ORDINANCE NO. 120551,
AS AMENDED
Amending Chapters 60, 61 and 78,
Code of Ordinances of Kansas City, Missouri, entitled “Sewers and Sewage
Disposal”, “Stormwater” and “Water”, respectively, by repealing those chapters
and enacting in lieu thereof new chapters of like number and subject matter.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapters 60, 61 and 78, Code of Ordinances of Kansas City, Missouri, entitled
“Sewers and Sewage Disposal”, “Stormwater” and “Water”, respectively, by
repealing those chapters and enacting in lieu thereof new chapters of like
number and subject matter, to read as follows:
CHAPTER 60 - ARTICLE
I. - IN GENERAL
Sec. 60-1. Control of sewers and
sewage treatment works.
Sec. 60-2. Sewer charges for
resident users.
Sec. 60-3. Sewer charges for
nonresident users.
Sec. 60-4. Use of sanitary
charges.
Sec. 60-5. Exemption from sewer
charges.
Sec. 60-6. Payment of sewer
charges.
Sec. 60-7. Measurement of water
use when water not supplied by city.
Sec. 60-8. Prohibited deposits.
Secs. 60-9—60-19. Reserved.
Sec.
60-1. Control of sewers and sewage treatment works.
(a) The water services department shall have control of, and
responsibility for, the planning and construction of all sanitary sewers which
are financed by special assessment against the benefited property, all sewers
constructed privately as a part of the city's sewer system, by persons, firms,
corporations and associates, under a permit issued by the water services
department, and sewers constructed from funds otherwise made available to the
department by appropriate action of the city council.
(b) The water services department shall have responsibility
for the planning and construction of all sewerage works which are financed by
revenue from sewer service charges, from revenue derived from the sale of bonds
redeemable from sewer service charges, from revenues derived from grants of the
federal or state government or any governmental entity, and from funds
otherwise made available to the water services department by appropriate action
of the city council. The water services department shall also have responsibility
for the maintenance and operation of the city sewerage system, including
sanitary sewers, storm sewers, combined sewers, pumping stations, force mains
and sewage treatment works.
Sec.
60-2. Sewer charges for resident users.
There are hereby levied charges against every person,
partnership, corporation, association, and other entity within the city limits
having an actual or available connection with the city's sanitary sewer system,
or otherwise discharging sewage, industrial waste, water or other liquid into
the system. All charges shall be prorated per day during the billing period.
Such charges are to be the sum of charges for service, volume and high
concentration charges to be computed and levied as follows:
(1) Service charges.
a. Sanitary sewer. A service charge
of $11.55 per month to defray in part the cost of billing, collecting,
accounting services, system availability and readiness to serve the customer,
and shall be prorated per day during the billing period and shall apply whether
or not any sewage or wastes are actually discharged to the city sewer during
the billing period; such charges are to be made each month.
b. Wastewater discharge permits.
Commercial and industrial users shall pay for the cost of the wastewater discharge
permitting program as described and authorized in article IV of this chapter.
Permit application fees, permit maintenance fees and other miscellaneous
charges as authorized in article IV of this chapter shall be billed and
collected with the commercial or industrial users' normal water and/or sewer
billing charges.
(2) Volume charges. A volume charge of
$3.82 per 100 cubic feet based upon the total volume of water purchased by the
customer during the billing period subject to the following adjustments:
a. Water supplied from separate source.
Where water is supplied by a separate and independent source, the sewage volume
charge shall be based upon the volume of water used, where such information is
available, and computed at the volume charge established herein. Where usage
information is not available, the water services department shall determine an
appropriate volume of water used and compute it at the volume charge
established herein.
b. Residential accounts. Except as
noted in (2)(a), residential service account (one- and two-family residences)
volume charges for the bills generated during the months of May through
December shall be based upon water used during the winter period, such winter
period being the bills generated during January through April, (these are the
billing periods that most closely correspond to the December through March
usage); such charges shall be payable with each bill rendered throughout the
year. Where residential water services accounts do not have an acceptable
history of winter water use, the volume charge for bills generated during the
months of May through December shall be the volume charge established herein,
or $28.65 per month, whichever is the lesser.
c. Commercial and industrial water
accounts with diverted water uses. Commercial and industrial water accounts
are all water service accounts other than one- and two-family dwellings.
Diverted water uses are those where a significant portion of the water
purchased is used in manufactured products such as ice, canned goods or
beverages and the product is transported in containers away from the premises
or where the water purchased is lost by evaporation or irrigation. The director
of the water services department or the director’s representative, shall make
the determinations of fact as to the amount of water which is diverted, and
shall have authority to adjust the sewer use volume billed on the basis of the
facts ascertained. There is an application fee of $335.00 for site review, plan
review and installation inspection.
(3) Commercial and industrial water
accounts with high concentration discharges. Commercial and industrial
water accounts shall include all water service accounts other than one- and
two-family dwellings. High concentration discharges are those in which the BOD
(biochemical oxygen demand), SS (suspended solids), and/or O&G (oil and
grease) concentrations are in excess of the maximum concentration of these
components in normal sewage as defined in article IV of this chapter. In
addition to other sewer service and volume charges, a surcharge, as established
by the formulae defined and set forth in article IV of this chapter, shall be
levied on high concentration discharges received from any customer under this
section.
For surcharge rate formulae calculation purposes, the following rates are
hereby established:
RB (surcharge per pound of excess BOD) = $0.297
RS (surcharge per pound of excess SS) = $0.181
RG (surcharge per pound of excess O&G) = $0.131
The director of water services is hereby authorized to promulgate
regulations to develop various groups and classes to facilitate the equitable
distribution of surcharge fees among like groups of customers.
(4) Definition. Month or monthly, as
used in this section, shall refer to a time period of 30 days.
Sec.
60-3. Sewer charges for nonresident users.
(a) There are hereby levied charges against every
person, partnership, corporation, association, and other entity outside the
city limits having a connection with the city’s sanitary sewer system or
otherwise discharging sewage, industrial waste, water or other liquids into the
city‘s sewer system.
All charges billed shall be prorated per day during
the billing period. Such charges are to be the sum of service charges and
volume charges to be computed and levied as follows:
(1) Metered connections with municipalities
and political subdivisions. Bulk flows through a metered interconnection
with a municipality or other political subdivision shall be charged and pay a
rate of $2.21 per 100 cubic feet (ccf), with no service charges.
(2) Metered connections with
municipalities and political subdivisions directly connected to the treatment
plant. Bulk flows through a metered interconnection with a municipality or
political subdivision connected directly to the treatment plant shall be
charged and pay a rate of $2.13 per 100 cubic feet (ccf), with no service
charges.
(3) Unmetered connections with
municipalities and other political subdivisions. Bulk flows through an
unmetered interconnection with a municipality or other political subdivision
shall be charged and pay a rate of $2.79 per 100 cubic feet (ccf) of actual
water consumption for all residential, commercial and industrial customers, and
shall also pay a service charge of $9.90 per month for each such customer.
(4) Unmetered connections with
municipalities and other political subdivisions; no water consumption records.
Where actual water consumption records are not available, bulk flows from a
municipality or political subdivision through an unmetered interconnection
shall pay a sewer charge of $30.26 per month per dwelling unit or equivalent
dwelling unit.
(5) Individual non-resident customers
billed directly by the city. Individual non-resident customers billed
directly by the city shall pay a service charge of $17.84 per month, plus a
volume charge of $5.56 per 100 cubic feet (ccf).
(6) Accounts with high concentration
discharges. High concentration discharges are those in which the BOD
(biochemical oxygen demand), SS (suspended solids), and/or O&G (oil and
grease) concentrations are in excess of the maximum concentration of these
components in normal sewage as defined in Article IV of the chapter. In
addition to other sewer service and volume charges, a surcharge, as established
by the formulae defined and set forth in Article IV of this chapter, shall be
levied on high concentration discharges received from any non-resident user.
For surcharge rate formulae calculation purposes, the following rates are
hereby established:
RB (surcharge per pound of excess BOD) = $0.341
RS (surcharge per pound of excess SS) = $0.205
RG (surcharge per pound of excess O&G) = $0.133
The Director is hereby authorized to develop various groups and classes
to facilitate the equitable distribution of surcharge fees among like groups of
customers.
(b) Definition. Month or monthly, as
used in this section shall refer to a time period of 30 days.
(c) Applicability. This section may not
be applicable where arrangements for sewer service and sewer service charges
are established by an existing or future contract or cooperative agreement.
Sec.
60-4. Use of sanitary charges.
Revenues from sanitary sewer charges are to be used to pay
the cost of operating, maintaining, repairing or enlarging the existing or
future sanitary sewer system and for paying the principle of and interest on
the negotiable interest-bearing sewer revenue bonds of the city.
Sec.
60-5. Exemption from sewer charges.
All occupants of property not having a connection with the
sanitary sewer system of the city and not having sewers available for
connection shall be exempt from the sanitary sewer service charge and the
volume charge.
Sec.
60-6. Payment of sewer charges.
The sewer charges provided in sections 60-2 and 60-3 shall be
due and payable to the water services department at the same time as the water
bill, or at such other time as designated on the bill for the sewer charges.
Sec.
60-7. Measurement of water use when water not supplied by city.
If an occupant of property discharging sewage, industrial
waste, water or other liquids into the city sewerage system is not a user of
water supplied by the water services department of the city, then such
occupant, at his own expense, shall install a meter or other measuring device
acceptable to the director of the water services department for the purpose of
measuring water used on the property. Should the occupant fail to install such
meter or measuring device, then the director of the water services department
shall compute the amount of water used and such computation shall be the basis
of the sanitary sewer service charge. Access to such meter or other measuring
device as may be installed shall be given to the water department employees for
the purpose of reading, inspecting, testing or repair of such meter or other
measuring device at any reasonable time.
Sec.
60-8. - Prohibited deposits.
No person shall deposit or throw, or cause to be thrown or deposited,
into any sewer, sewer inlet or manhole, any animal or vegetable substance or
any hay, straw, ashes, cinders, sticks, shavings, trash, soot, oyster shells,
cans, rubbish, broken ware,
rags, pieces of iron or other metal or old wearing apparel, or any other article
or thing whatsoever that may obstruct the free flow of water therein.
Secs.
60-9—60-19. - Reserved.
CHAPTER 60 - ARTICLE II. -
SEWER AND DRAIN CONSTRUCTION AND CONNECTION
DIVISION I. - CONSTRUCTION
DIVISION II. - COSTS OF CONSTRUCTION, SPECIAL ASSESSMENTS
DIVISION I. - CONSTRUCTION
Sec. 60-20. City's powers to
construct sewers and drains.
Sec. 60-21. Sewers.
Sec. 60-22. Public sewers.
Sec. 60-23. District sewers.
Sec. 60-24. Joint district
sewers.
Sec. 60-25. Private sewers.
Sec. 60-26. Connecting private
sewers to trunk sewers—Generally.
Sec. 60-27. Connecting building
sewers and other private drains to public sewer.
Sec. 60-28. Connecting private
sewers with district or joint district sewers.
Sec. 60-29. Connecting private
sewers with district or joint district sewers—Bonds; liability insurance.
Sec. 60-30. Connecting private
sewers with district or joint district sewers—Contents of contract; recording
of contract.
Sec. 60-31. Guards, lights and
barriers.
Sec. 60-32. Construction of
private sewage disposal systems.
Secs. 60-33—60-39. Reserved.
Sec.
60-20. City's powers to construct sewers and drains.
The city shall have power to acquire, construct, reconstruct,
repair, maintain, enlarge, alter and extend sewers, drains, canals, septic
tanks, sewage disposal works and plants, including all inlets, outlets,
equipment and other appurtenances thereto; and to improve water courses and the
banks thereof, divert the water thereof and change the channels of the same,
and to pay for such public improvements, in whole or in part, out of the
general funds or by bonds or the proceeds of bonds, or by special assessments
on land, or special tax bills or securities evidencing special assessments, and
to make, levy, assess and collect special assessments to pay therefor, in the
manner provided herein, and to issue special tax bills and other evidences of
such assessments. When not otherwise limited or prohibited by the constitution
of the state, the powers above enumerated may be exercised by the city outside
of the city limits for the benefit of the city and its inhabitants.
Sec.
60-21. Sewers.
The general sewer system of the city shall be divided into
four classes, to-wit: public, district, joint district and private sewers. The
city may, by ordinance, find and determine the class to which any sewer
belongs, and the finding and determination of the city in that respect shall be
final and conclusive.
Sec.
60-22. Public sewers.
Public sewers shall be established and constructed at such
time, to such extent, and of such dimensions and materials as may be approved
by the director of water services, and under such regulations as may be
provided by ordinance. Such sewers may be extensions or branches of sewers
already constructed, or to be constructed, or entirely new throughout, as may
be deemed expedient. Public sewers shall be paid for out of the general fund of
the city or out of the proceeds of bonds, or otherwise than by special
assessments, except as provided in section 60-47.
Sec.
60-23. District sewers.
District sewers shall be constructed or reconstructed within
the limits of the districts heretofore or hereafter established by ordinance,
as the case may be. Any sewer district heretofore or hereafter established may
be subdivided, enlarged or changed by ordinance at any time previous to the
construction of any district sewer therein; but no such district shall be
subdivided, enlarged or changed after a district sewer shall have been
constructed therein.
The city may, with the approval of the director of
water services, from time to time, cause a district sewer or sewers in any
sewer district heretofore or hereafter established, to be constructed or
reconstructed; and every such sewer or sewers shall be such as shall be
prescribed by the director of water services and confirmed as herein required
by ordinance.
Any district sewer heretofore or hereafter constructed
may be changed, diminished, enlarged or extended, and shall have such laterals,
inlets and other appurtenances as may be prescribed by the director of water
services and confirmed by ordinance.
Sec.
60-24. Joint district sewers.
Whenever the city shall deem it necessary that a sewer be
constructed or reconstructed in any part of the city containing two or more
sewer districts it may, by ordinance, unite such sewer districts into a joint
sewer district and cause a sewer to be constructed therein and assessments may
be levied and apportioned to pay therefor, or for reimbursement of the
revolving public improvement fund for payments made on account thereof, in like
manner in all respects as is provided in this article in case of district
sewers; except that in cases of joint district sewers the city may provide in
the ordinance creating such joint sewer district and authorizing such joint
sewer that the city shall pay a certain sum, to be specified in said ordinance,
toward the cost of such joint district sewer.
Should the council, by ordinance, unite two or more sewer
districts into a joint sewer district for the purpose of constructing or
reconstructing a joint district sewer therein, such action of the council shall
be conclusive for all purposes, and no special tax bills or assessments shall
be held invalid or affected on account of the included drainage area thereof,
or the size, character and purpose of such sewer, but no sewer district shall
be included in such joint district which is not included in the natural
drainage area of the valley or watercourse in which the joint district sewer is
proposed to be constructed.
Sec.
60-25. Private sewers.
Private sewers may be constructed under such regulations,
specifications and restrictions as may be provided by the director of water
services; but the city shall be at no expense in the construction or repairing
of the same. Sewers constructed by private contract, or private sewers
constructed in any public street, alley or other highway, or on land in and on
which the city has an easement, under plans and specifications approved by the
director of water services and under his supervision, may upon his
recommendation be accepted and taken over by the city by ordinance of the
council, in which case the city shall thereafter assume the care and
maintenance thereof.
Sec.
60-26. Connecting private sewers to trunk sewers—Generally.
(a) The director of water services is hereby
authorized to permit private developers, by contract, to connect private sewers
built by them to accessible trunk sewers previously constructed by the city.
(b) Such sewer connections shall be in accordance
with plans and specifications approved by the director of water services, and
he shall have the right to inspect the construction thereof and their
operations at any time.
Sec.
60-27. Connecting building sewers and other private drains to public sewer.
(a) After first obtaining a permit for connection
from the water services department, the actual connection of any building sewer
or other private drain to a city sewer shall be inspected by a water services
department inspector.
(b) The director of the water services department is
hereby authorized to adopt regulations governing the methods of connecting to a
public sewer. The water services department may be requested to make a
connection at the applicant's expense when the plumber or resident homeowner
does not have the proper equipment.
(c) The director is authorized to establish
inspection and tapping fees, and to adjust such fees from time to time as
necessary to reflect costs to the water services department for rendering such
services.
Sec.
60-28. Connecting private sewers with district or joint district sewers.
(a) No permit shall be issued to connect any private
sewers or drainage from any private property with a district or joint district
sewer, if such property or any part thereof has been assessed for the
construction of district or joint district sewers, and special tax bills have
been issued evidencing such assessment, until such assessment or part thereof
has been paid, if at the time such permit is applied for such assessment or any
part thereof shall be due, but if no part thereof is due when the permit is
applied for, then before such permit shall be issued the owner of the property
shall file with the director of water services a written agreement not to
contest such assessment and to pay such assessment when the assessment becomes
due; and any permit issued where the assessments are not due as provided in
this subsection shall contain the provision that the right to connect with such
district or joint district sewers shall cease if any person interested in the
property shall contest the validity of such assessment, and if such contest
shall be made all rights under such permits shall cease.
(b) Notwithstanding the provisions of subsection (a)
of this section, if the city manager finds that:
(1) The owner of the property is unable to
pay such assessment without undue financial hardship; and
(2) The issuance of the permit is necessary
to abate a nuisance or for the public health and safety;
such permit may be issued without making the payment or filing the
agreement required in subsection (a) of this section. This subsection shall
have no effect on the owner's obligation to pay the assessment on the property.
(c) If the lien of any such tax bills shall have
expired under the provisions of the Charter of the city, and no suit has been
brought to enforce the tax bills as provided in the Charter, such tax bills
shall be presumed to have been paid and the permit may be issued without making
the payment or without filing the agreement provided for in this section.
(d) If the owner or anyone interested in the property shall show that any
such district or joint district sewer is not constructed in substantial
compliance with the ordinance and contract provided for such construction, in
such case the owner or any person interested in such property shall only be
required to pay such amount as the court shall find that such district or joint
district sewer benefits the property, such amount in no case to exceed the
amount of the special tax bill and interest thereon.
Sec. 60-29.
Connecting private sewers with district or joint district sewers—Bonds;
liability insurance.
(a) Before making any sewer connections referred to in section 60-26,
the developer shall file with the director of water services a bond in the
amount of one-half the construction cost, conditioned that the sewers to be
constructed and the connections to the city sewers will be constructed in
accordance with the city's standard sewer specifications, and that the sewers
and connections authorized shall be maintained in good condition for a period
of five years immediately following the construction.
(b) In cases where sewers and sewer connections are to be constructed
across properties within the city, the developer shall be required to file with
the director of finance an additional bond, in an amount sufficient to protect
the city from all claims for damages to property or injury to person by reason
of the construction of such sewer connection, or, in lieu of such bond, a
certificate of public liability insurance indemnifying the city for any amount
it may be required to pay for property damage or personal injury.
Sec. 60-30. Connecting private sewers with district or joint district
sewers-
Contents of contract; recording of contract.
(a) Any contract entered into by a developer and the
director of water services as provided in section 60-26 shall provide that, if
annexation is declared invalid, the developer, or his successors in ownership
of the lands to be served, shall pay to the city a service charge of $50.00 per
year for each private residence served by such sewers for each year the area in
which the sewers are located is not legally a part of the city, for a period
not to exceed 20 years. Where business and industrial property is to be served,
the amount of the annual service charge shall be determined by the director of
water services. Such contract shall be filed and recorded with the recorder of
deeds in the respective county in which the sewers are to be constructed, along
with a copy of the approved subdivision plat, and shall provide that the
developer shall have the right to transfer responsibility for payment of the
annual service charge to his successors in ownership by covenant running with
the land.
(b) Such contract shall state that the granting of
the permission for a sewer connection from projects now outside the city does not
exempt the property drained from being taxed for the construction of public
sewers in any district or joint district hereafter established in which these
sewers are constructed, and it shall not be understood that the construction of
the sewers, or the property drained by them, establishes a separate sewer
district.
(c) Such contract shall further provide that the
city retains the right and power to make use of, construct, reconstruct or
change the sewers and the connections to the city sewers, laterals and
appurtenances, as may be necessary for the sewering of the property to be
drained under the terms of such contract.
Sec.
60-31. Guards, lights and barriers.
Any person who shall improperly remove, interfere with,
destroy or displace the lights, guards, fences and other means of protecting
persons and property from injury and damages on account of the doing of work to
be provided by this section shall be deemed guilty of an ordinance violation.
Sec.
60-32. Construction of private sewage disposal systems.
(a) Permit required. No person shall
construct a private sewage disposal facility or system on any individual lot or
lots in any subdivision of land located in the city, or on any single parcel or
tract of land under common ownership, where such sewage disposal facility or
system is not intended to be part of the city's sewage system, without first
procuring from the city planning and development department a permit for such
construction.
(b) Survey fee; inspection fee. Where the
city planning and development department deems that a survey of the property in
question is necessary before such permit can be issued, a private sewage
disposal system survey fee of $25.00 shall be assessed. The private sewage
disposal construction inspection fee shall be $25.00.
(c) Construction standards. The plans and
construction of the private waste disposal system shall be in accord with the
regulations of the state division of health, state department of natural
resources and state clean water commission, except as modified by the building
code engineer to conform with conditions common to the city and applicable to
city standard specifications.
(d) Penalty for failure to obtain permit. Any
person who shall construct a private sewage disposal system without first
having procured a permit shall be guilty of a violation, and upon conviction
thereof shall be fined not less than $25.00 and not more than $500.00 for each
separate violation.
Secs.
60-33—60-39. - Reserved.
DIVISION II. - COSTS OF
CONSTRUCTION, SPECIAL ASSESSMENTS
Sec. 60-40. Payment for sewer
improvements and construction outside the city limits.
Sec. 60-41. Institution of
proceedings by resolution; estimate.
Sec. 60-42. Hearing set;
publication of notice.
Sec. 60-43. Hearing; decision of
director.
Sec. 60-44. Rules for
apportioning assessments.
Sec. 60-45. Cost of district
sewers; how apportioned.
Sec. 60-46. Cost of joint
district sewers; how apportioned.
Sec. 60-47. Preparation of
assessment roll.
Sec. 60-48. Assessment notice.
Sec. 60-49. Payment of
assessments; interest.
Sec. 60-50. Assessment to
constitute lien on property; collection of delinquent assessments.
Sec. 60-51. Connection with
sewer main not permitted for property for which assessments are delinquent.
Secs. 60-52—60-70. Reserved.
Sec. 60-40.
Payment for sewer improvements and construction outside the city
limits.
For the purpose of purifying or handling the discharge from
any sewer, or outlet thereof, the city may from time to time by ordinance
provide for the construction or reconstruction within or without the limits of
the city, of sewers, sewer outlets, or other sewage reduction or purifying
devices, or any other plan or device to care therefor. The cost of such sewers,
sewer outlets, or devices may be paid for in part or in whole out of the
general fund or bond funds; or in case of their use in connection with a
district or joint district sewer, or outlet thereof, the cost may be paid for
in part or in whole by special assessments levied against the lands in the
sewer district or joint sewer district from which the sewage is collected, in
the same manner as cost of constructing or extending a district or joint
district sewer therein may be paid.
Sec.
60-41. Institution of proceedings by resolution; estimate.
All proceedings to make any of the public improvements
authorized herein shall, unless otherwise expressly provided in this Code, be
begun by the adoption and entry of a declaration of necessity (hereinafter
referred to as the resolution) by the director of water services. Such
resolution shall be entered on the records of the department, and shall state
the nature of the improvement, and when the same is to be paid for in special
tax bills or other evidences of assessments upon real property (or out of the
revolving public improvement fund, to be reimbursed by collection of such
assessments), it shall state the method of making assessments to pay therefor.
The director shall prepare an estimate of the probable cost of such proposed
improvement. Such estimate shall be open to inspection and discussion at any
hearing held as to such improvement. Any error or inaccuracy in such estimate,
as compared with the actual cost of the work as finally determined, shall not
affect the validity of the proceedings or of any assessments made or tax bills
or other securities issued to pay for such work.
Sec.
60-42. Hearing set; publication of notice.
(a) Publication. At or after the adoption and
entry of record of any such resolution (described in section 60-41), the
director of water services shall, by order, fix a day upon which a hearing in
respect to such improvement shall be had, which day shall be within 30 days
after the date when such order is made. The director shall also cause to be
published for six days in the newspaper at the time doing the city printing,
and if there be no such paper, then in any other newspaper published in the
city, a notice of the proposed improvement. Such notice shall recite briefly
the fact that such improvement is proposed, the general nature thereof, the
sewer district or districts within which, such improvement is proposed to be
made, and that a hearing concerning the same will be had by the said director,
at his office, or other place designated in the notice, and the date upon which
the hearing shall be had.
(b) Mailing to property owners. The director
of the water services department shall also cause a notice of proposed improvement
to construct such proposed sewers and related appurtenances thereto to be sent
by mail to every owner whose property will be subject to assessment. Such
notice should include information required by state statutes. Names of such
property owners shall be determined and taken from the assessment and levy of
general taxes by the city; but no defect or mistake in the records or in the
description therein of the lots or in the name of such apportionment shall
impair the validity of the assessments, liens or bills issued pursuant to this
article. The absence of proof that such notice was sent or received shall not
affect the validity of the proceedings, or of any special assessment thereafter
made, so long as the published notice specified in subsection (a) of this
section has been properly accomplished.
Sec.
60-43. Hearing; decision of director.
On the date fixed for such hearing (provided for in section
60-43) any and all property owners interested in such improvement may, by
written petition or otherwise, present their views in respect to the proposed
improvement to the said director, and the said director may adjourn the hearing
from time to time. After such hearing, if the said director shall determine
that it is not for the public interest that the proposed improvement, or a part
thereof, be made, and paid for either out of the general fund or by any method
of assessment, or otherwise, the director shall make an order to that effect,
and thereupon the proceedings for the improvement, or part thereof, determined
against by such order, shall stop and shall not be begun again until the
adoption of a new resolution. No remonstrance or objection shall stay any
proceedings, and when the director of the water services department determines
such project or any portion thereof to be necessary or unnecessary, the
director's decision shall be final. Within 30 days after the director of the
water services department has made a determination of necessity, the director
of the water services department shall cause a notice of that determination,
containing the legal description of each property that will be subject to
assessment, to be filed in the office of the recorder of deeds for the county
in which the properties are located. Any failure by the director of the water
services department to file the notice in accordance with this section shall
not invalidate the special assessments subsequently levied, and the burden of
proof shall be upon anyone claiming damage on account thereof to show, in an
appropriate action, the fact of such failure and that actual damage was caused
thereby.
Sec.
60-44. Rules for apportioning assessments.
When the cost of the whole or any part of any improvement
referred to or authorized in this article is to be paid for by special
assessments or by special tax bills evidencing special assessments on lands
deemed benefited by such improvement, such assessments shall, unless otherwise
herein expressly provided and authorized, be made, levied and assessed
according to the area rule, which shall be held to mean that the required sum
shall be assessed and charged against the several lots, tracts and parcels of
land, subject to special assessment by the city, within the chargeable
district, in the proportion that their areas respectively bear to the area of
all the lands within the chargeable district, exclusive of public highways
therein.
Sec.
60-45. Cost of district sewers; how apportioned.
As soon as the work of constructing, changing, diminishing,
enlarging or extending any district sewer, as aforesaid, shall have been
completed under a contract let for the purpose, the director of water services
shall compute the whole cost thereof, and apportion and charge the same or the
portion of same to be paid by special assessments as a special tax against the
lots, tracts and parcels of land in the district, in the proportion that their
respective areas bear to the area of the whole district exclusive of the
streets, parkways, boulevards, alleys and public highways therein, according to
the area rule, as defined above, or by application of a different method if
required by state statute. The director of water services shall thereupon,
except as in this article provided, make out and certify to the city in cases
provided for in this article, special tax bills for the amount of the special
tax against each lot, tract and parcel of land in the district. The city shall
in no event, nor in any manner whatever, be liable for or on account of the
cost of work done in constructing, changing, diminishing, enlarging or
extending any district sewer, except as in this article provided.
Sec.
60-46. Cost of joint district sewers; how apportioned.
The cost of joint district sewers shall be apportioned and
assessed in the same manner as district sewers.
Sec.
60-47. Preparation of assessment roll.
After the director of the water services department computes
the applicable cost, the director shall submit to the finance department the
apportionment of the cost of the project as provided for in sections 60-44,
60-45, and 60-46. The finance department shall prepare a roll of all lots or
parcels of real estate to be so assessed, containing the name and mailing
address of the owner of each such lot or parcel, and a special tax statement
for each such lot or parcel.
Sec.
60-48. Assessment notice.
After the assessment roll and tax statements provided for in
section 60-47 have been certified by the director of the water services
department and delivered to the finance department, a copy of the tax statement
will be mailed by the finance department to each person whose name appears on
such roll.
Sec.
60-49. Payment of assessments; interest.
Full
or partial payment of assessments under this article may be made without
interest during a 60-day period commencing with the date of issue of such
statement. The remaining principal will be spread over a payment period not to
exceed ten years, or such period of time as may be established in the ordinance
approving the project. The first annual installment will be due June 30
following the date of the statement, except that, if the date of certification is
between April 29 and July 1, the date of the first installment shall be June 30
of the following year. Subsequent installments will be due on June 30 of each
year. Any special assessment not paid in full before the expiration of 60 days
from the date of the statement shall bear interest, from the date of said
statement, at a rate per annum equal to the rate on ten-year United States
treasury notes as established at the last auction before the assessment is
certified to the director of finance. If any installment is not paid when due
then all of the remaining installments shall become immediately due and payable
and bear interest at a rate per annum two percent higher than the interest rate
on assessments which are not delinquent, from the date to which interest has
already been paid on said installments, or, if no installment has been paid,
from the date of the statement. Full payment of the total assessment, principal
and interest, for each respective lot, tract, or parcel must be made prior to
any ownership split or subdivision of said lot, tract, or parcel. All moneys
received from this source shall be credited to the sewer fund.
Sec. 60-50. Assessment to constitute lien on property; collection of
delinquent
assessments.
An
assessment under this article shall constitute a lien upon the real estate, and
when delinquent, shall be subject to collection in the same manner as provided
for other
public
improvement special assessment projects under state law, the City Charter, and
the Code of Ordinances.
Sec. 60-51. Connection
with sewer main not permitted for property for which
assessments are delinquent.
No
connection shall be permitted with any sewer main or appurtenances constructed
pursuant to the provisions of this article if, at the time, there is
outstanding a delinquent assessment for such sewer main improvement against the
real estate to be served by such connection.
Secs. 60-52—60-70. Reserved.
CHAPTER 60 - ARTICLE III.
– SEPTIC TANKS, PORTABLE RESTROOMS, PRIVY VAULTS AND CESSPOOLS
Sec. 60-71. Prohibited deposits.
