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A. This Chapter is promulgated pursuant to the statutory authority contained in this Chapter and Kansas Statutes Annotated, as amended.
B. The purpose of this Chapter is to establish an orderly and fair system whereby the operation, maintenance and replacement costs incurred by the City in treating and disposing of the sewage, industrial waste and other wastes generated by each user is charged to that user in proportion to his use of the sewage collection and treatment facilities of the City, as required by the Federal Water Pollution Control Act, amendments of 1972 (P.L. 92-500) and the Clean Water Act of 1977 (P.L. 95-217) and the rules and regulations of the United States Environmental Protection Agency, promulgated pursuant thereto. (Ord. 928, 3-6-1990)
For the purpose of this Chapter, the following definitions shall apply unless the context specifically indicates otherwise:
BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of dissolved oxygen required for biochemical oxidation of decomposable matter under aerobic conditions in a period of five (5) days at a temperature of twenty degrees Celsius (20°C).
CITY COUNCIL: The City Council of the City of Scott City, Kansas.
DISTRICT OR SANITARY DISTRICT: The sewer works or system of Scott City, Kansas, a unit of local government organized and existing under, and by virtue of, the laws of the State of Kansas.
INDUSTRIAL WASTE: Any solid, liquid or gaseous wastes, including cooling water resulting from any industrial, commercial or manufacturing process or from the development, recovery or processing of natural resources or wash water and other products in connection with petroleum transport vehicles.
LARGE COMMERCIAL-INDUSTRIAL USER: A nongovernmental, nonresidential user engaged in commercial or industrial activities which discharges any waste exceeding any of the following: a flow of twenty five thousand (25,000) gallons per day (94,625 liters per day), a BOD of twenty five (25) pounds per day (11.32 kilograms per day), or suspended solids of thirty five (35) pounds per day (15.88 kilograms per day), or discharges waste containing toxic, hazardous or injurious materials as defined in Appendix A (see Section 8-1-13 of this Chapter).
OPERATION, MAINTENANCE AND REPLACEMENT COSTS: The ratio of costs incurred by the Sanitary District for operations, maintenance and replacement directly related to the collection, treatment and disposal of industrial wastes, process wastes, other wastes and sanitary wastes to the total tax levy of the Sanitary District.
OTHER WASTES: All decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, chemicals and all other substances, except sewage and industrial wastes.
RESIDENTIAL USER: The nongovernmental nontax-exempt owner of any single- or multi-family dwelling unit, including trailers and trailer parks.
SANITARY WASTES: Water-carried human wastes from sanitary conveniences such as toilets, washbowls, bathtubs and residential laundry facilities.
SEWAGE: Water-carried human wastes or a combination of water- carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other wastes as may be present.
SMALL NONRESIDENTIAL COMMERCIAL INDUSTRIAL USER: A nongovernmental user engaged in nonresidential activities which discharges any waste not exceeding any of the following: a flow of twenty five thousand (25,000) gallons per day (94,625 liters per day), a BOD of twenty five (25) pounds per day (11.32 kilograms per day), or suspended solids of thirty five (35) pounds per day (15.88 kilograms per day), and which does not discharge waste containing toxic, hazardous or injurious materials as defined in Appendix A (see Section 8-1-14 of this Chapter).
SUPERINTENDENT OF PUBLIC WORKS: The Superintendent of Public Works of the sanitary sewer system of Scott City, Kansas.
SUSPENDED SOLIDS: Solids which either float on the surface or are in suspension in the waste discharge and which are removable by laboratory filtering.
TAX-EXEMPT USER: A user who pays no ad valorem taxes, or receives substantial credits in paying such taxes, including, but not limited to, users exempt from ad valorem taxes and all Federal, State and local government users, but excluding publicly owned facilities performing local governmental functions which discharge solely domestic waste.
TOXIC WASTES: Wastes from industrial and commercial sources which are toxic, hazardous or injurious to the sewage treatment process and which are identified in Appendix A (see Section 8-1-14 of this Chapter).
