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CHAPTER XV. UTILITIES

                         

                                                                                    Article 1. Electric Service

                                                                                    Article 2. Water Service

                                                                                    Article 3. Water Conservation

                                                                                    Article 4. Cross‑Connections

                                                            Article 5. Sewer Regulations and Connections

                                                                                    Article 6. Small Wind energy Conversion Systems

                                                                                    Article 7. Net Metering

 

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                 ARTICLE 1. ELECTRIC SERVICE

                         

                        15‑101.                        DEFINITIONS. For the purposes of this article, the following rules of construction and definitions shall apply.

                                                            (a) The word city refers to the City of Hugoton, Kansas.

                                                            (b) The words shall and will are mandatory.

                                                            (c) ASHRAE refers to the American Society of Heating, Refrigerating and Air-conditioning Engineers, Inc., of New York, New York.

                                                            (d) BTUs means British Thermal Units.

                                                            (e) SEER means Seasonal Energy Efficiency Ratio, the ratio of net cooling output in BTUs/hr. to total electric energy input in watt-hours.

                                                            (f) Heated space shall mean that space within a building which is provided with a positive heat supply having a connected output capacity in excess of 10 BTUs/hr. per square foot.

                                                            (g) New commercial building shall mean any building used to provide, at wholesale or retail, storage, services, supplies, goods or products to the public, other than a building used for the purpose of manufacturing raw material into a finished product, but shall not be construed to apply to any such building whose foundation has been completed by the effective date of Ordinance No. 475. (Ord. 475, Sec. 1)

 

                        15‑102.                        SAME. (a) New residential dwelling shall mean all new hotels, motels, apartment houses, lodging houses, private homes and other residential dwellings. This definition shall apply to buildings of mixed occupancy.

                                                             (b) Owner shall mean a person, as defined herein, holding legal title to the residential dwelling or commercial building.

                                                            (c) Person shall mean any individual, individuals, corporation, partnership, unincorporated association or other business organization, committee, board, trustee, receiver or agent.

                                                            (d) City utility shall mean the electric system operated by the city. (Ord. 475, Sec. 1)

 

                       15‑103.                        CERTIFICATE OF COMPLIANCE. No connections or attachments of service to new residential dwellings or new commercial buildings shall be made by a city utility until such utility has received a certificate of compliance from the owner that the residential dwelling or commercial building meets the standards set forth in sections 15‑104 and 15‑105. Such certificate of compliance shall include supporting statements from the architect and/or contractor, if either or both such persons were employed in the design and construction of the new residential dwelling or new commercial building. Receipt by the city utility of such certificate of compliance shall be required for permanent utility service. (Ord. 475, Sec. 2)

 

                       15‑104.                        STANDARDS. Certificates of compliance required by section 15‑103 of this article shall certify that the following heating and cooling standards have been met where applicable:

                                                            (a) New residential dwellings shall be constructed so the total heat loss, based on the ASHRAE Handbook of Fundamentals does not exceed 35 BTUs per square foot per hour of heated floor area of finished living space, at a design temperature differential of 80 degrees Fahrenheit with a maximum of 1 1/2 air changes per hour.

                                                            (b) New commercial buildings shall be constructed so heat transmission loss of heated areas, based on the ASHRAE Handbook of Fundamentals, does not exceed 35 BTUs per square foot per hour of floor area based on a design temperature differential of 80 degrees Fahrenheit. (Ord. 475, Sec. 3)

 

                        15‑105.                        SAME. (a) The SEER of all air conditioners in new residential dwellings and new commercial buildings shall be not less than 14.5. The EER of heat pumps in such structures shall be not less than 13.5.

                                                            (b) In the case of a new residential dwelling or new commercial building which is heated and/or cooled in only a portion of the structure, the requirements of this section shall apply only to the heated and/or cooled portion of the structure. (Ord. 475, Sec. 3)

 

                        15‑106.                        ELECTRIC SERVICE WIRING UNDER CONTROL OF CITY. The city shall have charge of all wiring and wire up to and including meters from main lines. All power lines in the alleys and on streets shall be under the jurisdiction of the city's authorized agent. It shall be unlawful for any person to manipulate any wire or wiring from house service entrance to main line or any main line without order from the electric system supervisor. (Code 1971)

 

                       15‑107.                        WIRING STANDARDS. All wiring used for electric current whether in buildings or otherwise within the city shall be done and constructed in compliance with standard requirements of the National Electrical Code for electric wiring and apparatus and the electrical code of the city. (Code 1971)

                                                            Ref.: For the incorporation of the National Electrical Code see section (4‑401 of this code.

 

15-108.                        ELECTRIC SERVICE.  The city will extend the service drop(s) and furnish the meters and meter box(es) at its expense. The service connection(s) past the service drop shall be made by a licensed electrician at the cost of the owner.

 

                       15‑109.                        SEPARATE ELECTRIC SERVICE; EXCEPTIONS. It shall be unlawful for any person to connect more than one residence or place of business to the same electric line without having the individual residence or business property metered by separate meters, or without first having secured written consent from the governing body. The owners of apartment houses, trailer house camps or parks, or other multiple residence units shall have the option of receiving electric service metered by separate meter for each apartment, trailer house, or unit at the domestic rates for electric service or of receiving such service available at rates for commercial service through one meter after having secured the consent of the electric system supervisor. (Code 1971)

 

                        15-110.                        METER DEPOSIT.  For new customers or prior customers with a payment history of penalties within a twelve-month period, a meter deposit to secure payment of the monthly bill is required.  For residences, the deposit shall in no event be less than $100.  For businesses, the deposit is based on two and one-half times the average monthly bill when such history is available.  The meter deposit is refunded on the monthly bill after a twelve-month period without penalties or applied to the customer’s final bill.  (Code 2011)

 

                       15‑111.                        METERS. The city shall have access to all meters at all reasonable hours. Each individual meter reading will be the basis of charge regardless of the number of meters. (Code 1971)

 

ELECTRIC SERVICE RATE SCHEDULES

Schedule R‑2008. City Residential ‑ Lighting and General Appliance Service.