Sec. 60-72. Filling vaults.
Sec. 60-73. Permitted times for
removal of contents; place of disposal of contents.
Sec. 60-74. Required equipment
for cesspool cleaners; method of removal of waste.
Sec. 60-75. Construction and
identification of vehicles and tanks of cesspool cleaners.
Sec. 60-76. Bond for cesspool
cleaners; issuance of business license.
Sec. 60-77. Manner of cleaning.
Sec. 60-78. Certain vaults and
cesspools declared nuisance.
Sec. 60-79. Offensive conditions
prohibited.
Sec. 60-80. Violations.
Secs. 60-81—60-110. Reserved.
Sec
60-71. Definitions.
The following words, terms and
phrases, when used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning
.
Cesspool means a covered hole or pit for receiving drainage or
sewage.
Privy vault means a
small, enclosed structure having one or two holes in a seat built over a pit
and serving as an outdoor toilet. This term is usually associated with an
outhouse.
Septic tank means a
chambered, underground tank that separates and stores solids from septic waste.
Septic waste receptacle
means any receptacle, such as a septic tank, privy vault, mobile restroom or
cesspool, built to receive septic waste.
Septic waste vehicle
means any vehicle or tank used for the removal and handling of septic waste
from septic waste receptacles.
Sec. 60-72. Prohibited deposits.
No person shall deposit or throw, or cause to be thrown or
deposited, into any privyvault, cesspool, or septic tank, any animal or
vegetable substance or any hay, straw, ashes, cinders, sticks, shavings, trash,
soot, oyster shells, cans, rubbish, broken ware, rags, pieces of iron or other
metal or old wearing apparel, or any other article or thing whatsoever that may
obstruct the free flow of water therein.
Sec.
60-73. Filling privy vaults.
No
person shall fill up privy vaults with earth or other materials until the privy
vaults have been cleaned.
Sec. 60-74.
Permitted times for removal of contents from septic tank receptacles;
place of disposal of contents.
The
contents of septic waste receptacles shall be removed only in the daytime and
only to such places allowed by law.
Sec. 60-75.
Required equipment for septic waste receptacle cleaners; method of
removal of waste.
(a) All persons engaged in the business of cleaning or removing the
contents of septic tank receptacles within the corporate limits of the city
shall provide odorless, sanitary pumps and airtight, odorless tanks set upon
vehicle trucks for the removal of the contents.
(b) Any person engaged in such business shall pump the contents of any
septic waste receptacles, if liquid enough to pump, directly into the odorless
tanks set upon vehicle trucks by means of such odorless sanitary pumps, and no
septic tank receptacle shall be emptied or the contents thereof removed in any
other manner than is provided in this section; provided, however, that, when
the contents of any such receptacle are of such a consistency that such
odorless, sanitary pumps can in no way be used in the removal thereof, then the
contents shall be taken out and removed in odorless tight barrels, in vehicles,
such barrels to be kept thoroughly clean and to have airtight covers. No person
shall move any of the contents of septic tank receptacles except in perfectly
tight tanks, which shall be on regularly licensed vehicles.
Sec. 60-76.
Construction and identification of vehicles and tanks of septic waste
receptacles.
Before
any vehicle or tanks shall be used for the purpose specified in this article,
they shall be well painted and kept so painted. Such vehicles shall have
painted on the sides thereof, in plain, easily visible letters, the number of
the vehicle and the name and address of the proprietor to whom the vehicle
belongs, and there shall also be painted on
the sides of
such vehicles the words "Septic Waste Vehicle" or similar words to
identify the vehicle as such.
Sec.
60-77. Bond for septic waste receptacle cleaners; issuance of business
license.
(a) Any person engaged in the business of septic
waste receptacle cleaning shall enter into a bond to the city in the sum of
$1,000.00 to ensure a faithful compliance with the ordinances of the city. Such
bond shall be approved by the director of finance.
(b) The commissioner of revenue shall not issue any
license to anyone engaged in the cleaning of septic waste receptacles unless he
shall show to the commissioner of revenue a certificate from the director of
health, certifying that such applicant has complied with all the provisions of
this article.
Sec.
60-78. Manner of cleaning.
The cleaning of all septic waste receptacles shall be done in
such a manner allowed by law and in a manner that does not create a nuisance
and in a manner as inoffensive and free from odors and gases as possible. The
health department, for the purpose mentioned in this section, is hereby vested
with full power to make all necessary rules and regulations regarding the
cleaning of septic waste receptacles.
Sec. 60-79. Offensive
conditions prohibited.
No person shall allow or suffer any cellar, septic waste
receptacles, vault, private drain, pool, cesspool or sewer upon any premises
owned or occupied by him or her, or under his or her control, to become
nauseous, offensive or disagreeable to the smell or injurious to the health of
any inhabitant of the neighborhood thereof, or to the public health.
Sec.
60-80. Violations.
Any person violating or failing to comply with any of the
provisions of this article, or any of the rules or regulations made by the
health department by virtue of authority for that purpose conferred in this
article, shall be deemed guilty of an ordinance violation.
Secs.
60-81—60-110. Reserved.
Chapter 60, Art.
IV. Commercial and Industrial Waste
DIVISION 1. - GENERAL PROVISIONS
DIVISION 2. - GENERAL SEWER USE REQUIREMENTS
DIVISION 3. - PRETREATMENT OF WASTEWATER
DIVISION 4. - WASTEWATER DISCHARGE PERMITS
DIVISION 5. - REPORTING REQUIREMENTS
DIVISION 6. - RESERVED
DIVISION 7. - MONITORING AND INSPECTION
DIVISION 8. - VIOLATIONS AND PENALTIES
DIVISION 9. - FEES AND COSTS
DIVISION 10. - INTERJURISDICTIONAL AGREEMENTS
DIVISION 11. - MISCELLANEOUS PROVISION
DIVISION 1. - GENERAL PROVISIONS
Sec. 60-111. Purpose and policy.
Sec. 60-112. Definitions and
rules of construction.
Sec. 60-113. Abbreviations.
Sec. 60-114. Administration.
Sec. 60-115. Analytical requirements.
Sec. 60-116. Sample collection.
Sec. 60-117. Record keeping.
Sec. 60-118. Responsibility.
Sec. 60-119. Vandalism.
Sec. 60-111. Purpose and policy.
(a) This article
sets forth requirements for discharge of commercial and industrial wastes to
the sewer system of the City of Kansas City. The objectives of this article
are:
(1) To prevent the introduction of pollutants into the sewer
system that will interfere with the operation of the sewer system or wastewater
treatment facilities or damage the infrastructure or equipment;
(2) To prevent the introduction of pollutants into the sewer
system which will pass through the city's wastewater treatment facilities into
receiving waters without adequate treatment or otherwise be incompatible with
the sewer system and treatment works;
(3) To ensure that the quality of the city's wastewater sludge is
maintained at a level which allows its use and disposal in compliance with
applicable statutes and regulations;
(4) To protect city personnel who may be affected by wastewater
and sludge in the course of their employment and to protect the general public;
(5) To improve the opportunity to recycle and reclaim wastewater
and sludge from the city's wastewater treatment facilities;
(6) To provide for fees for the equitable distribution of the
cost of operation, maintenance and improvement of the city's sewer system and
wastewater treatment facilities;
(7) To enable the city to comply with NPDES permit conditions,
sludge use and disposal requirements and any other federal, state, or local
statutes or regulations laws to which the city is subject;
(8) To establish the responsibilities and duties of the users of
the sewer system; and
(9) To establish the authority of the city to enforce the
provisions of this article and to enable the city to assess penalties if these
provisions are not met.
(b)
Notwithstanding any other pretreatment provision to the contrary, nothing
contained in this article or elsewhere in the city's pretreatment program shall
be deemed to be a legally binding commitment under the Clean Water Act, 33
U.S.C. § 1251 et seq., the Missouri Clean Water Law, RSMo. §§ 644.006 et seq.,
and applicable regulations (40 CFR Part 403, 10 CSR 20-6.100) for the city to
undertake pretreatment implementation or enforcement activities beyond the
minimum requirements of said statutes and regulations. Nevertheless, the city
maintains its discretionary authority to undertake pretreatment activities
beyond the minimum required by said statutes and regulations.
Sec. 60-112. Definitions and rules of construction.
(a) Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used
in this article shall be as follows:
Act means
the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251 et seq.
Authorized representative of an
industrial user means:
(1) If the industrial user is a corporation, authorized
representative shall mean the president, secretary, treasurer, or a vice
president of the corporation in charge of a principal business function, or any
other person who performs policy or decision-making functions for the
corporation;
(2) If the industrial user is a partnership or sole
proprietorship, authorized representative shall mean a general partner or
proprietor, respectively;
(3) If the industrial user is a federal, state or local
governmental facility, authorized representative shall mean a director or the
highest official appointed or designated to oversee the operation and
performance of the activities of the governmental facility, or his designee;
(4) The individuals described in paragraphs a through c above may
designate another authorized representative if the authorization is submitted
in writing to the director and the authorization specifies the individual or
position responsible for the overall operation of the facility from which the
discharge originates or who has overall responsibility for environmental
matters for the industrial user.
Batch
means a quantity of wastewater, physically separated from all other quantities
of wastewater for the purpose of treatment and/or discharge.
Biochemical
oxygen demand (BOD) means the quantity of oxygen utilized in the
biochemical oxidation of matter under standard laboratory conditions in five
days at 20 degrees centigrade, expressed in milligrams per liter (mg/l).
Building
sewer means the extension from the building drain to the city sewer or
other place of disposal.
Categorical
pretreatment standard or categorical standard means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
sections 307(b) and (c) of the Act which apply to a specific category of
industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405—471.
Chemical
oxygen demand (COD) means a measure of the oxygen-consuming capacity of
inorganic and organic matter present in water or wastewater. It is expressed as
the amount of oxygen consumed by a chemical oxidant in a specified test. It
does not differentiate between stable and unstable organic matter and thus does
not necessarily correlate with biochemical oxygen demand (BOD).
City means
the City of Kansas City, Missouri.
City sewer
means a sewer owned or controlled by the city.
Combined
sewer means a sewer receiving both surface runoff and wastewater.
Combined
wastestream formula means a method defined in 40 CFR 403.6(e) to derive
alternative discharge limits. Such alternative discharge limits may apply where
process effluent regulated by any categorical pretreatment standard is mixed
prior to treatment with wastewaters other than those generated by the regulated
process.
Commercial or
industrial wastes means the waterborne wastes from commercial and/or
industrial establishments as distinct from sanitary wastewater. This shall not
include any discharge to the POTW through an interconnection pursuant to an
interjurisdictional agreement as described in division 10 of this article.
Commercial
user means industrial user.
Composite
sample means a combination of individual samples collected over a
designated period of time.
Code of
Federal Regulations (CFR) means regulations as issued by the United States
Government. References to sections of CFR shall be in accordance with the
latest revisions unless specifically stated otherwise.
Code of State
Regulations (CSR) means regulations as issued by the Missouri State
Government. References to sections of CSR shall be in accordance with the
latest revisions unless specifically stated otherwise.
Daily maximum means an
effluent limitation that specifies the total mass or average concentration of
pollutants that may be discharged in a calendar day.
Day means
a period of normal operation not to exceed 24 hours.
Department
means the Pollution Control Department of Kansas City, Missouri.
Director
means the director of the pollution control department of the city, or his
authorized deputy, agent or representative.
Discharge
means material directly or indirectly released to the POTW; or the act of
releasing material directly or indirectly to the POTW.
Effluent
means the "end of process" liquid wastes from an industrial process
which ultimately are discharged.
Environmental
Protection Agency (EPA) means the United States Environmental Protection
Agency.
Garbage
means solid food wastes from the preparation, cooking and disposing of food,
together with incidental admixtures, and from the handling, storage and sale of
produce.
Grab sample
means a sample which is taken on a one-time basis without regard to the flow
rate of the sampled stream and without consideration of time.
Hazardous
waste means any material, regardless of amount, which would be defined as a
hazardous waste under the Missouri Hazardous Waste Management Law, Chapter 260,
Environmental Control, sections 260.350 to 260.430 RSMo or the federal Resource
Conservation and Recovery Act, 42 U.S.C. §6901 et seq., or their implementing
regulations if it were not discharged to the POTW.
Industrial
user means any person discharging pollutants into a POTW from any
non-domestic source.
Instantaneous
maximum allowable discharge limit means the maximum concentration of a
pollutant allowed to be discharged at any time, independent of the discharge
rate and duration of the sampling event.
Interference
means inhibition or disruption of the POTW, its treatment processes or
operations, or its sludge processes, use or disposal which results in violation
(including an increase in the magnitude or duration of a violation) of the
city's NPDES permit or prevents wastewater sludge use or disposal in compliance
with any federal, state or local law, regulation or permit.
Medical waste
means isolation wastes, infectious agents, human blood byproducts, pathological
wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis waste
or any other materials or items commonly used or associated with medical care.
Normal sewage
means wastewater which contains not over 250 milligrams per liter (mg/l) of
suspended solids, not over 250 milligrams per liter (mg/l) of BOD, not over 30
milligrams per liter (mg/l) of oil and grease and which does not contain any of
the materials or substances listed in section 60-121 of this article in excess
of allowable amounts specified in said section.
NPDES permit
means national pollutant discharge elimination system permit issued by the
Missouri Department of Natural Resources or EPA.
Oil and
grease means any material recovered as a substance soluble in an organic
extracting solvent as specified by Standard Method 5520 of "Standard
Methods for the Examination of Water and Wastewater," 18th edition, 1992
or the latest revision thereto. Oil and grease is composed primarily of fatty
matter from animal and vegetable sources and from hydrocarbons of petroleum
origin. The concentration of oil and grease of petroleum hydrocarbon origin can
be determined using Standard Method 5520F. The concentration of oil and grease
of animal and vegetable origin is hereby defined as the difference between the
total and the petroleum hydrocarbon oil and grease concentrations.
pH means
a measure of the acidity or alkalinity of a substance, expressed in standard
units.
Pass through
means a violation of any requirement of the city's NPDES permit, including an
increase in the magnitude or duration of a violation, caused by a discharge or
combination of discharges.
Person
means any individual, partnership, co-partnership, firm, company, public or
private corporation, association, joint stock company, trust, estate, political
subdivision or any agency, board, department or bureau of the state or federal
government, or any other legal entity whatever, which is recognized by law as
the subject of rights and duties or their legal representatives, agents or
assigns.
Pollutant
means anything discharged into the POTW which causes any alteration of
chemical, physical, biological, or radiological integrity of water including,
but not limited to dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial
wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS,
turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment
means the reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior to
or in lieu of introducing such pollutants into the POTW. This reduction or
alteration can be obtained by physical, chemical or biological processes, by
process changes, or by other means, but not by diluting the concentration of
the pollutants unless allowed by an applicable pretreatment standard or
requirement.
Pretreatment
requirement means any substantive or procedural requirement related to
pretreatment imposed on an industrial user, other than a Categorical
pretreatment standard or Pretreatment standard.
Pretreatment
standard means any regulation which applies to industrial users and
contains pollutant discharge limits promulgated by EPA in accordance with the
Act. This term includes prohibitive discharge limits pursuant to 40 CFR 403.5.
Properly
shredded garbage means garbage that has been shredded to such degree that
all particles will be carried freely under the flow conditions normally
prevailing in the city sewers, with no particle greater than one-half inch in
any dimension.
Publicly
owned treatment works (POTW) means a "treatment works" as defined
by Section 212 of the Act (33 USC 1292), which is owned by the city. This
definition includes the sewer system and any other devices or systems used in
the collection, storage, treatment, testing, monitoring, recycling and
reclamation of wastewater or industrial wastes and any conveyances which convey
wastewater to a treatment plant.
Receiving
stream means any natural watercourse into which treated or untreated
wastewater is discharged.
Sanitary
wastewater means those wastes which are comparable to wastes which
originate in residential units and contain only human excrement and wastes from
kitchen, laundry, bathing and other household facilities.
Sanitary
sewer means a sewer which carries wastewater and to which storm, surface
and ground waters are not normally admitted.
Sewer
means a pipe or a conduit for carrying wastewater.
Significant
industrial user means any industrial user which:
(1) Is subject to categorical pretreatment standards; or
(2) Purchases, uses, or discharges an average of 25,000 gallons
per day or more of water; or
(3) Discharges a process wastestream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of the
wastewater treatment plant serving the said industrial user; or
(4) Accepts waste from another location outside the facility's
boundaries for treatment, storage or disposal; or
(5) Is designated as significant by the director on the basis
that the industrial user has a reasonable potential for adversely affecting the
POTW's operations, for violating this article or for violating pretreatment
standards or requirements.
Slug
discharge means any discharge of a non-routine, episodic nature, including,
but not limited to, an accidental spill or a non-customary discharge with any
pollutant released at a flow rate and/or concentration which has a reasonable
potential to cause interference, pass-through, or violation of the criteria or
applicable discharge standards of this Chapter.
Standard
laboratory methods means sampling and analytical techniques promulgated by
EPA in 40 CFR Part 136.
State
means the State of Missouri, including its agencies, and specifically the
department of natural resources.
Storm sewer,
storm drain means a sewer which normally carries only storm and surface
waters and drainage.
Stormwater
means any flow resulting from any form of natural precipitation including
stormwater runoff, snowmelt runoff, surface runoff, and drainage.
Suspended
solids (nonfilterable residue) means the total suspended matter that floats
on the surface of, or is suspended in, water, wastewater, or other liquids, and
which is removable by laboratory filtering.
Toxic
pollutants means those substances listed in regulations promulgated by EPA
under the provisions of Section 307 (33 USC 1317) of the Act.
User
means any person who discharges, causes or permits discharge into the city's
POTW.
Waste
treatment facility means any commercial facility accepting industrial
wastes from another location outside the facility's boundaries for treatment,
storage or disposal.
Wastewater or
sewage means 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, whether treated or
untreated.
Wastewater
treatment plant (WWTP) or treatment plant means the portion of the POTW
designed to provide treatment of wastewater.
(b) Rules of
construction. Unless the context specifically indicates otherwise, the
construction of terms used in this article shall be as follows:
(1) "Shall" is mandatory; "may" is permissive or
discretionary.
(2) The singular shall be construed to include the plural and the
plural shall include the singular as indicated by the context.
(3) The masculine shall be construed to include the feminine.
Sec. 60-113. Abbreviations.
For the purposes
of this article the following abbreviations shall have the designated meanings:
BOD—Biochemical Oxygen Demand.
ccf—Hundred cubic feet.
CFR—Code of Federal Regulations.
COD—Chemical oxygen demand.
CSR—Missouri Code of State
Regulations.
EPA—United States Environmental
Protection Agency.
GPD—Gallons per day.
l—Liter.
mg—Milligrams.
mg/l—Milligrams per liter.
NPDES—National pollutant discharge
elimination system.
O&M—Operation and maintenance.
PCBs—Polychlorinated biphenyls.
POTW—Publicly owned treatment
works.
RCRA—Federal Resource Conservation
and Recovery Act.
TTOs—Total toxic organics.
TSS—Total suspended solids.
USC—United States Code.
ug—Micrograms.
ug/l—Micrograms per liter.
WWTP—Wastewater treatment plant.
Sec. 60-114. Administration.
Except as
otherwise provided herein, the director is authorized to administer, implement
and enforce the provisions of this article. The director may delegate to the
director's authorized representatives or agents any powers granted to or duties
imposed upon him, unless specifically provided otherwise herein.
Sec. 60-115. - Analytical requirements.
All pollutant
analyses, including sampling techniques, submitted as part of a wastewater
discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question, or
where the sampling and analytical techniques in 40 CFR Part 136 are
inappropriate for the pollutant in question, sampling and analyses must be
performed in accordance with procedures approved by EPA.
Sec. 60-116. Sample collection.
(a) Except as
indicated in subsection (b) of this section, industrial users shall collect
wastewater samples using flow proportional composite collection techniques
unless the director determines that such techniques are infeasible or
inappropriate. In such cases, the director may authorize the use of other
collection techniques which will provide a representative sample of the
effluent or discharge. In addition, grab samples may be required to show
compliance with instantaneous discharge limits.
(b) Samples for
oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and
volatile organic compounds shall be obtained using grab sample collection
techniques.
(c) All
wastewater samples shall be representative of the industrial user's effluent or
discharge. Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order at all
times. The failure of an industrial user to keep its monitoring facility or
facilities clean and in good working order shall not be grounds for the
industrial user to claim that sample results are unrepresentative of its
discharge or effluent.
Sec. 60-117. Record keeping.
(a) Industrial
users shall make available for inspection and copying by the director all
records and information required by the director or by provisions of this
article.
(b) Industrial
users shall maintain records of all information resulting from any sampling or
monitoring required pursuant to this article, including time, date, place and
method of sampling and analysis, personnel involved and the results of such
activities, material safety data sheets, incoming hazardous waste manifests,
outgoing hazardous waste manifests, analytical reports, production records,
purchase records, reports submitted to regulatory agencies, and other related
records, for a period of at least three years.
(c) The period
for maintaining records shall be automatically extended for the duration of any
litigation concerning compliance with this article, or where an industrial user
has been specifically notified of a longer retention period by the director.
Sec. 60-118. Responsibility.
Where an owner
of property leases premises to any other person as a tenant under any rental or
lease agreement, and such tenant is an industrial user, either the tenant or
the owner or both may be held responsible for compliance with the provisions of
this article.
Sec. 60-119. Vandalism.
No person shall
maliciously, willfully or negligently break, damage, destroy, uncover, deface,
tamper with or prevent access to any structure, appurtenance or equipment, or
other part of the POTW. Any person found in violation of this requirement shall
be subject to the sanctions set out in sections 60-180 through 60-189 of this article.
DIVISION 2. - GENERAL SEWER USE REQUIREMENTS
Sec. 60-120. General sewer use
requirements.
Sec. 60-121. Wastes prohibited
in sewers.
Sec. 60-122. Additional
limitations.
Sec. 60-123. Dilution.
Sec. 60-124. Compatibility
studies.
Sec. 60-125. Hauled waste.
Sec. 60-126. Accidental/slug
discharge control plans.
Sec. 60-127. Monitoring
facilities.
Sec. 60-128. Reserved.
Sec. 60-129. Reserved.
Sec. 60-120. General sewer use requirements.
This division
sets forth wastes which are generally unacceptable for discharge to the POTW,
requirements for discharge of hauled wastes, requirements for accidental
discharge/slug control plans and requirements for wastewater discharge
monitoring facilities.
Sec. 60-121. Wastes prohibited in sewers.
No person shall
cause, permit, or allow discharge to the POTW of the following materials,
substances, or wastes:
(1) Any solid, liquid or gas which by reason of its nature and/or
quantity creates a fire or explosive hazard in the POTW including, but not
limited to, wastestreams with a closed cup flashpoint less than or equal to 150
degrees Fahrenheit using the test method specified in 40 CFR 261.21.
(2) Any wastewater having a pH less than 6.0 or greater than
11.0.
(3) Any garbage except properly shredded garbage.
(4) Any solid or viscous materials in amounts or concentrations
which cause obstruction of the flow in the POTW, or solids greater than
one-half inch in any dimension. Examples of such materials include, but are not
limited to, ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal,
glass, rags, lint, feathers, tars, plastics, wood and sawdust, grass clippings,
paunch manure, hair and fleshings, entrails, lime slurries, beer and distillery
slops, grain processing wastes, grinding compounds, acetylene generation
sludge, chemical residues, asphalt residues, acid residues, residues from
refining or processing fuel or lubricating oil, and food processing bulk
solids.
(5) Any oil and grease of animal or vegetable origin in excess of
150 mg/l.
(6) Any petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin, in amounts that will cause interference or pass through.
(7) Any corrosive, noxious or malodorous material or substance
which, either singly or by reaction with other wastes, is capable of causing
damage to the POTW or creating a public nuisance or hazard, or preventing entry
into the POTW's facilities for maintenance and repair.
(8) Any concentrated dyes or other materials which are either
highly colored or could become highly colored by reacting with other
discharges.
(9) Any material or substance not specifically mentioned in this
section which is in itself corrosive, irritating to human beings or animals,
toxic or noxious, or which by interaction with other wastes could produce
undesirable effects, including deleterious action on the POTW's facilities or
operations, hazards to humans or animals, or adverse effect(s) upon the
receiving stream.
(10) Any sludges, screenings, or other residues from the pretreatment
of industrial wastes.
(11) Any medical wastes, except as specifically authorized by the
director.
(12) Any wastewater having a temperature greater than 150 degrees
Fahrenheit or which will inhibit biological activity in the POTW or which will
cause the temperature at the treatment plant influent to exceed 104 degrees
Fahrenheit.
(13) Any septic tank sludge or any other trucked or hauled
pollutants, except at discharge points designated by the director in accordance
with section 60-125
(14) Any wastewater containing any radioactive waste or isotopes
except as specifically approved by the director in compliance with applicable
state and federal statutes and regulations.
(15) Any storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, condensate, deionized water,
noncontact cooling water, or unpolluted industrial wastewater unless authorized
by the director.
(16) Any material or combination of materials which results in the
presence of toxic gases, vapors or fumes within the POTW in a quantity that may
cause worker health and/or safety problems.
(17) Any discharge containing detergents, surface active agents, or
other substances which cause excessive foaming in the POTW.
(18) Any discharge which alone or in combination with other
discharges causes pass through or interference. A discharge may not be
considered to have caused pass through or interference if it was otherwise in
compliance with this article and any wastewater discharge permit issued
hereunder.
(19) Any discharge which contains any of the following substances
in excess of the following daily maximum and/or instantaneous maximum total
concentrations. These restrictions apply at the point where the wastewater is
discharged to the POTW:
Arsenic* 1.80 mg/l
Benzene 0.50 mg/l
Cadmium* 1.00 mg/l
Chromium* 5.00
mg/l
Copper* 5.10 mg/l
Cyanide* 2.00 mg/l
Ethylbenzene 1.00
mg/l
Lead* 5.00 mg/l
Mercury* 0.05 mg/l
Nickel* 20.00 mg/l
Phenols 5.00 mg/l
Silver* 5.00 mg/l
Toluene 1.00 mg/l
Xylene 1.00 mg/l
Zinc 10.10 mg/l
PCB's 0.01 mg/l
Total toxic
organics (TTOs) as defined by 40 CFR 433.11(e) shall not exceed 5.0 mg/l at any
time.
*All other
provisions of this article notwithstanding, no industrial user shall discharge
this pollutant in an amount exceeding five percent of the average daily loading
(in pounds per day) of this pollutant at the receiving WWTP without the express
written consent of the director.
(20) Any
discharge or effluent which violates the limitations imposed by a wastewater
discharge permit issued under the provisions of this article, or categorical
standard, including equivalent concentration limits based on a mass or
production-based categorical standard and concentration limits derived in
accordance with the combined wastestream formula.
Sec. 60-122. Additional limitations.
When necessary
to protect or to prevent adverse effects on the POTW, its treatment processes,
receiving stream, sludge treatment or disposal processes, to provide for worker
health and safety, to impose categorical standards, or to address similar
concerns of other jurisdictions providing sewer service to the city, the
director may:
(1) Impose mass limitations in addition to or in place of
concentration limitations provided for in this article or in any applicable
categorical pretreatment standards;
(2) Establish more stringent standards or requirements for
discharge to the POTW in wastewater discharge permits;
(3) Establish limits on the effluent from specific industrial
processes or pretreatment systems in wastewater discharge permits;
(4) Issue wastewater discharge permits to industrial users
setting out special requirements for discharge to the POTW. In no case shall a
permit waive compliance with a categorical pretreatment standard or allow any
discharge which could cause pass through or interference, except that the
director may establish a reasonable time frame for compliance with this
article;
(5) Require treatment to reduce the BOD, suspended solids, and/or
oil and grease concentrations in a discharge to levels more closely approaching
those of normal sewage; and/or
(6) Establish additional temporary standards for substances not
specifically mentioned in section 60-121. Such temporary standards shall be
effective for a period not to exceed 120 days.
Sec. 60-123. Dilution.
No industrial
user shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as a partial or complete substitute for adequate treatment
to achieve compliance with a pretreatment standard unless expressly authorized
by applicable law.
Sec. 60-124. Compatibility studies.
The director may
require any industrial user to undertake a compatibility study for waste
proposed for discharge to the POTW to determine whether the waste may be
accepted by the POTW.
Sec. 60-125. Hauled waste.
(a) The
department may provide treatment and disposal services for hauled wastes,
including septic tank sludge, contents of cesspools and privy vaults, and other
nonhazardous wastes generated in Kansas City, Missouri or the metropolitan
area. The director shall have the authority to determine:
(1) Whether the wastes are compatible with treatment plant
operations and to approve or deny the discharge of wastes to the POTW;
(2) The location, method and allowable times for discharge of
such wastes to the POTW;
(3) Requirements for documentation of the origin, type, and
characteristics of all hauled wastes discharged to the POTW.
(b) Waste
haulers using the treatment and disposal services of the department shall be in
compliance with all applicable bonding and licensing requirements imposed by
the city and the state and shall comply with the determinations made by the
director under subsection (a) of this section.
(c) Hauled
wastes must comply with all applicable requirements, including those in any
applicable pretreatment standard and any established by or pursuant to sections
60-121 and 60-122 of this article.
(d) The
director shall have authority to establish and collect fees for the reception
and treatment of hauled wastes and to publish said fees as set forth by
division 9 of this article.
(e) The
director shall have the authority to suspend or terminate treatment and
disposal services provided to a waste hauler for violations of rules and
regulations applicable to waste haulers promulgated pursuant to section 60-162
Sec. 60-126. Accidental/slug discharge control plans.
(a) The
director may require reasonable safeguards to prevent discharge or leakage of
any material stored in areas served by, or draining into, the POTW which could
create a fire or an explosion hazard in the POTW or in any other way have a
deleterious effect upon the POTW's facilities or treatment processes, or
constitute a hazard to human beings or animals or the receiving stream.
(b) The
director may require any industrial user to develop and implement an accidental/slug
discharge control plan. This plan shall, in addition to satisfying the
requirements under 40 CFR 403.8, include at least the following:
(1) Description of discharge practices, including non-routine
batch discharges;
(2) Description and location of stored chemicals;
(3) Procedures for immediately notifying the POTW of any
accidental or slug discharge or any discharge which violates section 60-121 of
this article and for providing a written report of such discharge within five
days of its occurrence. Such report shall be submitted in accordance with
section 60-157 of this article;
(4) Procedures for permanently posting a notice in a conspicuous
place in a common area of the industrial user's premises advising employees
whom to call in the event of a discharge described in subsection (a) of this
section. Employers shall ensure that all employees who may cause or suffer such
a discharge to occur are advised of the emergency notification procedure; and
(5) Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training, measures
for containing materials, and/or measures and equipment for emergency
responses.