USER: Any person, firm, corporation, partnership, trust, place of business and place of use or any other entity which utilizes the services of the Sanitary District for sewage collection, treatment and disposal.
USER CHARGE (UC): The operations, maintenance and replacement costs incurred by the Sanitary District to collect, treat and dispose of the sanitary wastes, process wastes, industrial wastes and other wastes of the user. The user charge of any user shall be directly proportional to its use of the District's sewage treatment collection and disposal services when compared to the total operations, maintenance and replacement costs incurred by the District in providing the same services to all users in the District's jurisdiction.
USER SURCHARGE: The balance owed by a user remaining after deducting from the user charge, the operations, maintenance and replacement portion of the ad valorem taxes paid by the user for the Sanitary District. (1983 Code §§ 10-102, 10-103; amd. Ord. 928, 3-6-1990; 1998 Code)
The Sanitary District in the name of the City may sue to recover any and all amounts due and owing as provided herein and take such other and further action as may be necessary to recover all such sums due it hereunder, restrain any unlawful discharge and otherwise compel compliance with the provisions of this chapter. (Ord. 928, 3-6-1990)
Application to connect or utilize the city sewage collection and disposal system shall be on such form as is on file in the city office. If an application for connection is to property outside the corporate limits of the city, then such connection shall not be made until such time that the owners of such property consent in writing to the annexation thereof by the city pursuant to Kansas Statutes Annotated 12-519 et seq. (Ord. 1077, 6-18-2007)
The sewer rates established in this section shall apply to all users of the City of Scott City’s sewer system billed to customers after March 1, 2024.
A. Definitions:
1. Residential property shall include all forms of residences, apartment buildings, mobile homes and residential property units divided into apartment dwellings.
2. Business 1 shall include all motels/hotels, schools, fast food restaurants, restaurants, service stations, automotive repair, laundromats, grocery stores, butchers, hospitals, rest homes, food production or processing facilities.
3. Business 2 shall include all car washes.
4. Business 3 shall include all businesses not specified in the definition of Business 1 or Business 2.
B. The monthly sewerage rates to be charged and collected for the use of the services rendered by the sanitary sewer system of the City, and to all customers or users of said sewerage system whose premises are connected or may be hereafter connected directly or indirectly to the City’s sanitary sewerage system, shall be as follows:
1. Residential property Units. For each residence, home, mobile home, apartment, or other residential dwelling unit, sewer charges shall be $12.50 per month and $1.00 per one thousand (1,000) gallons of water per month. The City shall use the average water usage for the months of December, January and February, this average will be reassessed annually.
2. Business 1. The sewer rate for businesses defined as Business 1 shall be $25.50 per month and $1.00 per one thousand (1,000) gallons of water per month. The City shall use the average water usage for the months of December, January and February, this average will be reassessed annually.
3. Business 2. The sewer rate for businesses defined as Business 2 shall be $25.50 per month and $1.00 per one thousand (1,000) gallons of water per month. The City shall use the average water usage for the months of July, August and September, this average will be reassessed annually.
4. Business 3. The sewer rate for businesses defined as Business 3 shall be $12.50 per month and $1.00 per one thousand (1,000) gallons of water per month for the metered use. The City shall use the average water usage for the months of December, January and February, this average will be reassessed annually.