 

                        15‑112.                        ELECTRIC SERVICE; AVAILABILITY. (a) All territory serviced by the City of Hugoton. For all electrical service supplied to one (1) metering point, and to be used exclusively for domestic purposes. Service is for exclusive use of the customer, and is not to be resold or shared with others.

                                                            (b) Where two (2) or more dwelling units such as duplexes, apartments, and mobile homes, each having separate kitchen facilities, are served through one (1) meter, Schedule R‑2015 may be applied by multiplying the KWH blocks by number of dwelling units served, or at the option of the City, Schedule CSP‑2015 will be applied.

                                                            (c) Where more than four (4) rooms in a residence are rented, or are available for rent, such residences shall be considered as commercial rooming houses and billed on Schedule CSP‑2015.

                                                            (d) Residential Schedule R‑2015 is not available to residential premises used for commercial purposes; however, if the customers wiring is so arranged that electric service for domestic and non‑domestic purposes can be metered separately, then Schedule R‑2015 applies to that portion used for domestic purposes. (Ord. 820, Sec. 1)

 

                       15‑113.                        SAME; CHARACTER OF SERVICE. Alternating current, single phase, approximately 60 cycles, and at voltage the City has available for services required. (Ord. 820, Sec. 1)

 

                        15‑114.                        SAME; RATE SCHEDULE ‑ Inside city limits.

                                                            (a) Customer Charge: Eight dollars and 95 cents ($8.95) per month.

                                                            (b) Monthly Rate: 11.70 cents per KWH.

                                                (Ord. 820, Sec. 1)

 

                        15.115.                        SAME; RATE SCHEDULE‑Outside city limits.

                                                            (a) Customer Charge: Eight dollars and 95 cents ($8.95) per month

                                                            (b) Monthly Rate: 12.70 cents per KWH.

                                                (Ord. 820, Sec. 1)

Schedule CSP‑2015. Commercial and Small Power Service.

 

                       15‑116.                        AVAILABILITY. All territory served by the City of Hugoton. For electric service supplied to one (1) customer through one (1) meter. Service to customer at one location may, at the option of the City, be measured by more than one meter, in which case the readings of the several meters shall be combined for billing purposes. Service is for exclusive use of customer, and is not to be resold or shared with others. (Ord. 820, Sec. I)

 

                       15‑117.                        SAME; CHARACTER OF SERVICE. Alternating current, approximately 60 cycles, single phase or three phase, 120/240 volts, 4‑wire delta, 120/208 volts, 4‑wire wye, 240 volts, 3‑wire delta, or at the voltage and phase the City has available for service required. (Ord. 820, Sec. 1)

 

                        15‑118.                        SAME; RATE SCHEDULE ‑ Inside city limits.

                                                            (a) Customer Charge Single Phase: Eight dollars and 95 cents ($8.95) per month.

                                                            Monthly Rate: 11.70 cents per KWH.

                                                            (b) Customer Charge Three Phase:  Seventeen dollars and 35 cents ($17.35) per month.

                                                            Monthly Rate: 11.90 cents per KWH.

                                                           (c) Customer charge – Large Power (75 KvA or more of transformer capacity): Forty-seven dollars and 25 cents($47.25) per month.

                                                            Demand charge: $8.15 per KW.

                                                            Monthly Rate: 8.40 cents per KWH.

                                                (Ord. 820, Sec. 1)

 

                        15‑119.                        SAME; RATE SCHEDULE ‑ Outside city limits.

                                                            (a) Customer Charge Single Phase: Eight dollars and 95 cents ($8.95) per month.

                                                            Monthly Rate: 12.70 cents per KWH.

                                                            (b) Customer Charge Three Phase:  Seventeen dollars and 35 cents ($17.35) per month.

                                                            Monthly Rate: 12.90 cents per KWH.

                                                            (c) Customer Charge – Large Power (75 KvA or more of transformer capacity): Forty-seven dollars and 25 cents ($47.25) per month.

                                                            Demand Charge: $8.15 per KW.      

                                                            Monthly Rate: 9.40 cents per KWH.

                                                            (Ord 820, Sec. 1)

Schedule AEH‑2015. All Electric Home.

 

                       15‑120.                        AVAILABILITY. (a) All territory served by the City of Hugoton. For all electric service supplied to one (1) customer through one (1) metering point and to be used exclusively for residential purposes. To qualify as an All Electric Home, electricity shall be the only source of energy at the service location and the customer's connected heating load shall be permanently installed and regularly used for all space heating requirements. Service is for exclusive use of customer, and is not to be resold or shared with others.

                                                            (b) Application of Schedule AEH‑2015 is at the option and responsibility of the customer. The customer shall notify the city that he or she is a bona fide All Electric Home Customer, and after inspection and approval by the city inspector, Schedule AEH‑2015 shall be applied on the next regular billing period.

                                                            (c) Each dwelling unit meeting the requirements of the Schedule AEH‑2015 shall be served through one (1) meter.

                                                            (d) Residential Schedule AEH‑2015 is not available to residential premises used for commercial purposes; however, if the customer's wiring is so arranged that electric service for residential and non‑residential purposes can be metered separately, then Schedule AEH‑2015 applies to that portion used for residential purposes. (Ord. 820, Sec. 1)

 

                       15‑121.                        SAME; CHARACTER OF SERVICE. Alternating current, single phase, approximately 60 cycles, and at voltage the City has available for service required. (Ord. 820, Sec. 1)

 

                        15‑122.                        SAME; RATE SCHEDULE ‑ Inside city limits

                                                            (a) Customer Charge: Eight dollars and 95 cents ($8.95) per month.

                        In the event the customer orders a disconnection and reconnection of electric service at the same premises within a period of twelve (12) months, the City may collect as a reconnection charge the sum of such minimum bills as would have accrued during period of disconnection.

                                                            Monthly Rate: 11.05 cents per KWH.

                                                (Ord. 820, Sec. 1)

 

                        15‑123.                        RATE SCHEDULE ‑ Outside city limits.

                                                            (a) Customer Charge: Eight dollars and 95 cents ($8.95) per month.