Sec. 60-127. Monitoring facilities.
The director may
require the owner of any property occupied by an industrial user to install and
maintain at his own expense suitable monitoring facilities to facilitate the
city's and the industrial user's observation, sampling and measurement of the
discharge of the building sewer and/or internal drainage systems and/or
effluent from specific processes.
Such facilities
shall be easily accessible and safely located, and shall have ample room in or
near said facilities to allow accurate collection and preparation of samples
for analysis. Such facilities shall be constructed in accordance with plans
approved by the director, and shall be located so as to permit the gauging of
flow and the collection of samples truly representing the effluent from
regulated processes or the discharge from the property.
The facilities,
and the sampling and measuring equipment shall be maintained at all times in a
safe and proper condition at the expense of the industrial user.
Sec. 60-128. Reserved.
Sec. 60-129. Reserved.
DIVISION 3. - PRETREATMENT OF WASTEWATER
Sec. 60-130. Pretreatment of
wastewater.
Sec. 60-131. Pretreatment
facilities.
Sec. 60-132. Additional
pretreatment measures.
Secs. 60-133—60-139. Reserved.
Sec. 60-130. Pretreatment of wastewater.
Industrial users
are responsible for the content of their discharges and shall provide
pretreatment of said discharges as required by this article.
Sec. 60-131. Pretreatment facilities.
An industrial
user shall provide wastewater pretreatment as required to comply with this
article and with all other pretreatment standards and shall achieve compliance
within the time limitation specified by EPA, the state, or the director,
whichever is more stringent. Any facilities required to pretreat wastewater to
achieve compliance with a pretreatment standard shall do so at the industrial
user's sole expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to the director for review. The review
of such plans and operating procedures shall in no way relieve the industrial
user from responsibility for modifying the facility as necessary to produce a
discharge which complies with applicable pretreatment standards.
Sec. 60-132. Additional pretreatment measures.
(a) Whenever
deemed necessary, the director may require an industrial user to restrict its
discharge during peak flow periods, to discharge certain wastewaters only into
specific sewers, to relocate and/or consolidate points of discharge, to
separate sanitary wastewater from industrial wastestreams, and to perform and
maintain such other conditions as may be necessary to protect the POTW and
determine the industrial user's compliance with the requirements of this
article.
(b) When deemed
necessary to protect the POTW, worker health and safety or otherwise prevent
interference or pass through, the director may require an industrial user to
maintain, at its facility and at its expense, a suitable storage and flow
control facility to ensure equalization of flow over a 24-hour period. Such
facility shall have a capacity for at least 150 percent of the daily discharge
volume and shall be equipped with alarms and a discharge rate controller, the
regulation of which shall be specified by the director. A wastewater discharge
permit may be issued solely to require flow equalization.
(c) Oil, grease
and grit interceptors shall be provided when, in the opinion of the director,
they are necessary for the proper handling of wastewater containing excessive
amounts of oil and grease, or grit; except that such interceptors shall not be
required for residential users. All interception units shall be of a type and
capacity approved by the director and shall be so located as to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected, cleaned, and
repaired regularly, as needed, by the industrial user at its expense.
(d) Any person
who may discharge wastes which are unusual in composition, including, but not
limited to, those wastes that contain an extremely large amount of suspended
solids or BOD, high concentrations of dissolved solids such as sodium chloride,
calcium chloride, or sodium sulfate, or contain substances conducive to
creating tastes or odors in drinking water supplies or could otherwise cause
such waters to be unpalatable even after conventional water purification
treatment, or wastes which are in any other way unusual, shall notify the
director who may determine whether such wastes shall be prohibited from or may
be admitted to the POTW or shall be pretreated before being discharged.
Secs. 60-133—60-139. Reserved.
DIVISION 4. - WASTEWATER DISCHARGE PERMITS
Sec. 60-140. Wastewater discharge
permits; generally
Sec. 60-141. Wastewater
discharge permit application contents.
Sec. 60-142. Application
signatories and certification.
Sec. 60-143. Wastewater
discharge permit contents.
Sec. 60-144. Authority to
enforce permit violations.
Sec. 60-145. Wastewater
discharge permit appeals.
Sec. 60-146. Wastewater
discharge permit modification.
Sec. 60-147. Wastewater
discharge permit denial/revocation.
Secs. 60-148, 60-149. Reserved.
Sec. 60-140. Wastewater discharge permits; generally.
(a) The
director may issue, deny, modify or revoke a wastewater discharge permit as
described herein. Such actions may be appealed as described herein.
(b) Any new
industrial user which will be a significant industrial user shall apply for and
shall obtain a wastewater discharge permit prior to discharging to the POTW
except as otherwise described in subsection (h) of this section. Such
application shall be submitted to the director 120 days prior to any proposed
discharge.
(c) Any
significant industrial user which significantly alters or adds to its
operation, processes, or wastewater volume or character shall apply for and
shall obtain a new permit prior to making the alteration. Such application
shall be submitted to the director 60 days prior to any alteration in
discharge. This 60-day notice may be waived by the director for alterations
which reduce the total quantity of wastewater or pollutants discharged.
(d) Any
existing industrial user which becomes a significant industrial user due to any
increase or change in the industrial user's contribution of pollutants to the
POTW or due to the enactment or revision of this article or promulgation or
revision of a categorical standard shall submit a wastewater discharge permit
application within 120 days after the effective date of this article or within
120 days after the date it becomes a significant industrial user, whichever is
later.
(e) Any
violation of wastewater discharge permit requirements or conditions shall be a
violation of this article. Compliance with a wastewater discharge permit does
not relieve the permittee of responsibility for compliance with this article,
with all applicable federal and state pretreatment standards and requirements,
or with any other requirements of federal, state or local statutes or
regulations.
(f) No
significant industrial user shall:
(1) Discharge anything into the POTW without having first
obtained a valid wastewater discharge permit; or
(2) Discharge anything into the POTW when its wastewater
discharge permit has been suspended, revoked, or has expired; or
(3) Discharge anything into the POTW in excess of or in
contravention of the provisions of its wastewater discharge permit.
(g) Any
existing facility which has complied with subsection (c) of this section shall
be exempt from the requirements of subsection (f) of this section pending the
director's decision on the issuance of a permit.
(h) Upon
finding that an industrial user, who is not subject to categorical pretreatment
standards but otherwise meets the criteria for being a significant industrial
user has no reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard, the director may at any time
determine that such industrial user is not a significant industrial user.
(i) Director
may require other industrial users, including liquid waste haulers, to obtain
wastewater discharge permits as necessary to carry out the purposes of this
article.
Sec. 60-141. Wastewater discharge permit application
contents.
(a) In order to
be considered for a wastewater discharge permit, the director may require an
industrial user to submit, in units and terms appropriate for evaluation, an
application containing:
(1) Name, address and discharge location (if different from the
address).
(2) A description of activities, facilities, and plant processes
on the premises, including a list of all raw materials and chemicals used or
stored at the facility which are, or could accidentally or intentionally be,
discharged to the POTW;
(3) The number of employees and hours of operation;
(4) A list of each product produced by type, amount, process or
processes, and rate of production;
(5) The type and amount of raw materials processed (average and
maximum per day);
(6) The site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(7) The time, duration, and flow rate of the discharge;
(8) The nature and concentration of any pollutants in the
discharge which are limited by pretreatment standards or pretreatment
requirements, and a statement regarding whether or not the pretreatment standards
or pretreatment requirements are being met on a consistent basis, and if not,
whether additional operation and maintenance and/or additional pretreatment is
required for the significant industrial user to meet said pretreatment
standards or pretreatment requirements;
(9) Any environmental control permits held by or for the
facility; and
(10) Such additional information as deemed necessary or appropriate
by the director to evaluate, clarify, modify or supplement the originally
submitted wastewater discharge permit application.
(b) All
industrial users subject to categorical pretreatment standards must submit a
baseline monitoring report as described in section 60-152 of this article.
(c) Any
industrial user desiring, or required by the director, to use the combined
wastestream formula as described in 40 CFR 403.6(e) to establish applicable
discharge requirements shall submit the necessary information and calculations
to support the use of the formula.
(d) Failure by
an industrial user to provide any information required by or in accordance with
this section may result in denial or revocation of a permit.
Sec. 60-142. Application signatories and certification.
(a) All
wastewater discharge permit applications must contain the certification
statement as described in section 60-160 and be signed by the authorized
representative of the industrial user.
(b) All
wastewater discharge permit applications must contain the appropriately signed
and certified "designation of authorized representative" form.
Sec. 60-143. Wastewater discharge permit contents.
(a) Wastewater
discharge permits may include such conditions as are reasonably deemed
necessary by the director to prevent pass through or interference, protect the
water quality of the receiving stream, protect worker health and safety,
facilitate sludge management and disposal, protect ambient air quality of the
POTW, or protect against damage to the POTW.
(b) Wastewater
discharge permits may contain, but need not be limited to, the following
conditions and may contain a schedule for compliance with said conditions:
(1) A statement of the wastewater discharge permit duration,
which in no event shall exceed five years;
(2) A statement that the wastewater discharge permit is not
transferable;
(3) Discharge and/or effluent limits applicable to the permittee
and the permittee's processes, based on applicable standards in federal, state,
or local laws and regulations and interjurisdictional agreements;
(4) Self-monitoring, sampling, reporting, notification, and
record keeping requirements. These requirements shall include parameters to be
monitored, sampling location, sampling frequency, and sample type based on
federal, state, or local statutes or regulations and/or interjurisdictional
agreements. These requirements may also include provisions for increased
self-monitoring activities in the event of violations;
(5) A statement of applicable civil, criminal, and administrative
penalties for violation of discharge or effluent standards and requirements,
and any applicable compliance schedule;
(6) Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(7) Limits on the instantaneous, daily and monthly average and/or
maximum concentration, mass, or other measure of identified wastewater
pollutants or properties;
(8) Requirements for the installation of pretreatment technology
or construction of appropriate containment devices designed to reduce,
eliminate, or prevent the introduction of pollutants into the POTW;
(9) Requirements for development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(10) Requirements for development and implementation of waste
minimization plans to reduce the amount of pollutants discharged to the POTW;
(11) The unit charge or schedule of industrial user charges and
fees for the management of the wastewater discharged to the POTW;
(12) Requirements for installation and maintenance of inspection,
monitoring and sampling facilities and equipment;
(13) Requirements for periodic submittal of all incoming and
outgoing hazardous waste manifests;
(14) Other conditions as deemed appropriate by the director to
ensure compliance with this article, and state and federal laws, rules, and
regulations.
Sec. 60-144. Authority to enforce permit violations.
Wastewater
discharge permit conditions are specifically and independently enforceable
regardless of whether they are expressly required by or set out in this
article. Enforcement shall be in accordance with the provisions, penalties, and
other requirements of this article and all other applicable laws and
regulations.
Sec. 60-145. Wastewater discharge permit appeals.
(a) The permit
applicant or permittee may petition the director to reconsider a wastewater
discharge permit denial or revocation or the terms of a wastewater discharge
permit or a wastewater discharge permit modification within 30 days of the
denial, issuance, revocation or modification of a permit.
(b) If the
applicant or permittee does not submit a timely petition for reconsideration
the director's permit decision shall be final.
(c) In its
petition, the petitioner must indicate the reasons it believes the director's
decision was in error and specify the wastewater discharge permit conditions to
which it objects.
(d) The
effectiveness of the wastewater discharge permit decision shall not be stayed
pending the appeal.
(e) If the
director fails to act within 30 days, a request for reconsideration shall be
deemed to be denied.
Sec. 60-146. Wastewater discharge permit modification.
(a) The
director may modify a wastewater discharge permit for good cause including, but
not limited to, the following:
(1) To incorporate any new or revised federal, state, or local
pretreatment standard or monitoring requirement;
(2) To address significant alterations or additions to the industrial
user's operation, processes, or wastewater volume or character since the time
of wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a
threat to the POTW, city personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater
discharge permit or this article;
(6) Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any required
reporting;
(7) Revision of categorical pretreatment standards;
(8) To correct typographical or other errors in the wastewater
discharge permit.
(b) The filing
of a request by the permittee for a wastewater discharge permit modification
does not stay any wastewater discharge permit condition.
Sec. 60-147. Wastewater discharge permit
denial/revocation.
(a) A permit
may be revoked at any time upon giving the permittee at least 30 days written
notice. However, in cases where a permittee's discharge is an imminent threat
to health and safety or caused interference or pass through, the permit may be
revoked without notice.
(b) Wastewater
discharge permits may be denied or revoked for the following reasons:
(1) Failure to notify the director of significant changes to the
discharge prior to such changes;
(2) Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(3) Falsifying self-monitoring reports;
(4) Tampering with monitoring equipment;
(5) Refusing to allow the director timely access to the facility
premises and records;
(6) Failure to meet effluent limitations;
(7) Failure to pay fines;
(8) Failure to pay sewer charges and/or permit fees;
(9) Failure to meet compliance schedules;
(10) Failure to complete a requested wastewater survey;
(11) Failure to submit required reports or information;
(12) Violation of any pretreatment standard, this article, or any
terms of a wastewater discharge permit.
Secs. 60-148, 60-149. Reserved.
DIVISION 5. - REPORTING REQUIREMENTS
Sec. 60-150. Reporting requirements.
Sec. 60-151. Wastewater survey.
Sec. 60-152. Baseline monitoring
reports.
Sec. 60-153. Compliance schedule
and related reports.
Sec. 60-154. Report on
compliance with categorical pretreatment standard deadline (90-day report).
Sec. 60-155. Periodic compliance
reports.
Sec. 60-156. Report of changed
conditions.
Sec. 60-157. Reports of
potential problems.
Sec. 60-158. Hazardous waste
discharge reporting.
Sec. 60-159. Reporting and repeat
sampling requirements in case of a violation.
Sec. 60-160. Signatories and
certification.
Sec. 60-161. Reports from
nonsignificant industrial users.
Sec. 60-162. Promulgation of
rules and regulations.
Sec. 60-163. Timing of reports.
Secs. 60-164—60-169. Reserved.
Sec. 60-150. Reporting requirements.
Industrial users
shall prepare and submit such reports as are required by this article and 40
CFR 403.12. Such reports shall be filed in the office of the director unless
otherwise provided.
Sec. 60-151. Wastewater survey.
All new
industrial users must submit information on the nature and characteristics of
their wastewater by completing a wastewater survey prior to commencing
discharge. Existing industrial users shall submit a wastewater survey when
requested to do so by the director. The director is authorized to prepare a
form for this purpose and may periodically require industrial users to update
the survey. Failure to comply with this section shall be reasonable grounds for
terminating service to the industrial user and shall be considered a violation
of this article.
Sec. 60-152. Baseline monitoring reports.
When required by
the director, by section 60-141 or by 40 CFR 403.12, Industrial users currently
discharging to or scheduled to discharge to the POTW shall submit to the
director a report which contains the following information:
(1) Identifying information. The name and address of the
facility, including the name of the operator and owners and the name and title
of the authorized representative.
(2) Environmental control permits. A list of any environmental
control or wastewater discharge permits or authorizations held by or for the
facility.
(3) Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications of the
operation(s) carried out by the industrial user. This description should
include a schematic process diagram which indicates points of discharge to the
POTW from regulated processes, and storage areas for raw materials and
hazardous waste.
(4) Flow measurement. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from regulated
processes and other sources as necessary to allow use of the combined
wastestream formula.
(5) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each
regulated process.
b. The results of sampling and analysis identifying the
concentration of each regulated pollutant in the effluent from each regulated
process. Where required by the pretreatment standard or the director, the mass
of each regulated pollutant in the effluent from each regulated process and the
production rate of each regulated process shall also be reported. Samples shall
be representative of daily operations and shall be collected and analyzed in
accordance with procedures set forth in 40 CFR Part 136 and shall be collected
in such number and otherwise in accordance with 40 CFR 403.12(b)(v). The
industrial user shall provide estimates of the anticipated flow and quantity of
pollutants where actual data cannot be obtained.
c. The time, date and place of sampling shall be reported for
each sample.
(6) Certification. A statement by the industrial user's
authorized representative certifying that the sampling results submitted are
representative of normal work cycles and expected effluents and indicating
whether pretreatment standards are being met on a consistent basis and, if not,
whether additional operation and maintenance (O&M) and/or additional
pretreatment is required to meet the pretreatment standards and requirements.
An industrial user which has not begun discharge to the POTW shall include a
description of any pretreatment process or processes it intends to use to meet
applicable pretreatment standards.
(7) Compliance schedule. If additional pretreatment and/or
O&M will be required to meet the pretreatment standards, the industrial
user shall report the shortest schedule for providing such additional
pretreatment and/or O&M. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this section must meet the
requirements set out in section 60-153 of this article.
(8) Signatory requirements. All baseline monitoring reports must
be signed and certified in accordance with section 60-160
Sec. 60-153. Compliance
schedule and related reports.
Any compliance
schedule required by section 60-152 shall contain progress increments in the
form of dates for the commencement and completion of major events leading to
the construction and operation of additional pretreatment required for the
industrial user to meet the applicable pretreatment standards (much events may
include hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction,
beginning and conducting routine operation). No such progress increment shall
exceed nine months. The industrial user shall submit a progress report to the
director no later than 14 days following each date in the compliance schedule
and the final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the industrial user to return to the
established schedule. In no event shall more than nine months elapse between
such progress reports to director.
Sec. 60-154. Report on
compliance with categorical pretreatment standard deadline
(90-day
report).
Within 90 days
following the date for final compliance with an applicable categorical
pretreatment standard, or, in the case of a new facility or an existing
facility which has altered or added to its operation, processes, or wastewater
volume or character in a manner which causes it to become subject to said
categorical pretreatment standard, within 90 days of commencing discharge from
such new facility or process, any industrial user subject to such pretreatment
standard shall submit to the director a report containing the information
described in sections 60-152(a)(4)—(7) and 60-153. For industrial users subject
to equivalent mass or concentration limits, this report shall contain a
reasonable measure of the industrial user's long term production rate. For
industrial users subject to categorical pretreatment standards expressed in
terms of allowable pollutant discharge per unit of production (or other measure
of operation), this report shall include the industrial user's actual
production during the appropriate sampling period. This report must be signed
and certified in accordance with section 60-160.
Sec. 60-155. Periodic
compliance reports.
(a) Any
significant industrial user shall, at a frequency determined by the director
but in no case less than every six months, submit a report indicating the
concentration in its effluent and/or discharge of all pollutants which are
limited by such pretreatment standards and/or pretreatment requirements, and
the measured or estimated average and maximum daily flows for the reporting
period. Where required by the pretreatment standard or the director, the
significant industrial user shall also report the mass of each regulated
pollutant in the discharge and/or in the effluent from each regulated process
and the production rate of each regulated process. This report must be signed
and certified in accordance with section 60-160
(b) All
wastewater samples must be collected in accordance with section 60-116
(c) If a
significant industrial user monitors any pollutant more frequently than
required by the director, the results of this monitoring shall be included in
the report.
Sec. 60-156. Report of
changed conditions.
(a) Each
industrial user shall notify the director of any planned significant changes to
the industrial user's operations or systems which may alter the nature, quality
or volume of its wastewater at least 60 days before the change. The industrial
user shall submit such information as may be deemed necessary by the director
to evaluate the changed condition, including a wastewater discharge permit
application.
(b) The director
shall respond to said notice within 60 days. He may issue a wastewater
discharge permit or modify an existing wastewater discharge permit in response
to this notice. No industrial user shall implement the planned changed
conditions(s) until and unless the director has responded to the industrial
user's notice.
(c) For purposes
of this requirement, flow increases of more than ten percent or the discharge
of any previously unreported pollutant shall be deemed significant changes.
Sec. 60-157. Reports of
potential problems.
(a) Any
industrial user which has an accidental discharge, a discharge of a nonroutine,
episodic nature, a non-customary batch discharge, or a slug discharge which may
cause potential problems for the POTW (including a violation of the prohibited
discharge standards in section 60-121 of this article), shall immediately
telephone and notify the director of the incident. This notification shall
include the location of discharge, source, material(s) involved, concentration
and volume, if known, and corrective actions taken by the industrial user.
(b) Within five
days following such discharge, the industrial user shall, unless waived by the
director, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the industrial user to prevent
similar future occurrences. Such notification shall not relieve the industrial
user of any expense, loss, damage, or other liability which may be incurred as
a result of damage to the POTW, natural resources, or any other damage to
person or property; nor shall such notification relieve the industrial user of
any fines, civil penalties, or other liability which may be imposed by this
article.
(c) Each failure
to notify the director of a discharge described in subsection (a) of this
section shall be deemed a separate violation of this article.
Sec. 60-158. Hazardous waste
discharge reporting.
All industrial
users shall report to the director any discharge into the POTW of a substance
which, if otherwise disposed of; would be defined as a hazardous waste. Such
report must include the name of the hazardous waste, the EPA hazardous waste
number, and the type of discharge (continuous, batch or other). The report
shall also contain the following information to the extent such information is
known and readily available to the industrial user: an identification of the
hazardous constituents contained in the waste(s), an estimation of the mass and
concentration of such constituents in the wastestream discharged during each
calendar month of that reporting period, and an estimation of the mass of such
constituents in the wastestream expected to be discharged during the following
12 calendar months.
Such hazardous
waste discharge report shall be made a part of every periodic compliance report
for significant industrial users and shall be submitted every six months for
all other industrial users. The reporting requirements in this section do not
apply to individual pollutants already reported under the self-monitoring
requirements of a wastewater discharge permit issued pursuant to this article.
In the case of any report required by this section, the industrial user shall
certify that it has a program in place to reduce the volume and toxicity of
hazardous wastes generated to the degree it has determined to be economically
practical.
Sec. 60-159. Reporting and
repeat sampling requirements in case of a violation.
If sampling
performed by an industrial user indicates a violation of the effluent and/or
discharge limitations provided in this article and/or in the industrial user's
wastewater discharge permit, the industrial user must notify the director within
24 hours of becoming aware of the violation. The industrial user shall also
repeat the sampling and analysis and submit the results of the repeat sampling
and analysis to the director within 30 days after becoming aware of the
violation.
Sec. 60-160. Signatories and
certification.
All reports and
applications submitted pursuant to the requirements of this article must
contain the following certification statement and be signed by the authorized
representative of the industrial user.
"I certify
under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations."
Sec. 60-161. Reports from
nonsignificant industrial users.
All industrial
users which are not significant industrial users shall provide appropriate
reports to the director as required by the director.
Sec. 60-162. Promulgation of
rules and regulations.
The director
shall be authorized to promulgate rules and regulations as may be necessary for
affecting the purposes of and which are not inconsistent with the provisions of
this article.
Sec. 60-163. Timing of
reports.
Written reports
shall be deemed to have been submitted on the date endorsed by the United
States Post Office (USPO). For reports which do not contain a USPO endorsement
on the envelope or container, the date of receipt of the report shall govern.
Secs. 60-164—60-169.
Reserved.
DIVISION 6. – RESERVED
DIVISION 7. - MONITORING AND
INSPECTION
Sec. 60-170. Monitoring,
inspection and sampling.
Sec. 60-171. Right of entry;
search warrants.
Sec. 60-172. Determination of
noncompliance.
Secs. 60-173—60-179. Reserved.
Sec. 60-170. Monitoring,
inspection and sampling.
(a) The director
shall cause periodic inspections to be made of premises to secure compliance
with the requirements of this article.
(b) The director
shall have the right to collect samples from any point in industrial user's
processes, and of any chemicals or hazardous waste stored at the industrial
user's facility.
(c) The director
shall have the right to set up on the industrial user's property, or require
installation of, such devices as are necessary to conduct sampling and/or
metering of the industrial user's discharge.
(d) The director
may require the industrial user to install sampling and monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the industrial user at
its own expense. All devices used to measure wastewater flow and quality shall
be calibrated periodically to ensure their accuracy.
Sec. 60-171. Right of entry;
search warrants.
(a) Whenever
necessary to make an inspection, to collect samples, or to enforce any of the
provisions of this article or whenever the director or the director's
authorized representative has reasonable cause to believe that there exists
justification to undertake such activities, the director or the director's
representative may enter a facility at any reasonable time to inspect the same
or to perform any duty imposed upon the director by this article.
(b) No person
shall refuse the director or his representative access to the industrial user's
premises or shall cause unreasonable delay in such access.
(c) If no
consent has been given to enter or inspect any facility, no entry or inspection
shall be made without the procurement of a warrant from a judge of a court of
competent jurisdiction. The director or the director's authorized
representative, any police officer, deputy, or assistant city attorney of the
city, may file a written complaint with a judge of a court of competent
jurisdiction, stating that he has probable cause to believe there exists a
violation or violations of the provisions of this article or any wastewater
discharge permit issued hereunder at a facility particularly described in the
complaint. If such complaint is verified by oath or affirmation stating
evidential facts from which such judge determines the existence of probable
cause, such judge shall issue a search warrant directed to the authorized
person to search the facility described in the complaint for the purposes
requested. Such search warrant may be executed and returned only within 15 days
after the date of its issuance. The person authorized to search shall make a
return promptly after concluding the search, and such return shall contain an
itemization of all violations of this article discovered pursuant to such
search.
The court may
consider any of the following factors along with such other matters as it deems
pertinent in its decision as to whether a warrant shall be issued:
(1) Eye witness account of violation.
(2) Citizen complaint.
(3) Tenant's complaint.
(4) Plain view violations.
(5) Violations apparent from city records.
(6) Nature of alleged violation, the threat to life, safety and
imminent risk of harm to the POTW or the environment.
(7) Passage of time since last inspection.
(8) Previous violations at the facility.
Sec. 60-172. Determination of
noncompliance.
The director may
use a grab sample(s) when appropriate to determine noncompliance with this
article.
Secs. 60-173—60-179.
Reserved.
DIVISION 8. - VIOLATIONS AND
PENALTIES
Sec. 60-180. Violations and
penalties.
Sec. 60-181. Publication of
industrial users in significant noncompliance.
Sec. 60-182. Injunctive relief.
Sec. 60-183. Civil penalties.
Sec. 60-184. Criminal penalties.
Sec. 60-185. Liability for
expenses.
Sec. 60-186. Termination of
service.
Sec. 60-187. Show cause hearing.
Sec. 60-188. Emergency
suspensions.
Sec. 60-189. Remedies
nonexclusive.
Sec. 60-180. Violations and
penalties.
Any person who
violates any requirement of this article shall be subject to penalties as
described herein.
Sec. 60-181. Publication of
industrial users in significant noncompliance.
The director
shall publish annually, in the largest daily newspaper published in Kansas
City, Missouri, a list of the industrial users which, during the previous 12
months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term significant noncompliance shall mean one
or more of the following:
(1) Chronic violations of pretreatment standards, defined here as
those in which 66 percent or more of wastewater measurements taken during a
six-month period exceed the daily maximum limit or average limit for the same
parameter by any amount;
(2) Technical-review criteria (TRC) violations, defined here as
those in which 33 percent or more of wastewater measurements taken for each
pollutant parameter during a six-month period equals or exceeds the product of
the daily maximum limit or the average limit multiplied by the applicable
criteria. The criteria for fats, oils and grease is 1.4. For all other
parameters except pH, the criteria is 1.2;
(3) Any other discharge violation that the director believes has
caused, or has the potential to cause, alone or in combination with other
discharges, interference or pass through, or to endanger the health or welfare
of city personnel or the general public;
(4) Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted in the city's
exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or an enforcement
order for starting construction, completing construction, or attaining final
compliance;
(6) Failure to provide within 30 days after the due date, any
required reports, including baseline monitoring reports, 90-day compliance
reports, periodic self-monitoring reports, and reports on compliance with
compliance schedules;
(7) Failure to accurately report noncompliance.
Sec. 60-182. Injunctive
relief.
If any person or
industrial user violates the provisions of this article or any order of the
director, the city attorney may commence an action for legal or equitable
relief in any court with appropriate jurisdiction.
Sec. 60-183. Suit additional
to other remedies.
(a) In addition
to any and all remedies provided in the Charter and this chapter, the city
shall have the power to bring suit against any person who has violated an order
of the director or who has failed to comply with any provisions of this
article, and the orders, rules, regulations and permits issued hereunder, to
seek a civil penalty of not less than $1,000.00 but not more than $5,000.00 per
day per violation. In addition to the civil penalty imposed herein, the City
shall be entitled to an award for the damage (including restoration) caused by
said violation or failure to comply. Each calendar day in which a violation
continues shall be considered a separate offense subject to the penalty
provided herein.
(b) Ten percent
of the amount of the judgment shall be added as attorney's fees in every
proceeding brought under this chapter, to be added and collected in the same
manner as other costs in the case.
(c) In addition
to the penalties, damages, and attorney’s fees provided herein, the city may
recover, court costs, court reporters' fees and other expenses of litigation
against the person found to have violated this article or the orders, rules,
regulations and permits issued hereunder.
Sec. 60-184. Ordinance
Violation.
Any person or
industrial user who violates any provision of this article, any orders or
wastewater discharge permits issued hereunder, or any other pretreatment
requirement shall, upon conviction, be guilty of a violation of this article,
and shall be subject to a fine of not less than $1,000.00 but not more than
$5,000.00 per day per violation or by imprisonment for not more than twelve
months or both. For any continuing violation, each day of the violation shall
be considered a separate offense.
Sec. 60-185. Liability for
expenses.
Any person
violating any provision of this article shall become liable to the city for any
expenses incurred by the city as a result of such violation.
Sec. 60-186. Termination of
service.
Any industrial
user found to be in violation of this article, or of any wastewater discharge
permit or order issued hereunder, is subject to termination of water and/or
sewer service.
Such industrial
user shall be given 30 days' notice of the proposed termination of service and
offered an opportunity to show cause why the proposed action should not be
taken, unless immediate suspension of service pursuant to section 60-188 is
necessary.
Sec. 60-187. Show cause hearing.
The director may
order any person which causes or contributes to violation(s) of this article,
wastewater discharge permits or orders issued hereunder, or any other
pretreatment standard or pretreatment requirement, to appear before the
director and show cause why a proposed enforcement action should not be taken.
Notice shall be served on the person specifying the time and place for the
hearing, the proposed enforcement action, the reasons for such action, and a
request that the person show cause why this proposed enforcement action should
not be taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least seven days
prior to the hearing. Such notice may be served on any authorized
representative of the industrial user. A show cause hearing shall not be a
prerequisite for taking any other action and shall not otherwise limit the
director's authority to proceed under this article during the pendency of the
show cause proceedings.
Sec. 60-188. Emergency
suspensions.
