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

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

(a)   BOD (denoting Biochemical Oxygen Demand) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days of 20°C, expressed in milligrams per liter.

(b)   Building Drain - That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

(c)   Building Sewer - The extension from the building drain to the public sewer or other place of disposal.

(d)   Combined Sewer - A sewer receiving both surface runoff and sewage.

(e)   Garbage - Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(f)    Industrial Waste - Liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(g)   Natural Outlet - Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(h)   Operation and Maintenance - All expenditures during the useful life of the treatment facilities for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment facilities to achieve the capacity and performance for which such facilities were designed and constructed.

(i)    pH - The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(j)    Properly Shredded Garbage - Wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

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

(l)    Replacement - Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment facilities to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

(m)  Sanitary Sewer - A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

(n)   Sewage - 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.

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

(p)   Sewage Works - All facilities for collecting, pumping, treating and disposing of sewage.

(q)   Sewer - A pipe or conduit for carrying sewage.

(r)    Shall is mandatory; May is permissive.

(s)    Slug - any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

(t)    Storm Drain (sometimes termed storm sewer) - a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(u)   Superintendent - the city superintendent of the City of Anthony, or his or her authorized deputy, agent, or representative.

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

(w)  Treatment Facilities - Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities, any works including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

(x)   User Charge - That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

(y)   Water Meter - A water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.

(z)   Watercourse - A channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 2686; Code 2007)

(a)   The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement associated with financing the treatment facilities which the city may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment facilities shall be established.

(b)   That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in section 16-439 of the city code shall be deposited in separate non-lapsing funds known as the wastewater or sewer fund, which is designated for the specific purpose of defraying operating and maintenance costs (excluding replacement) of the treatment facilities, and the wastewater or sewer equipment replacement fund, which is designated for the specific purpose of ensuring replacement needs over the useful life of the treatment facilities (replacement fund). Deposits in the replacement fund shall be made monthly from the wastewater or sewer fund in the amount of $7,500 annually.

(c)   Fiscal year end balances in the wastewater or sewer fund and the wastewater or sewer equipment replacement fund shall be carried over to the same funds in the subsequent fiscal year, and shall be used for no other purposes than those designated for these funds.

(d)   The city will review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and debt retirement, and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

(Ord. 2686, Code 2007)

It shall be unlawful for any person to:

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

(b)   Discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(c)   Except as hereinafter provided, to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Sewage or wastewater of any type or at any level of treatment that is placed, deposited or permitted to be disposed of on the surface of any property, whether public or private property, shall be deemed to be an immediate health hazard to the citizens of the community and shall be ceased immediately. Clean-up of any accidental leakage or spill shall be approved and monitored by the Health Officer of the City of Anthony. Connections to the city sewer system that are not determined to be functioning as designed and thereby cause surfacing of raw sewage shall result in immediate disconnection of water service to prevent farther wastewater production. Water service may be reconnected by the city after corrective action has been taken by the property owner or occupant and such actions have been inspected and approved by the city inspector.

(Ord. 2552; Ord. 2791; Code 2016)

The owner of all houses, building, or properties used for human employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may be in the future be located a public sanitary or combined sewer of the city, is hereby required at the owner’s expense to install suitable toilet utilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 300 feet of the property line. Notice shall be by United States mail deposited as restricted material to the last known address of such owner.

(Ord. 2552; Code 2007)

If any person or persons, shall fail, neglect or refuse to so connect any building or buildings with the sewer system as herein provided for, for more than 10 days after the expiration of said 90 days after being notified in writing by the board of health or governing body of the city to do so, the city may cause such buildings to be connected with the sewer system, or may advertise for bids for the construction and making of such sewer connections, and contract therefor with the lowest responsible bidder or bidders. The costs and expense of making the connection shall be assessed against the property and premises so connected in the manner provided by law. All costs incurred by the city under the provisions of this section may be financed, until the assessment is paid, out of the general fund or by the issuance of no-fund warrants.

(Ord. 2552)

Where a public sanitary or combined sewer is not available under the provisions of section 16-403, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. 2552)

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of $25.00 shall be paid to the city at the time the application is filed.

(Ord. 2552)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintendent shall be allowed to inspect the work at any state of construction. The applicant for the permit shall notify the superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent. Said notice shall be given by written notice delivered by United States mail to the Office of the Superintendent, 124 South Bluff, Anthony, Kansas 67003.

(Ord. 2552)

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health and Environment of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the flow is less than 90,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. 2552)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 16-403, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material subject to approval by the superintendent.