                                                In the event that customer orders a disconnection and reconnection of electric service at the same premises within a period of twelve (12) months, the City may collect as a reconnection charge the sum of such minimum bills as would have accrued during period of disconnection.

                                                            Monthly Rate: 12.05 cents per KWH.

                                                (Ord. 820, Sec. 1)

 

                       15‑124.                        NEW OR EXPANDING INDUSTRIAL CUSTOMERS AVAILABILITY. (a) All territory served by the city. For all electric service supplied to one (1) customer through one (1) metering point, and whose minimum energy consumption must be greater than 30,000 kWh of electricity per month, but whose billing demand is not over 500 kW per month.

                                                            (b) Rate schedule GSI‑2015 shall only be available to new industrial customers, or to existing industrial customers who have completed a substantial plant expansion program, and whose initial or expanded employment is not less than 15 fulltime employees.

                                                            (c) Rate schedule GSI‑2015 shall be effective for the first 24 months after the city approves the customer's application for service under rate schedule GSI‑2015. Existing industrial customers qualifying for this rate shall be billed at their current rate and receive a refund at the end of 12 months based on the increased capacity (kW) and energy (kWh) for the 12 month period immediately preceding the date eligibility is approved for GSI‑2015. Electric rate SCHEDULE GSI-2015 shall automatically expire after 24 monthly billings and customer charges shall be based on monthly utility billings under the appropriate rate schedule.

                                                            (d) An industrial customer is defined as one who creates economic wealth through a manufacturing process. (Ord. 820, Sec. 1)

 

                       15‑125.                        SAME; CHARACTER OF SERVICE. Alternating current, approximately 60 cycles, single phase or three phase, 120/240 volts, 4‑wire delta, 120/208 volts, 40 wire wye, 240 volts, 3‑wire delta, or at the voltage and phase the city has available for service required. (Ord. 820, Sec. 1)

 

                        15‑126.                        SAME; RATE SCHEDULE. Inside city limits.

                                                            Customer Charge: Forty-seven dollars and 25 cents ($47.25) per month.

                                                            Demand Charge: $8.15 per Kw.

                                                            Monthly Rate: 7.40 cents per kWh (Ord. 820, Sec. 1)

 

                        15-126a.                      SAME: RATE SCHEDULE.  Outside city limits

                                                            Customer Charge: Forty-seven dollars and 25 cents ($47.25) per month.

                                                            Demand Charge: $8.15 per Kw.

                                                            Monthly Rate: 8.40 cents per kWh (Ord. 820, Sec. 1)

 

                        15‑127.                        ELECTRIC BILL DUE MONTHLY; FAILURE TO PAY, PENALTY. All electric current bills will be due on or before the 15th day of each calendar month, and will be payable to the city clerk. All bills not paid on or before the 15th day of each calendar month shall be subject to a penalty of ten (10) percent. All bills not paid on or before the 25th day of each calendar month shall be deemed a refusal to pay and such electric service shall be cut off subject to notice and hearing as provided in sections 15‑210:211. (Ord. 820, Sec. 1)

 

                        15‑128.                        RESTORATION OF SERVICE. Whenever electrical service has been terminated pursuant to section 15‑127 for failure to pay the bill, service shall not be restored until all delinquent charges, including any penalty, shall have been paid. In addition to such charges, the customer shall also pay a $25.00 fee for reconnecting the service. (Ord. 820, Sec. 1)

 

                        15‑129.                        TAMPERING WITH METER UNLAWFUL. It shall be unlawful for any person to break the seal of any electric meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that the use of electricity supplied by the city is not accurately metered. Upon a first conviction for violation of this section a person shall be fined $25. Upon a second conviction a person shall be fined $50. A third or subsequent conviction shall result in a fine of $100. (Ord. 820, Sec. 1)

 

                        15-130.                        PENALTY.  Any person violating any of the provisions herein, or any person failing, neglecting, omitting, resisting or refusing to comply with any of the conditions of this article, shall, upon conviction, be fined in the sum of not less than $25 or more than $50 for each offense.  Each day’s failure, neglect and refusal to comply with the conditions of this article shall be deemed a separate and distinct offense.

 


 

ARTICLE 2. WATER SERVICE

 

                        15‑201.                        WATER SERVICE UNDER CONTROL OF CITY. Water service to the water users of the city shall be governed as follows:

                                                            (a) The city shall have charge of the water pipes in streets and up to property lines, and all valves shall be under direct charge of the outside utilities supervisor. It shall be unlawful for any person to manipulate any valve in the city waterlines without orders from the outside utilities supervisor.

                                                            (b) Any premises may be connected to the city water main upon application to the city clerk and approval of the outside utilities supervisor on the payment of a connection fee of not less than the actual cost of the materials and labor required for making such connection plus the sum of $25, with a minimum connection fee of not less than $250. The connection fee shall be paid in full to the city prior to the installation and connection.

                                                            (c) The city shall tap the water main and supply all materials and labor for the installation of a standard water service connection and shall run a service pipe to the property line, furnish and set a water meter and enclose and cover the same. The city expressly retains the title to the ownership of the water service connection, the water meter, and all service equipment used in connection with the supply of water to any premises or buildings within the city. All such customers and all other property owners, whose premises are connected to the city water mains shall at their own expense repair, replace or remove all water service lines owned by them or located on their own premises as may be required by the city in order to prevent loss or damage to the public at large. (Ord. 819)

 

                        15‑202.                        SEPARATE WATER SERVICE; EXCEPTIONS. It shall be unlawful for any person to connect more than one individual residence or place of business to the same waterline of the city without having individual residences or places of business properly metered by separate meter unless the consent of the governing body is first obtained in writing. (Ord. 819)

 

                       15‑203.                        METERS. The city shall have access to all meters at all reasonable hours. Each individual meter reading will be the basis of charge regardless of the number of meters. (Ord. 819)

 

                        15‑204.                        UNDERGROUND WATER PIPES. All water pipes placed underground on city property shall be of soft drawn copper, commonly known as Type K, Mueller, Chase or equal. Any customer may use approved PVC pipe. All piping from outside water services to outside hose bibs shall be no smaller than three quarters inch. (Ord. 819)

 

                       15‑205.                        WATER; AVAILABILITY. (a) All territory within the city limits of Hugoton and all territory served by the city. Service is for the exclusive use of the customer and is not to be resold or shared with others. The service connections and rates set forth herein shall be applicable to all territory served by the city except that territory specifically described in section 15‑207 following.