(a) The director
may immediately suspend water and or sewer service to an industrial user
whenever such suspension is necessary in order to stop an actual or threatened
discharge which reasonably appears to present or cause an imminent or
substantial endangerment to the health or welfare of persons, which threatens
to interfere with the operation of the POTW, or which presents or may present
an endangerment to the environment.
(b) Any
industrial user notified of a suspension of water and/or sewer service shall
immediately stop or eliminate its discharge. If an industrial user fails to
immediately comply with the suspension order, the director shall take such
steps as are deemed necessary, including immediate severance of the sewer
connection and termination of water service, to prevent or minimize damage to
the POTW, the receiving stream, or endangerment to any individuals. The
director shall allow the industrial user to recommence its discharge when the
industrial user has demonstrated to the satisfaction of the director that the
period of endangerment has passed, unless the termination proceedings set forth
in section 60-186 are initiated against the industrial user.
(c) An
industrial user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement
describing the cause(s) of the harmful discharge and the measures taken to
prevent any future occurrence to the director, prior to the date of any show
cause or termination hearing under sections 60-186 and 60-187
(d) Nothing in
this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
Sec. 60-189. Remedies
nonexclusive.
The provisions
in sections 60-180 through 60-188 are not exclusive remedies. The director may
take any, all, or any combination of these actions against a noncomplying
industrial user. Nothing in this article is intended to limit the enforcement
discretion of the city.
DIVISION 9. - FEES AND COSTS
Sec. 60-190. Fees and costs.
Sec. 60-191. Permit fees and
monitoring fees.
Sec. 60-192. Surcharge when
concentration of BOD, suspended solids or oil and grease exceeds normal sewage.
Sec. 60-193. Payment of
surcharge, permit and monitoring fees.
Sec. 60-194. Hauled waste fees.
Secs. 60-195—60-199. Reserved.
Sec. 60-190. Fees and costs.
Industrial users
shall pay the cost of the wastewater discharge permitting program, the cost for
any treatment of discharges with BOD and/or suspended solids in excess of that
found in normal sewage, and the cost for collection and treatment of hauled
waste in accordance with this section.
Sec. 60-191. Permit fees and
monitoring fees.
(a) All
permittees are responsible for defraying the costs of administering the
permitting program.
(b) Permit
application review fees are applicable and are normally due at the time of the
permit application. Permit application review fees shall normally be billed at
the same time as the water bill and the normal sewer service charge unless
otherwise approved by the director.
(c) Permit
maintenance fees have been calculated to include a portion of the average costs
of sampling and analysis for each class of permit as well as the costs of
compliance inspections, report reviews, data analyses, permit modifications,
correspondence and other routine permit maintenance activities. permit
maintenance fees are payable on a monthly basis and shall normally be billed at
the same time as the water bill and the normal sewer service charge unless
otherwise approved by the director.
(d) If
additional sampling and analyses are required by enforcement circumstances,
sample collection shall be billed at the rate of $335.00 per occurrence (day)
and sample analyses shall be billed at cost as determined by the current city
laboratory analyses fee schedule. Enforcement sampling and testing charges
shall normally be billed at the same time as the water bill and the normal
sewer service charge unless otherwise approved by the director.
(e) A wastewater
discharge permit shall be issued/reissued only after payment of applicable
fees. Permit fees are non-refundable. The following fees are applicable:
Permit Class Fee
(note 1) Permit Monthly
Application Permit
Review Maintenance
1. Temporary
(<1 yr)
a. <35,000
$159.00 $408.00
b. <35,000
to <75,000.00 gal. $214.00 $926.00
c. >75,000
gal. $261.00 $1225.00
2. Special
wastes only
a. Radioactive,
Medical $261.00 $72.00
3. Waste
treatment facilities
a. <30,000
gal/mo $373.00 $145.00
b. >30,000
gal/mo $476.00 $291.00
4. Groundwater
remediation projects
a. <120,000
gal/yr $159.00 $145.00
b. >120,000
gal/yr $261.00 $216.00
5. Categorical
facilities
a. <1,000
gpd $159.00 $72.00
b. 1,000
to <10,000 gpd $261.00 $145.00
c. 10,000
to <25,000 gpd $373.00 $216.00
d. >25,000
gpd $476.00 $291.00
6.
Non-categorical large water users
a. <50,000
gpd $159.00 $145.00
b. >50,000
to <250,000 gpd $261.00 $216.00
c. >250,000
gpd $318.00 $291.00
7. Other
a. BOD,
SS, &/or O&G $261.00 $145.00
b. Other
$261.00 $145.00
Note 1. Permit
maintenance fees will be subject to a 200 percent surcharge for a period of 12
consecutive months following a determination of significant non-compliance
(SNC) as defined in section 60-181.
Permit
maintenance fees will be subject to a 40 percent discount after a period of 12
consecutive months with no "notice of violation" (NOV) non-compliance
determinations. This discount will be rescinded immediately upon issuance of
any NOV.
Sec. 60-192. Surcharge when
concentration of BOD, suspended solids or oil and
grease
exceeds normal sewage.
(a) Imposition.
When the BOD, suspended solids and/or oil and grease concentration of a
discharge exceeds the maximum concentration of any or all of these components
in normal sewage, a surcharge or surcharges established by the formula
hereinafter set forth shall be levied in addition to the normal sewer service
charge.
(b) Computation
of amount. The surcharge shall be computed by using the formulae:
SBOD =
(V;sub§\sub;)(0.00624)(RB)(BOD = 250)
Sss =
(V;sub§\sub;)(0.00624)(RS)(SS = 250)
SO&G = (V;sub§\sub;)(0.00624)(RG)(OG
= 30)
ESC = Extra
strength control charges
The symbols,
letters or figures employed in the formulae signify:
SBOD, SSS and
SO&G = Extra strength surcharges in dollars.
V;sub§\sub; =
Wastewater volume in hundred cubic feet.
0.00624 =
Conversion factor from milligrams per liter to pounds per hundred cubic feet.
RB = Surcharge
rate established in article I of this chapter, as the same now exists or may
hereafter be amended, in dollars for the treatment of each pound of BOD in
excess of 250 mg/l which is the concentration of normal sewage.
BOD = BOD
concentration of the discharge in milligrams per liter.
RS = Surcharge
rate established in article I of this chapter, as the same now exists or may
hereafter be amended, in dollars for the treatment of each pound of suspended
solids in excess of 250 mg/l which is the concentration of normal sewage.
SS = Suspended
solids concentration of the discharge in milligrams per liter.
RG = Surcharge
rate established in article I of this chapter, as the same now exists or may
hereafter be amended, in dollars for the treatment of each pound of oil and
grease in excess of 30 mg/l which is the concentration of normal sewage.
OG = Oil and grease
concentration of the discharge in milligrams per liter.
ESC = Extra
strength control charge.
The extra
strength control (ESC) charge shall be the actual departmental cost for each
individual user, including overhead, related to obtaining, measuring and
analyzing wastewater samples to determine wastewater strengths for billing
purposes. The director shall determine the method and frequency of said testing
as may be reasonable for each industrial user in accordance with recognized
engineering practices; provided, however, that an industrial user shall be
entitled to additional sampling at its request upon payment of additional costs
therefor. In lieu of sampling and analysis by the city, the director, at his
discretion, may permit an industrial user to collect and analyze samples of its
own wastewater at its own expense, provided that samples are taken at least
annually and collected and analyzed in accordance with standard laboratory
methods and the results are certified by a professional engineer registered in
the State of Missouri. The city reserves the right to verify any such submitted
data.
Sec. 60-193. Payment of
surcharge, permit and monitoring fees.
(a) Any
surcharge or surcharges pursuant to section 60-192 shall be shown on the water
bill as a separate item or items which shall show the amount of the surcharge
or surcharges and shall be payable to the water services department at the same
time as the water bill and the normal sewer service charge.
(b) Any permit
application fee pursuant to section 60-191 shall be shown on the water bill as
a separate item which shall show the amount of the permit application fee and
shall be payable to the water services department at the same time as the water
bill and the normal sewer service charge.
(c) Any permit
maintenance fee pursuant to section 60-191 shall be shown on the water bill as
a separate item which shall show the amount of the permit maintenance fee and
shall be payable to the water services department at the same time as the water
bill and the normal sewer service charge.
(d) Any
enforcement sampling and testing charges pursuant to section 60-191 shall be
shown on the water bill as a separate item which shall show the amount of the
enforcement sampling and testing charges and shall be payable to the water
services department at the same time as the water bill and the normal sewer
service charge.
(e) All
surcharge, permit application, permit maintenance, and/or sampling and testing
revenue collected in accordance with the provisions of this section shall be
deposited with the city treasurer in the same separate fund as is the revenue
collected for the normal sewer service charge. All such revenue shall be used
to pay the cost of constructing, operating, maintaining, and enlarging the existing
or future wastewater works of the city, and to pay the principal and interest
of sewer revenue bonds.
Sec. 60-194. Hauled waste
fees.
Fees for
receiving and treating hauled wastes, as allowed under section 60-125 of this
article, shall be as established by the director and published as "billing
policy for waste generators and haulers". This policy shall be updated
annually to reflect and recover the actual costs of providing this service.
Secs. 60-195—60-199.
Reserved.
DIVISION 10. -
INTERJURISDICTIONAL AGREEMENTS
Sec. 60-200. Interjurisdictional
agreements.
Sec. 60-201. Interjurisdictional
agreement provisions.
Secs. 60-202—60-209. Reserved.
Sec. 60-200.
Interjurisdictional agreements.
Sewerage
services may be extended to governmental jurisdictions outside the city limits
through interjurisdictional agreements (IJAs). These IJAs shall contain
provisions to recover the total costs of these sewerage services and to comply
with industrial pretreatment regulations.
Sec. 60-201.
Interjurisdictional agreement provisions.
(a) The
director, with the approval of the city council, may enter into cooperative
agreements for wastewater collection and/or treatment services with other
governmental jurisdictions, provided that:
(1) The other jurisdiction adopts a sewer use ordinance which is
at least as stringent as this article and adopts local limits which are at
least as stringent as those set forth in section 60-121.
(2) The other jurisdiction submits a revised commercial and
industrial user inventory on at least an annual basis.
(3) The other jurisdiction conducts an EPA- or state-approved
program of pretreatment implementation activities including industrial user
permit issuance, inspection and sampling, and enforcement, or authorizes the
City of Kansas City, Missouri and its servants, employees or agents to conduct
such activities on its behalf.
(4) The other jurisdiction agrees to provide the city with access
to all information that the other jurisdiction obtains as part of its
pretreatment activities in areas served by the city's POTW.
(5) The other jurisdiction agrees to pay the appropriate
surcharge as determined by section 60-192 of this article based upon the
measured flow and concentration of BOD, suspended solids, and oil and grease at
each interconnection point.
(6) The other jurisdiction's total discharge to the city's POTW
meets the general prohibitions provided in section 60-121 and the following
specific pollutant limitations:
Pollutant Daily
Maximum
Arsenic 0.100
mg/l
Benzene 0.100
mg/l
Cadmium 0.240
mg/l
Chromium 0.500
mg/l
Copper 0.300
mg/l
Cyanide 0.800
mg/l
Ethylbenzene
0.200 mg/l
Lead 0.300 mg/l
Mercury 0.004
mg/l
Nickel 1.200
mg/l
Phenols 2.000
mg/l
Silver 0.500
mg/l
Thallium 0.400
mg/l
Toluene 0.200
mg/l
Xylene 0.200
mg/l
Zinc 0.800 mg/l
PCBs 0.002 mg/l
Total toxic
organics (TTOs) as defined by 40 CFR 433.11(e) shall not exceed 1.0 mg/l at any
time.
(7) Exceedances of pollutant limitations as set forth in section
60-201(a)(6) will be subject to a surcharge for each pollutant for each
exceedance to be calculated as follows:
Daily maximum
exceeded per pollutant:
((AD/LD)-1) X
MGD X $10,000.00
The symbols,
letters or figures employed in the formula signify the following:
AD = average
concentration of a particular pollutant discharged in any one day.
LD = Daily
maximum concentration of a particular pollutant which may be discharged as
defined in section 60-201(a)(6).
MGD = Average
daily flow rate, in million gallons per day, for the reporting period.
(8) The surcharges described in section 60-201(a)(7) of this
article shall be waived if the other jurisdiction has authorized the city to
conduct industrial pretreatment implementation and enforcement activities in
its behalf and, the director has determined that the other jurisdiction has made
a good faith effort to assist in said implementation and enforcement
activities.
(9) The other jurisdiction installs, at its cost, a suitable
connection structure with adequate provisions for reliable flow recording and
monitoring. A permanent monitoring facility should be provided if such flow
includes discharge:
a. From
100 or more dwelling units; or
b. From
any commercial or industrial user; or
c. Which
exceeds 25,000 gallons per day average daily flow.
(b)
Interjurisdictional agreements entered into or amended after the effective date
of this article shall include and comply with the provisions of this section.
Such agreements
may contain compliance schedules of up to five years for any physical
construction necessary for compliance with the agreement's provisions.
(c) The
provisions of existing interjurisdictional agreements notwithstanding, the
pollutant limitations listed in section 60-201(a)(6) shall take effect 180 days
after the effective date of this article.
(d) Rates for
volume, BOD, suspended solids, and oil and grease shall be established by
article I of this chapter as the same now exists or as may be amended or
revised.
(e) The
requirements of section 60-201(a) through 60-201(d) of this article may not
apply to wastewaters which are not treated at the city's wastewater treatment
plants subject to the conditions of each negotiated inter jurisdictional
agreement.
Secs. 60-202—60-209.
Reserved.
DIVISION 11. - MISCELLANEOUS
PROVISION
Sec. 60-210. Confidential
information.
Sec. 60-211. Scope of
provisions.
Sec. 60-212—60-300. Reserved.
Sec. 60-210. Confidential
information.
Information and
data about an industrial user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, monitoring
programs, and from inspection and sampling activities, shall be available to
the public unless the industrial user specifically requests otherwise, and is
able to demonstrate to the satisfaction of the director that the information is
not required to be disclosed under Missouri or federal law. When the industrial
user has demonstrated that such information should be held confidential, and
the department concurs, the portions of a report which might disclose the
confidential information shall not be made available for inspection by the
public, but shall be made available upon request to governmental agencies for
uses related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. The city shall be
permitted to introduce any admissible evidence it deems necessary in any
criminal prosecution without regard to the request for confidentiality under
this section. Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2.302 shall not be recognized as
confidential information and shall be available to the public.
Sec. 60-211. Scope of
provisions.
This article
shall take precedence over any other earlier ordinances or sections thereof
which may be in conflict with this Article.
Sec. 60-212—60-300. Reserved.
Chapter 60
- ARTICLE V. - RESERVED
Secs.
60-301—60-340. - Reserved.
CHAPTER
60 - ARTICLE VI. - CONSTRUCTION AND REPAIR OF PRIVATE SEWAGE FACILITIES AND
HOUSE LINES
Sec. 60-341. Construction or repair
by property owner of sewage treatment or pumping facilities; authorized;
prerequisites.
Sec. 60-342. Engineering
reports, plans and specifications.
Sec. 60-343. Construction
permit.
Sec. 60-344. Bonds and
insurance.
Sec. 60-345. Construction
standards; acceptance by city.
Sec. 60-346. Refusal of building
permit or sewer connection permit on determination of insufficient capacity.
Sec. 60-347. Penalty for failure
to obtain permit.
Sec. 60-348. Repairs to house
service lines.
Sec. 60-341.
Construction or repair by property owner of sewage treatment or
pumping facilities; authorized; prerequisites.
The
director of water services is hereby authorized to issue special permits, upon
request, to owners of private property, or their representatives or
contractors, to construct, repair or reconstruct at their own expense sewage
treatment or sewage pumping facilities, on their property or in the public
streets or alleys adjacent thereto; provided such property shall have been
specifically granted a special permit by the board of zoning adjustment for
such use, and such facilities are, in the director's judgment, reasonably
necessary. No person shall begin any such improvement until such permit shall
have been issued.
Sec.
60-342. Engineering reports, plans and specifications.
(a) Engineering reports, plans and specifications
for sewage treatment or sewage pumping facilities authorized under section
60-341 shall be prepared by a registered professional engineer authorized to
practice engineering in this state and who is retained by the property owner,
and shall be submitted to the water services department for review and
approval.
(b) The engineering reports, plans and
specifications for the sewage treatment or sewage pumping facilities shall
conform to minimum standards as promulgated by the state clean water commission,
and, in addition, shall comply with all pertinent rules and regulations as may
be adopted by the director of water services, which rules and regulations shall
become effective when approved by the city attorney and filed with the director
of records.
Sec.
60-343. Construction permit.
(a) Before commencing any work on the sewage
treatment or sewage pumping facilities authorized under section 60-341, after
the engineering reports, plans and specifications have been approved by the
director of water services, the property owner or his agent or contractor shall
obtain a construction permit from the director of water services.
(b) Before the issuance of such permit, which shall
be in lieu of a building permit, the applicant shall pay an inspection fee amounting
to two percent of the estimated cost of construction, but in no case shall the
fee paid by the applicant be less than $25.00. The estimated cost of the
construction shall be an estimate based on costs of similar construction,
current at the time of application for the permit. This estimate of cost shall
be subject to the approval by the director of water services. For industrial
waste control plants not to be maintained by the city, the permit fee shall be
limited to the cost of review of plans and specifications by the city.
Sec.
60-344. Bonds and insurance.
(a) In all cases where the estimated cost of the
project authorized under section 60-341 shall exceed $300.00, the director of
water services shall require the property owner or his agent to furnish a
surety bond, otherwise known as performance bond, equal to the estimated cost
of the work. The bond shall guarantee satisfactory performance and completion
of the work to the satisfaction of the director of water services, within a
time limit specified on such special permit; also, at this time, the permittee
shall furnish a surety bond, otherwise known as a maintenance bond, equal to
the estimated cost of the work, conditioned that the improvements shall be
constructed of such materials and in such manner that the improvement shall
endure, without need of repair, for one year after
the final inspection of construction and acceptance of construction by
the director of water services.
(b) The director of water services shall also
require the permittee to file a bond conditioned to protect and save harmless
the city from all claims for damage or injury or death, to other persons and
property, by reason of such construction work, or in lieu of such bond the
permittee may file with the city a public liability insurance policy with the
city being named as the insured, indemnifying the city for such claims for
damage or injury, the amount and sureties of the bond or insurance to be
approved by the director of finance.
(c) All bonds or insurance forms are to be filed
with the director of finance at the time the permit is issued.
Sec.
60-345. Construction standards; acceptance by city.
(a) All work of construction on facilities
authorized under section 60-341 shall be in accordance with the approved
engineering reports, plans and specifications, all applicable city standard
specifications on file in the office of the director of water services, and all
applicable provisions, of the building code of the city. Also, all such work
shall be done under the direction and supervision and to the satisfaction and
acceptance of the director of water services. Acceptance of the completed
facility by the director shall be made only after receipt of evidence that all
bills for labor, materials and equipment have been paid, and as-built plans
certified by a registered professional engineer have been delivered to the
director of water services. Upon acceptance of the facility and conveyance of
acceptable title to the city, the department of water services will maintain
and operate the facility and collect sewer service charges in accordance with
applicable city ordinances.
(b) The granting of this special permit and the
construction of the sewage treatment or sewage pumping facility, and acceptance
by the city of such facilities for maintenance and operation, shall not exempt
the property served by it from being taxed for the construction of sewers in
the districts or in the joint districts now or hereafter established in which
any facility may be constructed, and the city shall not be bound by the
construction to consider that the properties served by such facilities
constitutes a separate sewer district, and the city shall have the right and
power to assume ownership of, to make use of, and to construct, reconstruct or
change the sewage pumping facilities in any manner or do any other things
necessary for the proper sewering and treatment of sewage wastes from the area
serviced by the facility authorized by the special permit.
(c) Nothing in this section shall be construed to mean that the property
owner or his assigns shall be denied the right to use the sewage treatment or
pumping facility up to the approved designed capacities as stipulated in the
approval of plans and specifications by the director of water services.
Sec. 60-346.
Refusal of building permit or sewer connection permit on
determination of insufficient capacity.
The
directors of city planning and development and the water services departments
are hereby directed to refuse the issuance of building permits or sewer
connection permits for any residence, building or structure where a
determination has been made and evidenced in writing by the director of water
services that such addition would result in exceeding the design capacities of
the sewerage facilities of the city.
Sec.
60-347. Penalty for failure to obtain permit.
(a) Any person, whether owner, representative,
contractor, subcontractor or foreman, who shall construct, repair, reconstruct
or alter any sewage treatment facility or sewage pumping facility within any
public way or on any private property without first securing a special permit
therefor, issued by the director of water services, shall be deemed guilty of
an ordinance violation, and upon conviction thereof shall be fined in a sum not
less than $50.00 and not more than $500.00.
(b) For every day, after the conviction of any
person for the violation or failure, neglect or refusal to comply with any
provision, regulation or requirement of this section, that such violation is
continued, such person shall be deemed and taken to be guilty of a separate and
distinct offense, for which he may be again arrested, tried, convicted and
punished as in the first instance.
Sec.
60-348. Repairs to house service lines.
(a) Authority. The director of water services
is hereby authorized to replace and repair all that part of any broken or
collapsed private house services line which lies within the confines of street
or alley rights-of-way, or within sewer or utility easements under the control
of the city for sewer purposes, provided that resources are available to
accomplish this work without handicap or neglect to the maintenance and repair
of public sewers. Repair of all that portion of house service lines lying
outside the confines of streets, alleys or sewer easements shall remain the
responsibility of the owner thereof.
(b) Emergency repairs. Repair of that part of
a private house service line on public property may be accomplished by the city
as soon as feasible without resort to emergency measures or undue interference
with other maintenance and repair activities. If an owner or occupier of
property deems that emergency repair is necessary and does not elect to await
the repair as may be scheduled by the city, the repair shall be accomplished by
a licensed plumber engaged by and at the expense of the owner or occupier of
the property.
(c) Prerequisites for repair of house sewer lines
by city. Replacement or repair may be accomplished by the city only when
the property owner:
(1) Is not desirous of having replacement or
repair accomplished by a licensed plumber at his own expense; and
(2) Provides a statement from a licensed
plumber certifying that a broken or collapsed house service line does exist on
a public right-of-way.
The certification shall give the approximate location of the break and
efforts used by the plumber in attempting to determine the location of the
break. House service lines broken by an agency of the city or by its
contractors or by the contractors in private or public employment shall not be
subject to repair under this section.
(d) Access to private property for repair of house
service lines. The water services department shall not repair or cause to
be repaired any house service line described in this section unless the owner
or occupant of the property directly affected shall permit the city to have
access to such property as may be necessary to determine the alignment of the
house service line between the building or appurtenances and the public sewer,
or to effect the repair in an efficient manner.
(e) Additional regulations for repair of house service lines. The
director is hereby authorized to issue regulations to control the repair
program authorized by this section, including but not specifically limited to
regulations relating to materials, surface restoration, safety precautions,
requirements for operation of owner or occupant, and compliance with building
codes.
CHAPTER
61 - ARTICLE I. - STORMWATER UTILITY
Sec. 61-1. Control of storm water system.
Sec. 61-2. Purpose of chapter.
Sec. 61-3. Stormwater utility
division; applicability of stormwater fee.
Sec. 61-4. Collection and amount of
stormwater fees.
Sec. 61-5. Reserved.
Sec. 61-6. Payment of stormwater charges.
Sec. 61-7. Master drainage plan.
Sec. 61-8. Nonliability of city for damage
caused by flooding.
Sec. 61-9. Stormwater coordinating committee.
Secs. 61-10—61-19. Reserved.
Sec.
61-1. Control of storm water system.
(a) The water services department shall have control
of, and responsibility for, the planning and construction of all storm sewers
which are financed by special assessment against the benefited property, all
storm sewers constructed privately as a part of the city's sewer system, by
persons, firms, corporations and associates, under a permit issued by the City,
and storm sewers constructed from funds otherwise made available to the
department by appropriate action of the city council.
(b) The water services department shall have
responsibility for the planning and construction of the stormwater system. The
water services department shall also have responsibility for the maintenance
and operation of the city's stormwater system, including storm sewers, combined
sewers, pumping stations, force mains, drainage ways, levees,
detention/retention basins, and treatment works.
Sec. 61-2. Purpose
of chapter.
(a) The purpose of this chapter is to protect,
preserve and promote the public health, safety and welfare of the citizens of
the city from damage from stormwater runoff and floods; to provide funds
necessary for the payment of the cost of the administration, management,
operation and maintenance, planning and engineering of improvements that are
necessary for the operation of the city's stormwater system and for payment of
the cost of construction, reconstruction, enlargement and replacement of any
part of the city's stormwater system and appurtenances; for the payment of the
principal and interest upon bonds issued and outstanding, and to be issued, for
stormwater facilities; and for the acquisition of land for such purposes.
(b) It is the intent of the city council, in
enacting this chapter, to:
(1) Promote public health, safety and welfare
by planning for the movement of emergency vehicles during flooding periods and
minimizing flood losses and the inconvenience and damage resulting from
uncontrolled and unplanned stormwater runoff in the city;
(2) Provide for the construction,
reconstruction, enlargement, maintenance and replacement of the stormwater
system as is necessary or desirable to manage storm and flood waters and to
provide for the efficient management of the stormwater system;
(3) Establish a master plan for stormwater
and flood management and its implementation, including, without limitation, a
coordinated program of creating upstream ponding or temporary detention of
stormwaters;
(4) Establish a stormwater and flood
management utility to coordinate, design, construct, manage, operate and
maintain the stormwater and flood management system;
(5) Establish reasonable stormwater and flood
management fees based on the use of the stormwater system; and
(6) Encourage and facilitate urban water
resources management techniques, including, without limitation, detention of
stormwater and floods, reduction of the need to construct storm sewers,
reduction of pollution and enhancement of the environment.
Sec.
61-3. Stormwater utility division; applicability of stormwater fee.
(a) There is hereby created a stormwater utility
within the water services department under the control of the director of water
services, who is empowered to implement the provisions of this article.
(b) The stormwater utility hereby created shall be
responsible for the management of the stormwater system.
(c) The stormwater fee shall be used for the sole
purpose of stormwater system management, which includes catch basin
maintenance, storm sewer and channel maintenance, flood protection system
management and stormwater master planning.
Sec.
61-4. Collection and amount of stormwater fees.
There is hereby assessed a stormwater fee on every
property within the city limits, that prevents stormwater from being directly absorbed
into the underlying ground. The fee shall be based on the amount of surface
("runoff surface") on a given property. Such fees are to be computed
and levied as follows:
(1) Fee structure. The stormwater fee
is based upon the amount of runoff surface on a property, not an actual or
theoretical stormwater runoff. The fee structure considers runoff surface to be
an indicator of a property's runoff contribution, but also considers the fixed
costs of the stormwater utility, which benefit all properties in the city.
Fixed costs include program administration as well as maintenance of the storm
drainage and flood protection systems.
(2) Runoff surface. A "runoff
surface" is an impervious surface area that does not allow rain or snow
melt to be directly absorbed into the underlying ground.
a. Runoff surfaces include, but are not
limited to: Rooftops, asphalt or concrete driveways, patios, parking lots,
tennis courts, swimming pools.
b. Runoff surfaces do not include:
1. Wood decks located above a pervious (dirt,
grass or gravel) surface area; or
2. Gravel/rock areas such as: rocked
landscaped areas, or driveways or parking lots not required to be paved
pursuant to code section 52-35
c. Updated runoff surface determinations
shall be made through new aerial photographs or any other means available to
the director of water services. It shall be the duty of a property owner to
notify the director of water services of any changes in runoff surface if the
owner desires the runoff surface determination be reconsidered. Runoff surface
determinations shall not be retroactive without convincing documentation
confirming the date that a runoff surface changed.
(3) Fee amount. The stormwater fee
shall be $0.50 per month for each 500 square feet ("runoff unit"), or
portion of 500 square feet, of runoff surface on a property. Portions of a
runoff unit shall be rounded up to the next highest runoff unit only when the
portion is 0.5 runoff unit or greater.
(4) Stormwater fee credits.
a. Ratio credit. Properties that have a
large pervious area to help absorb runoff from the runoff surface will be given
a ratio credit, if the ratio of the total property area to the runoff surface
area is at least 30:1. Properties that qualify shall be granted a 50 percent
stormwater fee credit.
b. Detention credit. Stormwater detention
structures are installed and maintained to reduce the peak flow of and runoff
volume of stormwater from a drainage area, thereby reducing flooding and
erosion downstream. Properties served by a privately owned, and properly
maintained, detention structure shall be granted a stormwater fee credit. The
amount of the credit shall be based on the reduction of stormwater runoff
provided by the detention structures and be calculated according to guidelines
established by the director of water services. The minimum credit shall be ten
percent and the maximum credit shall be 50 percent.
c. It shall be the duty of the property
owner to apply for the ratio credit, detention credit, or both. If a property
receives both a ratio credit and a detention credit, the ratio credit shall be
applied first, and then the detention credit shall be applied to the remaining
amount. The combined credit shall not exceed 75 percent.
(5) Appeals. Upon the written request
of any owner whose property is subject to the stormwater fee, the director of
water services, or a person designated by the director of water services, shall
review the applicability or amount of the stormwater fee. Matters which shall
be reviewed may include:
a. Whether a surface is considered a runoff
surface subject to the stormwater fee;
b. Amount of runoff surface, or number of
runoff units, subject to the stormwater fee;
c. Bill payment responsibilities; and
d. Amount and applicability of stormwater
fee credits.
(6) Billing procedures.
a. Stormwater fee charges for properties
with one water service or sanitary sewer service account shall be included on
the water bill in the manner established by chapter 78 of the code of
ordinances, subject to additional provisions of this subsection.
b. For properties where the water or sewer
service accounts are inactive, or for the properties which have no water or
sewer service accounts, a bill shall be sent to the property owner. The
director of water services shall determine the frequency of the billing.
c. For new residential, commercial and
industrial properties an estimated runoff surface may be established for
billing purposes until such time as the actual runoff surface can be
determined. If, after the actual runoff surface for the property has been
established, it is determined that the property was overcharged, then a credit
for the amount overcharged shall be applied to the account.
(7) No stormwater service charge shall be
charged for any parcel of land that is void of any development.
(8) Rules and regulations. The
director of water services shall have power to promulgate reasonable rules,
regulations, orders and direction as may be necessary and feasible to implement
the provisions of this section.
(9) Additional enforcement of collections.
In addition to procedures established in this section, the stormwater fee may
be collected and enforced under and pursuant to the provisions of chapters 60
and 78 of this code.
(10) "Month" or "monthly"
shall refer to a time period of 30 days. Bills greater or less than 30 days
shall be prorated per day based on the billing period.
Sec.
61-5. Reserved.