C. The total amount charged for sewer connections that are outside the corporate city limits shall be two (2) times the rates inside the corporate city limits. (Ord. 1261, 2-20-2024)
It shall be unlawful, except as herein provided, for any user to discharge sewage, industrial waste or other wastes into the sewers or sewage works of the sanitary district, or any sewer connected therein, unless such user shall pay to the sanitary district its user charge (UC) as hereinafter provided. (Ord. 928, 3-6-1990)
A. Annual Evaluation: Annually, the user, except residential users, shall make an evaluation of its waste discharge in accordance with the requirements of this chapter and determine its user classification status. Such determination shall be subject to verification by the sanitary district. (Ord. 928, 3-6-1990)
B. Submission: The user class determination shall be made by the user and submitted to the superintendent of public works on statement forms to be supplied by the sanitary district. Such user class determination shall be based on the user's current operation and usage. Users which have not previously filed their classification or which require a change in their classification must submit their class determination forms within thirty (30) days of said change in user classification status. (Ord. 928, 3-6-1990; amd. 1998 Code)
C. Small Nonresidential Commercial-Industrial Users: Small nonresidential commercial-industrial users, after the Sanitary District has verified their user class status, shall not file any further reports with the Sanitary District unless requested for the current year, except as specified in Section 8-1-9 of this Chapter.
D. Residential Users; Exempt From Reporting: Residential users who pay real estate taxes shall, under no circumstances, file any reports with the Sanitary District. (Ord. 928, 3-6-1990)
A. Required: Each "large commercial-industrial user", "small nonresidential commercial-industrial user" and "tax-exempt user", as defined in Section 8-1-2 of this Chapter, shall submit periodic certified statements to the Sanitary District, as provided herein, no more than twelve (12) times per year, certifying the quantities and concentrations of its sewage, industrial wastes and other wastes discharged into the sewers and sewage works of the Sanitary District, or into any sewer connected therewith. The quantity of flow reported shall be the quantity for each reporting period of operation and such reports shall also show that no hazardous or toxic waste is being discharged. A separate, certified statement must be filed for each facility, business establishment or industrial plant. The total quantities and concentrations of sewage, industrial waste and other wastes to be measured and certified by the user shall be:
1. Liquid in gallons (gal).
2. Five (5) day BOD in milligrams per liter (mg/l).
3. Suspended solids in milligrams per liter (mg/l).
Should inspection by the Sanitary District reveal that any statement of quantities or other information filed by a user does not accurately represent actual conditions, the Sanitary District shall adjust the quantities and information according to the Sanitary District's determinations.
B. Standards For Examination: Unless otherwise provided, all measurements, tests, sampling and analysis required hereunder, shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Waste Water, published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation.
1. Sampling Chamber:
a. In order to provide for accurate sampling and measurement of industrial wastes, each commercial-industrial user and tax-exempt user shall provide, on each of its outlet sewers, a large manhole or sampling chamber. The sampling chamber should be located outside or near its plant boundary line where feasible. The sampling chamber shall be available to the Sanitary District to permit access. There shall be ample room in or near each sampling chamber in order to accurately sample for analysis.
b. Such sampling chamber shall be constructed and in proper operation within six (6) months of the effective date hereof.
c. Equipment and facilities of the Sanitary District placed in a sampling chamber for the purpose of determining the quantity and/or strength of the user's sewer discharge or verification of a user's reports with respect thereto shall not be moved, tampered with, adjusted, relocated, removed or otherwise damaged by the user. The City shall have the right to waive strict compliance with the requirement of a sampling chamber, provided adequate provisions are made by user in lieu thereof.
2. Liquid Quantity Measurements: Each sampling chamber wherein flow proportioned sampling is or must be performed pursuant to the requirements of this Chapter shall contain an accurate flow-measuring device, such as a flume or weir. The City shall have the right to waive strict compliance with the requirement of a measuring device, provided adequate provisions are made by user in lieu thereof.
3. Sampling:
a. Minimum requirements for determining representative concentrations shall include reevaluation at least once during each calendar year period. The determination of representative concentrations shall be based on samples that are taken hourly, refrigerated and composited daily to be representative of the sewage, industrial waste or other wastes discharged by a user during normal daily operations. Users who reevaluate their discharge once during the calendar year shall apply the resulting representative concentrations to the entire year. Reevaluations of discharges by a user when made more than once per calendar year shall be reported and employed in a manner which most reasonably characterizes the user's discharge.