                                                            (b) Wherever water service is desired outside the city limits of Hugoton, the city shall tap the water main and supply all materials and labor for the installation of a standard water service connection. The service connection and meter installation shall be made by the city and paid for by the customer prior to the installation and connection. (Ord. 756, Sec. 1)

 

                        15‑206.                        SAME; RATE SCHEDULE; CITY. (a) Minimum charge within the City:

                                                $11.50 per month on meters less than one and one‑half inch; $16.50 per month on meters one and one‑ half inch but less than two inches; $23.00 per month on meters two inches but less than three inches; $33.00 per month on meters three inches but less than four inches; $46.00 per month on meters four inches or larger.              

                                                            (b) Monthly rate for all services:   $1.05 per 1,000 gallons

                                                            (c) Bulk water rate: All water sold at the city loading docks shall be at the rate of $2.50 per 1,000 gallons. (Ord. 819)

 

                       15‑206a.                      WATER IMPROVEMENT ASSESSMENT CHARGE. (a) A monthly assessment in the amount of $10.00 shall be added to all customer accounts, and shall be in addition to the monthly minimum water rates specified in Sections 15‑206 and 15‑208.

                                                            (b) The City Clerk is given discretion to waive the assessment fee for residential customers who have more than one water service account for the same physical location. In such instance, the customer shall only be assessed for a maximum of $10.00 per month for such multiple accounts serving the same physical location.  (Ord. 757)

 

                       15‑207.                        WATER; AVAILABILITY, OUTSIDE CITY. (a) All that territory lying outside the city limits of Hugoton served by the city within an area described as follows:  The Northwest Quarter (NW/4) of Section 22, Township 33 South, Range 37 West of the 6th P.M., Stevens County, Kansas and any territory adjacent to said NW/4 of Section 22‑33‑37 and tapping the water mains which serve that quarter. Each water service is to be supplied to one customer through one metering point. Service is for exclusive use of customer and is not to be resold or shared with others. Wherever customer service is desired within the territory herein described, the city shall tap the water main and supply all materials and labor for the installation of a standard water service connection. The service connection and meter installation shall be made by the city and paid for by the customer. Copper or PVC schedule 40 or better, water lines shall be required to be installed under any surfaced road. All water lines installed within the territory herein described shall be installed according to city specifications.

                                                            (b) Connection charge: The customer shall pay the following charge for connecting to the water system, which shall include all labor, material and equipment to the outlet side of the water meter. The water meter shall be installed adjacent to the customer's property line on the street side. The connection charges have been set to allow the city to recoup their costs of extending the water main, however, the city shall not extend the water main outside the boundaries of the NW/4 of Section 22‑33‑37.


                                    Size of                                                 Connection

                                    Connection                                          Charge

                                    ¾”                                                        $1,300

                                    1”                                                         $1,800

                                    1 ½”                                                     $2,050

                                    2”                                                         $2,300

 

                          Before water service is made available, the connection charge shall be paid in full. (Ord. 819)

 

                       15‑208.                        SAME; RATES OUTSIDE CITY. (a) The following rates shall apply to all territory described in section 15‑207 as well as all other territory served outside the city limits. Minimum water rates outside the city limits shall be $23 per month on meters less than one and one‑half inch; $33 per month on meters one and one‑half inch, but less than two inches; and $46 per month on meters two inches, but less than three inches; $66 per month on meters three inches but less than four inches; $92 per month on meters four inches or larger. Connection fees shall be the actual cost, plus $50, with a minimum connection fee of $300.

                                                            (b) Monthly rate for all services:   $1.05 per 1,000 gallons   (Ord. 819)

 

                       15‑209.                        WATER BILL DUE MONTHLY; FAILURE TO PAY. All water bills will be due on or before the 15th day of each calendar month, and will be payable to the city clerk. All bills not paid on or before the 15th day of each calendar month shall be subject to a penalty of 10 percent. All bills not paid on or before the 25th day of each calendar month shall be deemed a refusal to pay and the water service shall be cut off and not reconnected until all back bills, penalties and fees have been paid in accordance with the notice and hearing provisions of sections 15‑210:211. In addition to such charges, the customer shall also pay a $25.00 fee for reconnecting the service.  (Ord. 819)

 

                        15‑210.                        SAME: NOTICE; HEARING. Before any water service shall be terminated for failure to pay the bill as provided in section 15‑209, the city clerk shall give the customer a five‑day written notice by regular mail of the city's intention to terminate water service. Such notice shall inform the customer of his or her right to request a hearing to show cause why water service should not be terminated. (Ord. 819)

 

                       15‑211.                        SAME; APPEAL. (a) If within the five‑day period for notice, set out in section 15‑210, the customer requests a hearing, the city clerk shall give the customer a three‑day notice of the time and date of the hearing.

                                                            (b) There is hereby established a hearing body for the City of Hugoton, created for the purpose of conducting hearings concerning utility service terminations. The hearing body shall be comprised of three members, one of whom shall be an elected member of the governing body and two of whom shall be residents of the city who are not officers or employees of the city. The mayor shall appoint the members of the hearing body, with the consent of the governing body. Members shall serve one-year terms and hold such meetings as are necessary. A quorum of two members shall be necessary to conduct a hearing. All hearings conducted by the body shall be on the record.

                                                            (c) Following the hearing, the hearing body, if it shall find that service should be terminated, shall so order and service shall be terminated three days from the date of such order. The customer shall be notified in person, posting notice on the premises or by mail, unless such order is made at the hearing in the presence of the customer. The hearing body may, for good cause shown, extend the termination date up to 10 days from the date of the order.