61-6. Payment of stormwater charges.
The stormwater fees provided in section 61-4 shall be payable
to the water services department at the same time as the water bill, or at such
other time as designated on the bill for stormwater charges.
Sec.
61-7. Master drainage plan.
(a) The director of water services shall develop a
master drainage plan for the city, based on engineering studies, that indicates
the location of all drainage facilities in the city, including those facilities
that currently exist and those determined to be needed and that are intended to
be constructed in the future. The plan shall include all major drainageways
that directly or indirectly affect drainage within the city, all drainage
basins in the city, and all natural drainage courses and other drainage
facilities required to provide for the drainage and management of surface
waters within the drainageways and basins and to carry such waters to
designated points without overflow or discharge. The plan may also show any
other information that the director deems desirable. The director shall solicit
public participation during the formulation of the master drainage plan and
other phases of implementation of the storm drainage and flood management
program provided in this article.
(b) The purpose of the master drainage plan
prescribed by this section is to identify and alleviate present and future
drainage and flooding problems in the city by means of presenting in an orderly
fashion the general data and information essential in understanding the
relationship between rainfall and storm runoff. The master drainage plan serves
as the official designation of drainage facilities and drainageways and basins
shown thereon and may be altered from time to time to conform to existing
conditions.
(c) Any time a project is proposed by the city to
implement the master drainage plan, the director shall hold a public hearing in
the neighborhood where the project is to be constructed, after publishing
notice in a newspaper of general circulation.
(d) The director may undertake supplementary studies
to determine the estimated cost of constructing the drainage facilities shown
on the master drainage plan, including the expense of any necessary land
acquisition.
(e) The city council shall adopt the master drainage
plan by resolution. No substantial modifications thereof may be made unless the
council first approves them.
(f) After adoption of the master drainage plan, the
director of records shall retain a copy on file for public inspection during
normal business hours.
(g) In the annual proposed city budget, the director
shall submit to the city council a proposed budget for construction of drainage
facilities, containing a statement of all amounts currently in the stormwater
funds, an estimate of anticipated revenues for the ensuing budget year, and a list
of the proposed projects to be constructed or developed.
Sec.
61-8. Nonliability of city for damage caused by flooding.
Larger floods from stormwater runoff may occasionally occur
which exceed the capacity of storm drainage facilities constructed and
maintained by funds made available under this article. This article does not
imply that property liable for the fees established in this article will always
be free from stormwater flooding or flood damage. This chapter shall not create
a liability on the part of, or a cause of action against, the city or any
officer or employee thereof for any flood damage that may result from storms or
the runoff thereof. This article does not purport to reduce the need for
obtaining flood insurance.
Sec.
61-9. Stormwater coordinating committee.
(a) The stormwater coordinating committee is hereby
established to facilitate thorough review and coordination of stormwater
management functions for the city.
(b) The membership of the stormwater coordinating
committee shall be composed of member departments as follows:
(1) Director of water services department who
shall serve as chairperson and secretary;
(2) Director of city planning and
development;
(3) Chief environmental officer;
(4) Director of neighborhood and community
services;
(5) Director of parks and recreation; and
(6) Director of public works.
(c) The responsibilities of the stormwater
coordinating committee shall include, but not be limited to, the following:
(1) Review major planning and major
development projects;
(2) Recommend stormwater policy changes;
(3) Assist the water services department
stormwater utility as requested;
(4) Develop appropriate stormwater design
standards, regulations, zoning and enforcement criteria; and
(5) Fulfill other responsibilities as
assigned by the city manager.
(d) The city manager is authorized to promulgate
procedures to provide for the proper administration and documentation of the
stormwater coordinating committee activities.
Secs. 61-10—61-19. Reserved.
CHAPTER
61 - ARTICLE II. - STORM SEWER AND DRAIN CONSTRUCTION
Sec. 61-20. Enclosing natural
drainage ditches.
Secs. 61-21—61-49. Reserved.
Sec.
61-20. Enclosing natural drainage ditches.
(a) Permit required. No person shall enclose
any natural drainage ditch abutting against or traversing his property without
having first obtained a permit from the city planning and development
department for such enclosure.
(b) Filing of plans. Prior to the issuing of
the permit, the permittee shall file plans showing the method of construction
of the enclosure with the city planning and development department and obtain
its approval of such methods and materials, and the size of the structure or
pipe.
(c) Materials. Any pipe, culvert, box
enclosure or similar mechanism employed to contain any such creek, creek bed,
natural drainage ditch or other stream shall be of a material meeting
requirements as set forth in the general specifications entitled "Pipes,
Sewer," on file in the department of water services.
(d) Issuance of permit; inspections. The
permit issued for such enclosure shall be at no charge. The permittee shall
notify the city planning and development department when the enclosure is
complete and prior to the placing of backfill or topsoil cover over the
enclosure, so that the city planning and development department may inspect the
work and material in place in order to ensure conformance with this section.
(e) Noncompliance with specifications. Should
such materials or methods employed by a permittee not be in conformance with
the specifications for such work as furnished by the department of water
services, then the city planning and development department may order the
removal of such enclosure, pipe or conduit.
(f) Responsibility for maintenance and repair.
Nothing contained in this section shall increase the liability of the city for
future maintenance or repair of any such pipe, conduit, culvert or enclosure
placed in any stream, creek bed or drainage ditch, such maintenance and repair
being and remaining the sole responsibility of the property owner upon whose
property such ditch or creek bed lies.
Secs. 61-21—61-49. Reserved.
CHAPTER
61 - ARTICLE III. - STORMWATER DISCHARGE CONTROL REGULATIONS
Sec. 61-50. Title and authority.
Sec. 61-51. Purpose.
Sec. 61-52. Definitions and
rules of construction.
Sec. 61-53. Abbreviations.
Sec. 61-54. Applicability.
Sec. 61-55. Minimum standards.
Sec. 61-56. Prohibitions.
Sec. 61-57. Monitoring of
discharges.
Sec. 61-58. Requirement to
prevent, control, and reduce stormwater pollutants.
Sec. 61-59. Industrial users.
Sec. 61-60. Industrial users
outside of city.
Sec. 61-61. Industrial or
construction activity discharges.
Sec. 61-62. Suspension of system
access.
Sec. 61-63. Notification of
spills.
Sec. 61-64. Notice of violation.
Sec. 61-65. Appeal of notice of
violation.
Sec. 61-66. Abatement.
Sec. 61-67. Cost of abatement of
the violation.
Sec. 61-68. Violations deemed a
public nuisance.
Sec. 61-69. Penalty.
Sec. 61-70. Remedies not
exclusive.
Secs. 61-71—61-99. Reserved.
Sec. 61-50. Title and
authority.
This article
shall be known as the Kansas City, Missouri stormwater discharge control
regulations and may be cited as stormwater discharge control regulations or
regulations. The director of water services shall be responsible for the
administration and enforcement of this article.
Sec. 61-51. Purpose.
(a) The purpose
of this article is to provide for the health, safety, and general welfare of
the citizens of the city through the regulation of stormwater and
non-stormwater discharges to the storm drainage system to the maximum extent
practicable as required by federal and state law.
(b) The
objectives of this article are:
(1) To regulate the contribution of pollutants to the storm
drainage system by stormwater discharges by any user;
(2) To prohibit illicit connections and discharges to the storm
drainage system;
(3) To establish legal authority to carry out all inspection,
surveillance, monitoring, and enforcement procedures necessary to ensure
compliance with this article.
Sec. 61-52. Definitions and
rules of construction.
(a) Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used
in this article shall be as follows:
(1) Best management practices (BMPs) means schedules of
activities, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
(2) Clean Water Act. The federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), and any subsequent amendments thereto.
(3) Combined sewer system (CSS) means a sewer system designed and
operated to carry both stormwater and wastewater.
(4) Construction activity means activities subject to NPDES land
disturbance permits or city land-disturbance permits. Such activities include
but are not limited to clearing and grubbing, grading, excavating, and demolition.
(5) Dechlorinated water means water containing not more than one
milligram per liter of chlorine.
(6) Director means the director of water services for Kansas
City, Missouri or the director's authorized representative(s).
(7) Discharge means material directly or indirectly released to
the city's storm drainage system or the act of releasing material directly or
indirectly to the city's storm drainage system or to a watercourse within the
boundaries of a premises.
(8) Discharger means any person that discharges to the city's
storm drainage system.
(9) Hazardous materials means any material, including any
substance, waste, or combination thereof, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may cause,
or significantly contribute to, a substantial present or potential hazard to
human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
(10) High-risk discharge means any discharge or release from any
premises to the storm drainage system that contains or may contain pollutants
at concentrations that would cause or contribute to a violation of water
quality standards.
(11) Illicit connection means any of the following:
a. Any drain or conveyance, whether on the surface or
subsurface, which allows a prohibited discharge to enter the storm drainage
system including, but not limited to, any conveyances which allow any
non-stormwater discharge including wastewater, process wastewater, and wash
water to enter the storm drainage system and any connections to the storm
drainage system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved by the
director except that discharge of wastewater not otherwise prohibited may be
discharged to the combined sewer system;
b. Any drain or conveyance connected from a commercial or
industrial land use to the storm drainage system which has not been documented
in plans, maps, or equivalent records and approved by the director;
c. Any drain or conveyance, whether surface or subsurface that
delivers stormwater to the sanitary sewer system, unless allowed under the
city's current building code;
d. Any connection from a roof drain, sump pump, area drain or
yard drain that delivers storm water to the buildings sanitary sewer (which
conveys the buildings wastewater and connects to the public sewer) or to the
sanitary sewer system unless specifically authorized by the director.
(12) Industrial activity means activities subject to NPDES
Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14).
(13) Industrial user means any source of discharge into the storm
drainage system from hazardous waste treatment, disposal, and recovery
facilities; industrial facilities subject to SARA Title III Section 313; and
other industrial or commercial facilities that the director determines is
contributing or has the potential to contribute a substantial pollutant loading
to the storm drainage system.
(14) Missouri Clean Water Law means Chapter 644 of the Revised
Statutes of Missouri and any subsequent amendments thereto.
(15) Municipal separate storm sewer system (MS4) means
publicly-owned facilities by which stormwater is collected and/or conveyed,
including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human-made or altered drainage
channels, reservoirs, and other drainage structures.
(16) National pollutant discharge elimination system (NPDES) storm
water discharge permit means a permit issued by EPA (or by a state under
authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable
on an individual, group, or general area-wide basis.
(17) Non-stormwater discharge means any discharge to the storm
drainage system that contains pollutants or hazardous materials or that is a
high-risk discharge.
(18) Person means any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal representatives,
agents or assigns.
(19) Pollutant means generally, any substance introduced into the
environment that adversely affects the usefulness of a resource or the health
of humans, animals, or ecosystems or that has the potential to violate water
quality standards. Pollutants may include, but are not limited to: paints,
varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious or offensive
matter of any kind.
(20) Premises means any building, lot, parcel of land, or portion
of land whether improved or unimproved, including adjacent sidewalks and
parking strips.
(21) Prohibited discharge means any direct or indirect
non-stormwater discharge to the storm drainage system, except as exempted in
section 61-56 of this article.
(22) Storm drainage system means the combined network of the MS4
and those portions of the public infrastructure designed to convey stormwater
to the CSS.
(23) Stormwater means any surface flow, runoff, or drainage
consisting entirely of water from any form of natural precipitation.
(24) Stormwater pollution prevention plan means a document which
describes the best management practices and activities to identify sources of
pollution or contamination at a site and the actions to eliminate or reduce
pollutant discharges to stormwater, the storm drainage system, and/or receiving
waters to the maximum extent practicable.
(25) Wastewater means any water or other liquid, other than
uncontaminated stormwater, discharged from a facility.
(26) Watercourse means any surface drainage way, natural or
manmade, including any creek, culvert, ditch, stream or river which carries
stormwater.
(27) Waters of the state means all rivers, streams, lakes and other
bodies of surface and subsurface water lying within or forming a part of the
boundaries of the state which are not entirely confined and located completely
upon lands owned, leased or otherwise controlled by a single person or by two
or more persons jointly or as tenants in common. These waters also include
waters of the United States lying within or adjacent to the state.
(b) Rules of
construction. Unless the context specifically indicates otherwise, the
construction of terms used in this article shall be as follows:
(1) "Shall" is mandatory; "may" is permissive
or discretionary.
(2) The singular shall be construed to include the plural and the
plural shall include the singular as indicated by the context.
(3) The masculine shall be construed to include the feminine.
Sec. 61-53. Abbreviations.
For the purposes
of this article, the following abbreviations shall have the designated
meanings:
CFR—Code of
Federal Regulations.
CSS—Combined
Sewer System
EPA—United
States Environmental Protection Agency.
MS4—Municipal
Separate Storm Sewer System
NPDES—National
pollutant discharge elimination system.
USC—United
States Code.
Sec. 61-54. Applicability.
This article
shall apply to all water entering the storm drainage system and to stormwater
discharge entering the sanitary sewer system unless explicitly exempted by the
director.
Sec. 61-55. Minimum
standards.
(a) The
standards set forth herein and promulgated pursuant to this article are minimum
standards. Compliance with this article does not ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants.
(b) This article
or any administrative decision made under it does not exempt any person from
any other requirements of this code, state or federal laws, or from procuring
any required permits, or limit the right of any person to maintain, at any
time, any appropriate action, at law or in equity, for relief or for damages
against any person arising from the activity regulated under this article.
Sec. 61-56. Prohibitions.
(a) Prohibited
discharges.
(1) No person shall discharge or cause to be discharged into the
municipal storm drainage system or watercourses any prohibited discharges.
(2) No person shall commence, conduct or continue any prohibited
discharge to the storm drainage system except as described as follows:
a. The
following discharges are not prohibited discharges:
1. Water
line flushing or other potable water sources,
2. Landscape
irrigation or lawn watering,
3. Diverted
stream flows,
4. Rising
ground water,
5. Ground
water infiltration to storm drains,
6. Uncontaminated
pumped ground water,
7. Foundation or footing drainage (not including discharges from
active groundwater dewatering systems),
8. Discharges
from crawl space pumps,
9. Air
conditioning condensation,
10. Springs,
11. Discharges
from non-commercial washing of vehicles,
12. Natural
riparian habitat or wet-land flows,
13. Dechlorinated
water from swimming pools,
14. Water
from fire fighting activities,
15. Any
water not containing pollutants
16. Discharges specified in writing by the Director as being
necessary to protect public health and safety.
b. Dye testing is an allowable discharge if written notification
is provided to the director prior to the time of the test.
c. Any non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered
under the authority of EPA is exempt from discharge prohibitions established by
this article provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drainage system.
(b) Illicit
connections.
(1) The construction, use, maintenance or continued existence of
illicit connections to the storm drainage system or sanitary sewer system is
prohibited.
(2) This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of
connection.
(3) A person is considered to be in violation of this article if
the person connects a line conveying sewage to the MS4, or allows such a
connection to continue.
Sec. 61-57. Monitoring of
discharges.
(a)
Applicability. This section applies to all dischargers to the city's storm
drainage system, including construction activity.
(b) Access to
premises and facilities.
(1) Any person shall allow the director ready access to all parts
of the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES permit to
discharge stormwater, and the performance of any additional duties as defined
by state and federal law.
(2) The director shall have the right to conduct monitoring
and/or sampling of any premises stormwater discharge prior to its entry into
the storm drainage system.
(3) If the director is not allowed to conduct monitoring and/or
sampling of a premises stormwater discharge, the director may suspend system
access in accordance with the provision of this article.
(c) Monitoring
of discharges.
(1) The director may require a discharger to install monitoring
equipment and conduct sampling of its discharges to the storm drainage system
as necessary and in a manner acceptable to the director. Sampling and
monitoring equipment installed pursuant to this section shall be maintained at
all times in a safe and proper operating condition by the discharger at its own
expense. All devices used to measure stormwater flow and quality shall be
calibrated to ensure their accuracy.
(2) When the director requires a discharger to conduct sampling
under this section, all stormwater discharge samples shall be collected in
accordance with 40 CFR 122.21(g)(7), as may be amended from time to time, and
pollutant analyses shall be performed in accordance with 40 CFR Part 136, as
may be amended from time to time. If 40 CFR Part 136 does not specify
analytical techniques for the pollutant in question, analyses must be performed
in accordance with procedures approved in writing by the director.
(3) Any discharger required to collect samples pursuant to this
section shall maintain the following records and information for all such
samples:
a. The
date, exact place, method and time of sampling;
b. The
name(s) of the person(s) collecting the samples;
c. The
date the analyses were performed;
d. Who
performed the analyses;
e. The
analytical protocols, techniques, and methods used; and
f. The
results of such analyses.
(4) The records of any sampling or monitoring conducted pursuant
to this section shall be maintained by the discharger for a period of at least
3 years, unless the discharger has been specifically notified of a longer
retention period by the director. The three-year retention period shall be
extended automatically for the duration of any litigation concerning compliance
with this article.
Sec. 61-58. Requirement to
prevent, control, and reduce stormwater pollutants.
Dischargers
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the storm drainage system.
Any person responsible for premises, which is, or may be, the source of a
prohibited or high-risk discharge or has an illicit connection, may be required
to implement, at said person's expense, BMPs to prevent the further discharge
of pollutants to the storm drainage system. For those facilities required by
state or federal law to have an NPDES stormwater discharge permit, compliance
with all terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed in compliance with the provisions of this section.
Sec. 61-59. Industrial users.
(a)
Applicability. The following additional requirements shall apply to all
industrial users.
(b)
Self-monitoring and self-inspections. The director may require industrial users
to conduct self-inspections, self-monitoring of stormwater discharges, and
provide reports of such activities to the director in a manner deemed
appropriate by the director.
(c) Records maintenance
and retention. Industrial users shall maintain the following records and shall
retain such records for a period of at least three years, unless the discharger
has been specifically notified of a longer retention period by the director.
The three-year retention period shall be extended automatically for the
duration of any litigation concerning compliance with this article:
(1) Date and time, volume and methods of removal and disposal and
location of disposal site(s) for solids, sludge, grease, filter backwash, or
other pollutants removed in the course of treatment or control of wastewater.
Records of receipt by the disposal facility of all such wastes removed from the
industrial users premises shall also be maintained;
(2) Material safety data sheets, incoming hazardous waste
manifests, outgoing hazardous waste manifests, records of sludge and other
residual waste disposal, sampling records, analytical reports, production
records, purchase records, reports submitted to regulatory agencies and other
related records;
(3) Any permit applications, reports, and other records
concerning industrial user discharges.
(d) Pollution prevention
plans. The director may require industrial users to prepare, submit for review
and comment, and implement stormwater pollution prevention plans as set forth
in this section. The submitted pollution prevention plans shall be modified in
accordance with the director's comments within the timeframe established by the
director. Review of such plans shall not relieve the industrial user from
responsibility for modifying its facility as necessary to meet the requirement
of this article. Such pollution prevention plans shall address the following
items:
(1) Description and location of stored chemicals, raw materials
and other significant materials;
(2) Prevention of exposure of significant materials to
precipitation;
(3) On-site stormwater treatment;
(4) Spill prevention, including:
a. Selection
and construction of equipment;
b. Equipment
operation, maintenance, and inspection procedures;
c. Personnel
training and supervision; and
d. Security
measures to prevent vandalism;
(5) Spill
containment;
(6) Procedures for immediate notification to the water services
department of any spill or accidental discharge of significant materials to the
storm drainage system, and procedures for follow-up written notification.
(7) Procedures to prevent adverse impacts of any spill. Such
procedures include, but are not limited to: inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, measures for
containing materials, and emergency response procedures and equipment;
(8) Such other practices, facilities, or methods as required by
the director.
(e) Monitoring
and control of discharges. The director may require industrial users to monitor
and control their contribution of pollutants to the storm drainage system. The
director may require industrial users to implement BMPs where deemed necessary
by the director to achieve the objectives of the city's stormwater management
program. The director may establish monitoring requirements, pollutant
limitations and other restrictions on industrial user discharges to the storm
drainage system. Such monitoring requirements, pollutant limitations, or other
restrictions may be as stringent as or more stringent than requirements set
forth in an NPDES permit issued by the state or EPA to the industrial user for
such discharge, if deemed necessary by the director to achieve the objectives
of the city's stormwater management program.
Sec. 61-60. Industrial users
outside of city.
The city may
enter into agreements with other jurisdictions to require industrial user
sampling, obtain information, and monitor and control the quality of indirect
discharges to the city's storm drainage system from industrial users located
outside the city.
Sec. 61-61. Industrial or
construction activity discharges.
(a) Any person
subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required, in a form acceptable to the director, prior
to discharge to the storm drainage system.
(b) In addition
to subsection(a) above, management of stormwater and stormwater discharges
resulting from construction activity shall be conducted in accordance with City
Code.
Sec. 61-62. Suspension of
system access.
(a) Suspension
due to prohibited discharges in emergency situations. The director may, without
prior notice, suspend storm drainage system discharge access for a person when
such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or
to the health or welfare of persons, or to the storm drainage system or waters
of the state. If a person fails to comply with such suspension order, the
director may take such steps as deemed necessary to prevent or minimize damage
to the storm drainage system or waters of the state, or to minimize danger to
persons.
(b) Suspension
due to the detection of prohibited discharge or illicit connection.
(1) Any person discharging to the storm drainage system in
violation of this article may have their storm drainage system access suspended
if such suspension would abate or reduce a prohibited discharge.
(2) Any person having an illicit connection to the sanitary sewer
system in violation of this article may have their sanitary sewer system access
suspended if such suspension would abate the prohibited discharge.
(3) The director shall provide notification of the proposed
suspension of storm drainage system access prior to such suspension. Any person
receiving such notice may petition the director for a reconsideration and
hearing.
(c) Suspension
due to refusal to allow monitoring and/or sampling.
(1) Any person who does not allow the director to conduct
monitoring and/or sampling of any premises stormwater discharge before the
discharge enters the storm drainage system may have their storm drainage system
access suspended.
(2) The director shall provide notification of the proposed
suspension of storm drainage system access prior to such suspension. Any person
receiving such notice may petition the director for a reconsideration and
hearing
(d) No person
shall reinstate storm drainage system access to premises suspended pursuant to
this section, without the prior approval of the director.
Sec. 61-63. Notification of
spills.
(a)
Notwithstanding other requirements of law, notification must be made as soon as
any person responsible for a facility or operation, or responsible for
emergency response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in prohibited
discharges into stormwater, the storm drainage system, or waters of the state.
Said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release.
(b) In the event
of a release of hazardous materials, a person responsible for a facility or
operation, or responsible for emergency response for a facility or operation
shall immediately, but no later than two hours after discovery of the release,
notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non-hazardous materials, said person
shall notify the director in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the director within three business days
of the phone notice. Such notification shall be in addition to any other
notification responsibility mandated by state or federal law.
(c) If the
discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain,
on-site, a written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years and be made
available to the director upon request.
Sec. 61-64. Notice of
violation.
Whenever the
director shall have determined that a violation of this article has occurred on
any premises within the city's corporate limits, he shall serve a written
notice of violation upon the owner or occupant having control thereof, or their
agent, to abate such violation. The notice of violation shall:
(1) Be in writing.
(2) State the nature of such violation and that such condition
constitutes a violation.
(3) Describe the premises where the violation is alleged to exist
or to have been committed.
(4) Specify a period of 15 days for the abatement of the
violation and that owner or occupant shall submit documentation of the
abatement to the director within that period.
(5) State that, unless such violation is abated without
unnecessary delay, it may be abated by the city and the costs of such abatement
may be specially assessed and shall be deemed a personal debt against the owner
and constitute a lien against the premises from which abated.
(6) State that failure, neglect or refusal to abate such
violation within 15 days specified renders the owner or occupant prosecutable
in municipal court, and, upon a finding of guilty, punishable by a fine of not
more than $500.00 or imprisonment of not more than 180 days, or by both such
fine and imprisonment. Each day of continuing violation shall be considered a
separate offense.
(7) Be served upon the owner or occupant of the premises by
delivery to him personally or by leaving such notice at his usual place of
abode with a member of the family over the age of 15 years, or by mail
addressed to the owner, occupant or agent. If a person to whom such notice is
addressed cannot be found after diligent effort to do so, service may be made
upon such person by posting the notice on or about the premises described in
the notice, or by causing such notice to be published in a newspaper of general
circulation. If the owner or occupant is a corporation, notice shall be served
upon an officer, a person in charge of any local business office, or its
registered agent or any other agent authorized by appointment or required by
law to receive service of process.
Sec. 61-65. Appeal of notice
of violation.
Any person
receiving a notice of violation may appeal the determination of director. The
notice of appeal must be received within ten days from the date of the notice
of violation in a form prescribed by the director. The director shall hold a
hearing on each duly filed appeal and decide whether to affirm, amend or
reverse the notice of violation appealed. The decision of the director or his
designee shall be final.
Sec. 61-66. Abatement.
If the violation
has not been corrected pursuant to the requirements set forth in the notice of
violation, or, in the event of an appeal, within 15 days of the decision of the
director, then representatives of director may take any and all measures
necessary to abate the violation and/or restore the premises.
Sec. 61-67. Cost of abatement
of the violation.
Within 60 days
after abatement of the violation by the city, the owner of the property will be
notified of the cost of abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the assessment within
15 days. If the amount due is not paid within a timely manner as determined by
the director or by the expiration of the time in which to file an appeal, the
charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment.
Sec. 61-68. Violations deemed
a public nuisance.
Any condition
caused or allowed to exist in violation of any of the provisions of this
article is a threat to public health, safety, and welfare, and is hereby declared
to constitute a nuisance.
Sec. 61-69. Penalty.
(a) Any person
convicted of a violation of this article shall be punished for that violation
by a fine of not less than $50.00 but not more than $500.00, or by imprisonment
of not more than 180 days, or by both such fine and imprisonment.
(b) Every day
that a violation continues shall be considered a separate offense.
Sec. 61-70. Remedies not
exclusive.
The remedies
listed in this article are not exclusive of any other remedies available under
any applicable federal, state or local law or in equity. The director has the
power to seek any available remedy, at his discretion.
Secs. 61-71—61-99. Reserved.
CHAPTER 61
- ARTICLE IV. - LEVEES
Sec. 61-100. Council may
establish levee districts.
Sec. 61-101. Director of water
services to devise system of levees.
Sec. 61-102. Director of water
services to supervise.
Sec. 61-103. Maintenance tax.
Sec. 61-104. Methods of payment;
special assessments.
Sec.
61-100. Council may establish levee districts.
The council may establish levee districts within the city
limits for the construction and maintenance of levees, dikes, drains and other
works therein, and roadways thereon and connected therewith, for the protection
of the lands within such levee districts from floods or overflow of waters, and
for the acquisition of lands, rights-of-way, easements and other rights
required by the city, by purchase, condemnation or otherwise.
Sec.
61-101. Director of water services to devise system of levees.
The director of water services shall have the power when any
such levee district has been established by the council, to devise a system of
levees, dikes, drains, roadways, and other works, for the protection from
floods or overflow, of lands within such levee district, and to select and
designate lands, easements and rights-of-way to be used and appropriated for
levees and other works necessary or convenient for the use of said district,
and recommend to the council the adoption of such system and the acquisition of
such lands and other rights and the construction of such works.
Sec.
61-102. Director of water services to supervise.
The construction of all improvements and all work done, of
every kind, under the authority of this article, shall be under the supervision
and direction of the director of water services, and the director of water
services shall have power to superintend, control and manage the operation and
maintenance of all such works and improvements as may be had or constructed.
Sec.
61-103. Maintenance tax.
The real estate, inclusive of improvements thereon
constituting a part thereof, in any levee district or districts, may be
specially assessed annually for maintaining and repairing any levees, dikes,
drains, roadways, or other works constructed therein or thereon, and such
assessments may be made according to valuation and assessment for taxation of
real estate in such levee district or districts made for general city purposes.
Real estate which is not listed on the assessment books used for taxation for
general city purposes, may by ordinance of the council be listed and valued by
the city for purposes of this section. Such annual assessments authorized by
this section shall never exceed in any one year one mill upon each dollar of
valuation as shown on such assessment books. Assessments under this section
shall constitute the same liens upon the real estate, and when delinquent shall
be subject to collection in the same manner, as provided for other public
improvement special assessment projects under state law, the City Charter, and
the Code of Ordinances.
Sec. 61-104.
Methods of payment; special assessments.
The
acquisition of lands, rights-of-way and other rights and the construction of
the works and improvements provided for or authorized in the foregoing sections
may be paid for in whole or in part out of the proceeds of bonds, the city's
general funds or other available funds, or in whole or in part from and by
special assessments upon real property, exclusive of improvements, located
within the city and within the district, as prescribed by ordinance, deemed
benefited by the proposed acquisition and construction of such improvements.
The method of assessment shall be established by ordinance. Assessments under
this section shall constitute the same liens upon the real estate, and when
delinquent shall be subject to collection in the same manner, as provided for
other public improvement special assessment projects under state law, the City
Charter, and the Code of Ordinances.
Chapter
78 - ARTICLE I. - IN GENERAL
Sec. 78-1. Reserved.
Sec. 78-2. Water service generally.
Sec. 78-3. Unauthorized use of
water or water system facilities.
Sec. 78-4. Water rates
established; collection of charges
Sec. 78-5. Residential meter rate.
Sec. 78-6. General meter rate.
Sec. 78-7. Metered service required;
exceptions.
Sec. 78-8. Fire protection rates.
Sec. 78-9. Temporary service rate.
Sec. 78-10. Suburban meter rate.
Sec. 78-11. Meter reading and
billing generally.
Sec. 78-12. Bills for metered
water service.
Sec. 78-13. Inclusion of sewer
service and stormwater fee charges on water bill.
Sec. 78-14. Late payment service
charge for delinquent bills.
Sec. 78-14.1. Suit additional to
other remedies.
Sec. 78-15. Termination of
service for failure to pay charges.
Sec. 78-15.1. Property owner
liability for water and sewer services; delinquent charges; liens.
Sec. 78-16. Charges for
termination and restoration of service.
Sec. 78-17. Billing for services
under fire protection rate.
Sec. 78-18. Bills for temporary service.
Sec. 78-19. Charge for water
temporarily unmetered.
Sec. 78-20. Bill payment guarantees.
Sec. 78-21. Service connections to mains.
Sec. 78-22. Water service maintenance.
Sec. 78-23. Water service disconnection.
Sec. 78-24. Water meters generally.
Sec. 78-25. Water meter settings.
Sec. 78-26. Tests and
inspections of water meters.
Sec. 78-27. Sealing of water meters.
Sec. 78-28. Water department
price schedules; permits for work on water service.
Sec. 78-29. Right of access of
employees of water department.
Sec. 78-30. Grounds for discontinuance of service.