(Ord. 2552)

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

(Ord. 2552)

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

(Ord. 2552)

When a public sewer becomes available, the building sewer shall be connected to said sewer within 90 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel and dirt. The owner of said building shall be liable for sewer service charges at the rates established for like structures at the expiration of 90 days or connection, whichever is earlier.

(Ord. 2552)

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

(Ord. 2552)

There shall be two classes of building sewer permits:

(a)   For residential and commercial service, and

(b)   For service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $35.00 for a residential or commercial building sewer permit and $40.00 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

(Ord. 2552)

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

(Ord. 2552)

A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 2552)

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

(Ord. 2552)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and S.P.C.F. Manual of Practice No. 9 shall apply.

(Ord. 2552)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings, in which any building’s drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be fitted by an approved means and discharged to the building sewer.

(Ord. 2552)

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. The Uniform Building and Plumbing Codes as adopted by the city shall be applicable to this section.

(Ord. 2552)

The applicant for the building sewer permit shall notify the superintendent in person or by United States mail, given or delivered to the superintendent’s office at 124 South Bluff, Anthony, Kansas when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his or her representative.

(Ord. 2552)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(Ord. 2552)

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(Ord. 2552)

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.

(Ord. 2552)

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

(a)   Any gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid, solid, or gas.

(b)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/1 as CN in the wastes as discharged to the public sewer.

(c)   Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structure, equipment and personnel or the sewage works.

(d)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such s, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

(e)   Any waters or wastes having (1) a five-day BOD greater than 300 parts per million by weight, or, (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at the owner’s expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans and specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

(Ord. 2552)

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger the life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.

The substances prohibited are:

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

(b)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperature between 32 and 150°F (0 and 65°C).

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

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

(e)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.

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

(g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

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

(i)    Materials which exert or cause:

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

(2)   Excessive discoloration (such as, but not limited to, dye wastes, and vegetable tanning solutions).

(3)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4)   Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(j)    Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degrees that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(Ord. 2552)

(a)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 16-426 and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:

(1)   Reject the wastes,

(2)   Require pretreatment to an acceptable condition for discharge to the public sewers,

(3)   Require control over the quantities and rates of discharge, and/or,

(4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 16-432.

(b)   If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 2552)

Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 2552)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuous in satisfactory and effective operation by the owner at the owner’s expense.

(Ord. 2552)

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at the owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all times.

(Ord. 2552)

All measurements, test, and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken.)

Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composites of all outfalls whereas pH’s are determined from periodic grab samples.

(Ord. 2552)

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city or any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

(Ord. 2552)

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to being charged under the Laws of Kansas, applying to damage and/or destruction of public property.

(Ord. 2552)

(a)   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b)   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 2552)

While performing the necessary work on private properties referred to in section 16-433, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 16-429.

(Ord. 2552)

Any person found to be violating any provision of this article except section 16-433 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, pe1manently cease all violations. Said notice is to be served by personal service, upon the owner or occupant by the Health Officer of the City of Anthony or his or her designated agent, or may lie sent by United States mail deposited as restricted material addressed to such person at said person’s last known address. Violations shall terminate within 24 hours after receipt of said notice or refusal to receive such notice and attempted delivery by United States postal authorities. If an immediate health hazard has been determined by the City Health Officer in accordance with section 16-403 of this code, water service shall immediately be discontinued in order to prevent further production of wastewater. Water service may be reestablished once the violations have been corrected, inspected and approved by the city inspector.

(Ord. 2552; Ord. 2791; Code 2016)

Any person who shall continue any violation beyond the time limit provided for in section 16-435, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100.00 for each violation.

Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

(Ord. 2552)

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

(Ord. 2552)

(a)   Residential: single family residential unit; mobile home used and occupied as a residential unit; each family unit of multi-family residential duplexes (two apartments) and designated housing areas within the city.

        Minimum Monthly Charge: $26.00 per month per meter, beginning with billing due in October of 2015.

Minimum monthly charge is hereby designated for operation and maintenance (including replacement) funding; the remainder is hereby designated for debt retirement. The raise of base rate to cover loan amount and additional amount is required to cover additional expenses.

(b)   Commercial: rooming houses; special housing; nursing homes; apartment complexes; trailer courts; hotels & motels; mortuaries; hospitals; professional services offices; business offices; banks; restaurants & cafes; grocery stores; retail & convenience stores; drug & sundry stores; barber shops; beauty parlors; dry cleaners; commercial laundries; implement dealers; filling stations; garages; machine & repair shops; car washes; drive-ins; lodges; pool halls & beer parlors.