                                                            (d) If the hearing body shall determine that termination of service will cause an undue hardship, it shall recommend to the governing body that reasonable terms be approved for the payment of such delinquent bill. (Ord. 819)

 

                       15‑212.                        RESTORATION OF SERVICE. Whenever water service has been terminated for failure to pay the bill, service shall not be restored until all delinquent charges, including any penalty shall have been paid. In addition to such charges, the customer also shall pay a $25 fee for reconnecting the service. (Ord. 819)

 

                       15-213.                        TAMPERING WITH METER UNLAWFUL.  It shall be unlawful for any person to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that the use of water supplied by the city is not accurately metered.  Upon a first conviction for violation of this section a person shall be fined $25.  Upon a second conviction a person shall be fined $50.  A third or subsequent conviction shall result in a fine of $100.  (Code 2011)

 

                        15‑214.                        PENALTY. Any person violating any of the provisions hereof or any person failing, neglecting, omitting, resisting or refusing to comply with any of the conditions of this article shall, upon conviction thereof, be fined in the sum of not less than $25 nor more than $50 for each offense. Each day's failure, neglect and refusal to comply with the conditions of this article shall be deemed a separate and distinct offense and punishable as in other cases. (Ord. 819)

 


 

ARTICLE 3. WATER CONSERVATION

 

                       15‑301.                        PURPOSE. The purpose of this ordinance is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared. (Ord. 668, Sec. 1)

 

                        15‑302.                        DEFINITIONS.

                                                            (a) “Water", as the term used in this ordinance, shall mean water available to the City of Hugoton for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin-operated site.

                                                            (b) "Customer" as the term is used in this ordinance, shall mean the customer of record using water for any purpose from the City's water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.

                                                             (c) "Waste of water," as the term is used in this ordinance, includes, but is not limited to: (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.

                                                            (d) The following class of uses of water are established:

                                                                       Class 1: Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.

                                                                        Class 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.

                                                                        Class 3: Domestic usage, other than that which would be included in either classes 1 or 2.

                                                                        Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation. (Ord. 668, Sec. 2)

 

                        15‑303.                        DECLARATION OF WATER WATCH. Whenever the governing body of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper. (Ord. 668, Sec. 3)

 

                        15‑304.                        DECLARATION OF WATER WARNING. Whenever the governing body of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. (Ord. 668, Sec. 4)

 

                        15‑305.                        DECLARATION OF A WATER EMERGENCY. Whenever the governing body of the city finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper. (Ord. 668, Sec. 5)

 

                       15‑306.                        VOLUNTARY CONSERVATION MEASURES. Upon the declaration of a water watch or water warning as provided in Sections 15-303 and 15-304, the mayor (or the city clerk) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses, including but not limited to, limitations on the following uses:

                                                            (a) Sprinkling of water on lawns, shrubs or trees (including golf courses).

                                                            (b) Washing of automobiles.

                                                            (c) Use of water in swimming pools, fountains.

                                                            (d) Waste of water. (Ord. 668, Sec. 6)

 

                       15‑307.                        MANDATORY CONSERVATION MEASURES. Upon the declaration of a water supply emergency as provided in section 15‑305, the mayor (or the city clerk) is also authorized to implement certain mandatory water conservation measures, including but not limited to the following:

                                                            (a) Suspension of new connections to the City's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency;

                                                            (b) Restrictions on the uses of water in one or more classes of water use, wholly or in part;

                                                            (c) Restrictions on the sales of water at coin-operated facilities or sites;

                                                            (d) The imposition of water rationing based on any reasonable formula including, but not limited to the percentage of normal use and per capita or per consumer restrictions;

                                                            (e) Complete or partial bans on the waste of water; and

                                                            (f) Any combination of the foregoing measures. (Ord. 668, Sec. 7)

 

                       15‑308.                        EMERGENCY WATER RATES. Upon the declaration of a water supply emergency as provided in section 15‑305, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to: higher charges for increasing usage per unit of use (increasing block rates); uniform charges for water usage per unit of use (uniform unit rate); or extra charges in excess of a specified level of water use (excess demand surcharge). (Ord. 668, Sec. 8)

 

                       15‑309.                        REGULATIONS. During the effective period of any water supply emergency as provided for in section 15‑305, the mayor (or city clerk or outside utilities supervisor) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting. (Ord. 668, Sec. 9)

 

                       15‑310.                        VIOLATIONS, DISCONNECTIONS AND PENALTIES. (a) If the mayor, city clerk, outside utilities supervisor, or other city officials or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to sections 15‑307, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:

                                                                        (1) The City shall give the customer notice by mail or actual notice that       water service will be discontinued within a specified time due to the violation     and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city           official designated as a hearing officer by the governing body;

                                                                        (2) If such a hearing is requested by the customer charged with the       violation, he or she shall be given a full opportunity to be heard before             termination is ordered; and

                                                                        (3) The governing body or hearing officer shall make findings of fact      and order whether service should continue or be terminated.

                                                            (b) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200 for the second violation and $300 for any additional violations.

                                                            (c) Violations of this article shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal Court of violating the provisions of this article shall be guilty of a municipal offense. Each day's violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100. The penalty for a second or subsequent conviction shall be a mandatory fine of $200. (Ord. 668, Sec. 10)

 

                       15‑311.                        EMERGENCY TERMINATION. Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service as required to protect the health and safety of the public. (Ord. 668, Sec. 11)

 

                       15‑312.                        SEVERABILITY. If any provision of this article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the article and its applicability to other persons and circumstances shall not be affected thereby. (Ord. 668, Sec. 12)


 

ARTICLE 4. CROSS‑CONNECTIONS

 

                        15‑401.                        PURPOSE. The purpose of this article is to protect the public water supply of the city from contamination due to backflow or backsiphonage from any cross connection; and to prohibit and eliminate all cross connections to the public water supply; and to provide for the maintenance of a continuing effective cross connection control program. This program shall include regularly scheduled inspections to detect and eliminate current cross connections and to prevent future cross connections. (Ord. 566, Sec. 1)

 

                       15‑402.                        DEFINITION. A cross connection is a connection or arrangement of piping or other fixtures through which backflow of questionable quality water, waste, or other contaminants may enter the public water supply system due to reversal of flow. The improper backflow may occur from either backpressure or backsiphonage. (Ord. 566, Sec. 2)