Sec. 78-31. Water hydrants.
Sec. 78-32. Furnishing of water to city departments.
Sec. 78-33. Tampering with
mains, hydrants or appurtenances; obstruction of hydrants.
Sec. 78-34. Obstructing use of
public drinking fountain.
Sec. 78-35. Authority to
prescribe additional rules and regulations.
Sec. 78-36. Penalty.
Secs. 78-37—78-60. Reserved.
Sec.
78-1. Reserved.
Sec.
78-2. Water service generally.
(a) Availability. Water may be taken by any
applicant for a license to use water, upon approval by the water services
department, who shall first and at all times thereafter comply with the rules
and regulations of the water services department and with all ordinances of the
city relating in any way to the purchase of water and to facilities and
conditions related to its use, and who shall pay for such water according to
the established rates.
(b) Notice to initiate, discontinue or transfer
service. All notices to the city's water services department to initiate,
discontinue or transfer service shall be in writing. The city will attempt to
act on oral orders taken in person or over the telephone by an employee of the
water services department, but assumes no liability for failure to act on the
oral orders.
Sec.
78-3. Unauthorized use of water or water system facilities.
No person shall use water from any part of the waterworks
system without a license, permit or other authority from the water services
department, or shall restore service from any water service or from any fire
hydrant when the service therefrom has been discontinued by the water services
department. No person, except a licensed master plumber as defined by the city
building code in the proper exercise of authority granted by the rules and
regulations described in section 78-35, shall cause water to be turned on or
turned off from any water service or fire hydrant or any other part of the
waterworks system. This shall not apply to the use of fire hydrants by the
employees of the fire department and other city departments in the proper
exercise of their duties.
Sec.
78-4. Water rates established; collection of charges
Rates for water purchased from the city waterworks system are
hereby established, and the director of the water services department is hereby
directed and empowered to charge and collect on behalf of the city for water so
purchased in accordance with the provisions of the article. Final bill balances
under $25.00 may not be collected.
Sec.
78-5. Residential meter rate.
For all water purchased for use within the city by any
residential accountholder, whether owner or occupant (also referred to in this
Chapter as "customer" or "consumer"), a total charge,
consisting of the sum of a service charge and a commodity charge, shall be
computed monthly for each billing period, as prescribed under the general meter
rate stated in section 78-6.
Sec.
78-6. General meter rate.
For all water purchased for use wholly and exclusively within
the city by any accountholder the total charge shall be the sum of the service
charge and the commodity charge as follows:
(a) Service charge. The service charge is a charge per meter or
service connection, to cover, in part, the cost of meter reading, meter
maintenance, billing, collecting, accounting services, system availability and
readiness to serve the customer, and shall be prorated per day during the
billing period and shall apply whether or not any water is used; the service
charge shall be based on meter size and billing frequency as follows:
Meter Size
|
(inches)
|
Billed
Monthly
|
|
5/8
|
$ 10.85
|
|
¾
|
11.70
|
|
1
|
14.30
|
|
1½
|
17.80
|
|
2
|
27.40
|
|
3
|
93.50
|
|
4
|
118.00
|
|
6
|
176.00
|
|
8
|
254.00
|
|
10
|
333.00
|
|
12
|
393.00
|
(b) Commodity charge. The commodity charge
shall be based on the total volume of water purchased by the accountholder as
shown by all water meters connected to one or more water systems serving
contiguous properties of the accountholder, where such properties are managed
as a single enterprise that is not separated by a public thoroughfare, and
shall be as follows per month for metered water:
(1) Ordinary commodity charge.
First 600 cubic feet at $3.67 per 100 cubic feet
Next 4,400 cubic feet at $4.08 per 100 cubic feet
Next 995,000 cubic feet at $3.19 per 100 cubic feet
Over 1,000,000 cubic feet at $2.25 per 100 cubic feet
(2) Seasonal off-peak commodity charges.
For industrial customers with peak demand in the winter season:
All usage at $2.34 per 100 cubic feet;
The Director of Water Services is hereby authorized to promulgate
regulations to be used for determining the applicability of this subsection.
(c) Manual meter reading charge. The service
charges set out in this Chapter assume use of the city's automatic meter
reading system. In cases where the automatic meter reading system could not be
installed due to action or inaction on the accountholder's part, including lack
of access to meter, improper meter setting, accountholder refusal, or other
reasons, a charge of $16.00 for manual meter reading will be applied each time
that a meter is to be read.
(d) Definitions (as used in this section).
(1) Residential accountholders shall refer to
all one- and two-family dwelling water service accounts
(2) Commercial and industrial customers shall
refer to all water service accounts other than one- and two-family dwellings.
(3) "Month" or "monthly"
shall refer to a time period of 30 days.
Sec.
78-7. Metered service required; exceptions.
All water service shall be through metered water service,
except as provided in sections 78-8 and 78-9.
Sec.
78-8. Fire protection rates.
(a) The rate for an unmetered water service connection to hydrants, hose
connection or sprinkling systems purchased and used solely and exclusively for
fire protection purposes, including all water used for fire protection shall be
as follows:
|
Size of
Connection
|
Rate Per
Annum
|
|
4-inch and
less
|
$ 91.00
|
|
6-inch
|
268.00
|
|
8-inch
|
572.00
|
|
10-inch.
|
1028.00
|
|
12-inch
|
1662.00
|
|
16-inch
|
3541.00
|
(b) The size, location and arrangement of any fire protection services
are subject to the approval of the director of the water services department.
(c) All meters, valves and hydrants controlling or
in connection with such fire protection services shall be sealed by the water
services department. A fee of $150.00 shall be charged for each meter, valve or
hydrant requiring resealing in the absence of evidence that the meter, valve or
hydrant seal was broken in operation against a fire or in operations pursuant
to system testing by a fire underwriting agency and properly certified by such
testing agency.
(d) Direct connections between the fire protection and
drain piping on all premises are not permitted, and drawings which show the
location of all fire protection piping may be required by the water services
department. The repeated, unauthorized breakage of seals on any premises may be
taken as evidence that water is being used without authorization; and in such
case the water services department may require the installation of a meter
designed for fire protection and assess charges therefore in accordance with
section 78-6
(e) Fire protection services shall be billed to the
owner of record of the real property.
Sec.
78-9. Temporary service rate.
There shall be a temporary service rate for unmetered water
for temporary purposes as follows:
(1) Swimming pools. The service fee
for filling swimming pools shall be $425.00 plus payment of the commodity
charge for the water used to fill the pool. In addition, a deposit shall be
required for the hydrant meter assembly.
(2) Other temporary purposes. For
water purchased and delivered through a metered service or connection or fire
hydrant for other purposes of a temporary nature, the charges therefore and the
manner in which the service is to be rendered shall be prescribed for each
service contract by the director of the water services department. Such charges
shall conform generally to the cost of water as fixed by the applicable meter
rate, plus the cost of any labor or materials required to render the temporary
service.
Sec.
78-10. Suburban meter rate.
(a) For any and all water purchased wholly or
partially for use outside the city by any customer, a total charge consisting
of a service charge, a commodity charge, a re-pumping charge where applicable,
shall be computed for each billing period and shall be as follows:
(1) Service charge. A service charge,
prorated per day during the billing period based on meter size, with such
charge to be applied whether or not any water is used, shall be charged as
follows:
Meter Size
|
(inches)
|
Billed
Monthly
|
|
5/8
|
$ 12.10
|
|
¾
|
13.05
|
|
1
|
15.95
|
|
1½
|
19.80
|
|
2
|
30.40
|
|
3
|
96.00
|
|
4
|
121.50
|
|
6
|
181.00
|
|
8
|
260.00
|
|
10
|
348.00
|
|
12
|
409.00
|
The service
charges as established in this subsection may be superseded by any contract
between the city and any other public water supply which provides for an
interchange agreement.
(b) Commodity charge. A commodity charge per month, based on the total
volume of water purchased by the customer as shown by all water meters
connected to one or more water systems serving the customer’s premises, shall
be charged as follows:
(1) Retail customers. For customers
purchasing water for use wholly by the customer:
First 5,000 cubic feet at $3.45 per 100 cubic feet
Over 5,000 cubic feet at $3.07 per 100 cubic feet
(2) Wholesale customers. For customers
purchasing water for resale:
Unrestricted $1.95 per hundred cubic feet
Restricted $1.89 per hundred cubic feet
Wholesale Customers shall be classified as restricted or unrestricted
based on water supply contract terms between the city and other contracting
entity.
(c) Repumping charge. A repumping charge
based on the quantity of purchased water repumped shall be charged to wholesale
suburban customers only as follows:
(1) From the pumping station at 75th and
Holmes Street; from the pumping station at Highway AA near the Village of
Waukomis in Platte County, Missouri; from the Blue Ridge Pumping Station at
67th Street and Blue Ridge Boulevard; from the pumping station at Englewood
Road and North Oak Trafficway; from Arrowhead Pumping Station at NE 75th and
Arrowhead Trafficway, and from the South Terminal Pump Station at Ward Road and
Persells, per 100 cubic feet, $0.18.
(2) From the pumping station at 131st Street
and Prospect Avenue; from the High Grove Road Pumping Station, and from the
Platte County Booster Pump Station at Camden Point Highway E and Interurban
Road, per 100 cubic feet, $0.25.
(d) Definition. The term Month or Monthly, as
used in this section shall refer to a time period of 30 days.
(e) Applicability. Rates set forth in this
section may not be applicable where such rates are established by existing or
future contracts.
Sec.
78-11. Meter reading and billing generally.
(a) Water meters serving premises having monthly
water consumption averaging less than 50,000 cubic feet of water per month, or
when estimated by the director of the water services department to approximate
that figure, may be read and bills for services may be rendered monthly,
bimonthly or quarterly, at the discretion of the director.
(b) Water meters serving all other premises shall be
read and bills for services shall be rendered monthly.
Sec.
78-12. Bills for metered water service.
Bills for metered water service shall be mailed to the
accountholder. The bill shall include:
(1) The meter readings showing the amount of
water used and its cost;
(2) The last meter reading date and days of
service;
(3) All bills are due and payable on the
billing date; and
(4) The delinquent date, which shall be not
less than ten days after the billing date.
Sec.
78-13. Inclusion of sewer service and stormwater fee charges on water bill.
All charges for sanitary sewer service shall be included on
the water bill. Stormwater fee charges may be included on the water bill, or
may be billed separately. The delinquent date for sanitary sewer service and
stormwater fee charges shall be the same as for the water bill.
Sec.
78-14. Late payment service charge for delinquent bills.
A late payment service charge in the amount of five percent
of the amount of the unpaid delinquent balance shall be applied to all metered
water service, sanitary sewer service and stormwater fee bills remaining unpaid
after the delinquent date. The director of water services may waive or adjust
late payment service charges for a party that enters into an agreement with the
city for the payment of unpaid water, sanitary sewer and stormwater charges.
Sec.
78-14.1. Suit additional to other remedies.
(a) In addition to any and all remedies provided in
the Charter and this chapter, the city shall have the power to enforce the
collection of unpaid water, sanitary sewer and stormwater charges, with all
interest, costs and penalties thereon, by suit brought in the name of the city
in any court of competent jurisdiction.
(b) Ten percent of the amount of the judgment shall
be added as attorney's fees in every proceeding for the collection of
delinquent charges under this chapter, to be added and collected in the same
manner as other costs in the case.
Sec.
78-15. Termination of service for failure to pay charges.
Water
service, sanitary sewer service or combined water and sanitary sewer service
shall be subject to termination without further notice if a bill for any or all
of the above services remains unpaid 20 days after the delinquent date.
However, the director of water services may order termination at any time upon
a specific finding that payment for continued service is unlikely to be
received. Any partial payment received may be applied proportionally to each of
the applicable water service, sanitary sewer service and stormwater service
accounts.
Sec. 78-15.1. Property
owner liability for water and sewer services; delinquent
charges; liens.
(a) Water and sanitary sewer services shall be deemed to be furnished to
both the occupant and the owner of the premises receiving either or both of
such services.
(b) Any delinquent charges shall be chargeable
against any deposit held by the water services department for service to such
premise.
(c) Any charges for metered water service pursuant
to this chapter, for sanitary sewer service pursuant to chapter 60 or for
stormwater fee pursuant to chapter 61, shall, if not paid by the due date,
become delinquent and shall bear interest from the date of delinquency until
paid. To the extent authorized by State statute, delinquent charges shall be a
lien upon the land so charged for such service, services or fee, upon the
filing of a notice of delinquency with the recorder of deeds in the county
where the land is situated. The lien hereby created may be enforced by suit or
foreclosure.
(d) The director of water services is authorized to
file, on behalf of the city, the notice of delinquency as provided in
subsection (c) of this section, subject to the following limitations:
(1) For one- and two-family residences, if
the account is three months delinquent or the total amount of such delinquency
is $500.00 or more;
(2) For all other service classifications, if
the account is three or more months delinquent, or the total amount of such
delinquency is $1,000.00 or more.
(3) The limitations provided by this
subsection shall not prohibit the director of water services, or the council,
from pursuing other remedies provided by statute or ordinance.
(e) Upon the written request of any owner whose land
has become subject to a lien as provided in subsection (c) of this section,
within 30 days of the filing of such lien, the director of the water services
department shall hold a hearing to ascertain all facts in the matter. The owner
requesting such hearing shall be entitled to all rights applicable to a
contested case under state administrative review and procedure law. The
director shall prepare written findings and conclusions determining whether the
amount of the charges was properly computed, whether such charges were
delinquent, or whether the lien should be removed or released for any factual
or legal reason. If, after hearing, the director finds and concludes that the
lien should be removed or released, the director shall take any necessary
action to remove or release the lien from the property. The owner of such land
must pay in advance a $75.00 fee, to cover in part the cost of hearing the
case, and preparing the written response. If upon finding that the lien should
be removed or released the fee should be returned or refunded to the property
owner requesting the hearing.
Sec.
78-16. Charges for termination and restoration of service.
(a) The following charges shall be made for the
termination of service after failure to pay for water service, after failure to
have the meter readily accessible for reading on the regularly scheduled route
on more than two successive occasions, after receipt of an accountholder
request for termination, or for any of the grounds set forth in Section 78-30
Termination of service $100.00
Termination of service when the service was not established as authorized
by the Code of Ordinances 200.00
Termination of service when the service has been restored but not by the
water services department 200.00.
For each subsequent termination of service when the service has been
restored but not by the water department 500.00.
The term "termination of service" shall not be construed to
mean an immediate transfer of service from one accountholder to a subsequent
accountholder.
(b) Upon finding that water service, sanitary sewer
service or combined water and sanitary sewer service has been established for a
location in a manner not authorized by this Code of Ordinances, the director of
water services is authorized to take appropriate action, including removal of
taps to the water or sewer main, to ensure termination of service. The
following charge shall be made for restoration or establishment of service
under such circumstances:
Restoration of terminated service after the water services department has
removed a meter or a tap to the main 550.00
Sec.
78-17. Billing for services under fire protection rate.
Water consumers served under the fire protection rate shall
be billed annually in advance for this service. These bills shall be due within
15 days and delinquent 15 days after the due date. The service to premises
having delinquent bills for service under these rates may be discontinued
without further notice.
Sec.
78-18. Bills for temporary service.
Contracts for service under the temporary service rate for
water delivered through a metered or unmetered service or hydrant connection
for purposes of a temporary nature shall be accompanied by a cash deposit, and
the accountholder shall make such additional cash deposits as required to
maintain the deposit in excess of the estimated cost of the service to be
rendered. When a temporary service contract is terminated, the director of the
water services department shall refund the amount remaining on deposit after
all charges for service have been deducted, including any charges for the
repair or servicing of the hydrant or other city property.
Sec.
78-19. Charge for water temporarily unmetered.
The director of water services will promulgate rules for back
billing consumers when there were problems with the meter, a meter was missing
or other difficulties with the metering equipment.
Sec.
78-20. Bill payment guarantees.
(a) Required amount. The director of the
water services department is authorized and directed to require each
accountholder, before taking water under the general meter rate, the suburban
water rate (except as provided for in water purchase contracts) and the fire
protection rate, to make a cash deposit against which the water services
department may charge any unpaid bills for the following: water service; meter,
hydrant or valve resealing; termination of service; meter repair; sanitary and
stormwater sewer service; or other authorized charges. For customers estimated
to use less than 1,000 cubic feet per month, the deposit shall be $70.00. For
customers estimated to use more than 1,000 cubic feet per month, the deposit
shall be not less than the estimated cost of water and sewer service for two
billing periods. Either interest shall be paid on cash deposits as required by
state statute or deposits held by the director of the water services department
shall be refunded after two years.
(b) Additional deposit. An additional deposit
above the amount required by subsection (a) of this section, not to exceed the
estimated cost of four months' water, sanitary and stormwater sewer service,
may be required by the director of the water services department for any
customer whose account reflects a history of repeated delinquencies. Failure to
provide the additional deposit authorized in this subsection shall constitute
grounds for discontinuance of water service.
(c) Refund; waiver of deposit. All bill
payment guarantees taken shall be held for at least two years or until the
account is terminated. The director of the water services department may waive
deposits on additional accounts for an existing accountholder with known good
credit. In cases where an accountholder has multiple properties or is between
tenants, the deposit may be waived when the accountholder credit rating is
good.
(d) Transfer of service. When an accountholder
transfers service from one location to another, the director of the water
services department may waive any additional deposit.
(e) Termination of service. When a contract
for water service is terminated, the director of the water services department
shall apply the deposit against any unpaid bills associated with the contract,
and if the amount is $10.00 or more, shall refund the remainder of the deposit
to the depositor. Refunds in an amount under $10.00 will be made only upon written
request of the customer.
(f) Bond in lieu of cash deposit. In lieu of
a cash deposit, the director of water services department may accept, as a bill
payment guarantee, a corporate surety bond by a surety company authorized to do
business in the state, in the amount of the deposit required but not less than
$1,000.00. Such surety bond shall be subject to the approvals of the city
attorney as to form and legality; of the director of the water services
department as to the amount, terms and conditions of the bond; and of the
director of finance as to the qualifications of the surety. The surety bond
shall be filed with and kept by the director of the water services department.
(g) Commercial accounts. In addition to any
bill payment guarantee, all commercial accounts shall enter into and execute a
contract for service, on a form provided by the water services department,
specifying the parties responsible for payment. These parties shall remain
responsible for all water used until notification is received in writing of the
date service is to be terminated.
Sec.
78-21. Service connections to mains.
(a) Payment of costs. The cost of water
service connections from the accountholder premises to the water services
department's mains shall be borne by the owner of the premises, including the
main taps or other means of connections at the main, in accordance with the
charges and other provisions for such work set forth in section 78-28 and other
applicable rules and regulations.
(b) Permit required; persons authorized to do
work. Water services shall not be installed except by permit issued by the
water services department on the basis of an application for such permit made
by the owner of the premises to be served or an authorized agent. The
application shall show the name of the owner, the name of the licensed master
plumber who is to install the service, the legal description and the street
location of the premises to be served, and the sizes and dimensioned location
of the proposed water services. All work or water services not done by city
employees shall be done by licensed master plumbers as defined by the city
building code, except that a licensed building wrecker may obtain a water
services department permit to disconnect water service at a structure to be
wrecked, and then disconnect the water service line serving such structure
being wrecked from the main, subject to water services department inspection of
the manner, method and quality of the disconnection, which shall conform to the
requirements of the water services department.
(c) Expiration of permits. Every permit
issued by the water services department under the provisions of this code shall
expire by limitation and become null and void if the work authorized by such
permit is not commenced within 180 days from the date of such permit, or, if
the work authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such work,
provided no changes have been made or will be made in the original construction
documents for such work, and provided further that any suspension or abandonment
has not exceeded one year. A permit may be extended by the water services
department for a period not to exceed six months upon written request from the
permittee showing that circumstances beyond the control of the permittee have
prevented action from being taken.
Sec.
78-22. Water service maintenance.
(a) Responsibility for maintenance. The owner
of the premises served shall maintain the water service against leakage from
but not including the curbstop or first shutoff valve to the premises served. All
such maintenance of services shall be done by licensed master plumbers as
defined by the building code under a water service permit issued by the water
services department. The water services department shall maintain the service
from the main to and including the curbstop and curb box or first shutoff valve
and the valve box. All meter tiles and pits are the property of the owner of
the premises and shall be maintained by the owner.
(b) Repairs. In case a water service is found
to be leaking on the owner's side of the curbstop or first shutoff valve, the
owner of the premises served may be required, on five days' notice, or in a
shorter time if public safety or welfare is affected, to have the service
repaired. If the repairs are not made in the time prescribed in the notice, the
water services department may stop the loss of water by discontinuance of
service. Service shall be restored in such case only after the repairs have
been made and the charges for work done by the water services department have been
assumed by the owner or occupant of the premises served, or an authorized
agent.
Sec.
78-23. Water service disconnection.
(a) Disconnection when building razed or moved.
If a building is razed or moved, the water service to the premises shall be disconnected
at the main. The responsibility and expense for such disconnection shall rest
with the owner of the land upon which the building is located.
(b) Disconnection for unauthorized use of water.
The water services department is hereby authorized to disconnect a water
service at the main if deemed necessary to prevent the unauthorized use of
water, in which case the owner of the property served by the connection shall
reimburse the water services department for the expense of the disconnection.
(c) Reuse of service. In those cases where a
building is razed or moved, a copper, cast iron or ductile iron service to a
property may remain connected to the main for a period of one year on the
authority of the director of the water services department and subject to his
approval of the written application of the property owner indicating that the
service will be used again within one year and also providing that the property
owner place a cash deposit with the water department equivalent to the cost to
disconnect the service line at the main. The deposit shall be refunded if the
service line is reused. If the
service line is not reused in the time period provided, the deposit shall
be used to pay the cost of disconnecting the service line from the main.
(d) Reconnection. Services disconnected from
the main may be reconnected to the main, subject to pertinent rules and
regulations of the water services department, provided a permit for such
reconnection is obtained and such reconnection shall be made solely at the
expense of the owner of the premises serviced.
(e) Other service disconnections. A water
service connection to premises not having a contract for water service may be
disconnected at the main by the water services department, and the cost of the
disconnection billed to the owner of the premises, if:
(1) The service line has not been used under
a water service contract for one year; or
(2) There is a leak on a service to a vacant
building, dwelling or property in those situations where public safety or
welfare may be affected.
Sec.
78-24. Water meters generally.
(a) Ownership; installation. All water meters
installed for original service for any premises shall be city owned meters
installed and connected at the expense of the owner of the premise served. The
connection charge shall be based on the current price of the meter installed
and related appurtenances plus the current cost of such setting. Appurtenances
include but are not limited to all components necessary for the reading and
transmission of water usage.
(b) Maintenance and replacement. All water
meters shall be maintained and replaced in accordance with section 78-25
(c) Authority of water services department.
The water services department may purchase meters for resale to prospective
consumers and may prescribe conditions under which meters may be purchased
elsewhere for installation on services connected to water services department
mains.
(d) Determination of consumption when remote
register does not operate properly. If the remote register or other outside
reading device does not operate properly, the reading on the actual meter
located inside the premises shall determine the consumption on which the water
and sewer commodity charges are computed.
Sec.
78-25. Water meter settings.
Water meter settings shall allow free and
nonhazardous access to the meter for reading, removal, inspection or
replacement, and shall be subject to the approval of the director of the water
services department. All meters shall be set by the water department and
charges therefor shall be assessed against the owner of the premises served as
provided in section 78-28. Meters shall be set after a payment has been made to
the director of the water services department to cover the cost of connection
charge based upon size of meter. Meters larger than one inch may be purchased
by the owner in accordance with water services department specifications and the
connection charge will be adjusted according to the current published list of
meter charges as maintained by the water services department. If the meter is
purchased by the owner it shall become the property of the city upon
installation, and the maintenance and replacement of the meter shall become the
responsibility of the water services department under normal operating
conditions. The acceptance of the title or of the care of the water meter by
the water services department as provided in this section or on city meters set
under the connection charge shall not, however, relieve the accountholder of
the responsibility for loss of meter, improper setting, heat damage, freezing,
vandalism or consumer fault or negligence.
Sec.
78-26. Tests and inspections of water meters.
(a) Authority of city; payment of costs. The
water services department shall cause water meters to be removed from service
for test and inspection at such intervals as required to promote the accuracy
of their registration. The cost of such removal, test, inspection, repairs and
replacement shall be borne by the city.
(b) Test at consumer's request. The removal
of a water meter for test and inspection may be requested by the accountholder
served by the meter. If a meter so removed by accountholder order is found by
tests to be over-registering the water metered by more than two percent, the
cost of removal, test and replacement shall be borne by the water services
department; otherwise, the cost thereof shall be borne by the accountholder.
Sec.
78-27. Sealing of water meters.
Water meters, when set, will be sealed in position
and against access to the dials or mechanism. These seals shall be broken only
by employees of the water services department in the proper exercise of their
duties or by a licensed master plumber as defined in the building code. A
charge of $165.00 shall be made for the replacement on any meter of a seal that
has been broken in any other manner.
Sec.
78-28. Water department price schedules; permits for work on water service.
(a) Price schedules. The director of the
water services department is hereby empowered and directed to prepare and
maintain a schedule of prices governing the connection charge, sale, removal,
test, repair and replacement of water meters; sale and operation of fire
hydrants; and tapping charges. A copy shall be available for public inspection
at the water services department director's office at any reasonable time.
(b) Permit required for installation or
maintenance of services. Water services shall not be installed or
maintained except by permit issued by the water services department on the
basis of an application for such permit made by the owner of the premises or
his authorized agent as provided under sections 78-21 and 78-22
(c) Types of permit; permit fee. The director
is hereby authorized to issue the following kinds of permits and to charge
$82.50 per each such permit, where:
(1) Taps are to be made and new services are
to be installed.
(2) An existing service is to be altered,
extended, renewed or repaired from the first valve to the building improvement
or fixtures, or appurtenances added thereto or detached therefrom.
(3) An existing service is to be abandoned
and replaced with a single larger service that requires a larger tap.
(4) An existing service is disconnected at
the main or is otherwise abandoned.
(d) Duplicate permits. Whenever the original
permit is lost, a duplicate permit must be secured. A charge of $10.00 will be
made for the issuance of a duplicate permit.
(e) Permit controls. Water service permits
shall be issued and controlled in accordance with water services department
rules and regulations.
(f) Plan review. The director is hereby
authorized to establish the following fees and charges for water service plan
reviews:
(1) A fee of $100.00 for water service plan
reviews involving no more than ten service connections.
(2) For water service plan reviews involving
more than ten service connections, an additional charge of $11.00 for each
connection greater than the ten connections included in the charge referenced
in subsection (f)(1).
(3) A charge of $60.00 if plans are rejected
and must be resubmitted for review due to deficiencies in the original plan.
Sec.
78-29. Right of access of employees of water department.
Any employee of the water services department in the
proper exercise of his duties shall have access at all reasonable hours to any
premises served with water, and such access shall include the right to read,
remove and replace meters, to inspect, make or correct meter installations and
to make such inspections or tests as are necessary to determine if water
department rules and regulations are being violated or if water is being wasted
or is being used improperly or without permit or license.
Sec.
78-30. Grounds for discontinuance of service.
The water services department may discontinue service
to any accountholder for any one of the following reasons:
(1) Failure to pay a water service, meter,
hydrant or valve resealing, restoration of service or meter repair bill within
the time specified in sections 78-11 through 78-18
(2) Failure to maintain an adequate cash
deposit or a satisfactory bond guaranteeing the resealing, restoration of
service, or meter repair payment or water service, meter, hydrant or valve
bills as required in section 78-20
(3) Failure to obtain a permit from the
director of city planning and development to do plumbing work on premises
taking water service as required in the building code or failure to obtain a
permit from the water services department to repair or install a water service
as required by the water services department's rules and regulations.
(4) Any waste of water or unnecessary or
unlicensed use of water.
(5) Unapproved cross connection of water
facilities with any other source of water supply.
(6) Vacation of the property served without
notice to the water services department.
(7) Failure to provide free and nonhazardous
access to the meter for reading, removal, inspection or replacement.
(8) Failure to provide free access to
premises for the purpose of determining whether water is used for refrigeration
or air conditioning, and, if so, of obtaining a description of the equipment
installed or used for such purpose.
(9) Failure to maintain an approved meter
setting.
(10) Failure to provide a replacement for a
privately owned water meter condemned by the water services department as unfit
for further service, or a water services department-owned water meter stolen or
destroyed while in service on the premises.
(11) Violation of any of the water services
department's rules and regulations.
(12) Any act that would make it possible for
the water services department to be defrauded thereby.
(13) Violations of chapter 60, article IV of
this Code, as specifically provided in sections 60-186 and 60-188
(14) Upon certification by the director of
neighborhood and community services, as provided in chapter 48 of this Code,
that discontinuation of service is necessary to abate a nuisance as defined in
chapter 48 of this Code.
(15) Pursuant to an agreement with a sewer
provider for non-payment of a sewer bill.
Sec.
78-31. Water hydrants.
(a) Use generally; permit for use. Water
hydrants shall be operated only by the employees of the fire department and of
the water services department in the proper exercise of their duties, except
that the water services department may issue permits allowing the use of
hydrants by other persons or other departments of the city. Such permits shall
be issued by the director of the water services department subject to the
approval of the director of the water services department. The permit shall
state the basis of charge according to the applicable ordinance for water
service and the conditions under which the hydrants may be operated. Such
permit shall be cancelable on immediate notice to the holder thereof by the
director of the water services department.
(b) Key required. Hydrants shall be operated
only with hydrant keys obtained through the water services department and
properly identified by number. A deposit of $100.00 shall be made for each
hydrant key.
(c) Violations. It shall be unlawful for any
person other than as provided in this section to operate a water hydrant
without first obtaining a permit provided for in this section. Any person so
operating a water hydrant without such permit or who violates any of the
conditions of the permit shall be deemed in violation of this section, and upon
conviction thereof shall be fined not less than $100.00 and not more than
$500.00 for each offense, and each day of the continuance of such offense shall
constitute a separate offense.
Sec.
78-32. Furnishing of water to city departments.
(a) Generally; charges. Water shall be
furnished to departments and offices of the city other than the water services
department, for use in the service of city-owned or city-operated buildings,
parks, swimming pools, other pools, fountains or other public properties.
Absent a written agreement to the contrary which recites adequate
consideration, water so furnished shall be subject to all charges for water and
water service that are applicable to commercial and industrial water users.
(b) Conditions. Operations of the city for such
uses shall guard against leakage or other wastage of water. The director of the
water services department may require the city department in charge of any city
property using water to install water meters to measure the quantity of water
used when he deems it necessary, and shall require that a meter be installed
for all accounts using or estimated to use more than 5,000 cubic feet of water
during any one month of the year.