b. Commercial-industrial and tax-exempt users whose flow exceeds an annual average of two hundred thousand (200,000) gallons per day (757,000 liters per day) shall sample in proportion to flow for a period of consecutive days constituting one normal work week.
c. Commercial-industrial and tax-exempt users whose flow is two hundred thousand (200,000) gallons per day (757,000 liters per day) or less shall sample for a period of at least two (2) consecutive working days. (Ord. 928, 36-1990)
d. Large commercial-industrial and tax-exempt users with wide fluctuations in the quantity and/or concentrations of wastes shall have an automatic flow measurement device and an automatic sampler, with samples taken in proportion to flow, with analysis provided as required by the Sanitary District to be representative of sewage, industrial wastes or other wastes generated by a user during normal operations. The user or its authorized representative shall certify in writing that samples were taken in accordance with the foregoing requirements. The facilities for, and details of, frequency of sampling, sampling chamber, metering device, sampling methods, and analysis of samples shall be subject, at any time, to inspection and verification by the Sanitary District. Plans for sampling chambers, with their locations shown on site plan, shall be submitted for approval to the Superintendent of Public Works. (Ord. 928, 3-6-1990; amd. 1998 Code)
A. Specified: For the purpose of computing the user charge to be paid to the Sanitary District by the commercial-industrial users and the tax-exempt users, the following billing rates and factor shall be used by the Sanitary District:
1. Commercial-Industrial Users:
a. Solids or liquid wastes, fifteen dollars ($15.00) per month.
b. User shall further pay any and all laboratory fees and testing charges.
2. Nonresidential Commercial Users:
a. Solids or liquid wastes, fifteen dollars ($15.00) per month.
b. User shall further pay any and all laboratory fees and testing charges.
3. Tax-Exempt Users:
a. Solids or liquid wastes, fifteen dollars ($15.00) per month.
b. User shall further pay any and all laboratory fees and testing charges.
4. Operations, maintenance and replacement (OM&R) factor, 0.58. (Ord. 928, 3-6-1990)
B. Revision: The billing rates and the factor to be used in computing the user charge are subject to revision. Revisions may be made not more than once a year on recommendation of the Superintendent of Public Works and approval by the City Council. (Ord. 928, 3-6-1990; amd. 1998 Code)
A. Calculating User Surcharge: The user charge of each large commercial-industrial user and tax-exempt user and small nonresidential commercial user shall be calculated by the user by the table set forth in Section 8-1-10 of this Chapter.
B. Billing: The Sanitary District will bill tax-exempt users who elect to pay on an annual basis pursuant to subsection F of this Section for the user surcharge due. Any large commercial-industrial user which owes a user surcharge shall remit the amount of the user surcharge simultaneously with the certified statement. The Sanitary District shall also bill any user who is in any manner delinquent in the performance of its obligations under this Chapter. The billing frequency shall be not more than once per month, nor less than once per year. All such bills shall be due and payable twenty (20) days after the date thereof. The Sanitary District reserves the right to bill delinquent users based on estimated quantities.
C. Interest: Interest at the rate of seventy-five one-hundredths percent (0.75%) per month or for any fraction thereof shall be added to any overdue payments. Such interest shall accrue from the date any remittance was due until the same is paid. Interest shall not be charged upon previously assessed and unpaid interest.
D. Reevaluation Of Remitted Amounts; Additional Bills: The Sanitary District shall reevaluate any and all data and certified statements submitted to it by a user pursuant to this Chapter, reevaluate its own data, call for more data or develop additional data as it deems necessary and subsequently bill the user for any deficiency indicated as due thereafter. The transmittal of any bill to a user shall not stop the District from rebilling for any deficiency determined to exist due to any subsequent reevaluation.
E. Residential Users: Users in this case shall under no circumstances be billed by the Sanitary District, nor be liable to pay user surcharge under this Section.