 

                       15‑403.                        CROSS CONNECTION PROHIBITED. No person shall establish or permit to be established or maintain or permit to be maintained any cross connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply and/or distributing system of the city, or any source of contamination may enter the public water supply of the city, unless such method of connection has been specifically approved by the governing body of the city and by the Kansas Department of Health and Environment. (Ord. 566, Sec. 3)

 

                       15‑404.                        PROTECTIVE BACKFLOW DEVICES REQUIRED. Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may be pulled into the potable water supply piping following a reduction in pressure in the city piping. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure to develop which could lead to backsiphonage of polluted water into the system shall be improper and must be protected by approved backflow preventive valves and systems as determined by the outside utilities supervisor. (Ord. 566, Sec. 4)

 

                       15‑405.                        INSPECTION. The outside utilities supervisor or other designee of the governing body shall have the right of entry into any building or premises in the city as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply of the city. (Ord. 566, Sec. 5)

 

                       15‑406.                        PROTECTION FROM CONTAMINANTS. Pursuant to the city's constitutional home rule authority and K. S .A. 65‑163a,  the city by its outside utilities supervisor may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the outside utilities supervisor may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the supervisor, an emergency danger of pollution to the potable water of the city. (Ord. 566, Sec. 6)

 

                        15‑407.                        INCORPORATION BY REFERENCE. There is hereby incorporated by reference for the purpose of regulating cross connections between the public water supply and any sources of contamination that certain manual adopted by the governing body of the city known as "Manual of Regulations Regulating Backflow and Backsiphonage of Contaminants Due to Cross Connections for the City of Hugoton, Kansas Public Water Supply." No fewer than three copies of the manual shall be marked or stamped, "Official Copy as Adopted by Ordinance No. 566," and to which shall be attached a copy of Ordinance No. 566, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 566, Sec. 7)

 

                       15‑408.                        HERBICIDES, ETC. (a) No person shall spray a herbicide, insecticide, etc., by using a sprayer with a hose adaptor, or by chemical injection method into any lawn sprinkler system, which is connected to the public water system of the city, unless there is a backflow valve that will prevent the herbicide, insecticide, etc., from entering the public water supply system.

                                                            (b) Due to the potential hazard of chemical contamination to the public water supply system, a violation of this section may result in the termination of water service until such cross connections or backsiphonage conditions have been corrected to the satisfaction of the outside utilities supervisor; in addition, the outside utilities supervisor may file a complaint in the municipal court of the city against such person for a violation of this section and upon conviction shall be punished by a fine of not less than $250 nor more than $1,000 for each offense. For purposes of this section, a separate offense shall be deemed committed on each day such condition exists. (Ord. 566, Sec. 8)

 


 

ARTICLE 5. SEWER REGULATIONS AND CONNECTIONS

 

                        15-501.            DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

                                        (a)      "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligrams per liter.

                                            (b)        "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

                                                (c)        "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.

                                                (d)        "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

                                                (e)        "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

                                                (f)         "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

                                                (g)        "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

                                                (h)        "Person" shall mean any individual, firm, company, association, society, corporation, or group.

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

                                        (j)       "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have 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 (½) inch (1.27 centimeters) in any dimension.

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

                                                (l)         "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

                                        (m)     "Sewage" shall mean a combination of the water-carried wastes from residents, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

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

                                         (o)      "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.

                                            (p)        "Sewer" shall mean a pipe or conduit for carrying sewage.

                                            (q)        "Shall" is mandatory; "May" is permissive.

                                            (r)        "Slug" shall mean 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 fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

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

                                        (t)       "Supervisor shall mean the Outside Utilities Supervisor of the City of Hugoton, or his authorized deputy, agent, or representative.

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

                                        (v)      'Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

                                                (Ord. 721, Art. 1)

 

                        15-502.                        SEWERS: PROHIBITED

                                                        (a) It shall unlawful for any person to 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) It shall be unlawful to discharge to any natural outlet within the City of Hugoton, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

                                                            (c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

                        (Ord. 721, Art. 1)

 

                   15-503.                   SEWER: CONNECTION REQUIRED. The owner of all houses, buildings, 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 in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line. (Ord. 721, Art. 1)

 

                       15-504.                        SEWERS: CONNECTIONS ALLOWED. The owner or owners of any premises situated outside but adjacent to the City, or the owner or owners of any premises situated within the corporate limits but not within a sewer district of the City established by ordinance may, as a concession and not as a right, be permitted to connect their premises to the sewage system of the City and to discharge the usual and ordinary sewage from their premises into the system upon making an application to the City governing body. The governing body may authorize the issuance of a permit for such purposes conditioned as hereinafter provided upon the terms of an agreement stated in the permit. The permit shall stipulate that the owner or owners applying for such special connection privilege will comply with the provisions, restrictions and limitations of this and other ordinances of the City relating to the installation of sanitary plumbing in such buildings and to the ordinances of the City relating to public health, safety and sanitation. Such permits shall be issued upon the payment of the connection fees and annual or monthly service charges for the use of the sewage system as may be provided. (Ord. 721, Art. 1)

 

                       15-505.                        CONNECTION; APPLICATION. Any owner or owners desiring to make a connection to the city sewage system shall apply in writing to the City Clerk. The application shall contain the following information and statements:

                                    (a)        Legal description of the property to be connected;

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

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

                                    (d)        The number and kind of sewer intake openings to be connected;

                                    (e)        The exact point of proposed connection to the City sewer main or         lateral;

                                    (f)         A stipulation that the applicant, his heirs, devisees, assigns or             successors in title will comply with this and other ordinances of the City as        aforesaid as a condition for the granting of the desired permit by the City.

 

                        The application shall be signed and acknowledged by all the owners of the premises described in the application.