(c) Installation of meters. Such meters and their settings shall
be subject to the approval of the director of the water services department,
and all costs of such meters and their installation shall be borne by the city
department served. When the director of the water services department deems it
necessary that a meter be installed to accurately measure the volume of water
used to serve any city property, he is hereby authorized to have the necessary
meters installed and to include the cost of the meters and their installation
as a part of the next regular water bill issued to the department responsible
for the operation of the city property in question.
Sec. 78-33.
Tampering with mains, hydrants or appurtenances; obstruction of
hydrants.
It shall be unlawful for any person to expose or make any attachments to
water mains, hydrants or appurtenances except with the knowledge and consent of
the water services department, and no person shall cause access to a fire
hydrant to be obstructed by debris, building material or other means.
Sec.
78-34. Obstructing use of public drinking fountain.
No person shall obstruct the public use of any public
drinking fountain.
Sec.
78-35. Authority to prescribe additional rules and regulations.
The director of the water services department, in the
exercise of the power conferred on him by this chapter to manage, maintain,
control and operate the waterworks system and properties, is hereby empowered
to prescribe rules and regulations governing the specifications for water
services connected to water services department mains, the conditions under
which service connections to mains are to be made, the conditions which are
required for a satisfactory meter setting, the conditions whereby service will
be disconnected to provide for changes in plumbing on the accountholder
premises or for private main extensions, and other similar matters affecting
the operation of the water services department not covered by ordinance of the
city council. Copies of such rules and regulations shall be printed and shall
be made available without cost to all licensed master plumbers and upon request
to water accountholder or other interested parties.
Sec.
78-36. Penalty.
Any person who shall violate any provisions or fail
to comply with any requirement of this article or of article II, division 2, of
this chapter shall, on conviction thereof, where no specific penalty is
provided, be subject to punishment as provided in section 1-17 for each
offense.
Secs.
78-37—78-60. - Reserved.
CHAPTER 78
- ARTICLE II. - MAINS
DIVISION 1. GENERALLY
DIVISION 2. EXTENSIONS
DIVISION 3. RELOCATIONS
DIVISION 1.
- GENERALLY
Secs. 78-61—78-90. Reserved.
Secs.
78-61—78-90. - Reserved.
DIVISION 2. - EXTENSIONS
Sec. 78-91. Execution of
contracts.
Sec. 78-92. Sizes of mains;
spacing of hydrants.
Sec. 78-93. Manner of
construction; basis of charges for work done by city.
Sec. 78-94. Bonds and insurance
when extension constructed by applicant.
Sec. 78-95. Preparation of plans
by applicant's engineer.
Sec. 78-96. Preparation of plans
by water services department.
Sec. 78-97. Deposit of estimated
costs when extension constructed by city—required; amount.
Sec. 78-98. Same—Refund of
excess deposit; additional deposit.
Sec. 78-99. Control and
ownership of extensions.
Sec. 78-100. Time limit for
commencing and completing work.
Sec. 78-101. Contract provision
regarding refunds.
Sec. 78-102. Certification of
available funds required for reimbursement for oversize mains.
Sec. 78-103. Right of city to
deny connection until costs of project have been paid.
Secs. 78-104—78-130. Reserved.
Sec.
78-91. Execution of contracts.
The director of the water services department is
hereby authorized to execute contracts for water main extensions, which involve
no refunds for connections thereto, as prescribed in this division.
Sec.
78-92. Sizes of mains; spacing of hydrants.
(a) Water main extensions shall include no mains
smaller than six inches in size, and hydrants shall be spaced according to the
then existing design criteria of the water services department; provided,
however, that the director of the water services department may require:
(1) The use of eight-inch or 12-inch mains in
lieu of six-inch mains, if in the Directors best judgment the eight-inch or
12-inch main is necessary for the best interests of the city;
(2) The use of mains larger than 12 inches,
in which case the city shall bear the difference between the estimated cost of
the larger main and a 12-inch main, unless in the judgment of the director of
the water services department such larger main is required or needed by the
applicant for such water main extension; or
(3) The use of six-inch, eight-inch, 12-inch,
or larger mains in areas where existing mains need to be improved in order to
improve the fire protection and continuity of the water system, or is required
or needed by the applicant for the adjoining main extension.
(b) The main extension shall include as an integral
part thereof installation of such outlet on the existing city-owned main as may
be required to permit connection of the main extension to the existing system
of the city.
Sec.
78-93. Manner of construction; basis of charges for work done by city.
All water main extensions shall be constructed by the
applicant for the water main extension; provided, however, that the director of
the water services department, in the director's discretion, and if in the
director's judgment circumstances so warrant, may arrange for the extension to
be constructed by the city, by contract awarded on the basis of competitive
bids or by force account, using city employees and equipment owned or rented by
the city, or by any combination of such methods. The basis of charges for
labor,
materials or equipment for force account work done by the city shall be
consistent with that used in the allocation of similar charges for other work
done by the city.
Sec.
78-94. Bonds and insurance when extension constructed by applicant.
(a) Bonds. If the water main extension is
constructed by the applicant, the applicant or the applicants agent, servant or
employee, independent contractor, or such other persons, firm, partnership,
corporation or association by whom such work is to be performed, shall file
with the water services department:
(1) A performance and maintenance bond in an
amount equal to the estimated total cost of the project, conditioned that such
work will be done in accordance with the water services department's standard
specifications and guaranteeing the work and maintenance of trenches for a
period of three years from the date of acceptance, by the water services
department, of the work; and
(2) A payment bond in an amount equal to the
total estimated cost of the project, that shall be conditioned for the payment
of any and all materials, incorporated, consumed or used in connection with the
construction of such work, and all insurance premiums, both for compensation,
and for all other kinds of insurance, said work, and for all labor performed in
such work whether by subcontractor or otherwise.
(b) Insurance. Before commencing work upon
such project, the applicant or his agent, servant or employee, independent
contractor, or such other persons, firm, partnership, corporation or
association by whom such work is to be performed, shall also file with the
water services department a certificate of public liability insurance in favor
of the city, conditioned to protect and save harmless the city from all claims
for damage to property or injury to persons by reason of such construction
work, and indemnifying the city on account of such claims or injuries. The
amount of the insurance shall be approved by the water services department.
Sec.
78-95. Preparation of plans by applicant's engineer.
Except for unusual circumstances, the preparation of detailed
plans for water main extensions shall be prepared by a registered professional
engineer engaged by the applicant. The director of the water services
department shall make rules and regulations by which an applicant may
accomplish the engineering design of water main extensions by a registered
professional engineer in private employment. The contract for a water main
extension to be accomplished in accordance with such rules and regulations shall
include an inspection fee of five percent of the estimated total cost of the
water main extension, as determined by the director of the water services
department, however, the minimum inspection fee shall be the sum of $750.00,
this fee to be a nonrefundable charge covering the cost of inspection of
construction, flushing, and other overhead costs of the city.
Sec.
78-96. Preparation of plans by water services department.
If, because of special circumstances, the main extension should be
designed by the water services department rather than by the applicant's
engineer as provided in section 78-95, the applicant for the water main
extension shall pay the water services department, at the time of making
application, a sum equal to five percent of the estimated total cost of the
water main extension, as determined by a preliminary study by the director of
the water services department; provided, however, the minimum amount to be paid
shall be the sum of $2,750.00, this amount to be a nonrefundable charge to the
applicant to cover the cost of design. After the plans and specifications for
any water main extension have been prepared by the water services department,
the applicant for such extension shall enter into a contract for the
construction of such extension and shall pay an additional fee to the city in
the amount of 15 percent of the estimated cost of the water main extension,
less the amount paid with the application. This additional fee shall be a
nonrefundable charge covering the engineering, design, inspection of
construction, flushing, and other overhead costs of the city.
Sec. 78-97.
Deposit of estimated costs when extension constructed by city—
required; amount.
The
applicant for any water main extension to be constructed by the city shall make
a deposit with the city in an amount equal to the estimated total cost of the
water main extension, and such estimated cost shall include all costs for
materials, labor, transportation, equipment and other costs, but shall include
no charge for engineering, administration and other overhead costs as defined
in section 78-96.
Sec.
78-98. Same—Refund of excess deposit; additional deposit.
When the actual cost of any water main extension is known,
the city shall refund that part of the applicant's deposit that is in excess of
the actual cost. In case the deposit is less than the actual cost, the director
of the water services department may require that the deficiency be made up by
an additional deposit to be paid before any connection to the line is made by
the applicant.
Sec.
78-99. Control and ownership of extensions.
All water main extension contracts authorized by this
division shall stipulate that the water mains constructed by the applicant
shall be the property of the city, and the control, operation and right of use
thereof shall be vested wholly and exclusively in the city; and the applicant
for such extension shall have no interest therein other than the right to make
connections thereto in accordance with applicable rules and regulations of the
water services department.
Sec.
78-100. Time limit for commencing and completing work.
Each water main extension contract shall stipulate that all
construction and installation made in accordance with contracts authorized by
this division shall be started within three months and completed within 12
months from the date of such contract, or the director may, at his option, and
upon giving written notice, cancel such contract, in which case any and all
deposits shall be forfeited, and any portion of the work which had been
completed shall become property of the city.
Sec.
78-101. Contract provision regarding refunds.
Each main extension contract shall stipulate that the applicant shall be
entitled to no refund at any time on account of any customers directly and
permanently or temporarily connected to any water main extension or on account
of revenue collected from such customers.
Sec. 78-102.
Certification of available funds required for reimbursement for
oversize mains.
Any contract entered into pursuant to this division which may involve
reimbursement to the applicant for mains larger than 12 inches in diameter or
system improvement shall not be binding upon the city unless there is affixed
thereon at the time of execution a certification by the director of finance
that sufficient funds are available to meet the obligation being incurred.
Sec.
78-103. Right of city to deny connection until costs of project have been
paid.
For any and all contracts authorized by this
division, the city may, at its option, refuse to permit service connections
until the applicant has furnished a certified statement of the actual
construction costs and has certified that all bills and claims relating to the
project have been paid. The city may prohibit connections to the system while
there is any claim against the applicant for unpaid bills or other obligations
arising out of the installation of the water main extension; provided, however,
that if the applicant indemnifies the city to its satisfaction against the
disputed claims this provision may be waived.
Secs.
78-104—78-130. - Reserved.
DIVISION 3. -
RELOCATIONS
Sec. 78-131. Execution of
contracts; responsibility for payment of costs.
Sec. 78-132. Size of mains;
spacing of hydrants.
Sec. 78-133. Manner of
construction; basis of charges for work done by city.
Sec. 78-134. Bonds and insurance
when relocation constructed by applicant.
Sec. 78-135. Fees when plans
prepared by water services department.
Sec. 78-136. Preparation of
plans by applicant's engineer.
Sec. 78-137. Deposit of
estimated costs when relocation constructed by city—Required; amount.
Sec. 78-138. Same—Refund of
excess deposit; additional deposit.
Sec. 78-139. Certification of
available funds required for reimbursement for oversize mains.
Sec. 78-140. Control and
ownership of relocations.
Sec. 78-141. Right of city to
deny connection until costs of project have been paid.
Secs. 78-142—78-170. Reserved.
Sec.
78-131. Execution of contracts; responsibility for payment of costs.
The director of the water services department is
hereby authorized to execute contracts for relocation of water mains as
prescribed in this division. The entire expense or cost of relocating such
water mains shall be borne by the applicant, except as provided in this
division. The relocation of a fire hydrant(s) shall be done in the same manner
as a water main relocation.
Sec.
78-132. Size of mains; spacing of hydrants.
Water main relocations shall include no mains smaller
than the existing main or a six inch main, whichever is greater, and hydrants
shall be spaced according to the then existing design criteria of the water
services department; provided, however, that the director of the water services
department may require the use of larger mains in lieu of existing mains if, in
the director's best judgment, the larger main is necessary for the best
interests of the city, in which case the city shall bear the difference between
the estimated cost of the larger main and the existing main, unless in the
judgment of the director of the water services department such larger main is
required or needed by the applicant for such water main relocation.
Sec.
78-133. Manner of construction; basis of charges for work done by city.
All water main relocations may be constructed by the
city by contact awarded on the basis of competitive bids or by force account,
using city employees and equipment owned or rented by the city or by any
combination of such methods; provided, however, the director of the water
services department, in the director's discretion, may require any applicant
for a water main relocation to construct the relocation. The basis of charges
for labor, materials or equipment for force account work shall be consistent
with that used in the allocation of similar charges for other work done by the
city.
Sec.
78-134. Bonds and insurance when relocation constructed by applicant.
(a) Bonds. If the main relocation is
constructed by the applicant, rather than the city, the applicant or the
applicants agent, servant or employee, independent contractor, or such other
persons, firm, partnership, corporation or association by whom such work is to be
performed, shall file with the water services department:
(1) A performance and maintenance bond in an
amount equal to the estimated total cost of the project, conditioned that such
work will be constructed and completed in accordance with the approved drawings
and in accordance with the water services department's standard specifications
and guaranteeing the work and maintenance of trenches for a period of three
years from the date of acceptance of the work; and
(2) A payment bond in an amount equal to the
total estimated cost of the project, that shall be conditioned for the payment
of any and all materials, incorporated, consumed or used in connection with the
construction of such work, and all insurance premiums, both for compensation,
and for all other kinds of insurance, said work, and for all labor performed in
such work whether by subcontractor or otherwise.
(b) Insurance. Before commencing work upon
such project, the applicant or the applicants agent, servant or employee,
independent contractor, or such other persons, firm, partnership, corporation
or association by whom such work is to be performed, shall also file with the
Water Services Department a certificate of public liability insurance in favor
of the City, conditioned to protect and save harmless the City from all claims
for damages to property or injury to persons by reason of such construction
work, and indemnifying the City on account of such claims or injuries, with the
amount of the insurance to be approved by the Water Services Department.
Sec. 78-135. Fees when plans prepared by water
services department.
(a) Fee for cost of design. All applicants
for water main relocations shall pay to the water services department, at the
time of making application, a sum equal to five percent of the estimated total
cost of such water main relocation, as determined by preliminary study by the
director of the water services department; provided, however, the minimum
amount to be paid shall be the sum of $500.00. This amount shall be a nonrefundable
charge to the applicant to cover the cost of design.
(b) Fee for overhead costs. After the plans
and specifications for any water main relocation have been prepared by the
water services department, the applicant for such relocation shall enter into a
contract for the construction of such relocation and shall pay an additional
fee to the city in the amount of 15 percent of the estimated total cost of the
relocation, less the amount paid with the application. This additional fee
shall also be a nonrefundable charge covering the engineering, design,
inspection of construction, flushing, and other overhead costs of the city.
Sec.
78-136. Preparation of plans by applicant's engineer.
The director of the water services department shall make rules and regulations
by which an applicant may accomplish the engineering design of water main
relocations by a registered professional engineer in private employment. If the
design for a water main relocation is accomplished in accordance with such
rules and regulations, the fees as stated in section 78-135 may be reduced to
one fee of four percent of the estimated total cost of the relocation, as a
nonrefundable charge covering inspection of construction, flushing, and other
overhead costs of the city.
Sec. 78-137.
Deposit of estimated costs when relocation constructed by city—
Required; amount.
The
applicant for any water main relocation to be constructed by the city shall
make a deposit with the city in an amount equal to the estimated total cost of
such relocation, and such estimated total cost shall include all costs for
materials, labor, transportation, equipment and other costs, but shall include
no charge for engineering, administration and other overhead costs, as defined
in sections 78-135 and 78-136.
Sec.
78-138. Same—Refund of excess deposit; additional deposit.
When the actual total cost of any water main
relocation is known, the city shall refund that part of the applicant's deposit
that is in excess of the actual total cost. In case the deposit is less than
the actual total cost, the director of the water services department may require
that the deficiency be made up by an additional fee to be paid before any
connection to the line is made by the applicant.
Sec.
78-139. Certification of available funds required for reimbursement for
oversize mains.
Any contract entered into pursuant to this division
which may involve reimbursement to the applicant for mains larger than existing
mains or system improvement shall not be binding upon the city unless there is
affixed thereon at the time of execution a certification by the director of finance
that sufficient funds are available to meet the obligation being incurred.
Sec.
78-140. Control and ownership of relocations.
All water main relocations made in accordance with
contracts authorized by this division shall be the property of the city, and
the control, operation and right of use thereof shall be vested wholly and
exclusively in the city; and the applicant for such relocation shall have no
interest therein other than the right to make connections thereto in accordance
with applicable rules and regulations and shall have no right to any refund
whatsoever.
Sec.
78-141. Right of city to deny connection until costs of project have been
paid.
For any and all contracts authorized by this division the city may, at
its option, refuse to permit service connections until the applicant has
furnished a certified statement of the actual construction costs and has
certified that all bills and claims relating to the project have been paid. The
city may prohibit connections to the system while there is any claim against
the applicant for unpaid bills or other obligations arising out of the
installation of the water main relocation; provided, however, that if the
applicant indemnifies the city to its satisfaction against the disputed claims
this provision may be waived.
Secs.
78-142—78-170. Reserved.
CHAPTER
78 - ARTICLE III. - SWIMMING AND BATHING FACILITIES
DIVISION 1. - GENERALLY
DIVISION 2. - OPERATING PERMITS
DIVISION 3. - ENFORCEMENT AND RIGHTS
DIVISION 1. - GENERALLY
Sec. 78-171. Scope, purpose and
intent of article.
Sec. 78-172. Definitions.
Sec. 78-173. Duties of director.
Sec. 78-174. Authority to
prescribe additional rules and regulations.
Secs. 78-175—78-179. Reserved.
Sec.
78-171. Scope, purpose and intent of article.
(a) The scope, purpose and intent of this article is
to provide a uniform set of rules and regulations governing and controlling
swimming and bathing facilities, to provide a guide for the licensing of
existing and new swimming pools, special-purpose facilities and natural bathing
places, as defined in this article, and to regulate the construction,
reconstruction, maintenance, operation and repair of swimming pools,
special-purpose facilities and natural bathing places within the city.
(b) This article includes rules and regulations for
water safety, health and sanitation.
(c) This article includes technical requirements
pertaining to such facilities, but there is also vested in the director power
and authority to make such specific requirements for each permit holder as in
his judgment and discretion are just and reasonable.
(d) The provisions of this article shall be in
addition to existing laws and ordinances, and any owner or operator of any and
all bathing facilities shall be required to comply with all of such provisions.
(e) This article is not intended to include and regulate
single-family residential swimming pools or pools similarly situated.
Sec.
78-172. Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Bathing facility includes, generally, any
swimming pool, special-purpose facility or natural bathing place as defined in
this section.
Director means the director of the city
department of health or his designee.
Lifeguard means a person who is 16 years of
age or older and who meets the qualifications prescribed in this article, whose
sole function and duty is to supervise those persons utilizing water facilities
and to be able to render any assistance to persons in distress in the water or
in the immediately adjacent water area, and who holds a current certificate in
lifesaving from an accredited organization approved by the director.
Natural bathing place includes such places as
ponds, rivers, lakes, springs or such other places in which water cleanliness
is dependent upon natural flow or upon wind or wave action, and where the place
is used or operated as a swimming pool or bathing facility, either for profit,
not for profit or for public recreational purposes.
Operating permit means the permit issued by
the director to either construct, reconstruct, maintain, operate or repair a
swimming pool, special-purpose pool or natural bathing place, as defined and
set forth in the particular conditions and requirements for each applicant
thereof where found necessary and justified in the discretion of the director,
in accordance with his rules and regulations.
Seasonal permits are operating permits issued
for any swimming pool, special-purpose facility or natural bathing place that
is in operation for less than seven months of the calendar year.
Special-purpose facility includes the term in
its ordinary sense and meaning, and also any therapeutic pools, water slides,
treatment pools, spas, hot tubs and special-purpose pools for water therapy,
that are not drained after each use, whether they are operated or managed on a
profit or not-for-profit basis, associated with or separate from public
facilities or utilized for public recreational purposes.
Swimming pool includes the term in its
ordinary sense and meaning, and also any and all wading pools, spray pools,
private pools, semiprivate pools, club pools, public pools or any other
artificial bathing place where such could be reasonably so denominated, but not
exclusive thereof, whether they are operated or managed on a profit or
not-for-profit basis, or for public recreational purposes.
Yearly permits are operating permits issued
for any swimming pool, special-purpose facility or natural bathing place that
is in operation for more than seven months of the calendar year.
Sec.
78-173. Duties of director.
The director shall have the duty and responsibility
of enforcing the provisions of this article and the rules and regulations
promulgated by him as authorized by section 78-174, or any amendments in
requirements or conditions of any permit issued under this article; and, in
addition thereto, he or she shall keep records of all operating permits issued
or renewed and any changes thereof, prepare a form of application for such permit,
cause an inspection of the premises to be made at any reasonable time of any
permit holder, make any amendments to the conditions and requirements either
before or after an operating permit is issued, or do any other matter or thing
necessary to carry out the intent, purpose and scope of this article and the
rules and regulations promulgated under this article.
Sec.
78-174. Authority to prescribe additional rules and regulations.
(a) Scope of authority. The director shall
formulate rules and regulations for implementing the provisions of this
article, and such rules shall include any and all requirements for lifeguards.
Such rules and regulations shall be filed with the city clerk, and, when so
filed, shall be in effect as part of this article. Such rules may be modified
or superseded by other rules and regulations filed by the director from time to
time.
(b) Scope of regulations. The director shall
have power and authority to make provision in such rules and regulations for
health, sanitation and adequate water safety as such rules and regulations may
appertain to each and every holder of a permit under this article; and such provisions,
conditions or requirements shall be subject to modification, deletions,
additions or other change or alteration as to any holder of a permit as the
director may find and determine at any time.
Secs.
78-175—78-179. Reserved.
DIVISION 2. - OPERATING PERMITS
Sec. 78-180. Required.
Sec. 78-181. Conditions.
Sec. 78-182. Application; fees.
Sec. 78-183. Amendment of
requirements; notice and review.
Sec. 78-184. Duties of permit
holder.
Secs. 78-185—78-199. Reserved.
Sec.
78-180. Required.
(a) All persons, firms, partnerships, corporations
and associations, either for profit or nonprofit, now or hereafter owning,
operating or managing a swimming pool or natural bathing place or other like
facility, as defined in section 78-172, shall obtain an operating permit for
each such facility from the director. The permit shall be issued only after an
application has been submitted and approved by the director on forms to be
furnished by him or her. Permits are not transferable with any changes in
ownership.
(b) A construction permit shall be required in
addition to any and all other requirements made under law or ordinance in those
instances where there is initial construction, reconstruction or repair of any
bathing facility, whether or not an operating permit has been issued for the
bathing facility.
Sec.
78-181. Conditions.
No operating permit shall be issued by the director
until the applicant therefore has complied with the rules and regulations
promulgated by the director and all provisions of this article. The director is
authorized and directed to endorse on the operating permit such conditions and
requirements which in his best judgment and discretion are necessary for the
protection of the health and safety of the persons utilizing such swimming pool
or bathing facility. Such conditions and requirements shall conform as closely
as possible to the rules and regulations promulgated by the director. Such
rules and regulations shall not be so strictly construed to operate hardship
upon any applicant; but the director shall have discretion to prescribe
reasonable conditions and requirements to carry out the scope, purpose and
intent of this article.
Sec.
78-182. Application; fees.
(a) Contents of application. Before any
permit shall be issued, all persons now or hereafter owning, operating or
managing a bathing facility shall complete an application for an operating
permit on forms furnished by the director. The application shall show the
location, operation, specifications and such other information of the existing
or proposed bathing facility as may be required by the director.
(b) Investigation of facility. Upon receipt
of an application, the director shall cause an investigation to be made of the
existing facility, or the plans and specifications of a proposed facility, to
determine if such applicant meets the requirements of this article and the
rules and regulations promulgated under this article.
(c) Application fee. A fee of $50.00 shall
accompany the initial application and also any instance where a permit holder
may thereafter apply to the director for a modification of the particular
requirements and conditions embodied in such permit.
(d) Fees generally. Fees shall be based upon
the following classification of bathing facility and whether the bathing
facility is operational seasonally or yearly, as defined in section 78-172.
Classes of pools shall be as follows:
Class I - Municipal, community, athletic clubs or swimming clubs,
country clubs, public and private schools and various camp and day care pools.
Natural bathing places shall be in this class but are exempt from disinfectant
levels. class I pools shall not have a mandatory closing time.
Class II - Pools not meeting the supervision requirements shall be
included within this class, i.e. hotels, motels, apartment complexes,
condominiums, and multiple-housing units. Except with special permission, class
II pools must close at 10:00 p.m. No children under the age of 12 are allowed
in the pool without a responsible person of the age 16 or older.
Class III - All baby pools or wading pools with a maximum depth of
two feet.
Class IV - Special purpose facilities - Hot tubs, spas, whirlpools
or any pools operated for medical treatment, that are not drained after each
use.
The following schedule prescribes applicable fees for
permits described in this article and the effective dates of such fees:
|
Class
|
Type
|
Current Fee
|
Permit Year
2006
|
Permit Year
2007 and Forward
|
|
Class I
|
Yearly
|
$400.00
|
$475.00
|
$550.00
|
|
Class I
|
Seasonal
|
250.00
|
300.00
|
350.00
|
|
Class II
|
Yearly
|
400.00
|
475.00
|
550.00
|
|
Class II
|
Seasonal
|
250.00
|
300.00
|
350.00
|
|
Class III
|
Yearly
|
170.00
|
210.00
|
250.00
|
|
Class III
|
Seasonal
|
170.00
|
185.00
|
200.00
|
|
Class IV
|
Yearly
|
170.00
|
210.00
|
250.00
|
|
Class IV
|
Seasonal
|
170.00
|
185.00
|
200.00
|
(e) Reinstatement fee. In addition to other fees
established herein, there shall be a fee of $50.00 for the reinstatement of any
permits that have been suspended or revoked.
(f) Adjustment of fees. The director shall have the
authority to adjust the above-listed fees annually to reflect the change in the
consumer price index (all items/all urban consumers/Kansas City, Missouri
Kansas) published by the United States Department of Labor, Bureau of Labor
Statistics. The costs of issuance and inspections of permits may be increased
by the CPI index indicated above.
Sec.
78-183. Amendment of requirements; notice and review.
(a) Authority of director. The director is authorized,
upon proper showing, to amend the requirements and conditions set forth in any
permit issued under this division upon proper application of any holder of an
operating permit.
(b) Notice to permit holder. Before the director shall
cause an amendment in the conditions and requirements in any permit or renewal
thereof to be made, he or she shall cause a notice to be given to such permit
holder at least ten days before he amends such permit, stating therein the
nature of the action he proposes to take with regard to the conditions and
requirements of such permit.
(c) Right to review. If such permit holder is aggrieved
by the proposed action of the director, he shall have the right to a hearing
thereon before the director of health, and have a transcript thereof made and a
decision rendered thereon, which shall constitute the amended permit. A request
for hearing by the permit holder shall be made in writing and delivered to the
director of health within five days after receipt of the notice of proposed
amendment, and shall state the grounds upon which objection to the proposed
amendment of the director is made. If such permit holder is still aggrieved by
the action of the director, then a judicial review of such decision may be had
in the circuit court of the county wherein such bathing facility is situated.
Sec.
78-184. Duties of permit holder.
All holders of operating permits issued under this division
shall comply with all provisions of this article, and the rules and regulations
promulgated by the director, as such provisions, rules and regulations may be
amended from time to time, and also each and every condition and requirement
endorsed upon such permit or any renewal thereof issued under this division, as
such conditions and requirements may be amended by the director as provided in
section 78-183.
Secs.
78-185—78-199. Reserved.
DIVISION 3. - ENFORCEMENT AND RIGHTS
Sec. 78-200. Inspections
required.
Sec. 78-201.
Non-health-hazardous or life-threatening violations; opportunity to correct.
Sec. 78-202. Same—Notice of
hearing for suspension or revocation.
Sec. 78-203. Same—Hearings;
record of proceedings; failure to appear.
Sec. 78-204. Same—Suspensions;
reinstatements of permits; length of suspension.
Sec. 78-205. Same—Revocations.
Sec. 78-206. Health-hazardous or
life-threatening violations; opportunity to correct.
Sec. 78-207. Same—Notice of
hearing for suspension or revocation.
Sec. 78-208. Same—Hearings;
record of proceedings; failure to appear.
Sec. 78-209. Same—Suspensions;
reinstatements of permits; length of suspension.
Sec. 78-210. Same—Revocations.
Sec. 78-211. Violations
generally; penalty; failure to obtain permit or renew.
Sec. 78-212. Appeal.
Secs. 78-213—78-240. Reserved.
Sec.
78-200. Inspections required.
The
director shall cause periodic inspections to be made of all swimming pools,
special-purpose facilities and natural bathing places regulated under this
article to ensure that the holder of the operating permit issued under this
article is complying with the provisions of this article, the rules and
regulations promulgated by the director, as they may be amended from time to
time, and the conditions and requirements set forth in the operating permit
issued for the particular facility for which the operating permit was issued or
renewed.
Sec. 78-201.
Non-health-hazardous or life-threatening violations; opportunity to
correct.
During
an inspection, if a health officer discovers that a permit holder has failed to
comply with this article or the rules and regulations established by the
director, and the violation is not life-threatening or a potentially serious
health hazard, he or she shall:
(1) Inform the permit holder, his agent,
servant or employee in writing that a violation exists;
(2) Allow the permit holder an opportunity to
correct the violation within a reasonable period of time, as determined by the
director; and
(3) Re-inspect the swimming pool,
special-purpose facility or natural bathing place to determine if the violation
still exists.
Sec.
78-202. Same—Notice of hearing for suspension or revocation.
If the director finds the permit holder still in violation
upon re-inspection pursuant to section 78-201, he shall notify the permit
holder in writing of his intention to suspend or revoke the permit and allow
the permit holder an opportunity for a hearing. Such notice shall be sent to
the permit holder at least five days before such hearing and shall include the
date, time and location of the hearing.
Sec.
78-203. Same—Hearings; record of proceedings; failure to appear.
(a) Hearings. The director shall conduct
hearings pursuant to section 78-202 to determine if a suspension or revocation
shall take effect. The permit holder shall be allowed to show cause why such
action should not be taken.
(b) Record of proceedings. The director shall
cause to be made a true and accurate transcript of such proceedings, and any
appeal or review thereof by such permit holder shall be taken in accordance
with the law.
(c) Action by director. After any hearing
shall be concluded, the director shall make findings of fact and conclusions
of law upon which his or her decision shall be
based. Such conclusions may result in either no action taken due to no
violation, suspension or revocation.
(d) Automatic suspension. Failure of a permit
holder to appear at the hearing shall result in automatic suspension of the
permit.
Sec.