        Minimum Monthly Charge: $54.00 per month per meter, beginning with billing due in October of 2015, including an additional charge of $5.25 for each rental space, each rooming house rental room, each motel or hotel room and each actual space occupied during the month for each trailer and mobile home court that has individual metering points for each stall.

        Minimum monthly charge is hereby designated for operation and maintenance (including replacement) funding; the remainder is hereby designated for debt retirement. The raise of base rate to cover loan amount and additional amount as required to cover additional expenses.

(c)   Institutional: Post Office; Harper County jail, shop, health department & courthouse; State highway shop; each building of public schools; libraries; churches; museums.

        Minimum Monthly Charge: $78.00 per month per meter, beginning with billing due in October of 2015.

        Minimum monthly charge is hereby designated for operation and maintenance (including replacement) funding; the remainder is hereby designated for debt retirement. The raise of base rate to cover loan amount and additional amount is required to cover additional expenses.

(d)   In addition to the minimum monthly charges each contributor shall pay a monthly sewer service charge of $4.00 per 1,000 gallons contributed, beginning with billing due in October of 2015 designated for operation and maintenance (including replacement) funding and for debt retirement.

The above user charge rates established in this article apply to all users of the City’s treatment facilities, regardless of their location. Each user shall pay for the services provided by the City based on their use of the treatment facilities as determined by water meters acceptable to the City. For each user, except trailer and mobile home park users, monthly user charges will be based on average monthly water usage during the months of January, February, and March. If a contributor has not established a January, February, and March average, their monthly user charge shall be the median charge of all other contributors of like nature and size as determined by the City until such time as an average as specified can be established.

For trailer and mobile home park users, the user’s charges on water will be based on the actual water used during the current month.

Provided: In addition to trailer and mobile home park users, for other users whose non­consumptive water usage (i.e. water which is returned to the wastewater collection system) typically vary significantly during the year (e.g. seasonally), the City reserves the right to base these users’ charges on water used during the current month.

(e)   The user charge rates established in this Article apply to all users, regardless of their location.

(Ord. 2689; Ord. 2693; Ord. 2719; Ord. 2728; Ord. 2750; Ord. 2817; Ord. G-2821; Code 2016)

(Ord. 2674; Code 2007; Ord. 2817; Code 2016)

Any person having a license to clean septic tanks and to haul and dispose of raw sewage in Harper County, Kansas, and being in full and complete compliance with the requirements established by the City of Anthony and the Harper County Department of Health for the removal, transportation, and disposition of sewage shall, upon payment of the fees hereinafter provided, be permitted to dump and dispose of raw sewage at the City of Anthony Wastewater Plant between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday of each week (not including legal holidays) at such place and in such manner as shall be prescribed by the city superintendent of the city, or his or her duly authorized agent and in compliance with the requirements established by the City of Anthony and the Harper County Department of Health for the removal, transportation, and disposition of sewage.

(Code 1995)

For the disposal of the sewage as herein above provided there shall be paid and collected the following fees:

(a)   Minimum charge per load up to and including 500 gallons of sewage - $15.00.

(b)   In excess of 500 gallons of sewage per load, per gallon - $0.03 for County residents; $0.05 for out-of-county State of Kansas residents and $0.10 for out-of-state of Kansas residents.

(Code 1995)

The city shall have the right to refuse to permit any person who is in violation of the provisions of this article or the requirements established by the City of Anthony and the Harper County Department of Health for the removal, transportation and disposition of sewage, or who has in the past dumped or disposed of sewage at the City of Anthony Wastewater Plant in violation of this article or the requirements of the City of Anthony and the Harper County Department of Health, to dump or dispose of sewage at the City of Anthony Wastewater Plant.

(Code 1995)

The city clerk will have no authority to remit or diminish the monthly user charge for any user, except for the following:

(a)   To make corrections as necessary for errors in metering, billing, or when receiving payments;

(b)   If leaks occur in the buried portion of the water line between the meter and the building occupied during the three-month period used to establish that user’s monthly average and such leaks are verified by the water superintendent, the city clerk may adjust such user’s monthly average of gallons of water consumed when determining the monthly use charge.

(Ord. 2686; Code 2007)

In the event any person liable for the payment of such charges fails or refuses to pay the same, such charges shall constitute a lien upon the real estate served by the connection to the sewer and shall be certified by the city clerk to the county clerk of Harper County, Kansas, to be placed on the tax roll for collection subject to the same penalties and collected in the same manner as other taxes are by law collectible and in addition thereto, the city clerk shall be authorized to refuse the delivery of water through the pipes and mains to the delinquent person or premises until such time as all charges are fully paid.

(Ord. 2686; Code 2007)