                        (Ord. 721, Art. 1)

                       

                       15-506.                        SAME; APPROVAL. The City Clerk shall upon receiving any application, present the same to the governing body at its next regular meeting. If the governing body shall find that all requirements made herein have been satisfied by the applicant, that the sewer to which the desired connection will be made or the sewage treatment plant of the City will not become overloaded, and that the sewage from such premises proposed to be discharged into the sewage system can be transported and disposed of without expense to the City in excess of the uniform special connection fees herein established and the annual sewage service use fees, the governing body may direct the City Clerk to issue a permit to applicant conditioned as provided hereinafter upon payment of the required connection fees and service charges. (Ord. 721, Art. 1)

 

                       15-507.                        PERMITS; FORM. The permit issued as hereinbefore provided shall be in substantially the following form:

                                    Upon the application of (reciting name or names of applicant owners), the City of Hugoton permits, as a concession, the applicant to connect the following described premises (legal description), the same being situated (outside but adjacent to the corporate limits) (within the corporate limits but not within an established sewer district) to the sewage system of the City and to discharge usual and ordinary sewage into the system, under the latest provisions of the Code of the City of Hugoton and subject to satisfactory compliance with the conditions of the aforesaid section. The City shall have the right to increase the service charges and to cancel this permit for failure to comply with the conditions upon not less than six (6) months notice in writing.

                                    The permit shall be dated as of the date of issuance and signed by the Mayor and attested by the City Clerk under the seal of the City.

                        (Ord. 721, Art. 1)

 

                       15-508.                        CONNECTION; PROCESS. The owner or owners having a permit to connect their premises to the City sewage system as hereinbefore provided shall make such connection at a point in the public sewer to be designated by the Outside Utilities Supervisor. The connection shall be made under the supervision of the City Plumbing Inspector upon the payment of such other permit and inspection fees as may be required by the city plumbing ordinance in the case of installing sanitary plumbing or connecting building sewer drains to the public sewer. The owner shall pay all the cost of the sewer lines, pipes, connections and fixtures as may be required to connect his premises to the public sewer main or lateral and all other expenses incurred in the making of the connection. The owners of premises located outside but adjacent to the City shall maintain all such sewer mains, laterals, pipes and connections at their own expense. In the event such premises shall be subsequently added to the City, all sewer mains and laterals located within the streets or public ways of the City shall become a part of the public sewer system and shall be maintained and serviced by the City as in cases of like property within the City. Sewer mains or laterals located within streets and public ways of the City and which are constructed at the expenses of owners of property within the corporate limits but not within an established sewer district shall become a part of the public sewage system and shall be maintained and serviced by the City as in other cases. All sewer mains and laterals constructed within the streets or public ways of the City for the purpose of connecting premises to the existing public sewer shall be constructed in accordance with the specifications of the City for the extension of sewer mains or laterals. (Ord. 721, Art. 1)

 

                   15-509.                        CONNECTION; FEE. A connection fee of $200 shall be paid by the owners of property located outside but adjacent to the corporate limits of the City at the time a permit shall be issued by the City Clerk for any such connection.  Any owner or owners of land situated outside the City and adjacent to any premises outside the City who may hereafter desire to receive sewage disposal service from the City may obtain a permit for such purpose upon an application made as provided by this Article and may connect his or her premises to an existing sewer main or lateral located within a street or public way of the City which shall have been previously constructed to connect any premises located outside but adjacent to the City and constructed at the expense of such owner. The permit shall be subject to the express condition that any such property so connected and subsequently added to the corporate limits shall not, by reason of such connection and payment of such fee by the owner, be relieved from being included within a sewer district thereafter established by the City, or from any assessments for the construction of sewer mains or laterals therein, except that such owner or his successor in title may be refunded a sum equivalent to 50% of the connection fee if he applies for such refund within six months from the date of creation of the district.   (Ord. 721, Art. 1)

 

                    15-510.                        PRIVATE SEWAGE DISPOSAL SYSTEM.   

                                    (a)        Where a public sanitary or combined sewer is not available under the provisions of 15-503, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.

                                    (b)        Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the City Inspector. 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 City Inspector. A permit and inspection fee of $5.00 dollars shall be paid to the City at the time the application is filed.

                                    (c)        A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City Inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City Inspector 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 City Inspector.

(d)        The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Kansas Department of Health and Environment. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

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

                              (f)       No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Outside Utilities Supervisor or City Inspector.

(g)        At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 15-510(a), a direct connection shall be made to the public sewer within 60 days in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

                        (Ord. 721, Art. 1)

 

                    15-511.                        CONNECTIONS; PERMIT REQUIRED.

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

                                    (b)        It shall be unlawful for any person to make or cause to be made any connections with or to the main or lateral sewers of the City sewer system, or to build any sewer connection to or make any alteration therein without first having secured a permit therefor from the City granted by the authority of the governing body: Provided, that before any such permit shall be issued, an application therefor shall be filed with the City Inspector in writing which shall contain the legal description of the premises to be connected, the owner thereof, and the description of the work to be done or installed. Such permit shall be issued upon the approval of the City Inspector and the payment of an inspection fee of $7 if the main sewer is tapped, otherwise $5 for the supervision and inspection of the connection: Provided further, that no such connection shall be made unless the work is done by a licensed plumber. The connection shall be made subject to the supervision and approval of the city inspector as in other cases in accordance with the plumbing ordinance of the City.

                        (Ord. 721, Art. 1)

 

                        15-512.                        SAME; EXPENSE. 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 from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 721, Art. 1)

 

                    15-513.                        SAME; SEPARATE SEWER REQUIRED. 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, court yard, 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. 721, Art. 1)

 

                   15-514.                   SAME; EXISTING SEWER.  Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Outside Utilities Supervisor, to meet all requirements of this ordinance. (Ord. 721, Art. 1)

 

                   15-515.                   SEWER. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of 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 W.P.C.F. Manual of Practice No. 9 shall apply. (Ord. 721, Art. 1)

 

                   15-516.                   SEWER; ELEVATION. 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 drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 721, Art. 1)

 

                   15-517.                   CONNECTION REQUIREMENTS. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes 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 W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City Inspector before installation. (Ord. 721, Art. 1)

 

                   15-518.                   INSPECTION NOTICE. The applicant for the building sewer permit shall notify the City Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Inspector or his representative. (Ord. 721, Art. 1)

 