78-204. Same—Suspensions; reinstatements of permits; length of suspension.
(a) After a hearing, if the director finds the
permit holder to be in violation of this article or the rules and regulations
and suspends the permit, the permit holder shall lock, secure or close the area
of violation and post a sign indicating that the bathing facility is closed for
maintenance or is temporarily out of service.
(b) Failure of the permit holder to lock, close, or
secure the bathing facility and maintain such signage during suspension may
result in revocation of the permit.
(c) If the permit holder has corrected the violation
during a period of suspension, he or she shall notify the director of the
intention to have the permit reinstated.
(d) The director shall re-inspect the premises. If
the violation no longer exists, the director or health officer will leave
written notification that the permit has been reinstated. Such notice shall
also notify the permit holder that the closure signage may be removed and the
bathing facility may once again operate.
(e) The director shall charge a reinstatement fee of
$50.00 whenever a suspended permit is reinstated upon a re-inspection, as
stated in section 78-128(e).
(f) Suspensions in effect longer than 90 days shall
result in a revocation.
Sec.
78-205. Same—Revocations.
If
the director decides to revoke a permit after a hearing or pursuant to
subsection 78-204(b) or 78-204(f), such bathing facility shall not remain in
operation and shall be secured in a fashion deemed necessary by the director.
Sec. 78-206.
Health-hazardous or life-threatening violations; opportunity to correct.
During
an inspection, if a health officer discovers that a permit holder has failed to
comply with this article or the rules and regulations established by the
director, and the violation is life-threatening or a potentially serious health
hazard, he or she shall:
(1) Immediately lock, secure or close the
area of violation and post a sign indicating that the bathing facility is
closed for maintenance or is temporarily out of service.
(2) Inform the permit holder or his agent,
servant or employee in writing that a violation exists;
(3) Allow the permit holder an opportunity to
correct the violation within a reasonable period of time, as determined by the
director; and
(4) Re-inspect the swimming pool,
special-purpose facility or natural bathing place to determine if the violation
still exists.
Sec.
78-207. Same—Notice of hearing for suspension or revocation.
If the director finds the permit holder still in violation
upon re-inspection pursuant to section 78-206, he shall notify the permit
holder in writing of his intention to suspend or revoke the permit and allow
the permit holder an opportunity for a hearing. Such notice shall be sent to
the permit holder at least five days before such hearing and shall include the
date, time and location of the hearing.
Sec. 78-208.
Same—Hearings; record of proceedings; failure to appear.
(a) Hearings. The director shall conduct
hearings pursuant to section 78-207 to determine if a suspension or revocation
shall take effect. The permit holder shall be allowed to show cause why such
action should not be taken.
(b) Record of proceedings. The director shall
cause to be made a true and accurate transcript of such proceedings, and any
appeal or review thereof by such permit holder shall be taken in accordance
with the law.
(c) Action by director. After any hearing
shall be concluded, the director shall make findings of fact and conclusions of
law upon which his or her decision shall be based. Such conclusions may result
in either no action taken due to no violation, suspension or revocation.
(d) Automatic suspension. Failure of a permit
holder to appear at the hearing shall result in automatic suspension of the
permit.
Sec.
78-209. Same—Suspensions; reinstatements of permits; length of suspension.
(a) After a hearing, if the director finds the
permit holder to be in violation of this article or the rules and regulations
and suspends the permit, he shall make an order that the area or facility in
violation remain locked, secured or closed and that signs indicating the bathing
facility is closed for maintenance or is temporarily out of service remain in
place during the period of suspension.
(b) Failure of the permit holder to lock, close or
secure the bathing facility and maintain such signage during suspension may
result in revocation of the permit.
(c) If the permit holder has corrected the violation
during a period of suspension, he or she shall notify the director of his
intention to have the permit reinstated.
(d) The director shall re-inspect the premises. If
the violation no longer exists, the director or health officer will leave
written notification that the permit has been reinstated. Such notice shall
also notify the permit holder that the closure signage may be removed and the
bathing facility may once again be in operation.
(e) The director shall charge a reinstatement fee of
$50.00 whenever a suspended permit is reinstated upon a re-inspection, as
stated in section 78-182(e).
(f) Suspensions in effect longer than 90 days shall result in a
revocation.
Sec.
78-210. Same—Revocations.
If the director decides to revoke a permit after a hearing or
pursuant to section 78-209(b) or 78-209(f), such bathing facility shall not
remain in operation and shall be secured in a fashion deemed satisfactory by
the director.
Sec.
78-211. Violations generally; penalty; failure to obtain permit or renew.
(a) Any person violating any provision of this
article, the rules and regulations of the director, or the conditions and
requirements contained in the operating permit, as any or all of such
provisions, rules, regulations, conditions or requirements may be amended,
shall be deemed guilty of an ordinance violation, and upon conviction thereof
shall be punished as provided in section 1-17. Such violations apply to actions
or inactions taken by the permit holder, his agents, servants or employees.
(b) Failure of any person to obtain an operating
permit or keep the permit in force and effect by proper renewal thereof, where
an operating permit is required, shall constitute a violation of this article.
(c) Where the permit holder is a corporation or
other association authorized by law to act only through an officer thereof, the
officers executing the application or their successors shall be the responsible
person subject to the penalties set forth in this section for the violation of
this article.
Sec.
78-212. Appeal.
Any permit holder aggrieved by an adverse ruling or
decision by the director may have the ruling or decision reviewed by any means
authorized by law, and such review shall begin in the first instance of the
circuit court of the county in which the bathing facility is situated.
Secs.
78-213—78-240. Reserved.
CHAPTER
78 - ARTICLE IV. - SPECIAL ASSESSMENTS
Sec. 78-241. Institution of proceedings; intent of
article.
Sec. 78-242. Declaration of necessity.
Sec. 78-243. Notice of hearing.
Sec. 78-244. Decision of
director of water services department, recording of notice.
Sec. 78-245. Determination of
method of construction.
Sec. 78-246. Apportioning assessments.
Sec. 78-247. Determination and
levying of assessments.
Sec. 78-248. Preparation of
assessment roll.
Sec. 78-249. Assessment notice.
Sec. 78-250. Payment of
assessments; interest.
Sec. 78-251. Assessment to
constitute lien on property; collection of delinquent assessments.
Sec. 78-252. Connection with
water main not permitted for property for which assessments are delinquent.
Sec. 78-253. Contingent refund
contracts when city funds not available.
Secs. 78-254—78-290. Reserved.
Sec.
78-241. Institution of proceedings; intent of article.
(a) Petition by property owner. In any area
of the city in which water service is not available, or in which the capacity
of existing water mains is inadequate to meet water supply or fire protection
requirements, one or more owners of real estate within such area may present a
petition to the director of the water services department requesting that the
department, pursuant to the provisions of this article, install a water main or
mains with appurtenances to serve such area.
(b) Decision of director. With such a
petition, or without such a petition when deemed necessary by the director of
the water services department, the water services department may institute
proceedings to construct with its own forces or by a private contractor a water
main or mains and appurtenances to serve property not having water service or
having inadequate water main capacity. The cost of such improvement shall be
defrayed in the manner provided by this article.
(c) Intent of article. The intent of this
article is to provide for the construction of water main extensions and
appurtenances thereto. It may be used to replace mains of inadequate capacity
or to extend mains from the existing water system to areas not within proposed
subdivisions or other areas under development. Petitions for a water main and
related appurtenances located within a platted subdivision, wholly owned or
controlled by one entity, are unacceptable under the terms of this article.
However, nothing in this article shall be construed to prevent the program from
serving properties under individual ownership in subdivisions already platted
but not having a water system or having a water system inadequate to meet all
reasonable need, including fire protection.
Sec.
78-242. Declaration of necessity.
All proceedings to install any water main and
appurtenances as provided in this article shall be begun by the adoption and
entry of a declaration of necessity (referred to in this article as the
resolution) by the director of the water services department.
(1) Contents of resolution. Such
resolution shall be entered on the records of the department and shall contain:
a. A statement of the nature of the project,
including a description, the location of the proposed improvement, and the
properties to be benefited.
b. A statement that the project is to be
paid for by a front foot assessment against abutting real property.
c. An estimate by the director of the water
services department of the whole cost of the project and the probable cost per
foot of property to be assessed. If the main proposed is larger than 12 inches,
two estimates shall be recorded, one for the cost of a 12-inch main, and
another for the whole cost of the proposed main.
(2) Estimate of cost. The director of
the water services department shall prepare an estimate of the probable cost of
the proposed project, and such estimate shall be open to inspection and
discussion at the hearing held on the project.
(3) Error in estimate. Any error or
inaccuracy in such estimate as compared with the actual cost of the work as
finally determined shall not affect the validity of the proceedings or of any
assessments made to pay for such improvement.
Sec.
78-243. Notice of hearing.
(a) Publication. At or after the adoption and
entry of record of any such resolution as described in section 78-242, the
director of the water services department shall cause a notice of the proposed
project to be published for five days in the newspaper doing the city printing
at the time, and if there is no such paper then in any other newspaper
published in the city. Such notice shall recite briefly that such water mains
and related appurtenances thereto are proposed, the general nature thereof, the
streets or other points between which the project is to be constructed, and the
properties to be served, and shall recite that a public hearing on the proposed
project will be held on a specified date, not sooner than 15 days after the
last day of publication, at a designated location.
(b) Mailing to property owners. The director
of the water services department shall also cause a notice of intent to
construct such proposed water mains and related appurtenances thereto to be
sent by mail to every owner whose property will be subject to assessment. Such
notice should include information required by state statutes. Names of such
property owners shall be determined and taken from the assessment and levy of
general taxes by the city; but no defect or mistake in the records or in the
description therein of the lots or in the name of such apportionment shall
impair the validity of the assessments, liens or bills issued pursuant to this
article. The absence of proof that such notice was sent or received shall not
affect the validity of the proceedings, or of any special assessment thereafter
made, so long as the published notice specified in subsection (a) of this
section has been properly accomplished.
Sec.
78-244. Decision of director of water services department, recording of
notice.
After the hearing provided for in section 78-243, the
director of the water services department shall determine the necessity for
proceeding with the project or part thereof, or the director may order that the
project or any part thereof be stopped, in which case the rejected project
shall not be begun until the adoption of a new resolution. No remonstrance or
objection shall stay any proceedings, and when the director of the water
services department determines such project or any portion thereof to be
necessary or unnecessary, the director's decision shall be final. Within 30
days after the director of the water services department has made a
determination of necessity, the director of the water services department shall
cause a notice of that determination, containing the legal description of each
property that will be subject to assessment, to be filed in the office of the
recorder of deeds for the county in which the properties are located. Any
failure by the director of the water services department to file the notice in
accordance with this section shall not invalidate the special assessments
subsequently levied, and the burden of proof shall be upon anyone claiming
damage on account thereof to show, in an appropriate action, the fact of such
failure and that actual damage was caused thereby.
Sec.
78-245. Determination of method of construction.
After the entry of such resolution as provided for in
section 78-242, and the adoption of plans and specifications, the director of
the water services department may proceed to receive bids and to award
contracts for the construction in the manner prescribed by the city charter and
ordinances, or the director of the water services department may determine that
such work shall be done with city forces. Such contract, or determination that
city forces are to be used, shall not be binding and effective until confirmed
by an ordinance of the city council, which ordinance shall state that the cost
of the project shall be paid by special assessment, or by other means as
specified by this article. When so confirmed, the work and the subsequent
assessments and connection charges shall in all respects be considered and held
to have been authorized by the city council.
Sec.
78-246. Apportioning assessments.
(a) Front foot rule. Except as otherwise
required by state statute, assessment under this article shall made, levied and
assessed according to the front foot rule, which shall be held to mean that the
required sum shall be assessed and charged against the several lots, tracts and
parcels of real property to be served by the project and lawfully chargeable
therewith, abutting upon either side of the project or portion thereof, in
proportion to the frontage or abutment thereon of such respective lots, tracts
and parcels of land.
(b) Applicability of assessment. Except as
provided for in this article, the cost of the whole or any part of any water
mains and related appurtenances referred to or authorized under the terms of
this article is to be paid for by special assessments on abutting lands served
by such improvement.
(c) Payment of cost of oversized mains;
assessment of city-owned property. Any difference of cost between the size
of the main actually installed and 12-inch main will be paid by the city. If a
main larger than 12 inches in diameter is required in the judgment of the
director of the water services department, the assessment for such a line of
such size as may be constructed shall not exceed the cost of constructing a
12-inch line and appurtenances over the same route, as estimated by the
director of the water services department and read at the time of the bid
opening, as provided in section 78-242(2). City-owned property to be served and
which abuts the project shall be assessed as other property.
(d) Application of funds received from grants in
aid. When a project constructed pursuant to this article receives grants in
aid or incentive contributions of any type, such funds shall be applied first
to defray the city's cost of oversize mains, if any such costs are involved,
pursuant to subsection (c) of this section; and any funds in excess of the
amount required to cover the city's cost of oversize mains shall be applied to
reduce the assessment per front foot.
Sec.
78-247. Determination and levying of assessments.
(a) Computation of project cost. The actual
total cost of the project constructed pursuant to this article shall include
construction cost, city-furnished construction materials, engineering cost and
administrative costs, right-of-way or easement acquisition cost, all as defined
in this subsection, and any other costs which are incurred as a direct result
of the project and are designated in the ordinance approving the construction
contract.
(1) Construction cost. The total
amount paid by the city to the contractor for construction of the project.
(2) City-furnished construction material
cost. The city's cost for all materials it furnishes to the contractor for
installation on the project, including but not limited to fire hydrants, valve
covers and lids.
(3) Engineering cost. A sum equal to
15 percent of the construction cost plus 15 percent of the city-furnished
construction material cost, which sum is determined to be the usual cost of
such services. The engineering cost includes engineering design, survey and
staking, inspection of construction, and flushing of the mains. Such
engineering and related services may, at the discretion of the director of the
water services department, be provided either by water services department
personnel or by consultants, or by any combination of city and consultant
forces.
(4) Administrative cost. A sum equal
to one percent of the construction cost plus one percent of the city-furnished
construction material cost, which sum is determined to be the usual cost of
such services. The administrative cost includes administrative services
provided by the finance department in connection with the improvement; and,
when any project is undertaken pursuant to this article, an appropriation of
this sum shall be made to the finance department to cover these services.
(5) Right-of-way or easement cost. The
city's cost for acquisition of right-of-way, easements or license agreements
necessary to facilitate the project, including all appraisal fees, payments,
court fees, attorneys fees, recording fees, direct or indirect labor costs, and
all other costs associated with such.
(b) Apportionment of costs. In making
assessments to pay for water mains constructed under the provisions of this
article, the director of the water services department shall first compute the
total amount to be assessed in connection with the project, which amount shall
be the actual total cost of the project, less any contributions whether for
oversize mains as provided in section 78-246(c) or otherwise either by the city
or by third parties. The director of the water services department shall then
determine, by application of the front foot rule as defined in this article,
or, by application of a different method if required by state statute, the
portion of the total amount being assessed which is to be assessed against each
of the several lots, tracts and parcels of land lawfully chargeable therewith;
and shall thereupon enter on the records of the water services department an
order making and levying such assessments against the tracts.
(c) Corner lots. Corner lots shall be
assessed not more than one time. The amount of such assessment shall be
computed by the front foot rule as defined in this article, based upon the
linear front abutting the improvement that first provides full and adequate
water service, including fire protection, to the lot.
Sec.
78-248. Preparation of assessment roll.
After the director of the water services department
computes the applicable cost, the director shall submit to the finance
department the apportionment of the cost of the project as provided for in
sections 78-246 and 78-247. The finance department shall prepare a roll of all
lots or parcels of real estate to be so assessed, containing the name and
mailing address of the owner of each such lot or parcel, and a special tax
statement for each such lot or parcel.
Sec.
78-249. Assessment notice.
After the assessment roll and tax statements provided
for in section 78-248 have been certified by the director of the water services
department and delivered to the finance department, a copy of the tax statement
will be mailed by the finance department to each person whose name appears on
such roll.
Sec.
78-250. Payment of assessments; interest.
Full or partial payment of assessments under this article may be made
without interest during a 60-day period commencing with the date of issue of
such statement. The remaining principal will be spread over a payment period
not to exceed ten years, or such period of time as may be established in the
ordinance approving the project. The first annual installment will be due June
30 following the date of the statement, except that, if the date of
certification is between April 29 and July 1, the date of the first installment
shall be June 30 of the following year. Subsequent installments will be due on
June 30 of each year. Interest at six percent shall be computed on the first
installment to June 30 from the statement date, and to June 30 from the last
payment date on subsequent installments. Failure to make payment by June 30 of
each year will cause the entire unpaid principal to become due with delinquent
interest computed at seven percent from the last payment date, or from date of
issue if no payment has been made. Full payment of the total assessment,
principal and interest, for each respective lot, tract, or parcel must be made
prior to any ownership split or subdivision of said lot, tract, or parcel.
Reapportionment of these assessments to smaller parcels is prohibited. All
moneys received from this source shall be credited to the water fund.
Sec. 78-251. Assessment to constitute lien on property; collection of
delinquent
assessments.
Assessments under this article shall constitute the same liens upon the
real estate, and when delinquent shall be subject to collection in the same
manner, as provided for other public improvement special assessment projects
under state law, the City Charter, and the Code of Ordinances.
Sec. 78-252.
Connection with water main not permitted for property for which
assessments are delinquent.
No connection shall be permitted with any water main or appurtenances
constructed pursuant to the provisions of this article if at the time there is
outstanding a delinquent assessment for such water main improvement against the
real estate to be served by such connection.
Sec.
78-253. Contingent refund contracts when city funds not available.
(a) Generally. It is intended that water
system improvements constructed under this article will be financed from any
revenue bond fund of the water services department or from other funds of the
water services department, if available. When sufficient funds are in the
discretion of the director of the water services department not available to
finance construction of improvements under this article, the council may
authorize the director of the water services department to enter into a
contingent refund contract with an individual, firm or corporation, whereby
funds are advanced to the water services department to support construction of
a specific project, and whereby refunds will be made from assessments
collected, pursuant to this section.
(b) Applicability of special assessment
procedures. Projects funded under this section shall originate and comply
in all respects to the procedures set out in sections 78-241 to 78-252,
inclusive.
(c) Method of refund. All funds, principal
and interest, actually collected pursuant to this section shall be segregated
into a special account, and refund payment shall be made from such account
annually over the period of time stipulated in the contract. Such refund shall
be limited to the amount of all assessments and interest actually collected
during the year.
(d) Contract provisions. Such contracts shall
provide that:
(1) The individual, firm or corporation shall
pay the whole cost of such proposed project, exclusive of the cost of mains
over 12 inches in diameter.
(2) The city shall collect the delinquent
assessments pursuant to this section before permitting a connection to be made
to the line, serving the property for which the payment is delinquent.
(3) Such assessments which are collected
during a ten-year period, unless some other term is specified by council in its
authorizing ordinance, shall be paid over annually to such individual, firm or
corporation as reimbursement for monies advanced for construction.
Secs.
78-254—78-290. Reserved.
Chapter 78 - ARTICLE V. - BACKFLOW PREVENTION
Sec. 78-291. Purpose of article.
Sec. 78-292. Authority of director.
Sec. 78-293. Definitions.
Sec. 78-294. Compliance with article.
Sec. 78-295. New or existing
water connections.
Sec. 78-296. Other new water
connections.
Sec. 78-296.1. Lawn irrigation
systems.
Sec. 78-297. Inspections; correction of
violations.
Sec. 78-298. Permit; installation standards.
Sec. 78-299. Inspections and tests by user.
Sec. 78-300. Exemptions from article.
Sec. 78-301. Notice to install
backflow device; compliance with decisions of director.
Sec. 78-302. Compliance with
article—Additional penalties.
Sec.
78-291. Purpose of article.
The purpose of this article is to protect the public
potable water supply of the city by containing within the customer's internal
distribution system or the customer's private water system such contaminants or
pollutants that could backflow into the public water system.
Sec.
78-292. Authority of director.
The director of the water services department shall
administer this article. If in the judgment of the director in accordance with
the guidelines of this article an approved backflow prevention assembly is
required for the safety of the water system, the director or his or her
designated agent shall give notice in writing to such customer to install such
an approved backflow prevention assembly at specific locations on his or her
premises. The customer shall install such approved assembly at his or her own
expense within the time specified in the notice; and failure, refusal or
inability on the part of the customer to install, have tested and maintain such
assembly shall constitute grounds for discontinuing water service to the
premises until such requirements have been satisfactorily met.
Sec.
78-293. Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Auxiliary water supply means any water supply
on or available to the premises other than the city's approved public water
supply. These auxiliary waters may include water from another purveyor's public
potable water supply or any natural source, such as a well, spring, river,
stream, harbor and so forth; used waters; or industrial fluids.
Backflow means the undesirable reversal of
flow in a potable water distribution system as a result of a cross connection.
Backflow prevention assembly means an assembly
or means designed to prevent backflow. The approved types are as follows:
(1) Air gap means the unobstructed
vertical distance through the free atmosphere between the lowest opening from
any pipe or faucet conveying water or waste to a tank, plumbing fixture,
receptor or other assembly and the flood level rim of the receptacle. These
vertical physical separations must be at least twice the diameter of the water
supply outlet, and never less than one inch (25 millimeters).
(2) Reduced-pressure principle backflow
prevention assembly. The approved reduced-pressure principle backflow
prevention assembly consists of two independently acting approved check valves
together with a hydraulically operating, mechanically independent pressure
differential relief valve located between the check valves and below the first
check valve. These units are located between two tightly closing
resilient-seated shutoff valves as an assembly and equipped with properly
located resilient-seated test cocks.
(3) Double check valve assembly. The
approved double check valve assembly consists of two internally spring loaded
check valves, installed as a unit between two tightly closing resilient-seated
shutoff valves and fittings with properly located resilient-seated test cocks.
Contaminant means any foreign substance that degrades
the quality of the potable water supply or creates a health hazard.
Cross connection means a connection between
any part of a potable water system and any other fluids containing other
substances in a manner that, under any circumstances, would allow such
substances to enter the potable water system. Other substances may include
gases, liquids or solids, such as chemicals, waste products, steam, water from other
sources (potable or nonpotable), or any matter that may change the color or add
odor to the water.
Director means the director of the water
services department.
Industrial fluids means any fluids or solution
that may be chemically, biologically or otherwise contaminated or polluted in a
form or concentration that would constitute a health, system, pollution or
plumbing hazard if introduced into an approved water supply. This may include
but shall not be limited to polluted or contaminated waters; all types of
process waters and used waters originating from the public potable water system
that may have deteriorated in sanitary quality; chemicals in fluid form;
plating acids and alkalies; circulating cooling waters connected to an open
cooling tower; or cooling towers that are chemically or biologically treated or
stabilized with toxic substances; contaminated natural waters, such as wells,
springs, streams, rivers, bays, harbors, seas, irrigation canals or systems,
etc.; oils, gases, glycerin, paraffins, caustic and acid solutions; and other
liquid and gaseous fluids used in industrial or other purposes, including for
firefighting purposes.
Pollutant means any foreign substance in water
that tends to degrade its quality so as to constitute a nonhealth hazard or
impair the usefulness of the water.
Water, nonpotable means water that is not safe
for human consumption or that is of questionable quality.
Water, potable means water that is safe for
human consumption as described by the Safe Drinking Water Act (42 USC 300.f et
seq.).
Sec.
78-294. Compliance with article.
No water service connection to any premises shall be
installed or maintained unless the water supply is protected as required by
this article. Water service to any premises shall be discontinued by the
department if a backflow prevention assembly required by this article is not
installed, tested and maintained, or if it is found that a backflow prevention
assembly has been removed or bypassed, or if an unprotected cross connection
exists on the premises. Service will not be restored until such conditions or
defects are corrected.
Sec.
78-295. New or existing water connections.
The owner of any new or existing commercial and
industrial premises shall protect the public water system against backflow by
installing an approved device commensurate with the degree of hazard in the
non-fire service line, if the premises contain the following:
(1) Any auxiliary water supply that is not or
may not be of safe bacteriological or chemical quality and that is not
acceptable as an additional source by the water services department;
(2) Any industrial fluids or any other
objectionable substances that are handled in such a fashion as to create an
actual or potential hazard to the public water system; or premises where, in
the opinion of the director, an undue health threat is posed because of the
presence of toxic substances. This shall include the handling of process waters
and waters originating from the utility system that have been subject to deterioration
in quality; or
(3) Multiple internal cross connections; or
premises where entry to the necessary portions of the premises is not
accessible for inspection purposes, making it impossible to ascertain whether
or not dangerous cross connections exist.
Sec.
78-296. Other new water connections.
(a) New underground connections for irrigation
systems with facilities for introduction of chemical additives or with
equipment creating back pressure, must have an approved air gap separation or
an approved reduced-pressure principle backflow prevention assembly installed
in the line, in accordance with section 78-298
(b) New fire protection systems using chemical
additives must have an approved air gap separation or an approved
reduced-pressure principal backflow prevention assembly installed in the line
in accordance with section 78-298. New fire protection lines not using chemical
additives must have an approved double-check valve assembly installed in the
service line in accordance with section 78-298
(c) Major modifications or major additions to water
systems will be considered to be new service lines or systems for purposes of
this section.
Sec. 78-296.1.
Lawn irrigation systems.
New and existing irrigation systems without
facilities for injection of pesticides, herbicides or other chemicals must have
an approved double check valve assembly installed in accordance with section
78-298, with other provisions of this article, and with chapter 18, article V
"plumbing code." The backflow assembly may be installed between the
customer service line and the irrigation system.
Sec.
78-297. Inspections; correction of violations.
The customer's system should be open for inspection
at all reasonable times to authorized representatives of the water department
to determine whether cross connections or other structural or sanitary hazards,
including violations of this article, exist. When such a condition becomes
known, the director shall notify the consumer and give a reasonable period of
time to correct the condition.
Sec.
78-298. Permit; installation standards.
(a) A permit must be issued by the water services
department prior to the start of construction or modification of equipment
subject to this article.
(b) An air gap's discharge pipe shall terminate a
minimum of two pipe diameters of the discharge pipe above the flood level rim
of the receiving vessel. In no case shall the distance be less than one inch.
(c) A reduced-pressure principle assembly shall not
be installed upstream of a fire pump.
(d) Reduced-pressure principle backflow prevention
assemblies shall be installed with no plug or additional piping affixed to the
pressure differential relief valve port, except for specifically designed
funnel apparatus available from the manufacturer, and with the pressure
differential relief valve port a minimum of 12 inches above floor level.
Additionally, the assembly shall be installed at a location where any leakage
from the pressure differential relief valve port will be noticed, that allows
easy access to the assembly for maintenance and testing, and that will not
subject the assembly to flooding, excessive heat or freezing.
(e) Each backflow assembly shall be installed at a
location that allows easy access to the assembly for maintenance and testing
and that will not subject the assembly to excessive heat or freezing.
(f) Only those models of double-check valve
assemblies and reduced-pressure principle backflow prevention assemblies which
are on the approved list maintained by the state department of natural
resources are acceptable.
(g) Backflow prevention assemblies shall be
installed on the customer water system inside the wall immediately after the
meter, where the customer service line enters the building, but in all cases
before the first branch, except where such placement would violate the
requirement of subsection (c) of this section. Any deviations from this shall
be approved in advance by the department.
(h) No bypass piping shall be allowed around a
backflow prevention assembly unless the bypass is equipped with the same level
of protection.
Sec.
78-299. Inspections and tests by user.
It shall be the duty of the customer-user at any
premises where backflow prevention assemblies are installed to have certified
inspections and operational tests made at least once per year, as well as at
the time of construction or installation. In those instances where the water
services department deems the hazard to be great enough, certified inspections
may be required at more frequent intervals. These inspections and tests shall
be at the expense of the water user and shall be performed by a tester
certified by the state department of natural resources. These assemblies shall
be repaired, overhauled or replaced at the expense of the customer-user
whenever such assemblies are found to be defective. Records of such tests,
repairs and overhaul shall be mailed to and kept by the water department for a
period of five years. The report must be on an approved form and must contain
the name, signature and certificate number of the certified backflow prevention
assembly tester attesting to the compliance of the assembly with established
operational requirements. Routine reports shall be submitted within five days
after making the inspection or test.
Sec.
78-300. Exemptions from article.
(a) All presently installed backflow prevention
assemblies that do not meet the requirements of this article but were approved
assemblies for the purpose described in this article at the time of
installation, and that have been properly maintained, shall, except for the
inspection and maintenance requirements under section 78-299, be excluded from
the requirements of this article so long as the director is assured that they
will satisfactorily protect the utility system. Whenever the existing assembly
is moved from the present location or requires more than minimum maintenance,
or when the director finds that the maintenance constitutes a hazard to health,
the unit shall be replaced by an approved backflow prevention assembly meeting
the requirements of this section.
(b) The water services department may issue a letter
exempting a customer from the requirements of this article if the customer can
document to the satisfaction of the water services department that the
activities taking place at the customer's facility and the materials used in
connection with these activities or stored on the premises cannot endanger the
health of customers or degrade the water quality of the public water system. An
exemption shall be void if it is determined that the customer's facility has become
a backflow hazard. Those customers granted an exemption shall report to the
water services department any proposed change in process, plumbing or materials
used or stored at the exempted facility at least 14 days prior to making the
change.
Sec.
78-301. Notice to install backflow device; compliance with decisions of
director.
The director shall designate by regulation the types
of premises that generally will require a backflow device under this article
and shall issue any other regulations necessary to carry out the requirements
of this article. The director shall mail written notice to customers whose
premises fall within the designated categories in accordance with a schedule
set forth in the regulations. Each notice shall give the owner of the premises
a reasonable time period in which to install a backflow device, or to provide
evidence to the director that the particular premises does not require a
backflow device under this article. The owner may, within the allowed
timeframe, request a hearing before the director. The director may request
additional evidence and may inspect the premises before making a final
decision. The director will notify the owner of his final decision on the
necessity of a backflow prevention assembly for the particular premises. If a
device is required, the owner must install the device within 90 days of the
date of the director's final decision. If the owner has not installed the
device or commenced judicial action for review of the director's decision
within the 90-day period, the director may terminate water and sewer service to
the premises.
Sec.
78-302. Compliance with article—Additional penalties.
It shall be unlawful for the owner of any premises to
fail to install, or to fail to maintain, a backflow prevention device required
by this article. Each day's violation of, or failure, refusal or neglect to
comply with the requirements of this article shall constitute a separate and
distinct offense. Any person convicted of a violation of this section shall be
punished by a fine of not less than $50.00, but not more than $500.00.
_____________________________________________
Approved
as to form and legality:
_______________________________
Charlotte
Ferns
Assistant Ci ty Attorney