F. Tax-Exempt Users Reporting Option: Tax-exempt users whose sewer discharge does not exceed:
1. A flow of twenty five thousand (25,000) gallons per day (94,625 liters per day); and
2. A BOD of twenty five (25) pounds per day (11.32 kilograms per day); and (Ord. 928, 3-6-1990)
3. A suspended solids of thirty five (35) pounds per day (15.88 kilograms per day); and whose sewer discharge does not contain toxic, hazardous or injurious materials as defined in Appendix A (see Section 8-1-14 of this Chapter), may petition the Sanitary District, in writing, to report and pay its user surcharge annually on the basis of Sanitary District approved estimates for flow or water meter readings, if available, BOD concentrations at 119 mg/l and suspended solids concentrations at 168 mg/l. Tax-exempt users which are not authorized to use this option shall report in accordance with subsection 8-1-9B3 of this Chapter. A user's petition hereunder shall be submitted to the Sanitary District with the filing of the annual certified statement. Such petitions may be granted or denied upon such reasonable terms and conditions as may be determined by the Sanitary District. (Ord. 928, 3-6-1990; amd. 1998 Code)
G. Adequate Measurement Facilities Option: Users presently without adequate individual facilities for the measurement of wastes as required in Section 8-1-9 of this Chapter must, during the period of construction of such facilities, file with the Sanitary District reasonable estimates of concentrations of BOD and suspended solids until such time as adequate facilities for measurement are installed; provided, that the following requirements are met:
1. The user files its election annually by January 1 or the first regular business day thereafter, of the current year; (Ord. 928, 3-6-1990)
2. The Superintendent of Public Works approves the estimated concentrations;
3. Volume of flow used for reporting quantities must be based on measured water use by the user;
4. The estimated concentration must be used throughout the year;
5. A date approved by the Superintendent of Public Works for the completion of measurement and sampling facilities, as required in Section 8-1-9 of this Chapter, must be given; (Ord. 928, 3-6-1990; amd. 1998 Code)
6. Upon completion of the measurement and sampling facilities, a sampling program, as described in Section 8-1-9 of this Chapter, must be instituted. The results of this sampling program will be used to calculate the user charge liability during the period covered by the election filing;
7. If the results of the sampling program (as mentioned in subsection G6 of this Section) show that the user charge liability of the company is greater than the amount estimated during the election filing period, the user shall pay the Sanitary District the additional user charge surcharge within ninety (90) days of the measurement and sampling facilities completion date. If the results of the sampling program show that the user's user charge liability is less than the amount estimated during the election filing period, the Sanitary District will credit the overcharge to the company's future user charge liability; and
8. If the user fails to pay the additional user charge liability as set forth in the foregoing subsection G7 of this Section within the ninety (90) day period, the Sanitary District will assess interest as described in subsection C of this Section. (Ord. 928, 3-6-1990)
A. Appeal To Superintendent Of Public Works: In the event that any user subject to this Chapter wishes to be heard regarding the amounts billed, its user classification or any other matters relating thereto, such user shall make a detailed written request to the Superintendent of Public Works to be heard, specifying the reasons therefor. The Superintendent of Public Works shall answer the request in writing and may schedule a meeting to meet with the user. The Superintendent of Public Works shall attempt to resolve any bona fide claims, disputes or inquiries which the user may have. All determinations made by the Superintendent of Public Works shall be reduced to writing and a copy thereof transmitted to the user.
B. Appeal To City Council: In the event the user does not concur with the determination of the Superintendent of Public Works, he may petition the City Council for a hearing. All such requests for a hearing by the City Council shall be made within thirty (30) days after receipt of the determination by the Superintendent of Public Works. The City Council, at their discretion, may agree or decline to entertain such petitions for appeal. The hearing on such petitions for appeal shall be heard by the City Council itself or by such persons as it may designate. Where such an appeal hearing is conducted by the designee of the City Council, the designated appeals officer shall submit a written report of findings to the City Council with respect to such appeal. All appeal hearings before the City Council shall be concluded as soon as practicable. (Ord. 928, 3-6-1990; amd. 1998 Code)
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