, the standard code incorporated by reference in Section 15-413:

(a)   101.1 Title. These regulations shall be known as the Private Sewage Disposal Code of Wellsville, Kansas hereinafter referred to as “this code”.

(b)   101.2 Scope. Septic tank and effluent absorption systems or other treatment tank and effluent disposal systems shall be permitted where a public sewer is not available to the property served and the minimum lot or parcel area is 1.00 acres. For any lot or parcel that has not been created nor is contained within an approved final plat at the time this standard code is adopted, the minimum 1.00 acre requirement shall not include areas within the boundary of the building lot or parcel that are dedicated for roads, streets, alleys, utility easements, drainage easements, pedestrian easements, landscaping easements, or any other similar encumbrances. Unless specifically approved, the private sewage disposal system of each building shall be entirely separate from and independent of any other building. The use of a common system or a system on a parcel other than the parcel where the structure is located shall be subject to the full requirements of this code as for systems serving public buildings.

Appendix A and B of the International Private Sewage Disposal Code are hereby adopted.

(c)   102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures, as set forth in Section 101. Where, in any specific case, different sections of this code, or the Kansas Department of Health and Environment Bulletin 4-2, specify different materials, methods of construction or other requirements, the most restrictive shall govern.

(d)   102.3.1 Maintenance. All new or replacement Private Sewage Disposal Systems, which may include filters, pumps, timers or mechanical treatment as determined by the Code Official, will require semi-annual or annual maintenance contracts by an approved company or provider. All service contracts must include a clause that the City of Wellsville Code Official or his designee will be notified in writing should the contract be terminated. Should any required Service Contract be terminated, and a replacement is not provided by the property owner or designee within 30 days, then according to the regulations of the code, the Private Wastewater System will be considered an Unsafe System under 108.7 of the code.

(e)   104.1.1 Licensing. If the city has in place a contractor licensing requirement, a person licensed as an installer, in a Kansas County with licensing requirements similar to the city’s, as determined by the Code Official, shall be considered licensed for the purpose of designing and installing conventional and shallow in-ground or conventional mound private wastewater systems that are pumped or gravity fed, as determined by the Code Official. Alternative systems such as aerobic, low pressure pipe drip systems or other permitted alternative systems, must be designed by a licensed Professional Engineer, or by a person licensed as a designer in a Kansas county with licensing requirements similar to the city, as determined by the Code Official.

(f)   106.4.2 Fee schedule. The fees for all private sewage disposal work shall be as indicated in the annual Fee Resolution adopted by the City of Wellsville.

(g)   107.1.1 Re-Sale Inspection Add the following: A Re-sale Inspection is required for all properties having a Private Wastewater System. Inspection should be scheduled in advance of closing date to allow enough time to make any repairs. The City Code requires that an inspection be performed within 30 days after a property is purchased. If major repairs are determined, an additional repair permit may be required before system approval.

(h)   202 General Definitions Re-Sale Inspection. A Re-Sale Inspection is a procedure performed by a City Code Inspector to determine the functional status of a private wastewater system. It involves inspection of the indoor plumbing, the functional components of the system, lot site conditions, and a historical file review. A System Inspection is required at sale of any properties with a private wastewater system in the City of Wellsville, with the intent of bringing non- conforming systems up to minimum City Code requirements.

(i)    302.2 Cesspools and privies. The use of privies and other types of dry toilets will be allowed only on sites where there is no sewage produced or under certain temporary conditions as determined by the Code Official. Cesspools shall be prohibited.

(j)    405.1.1 Primary Method. The accepted primary method for determining the wastewater loading rates shall be actual soil verification and the resulting assignment of soil acceptance rates following accepted KDHE guidelines.

(k)   406.1 Minimum Horizontal Separation Distances for Soil Absorption Systems. For a habitable building, slab-on-grade, the separation distance shall be 20 feet. The distance from a lot line shall be 10 feet.

(l)    504.3 Steel tanks. Steel tanks are not allowed by the City of Wellsville.

(m)  504.5 Manholes Manhole risers, collars and extensions shall be of approved materials. Manhole covers shall be water tight and capable of withstanding anticipated loads. All septic tanks shall have (1) manhole cover or more terminated above grade and said cover shall have an approved locking device.

(n)   601.1 Scope. The most restrictive provisions of this chapter, and the provisions of KDHE Bulletin 4-2, shall govern the sizing and installation of soil absorption systems.

(o)   602.1.1 General The use of individual waste stabilization ponds, usually referred to as lagoons, will be considered only if the installation of a septic tank- lateral field disposal system is not practical. Lagoons require approval from City Engineer, Code Official and additional State permits may be required from the Kansas Department of Health and Welfare.

(p)   705.3 Alarm System. Alarm systems shall consist of an audible (bell/horn) and visual (light) mounted in the structure, and shall be located to be easily seen or heard. The high-water sensing device shall be installed approximately 2 inches (51 mm) above the depth set for the “on” pump control but below the bottom of the inlet to the pumping chamber. Alarm systems shall be installed on a separate circuit from the electrical service.

(q)   802.1.1Welded Steel. Welded steel shall not be used for septic tank construction.

(r)    802.5 Manhole covers. Manhole risers shall be provided with a fitted, water-tight cover of concrete, steel, cast iron or other approved material capable of withstanding all anticipated loads. All septic tanks shall have one (1) manhole cover terminated above grade and said cover shall have an approved locking device.

(s)   Table 802.7.1 Revise numbers in columns to read as follows:

1-750

2-1000

3-1250

4-1500

5-2000

6-2500

7-2750

8-3000

(t)    Table 802.8 Revise to read as follows:

Building – 10

Cistern-50

Foundation Wall-10

Lake, high water mark-50

Lot line-10

Pond-50

Reservoir-50

Spring-50

Stream or watercourse-50

Swimming pool-15

Water service-10

Well-50

(u)   805.1 Approval. Holding tanks shall be prohibited for new or permanent installations. Special situations may be submitted for consideration and approval for temporary use by the Code Official. A pumping and maintenance schedule for each holding tank installation shall be submitted to the Code Official.

(v)   1001 Cesspools. Cesspools shall be prohibited for new or permanent installations.

13.44.030 System disposal system permit.

       Before a sewage disposal system is installed or a building permit obtained, a drawing of the proposed sewage disposal system must be submitted to and approved by the city engineer or his or her designated inspector.

(Code 2016)

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

(Code 2016)

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

(Code 2016)

(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 2016)

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

(Code 2016)

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; K.S.A. 12-1617g; Code 2016)

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 2016)

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 2016)

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 2016)

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

(Code 2016)

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 2016)

(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 2016)

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 utility superintendent 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 2016)

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 2016)

(a)   Bills shall be rendered monthly as provided in section 15-221 and shall be collected as a combined utility bill.

(b)   Any person at the time of beginning or terminating service who receives service for a period of less than 17 consecutive days shall be billed at no less than one-half of the regular minimum monthly rate. For service of 17 consecutive days or more the charge shall be not less than the full regular minimum monthly rate.

(Code 2016)

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

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

(Code 2016)

The fees for wastewater shall be as set in the city Fee Resolution and charged on a monthly basis to all users who are connected to the City’s wastewater treatment facility, or who are otherwise required to be connected to the facility but have chosen not to be, except that such charges and fees shall not be assessed for temporary use of water for irrigation purposes during the construction phase of subdivisions:

(Ord. 741, 783; Code 2016)