                   15-519.                        SEWERS; EXCAVATION. 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. 721, Art. 1)

 

                   15-520.                        SEWERS; PROHIBITED CONNECTIONS. It shall be unlawful for any person to connect downspouts from any roof area, any drains from any building foundation areaway drains or other sources of surface runoff or groundwater, any paved areas, yards or open courts, or any waste pipe from any air conditioning or cooling unit or device having a capacity in excess of one ton per hour of water requirement or one horsepower to any sanitary sewer lateral or main of the City, or to discharge any water or liquid wastes from any such place or device into the sewers. Water or liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower may be discharged into the public sewer upon the following:

                                    (a)        A special application to the governing body showing the necessity therefore;

                                    (b)        A finding that such cooling water cannot be recirculated and that such waste water does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the City;

                                    (c)        Upon the approval of the Outside Utilities Supervisor;

                              (d)      By the issuance of a special permit specifying the conditions under which such cooling water may be discharged into the sewer during a period of time limited thereby.

                                    All such water or liquids may be discharged into the public gutter or storm drains but not into any open ditch or unpaved street or alley of the City where the same may become a nuisance.

                        (Ord. 721, Art. 1)

 

                   15-521.                   COMBINED AND STORM SEWERS. Stormwater 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 Outside Utilities Supervisor. Industrial cooling water or unpolluted process waters may be discharged on approval of the Outside Utilities Supervisor, to a storm sewer, combined sewer, or natural outlet. (Ord. 721, Art. 1)

 

                       15-522.                        SEWERS; PROHIBITED DISCHARGE. 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 (2) mg/I as CN in the wastes as discharged to the public sewer.

                                    (c)        Any waters or wastes having a pH lower than 5.5, higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

                                    (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 as, 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.

                        (Ord. 721, Art. 1)

 

                   15-523.                   SEWERS; DISCHARGE MAY BE PROHIBITED. No permit shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Outside Utilities Supervisor 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 life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Outside Utilities Supervisor 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 one hundred fifty (150) degrees F, sixty-five (65) degrees C.

                              (b)      Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/I or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F , zero (0) and sixty-five (65) degrees 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 (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Outside Utilities Supervisor.

                                    (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 Outside Utilities Supervisor for such materials.

                                    (f)         Any waters or wastes containing phenols or noxious or malodorous gas or substance capable of creating a public nuisance.

                              (g)      Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Outside Utilities Supervisor in compliance with applicable State and Federal regulations.

                                    (h)        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.

                              (i)       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 degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

                              (j)       Any waters or wastes having (1) a 5-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 2 percent of the average sewage flow of the city, shall be subject to the review of the Outside Utilities Supervisor. Where necessary in the opinion of the Outside Utilities Supervisor, the owner shall provide, at his 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, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Outside Utilities Supervisor and no construction of such facilities shall be commenced until said approvals are obtained in writing.

                        (Ord. 721, Art. 1)

 

                   15-524.                        DISCHARGE; SUPERVISOR AUTHORITY. 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 15-523, and which, in the judgment of the Outside Utilities Supervisor, 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 Outside Utilities Supervisor may:

                                    (a)        Reject the wastes,

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

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

                              (d)      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 15-535 of this Article.

                                    If the Outside Utilities Supervisor 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 Outside Utilities Supervisor, and subject to the requirements of all applicable codes, ordinances and laws.

                        (Ord. 721, Art. 1)

 

                    15-525.               SEWER; TRAPS; WHEN. All restaurants, garages, filling stations, milk plants or other commercial or industrial plants or establishments connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the escape and discharge of any greases, sand, mud sediment, litter, or waste products or liquids of any such place or any substance deleterious or harmful to the effective operation and maintenance of the City sewer system or sewage disposal works, into the building sewer drain. All such interceptors or traps shall be constructed and maintained according to plans and specifications designed by the City, or approved by the Outside Utilities Supervisor. The operation of the same shall be subject to periodic inspection and approval by the City Inspector. (Ord. 721, Art. 1)

 

                   15-526.                        PRELIMINARY TREATMENT. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 721, Art. 1)

 

                   15-527.                   MANHOLE; WHEN. When required by the Outside Utilities Supervisor, 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 Outside Utilities Supervisor. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 721, Art. 1)

 

                   15-528.                   SEWER; WASTEWATER TESTING. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance 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 twenty-four (24) hours composite of all outfalls of a premise 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. 721, Art. 1)

 

                   15-529.                   SEWER; TAMPERING. 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 immediate arrest under charge of disorderly conduct. (Ord. 721, Art. 1)

 

                   15-530.                   SEWER; OFFICIAL ACCESS. The Outside Utilities Supervisor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Outside Utilities Supervisor or his 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. (Ord. 721, Art. 1)

 

                   15-531.                        SEWER; SAFETY. While performing the necessary work on private properties referred to Section 15-531 above, the Outside Utilities Supervisor 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 15-527. (Ord. 721, Art. 1)

 

                   15-532.                   SEWER; EASEMENT ACCESS. The Outside Utilities Supervisor 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. 721, Art. 1)

 

                       15-533.                        CONNECTIONS; REFUSAL. If any person shall fail, neglect or refuse to connect any dwelling or building with the sewer system of the City as hereinbefore required, for more than 10 days after being notified to do so by the City Board of Health, the governing body may cause such buildings to be connected with the sewer system as authorized by law. The notice given by the Board of Health shall require that the connection to the public sewer shall comply with the plumbing fixture within buildings and the laying of building sewer drains. Notice may require that not less than the following plumbing fixtures be installed and connected to the building drainage system: One  kitchen sink or slop sink; one washbasin or lavatory; one bathtub or shower stall, and one water closet. All such installations shall be made upon an application, the issuance of a plumbing permit and the payment of such inspection fees as may be required in other cases. (Ord. 721, Art. 1)

 

                       15-534.                        CITY MAY MAKE CONNECTION; WHEN; COSTS. If any person or property owner refuses or fails to comply with the provisions of the foregoing section within ten (10) days after receiving the notice, the governing body may advertise for bids for the construction and installation of the necessary sewer connections and house plumbing hereinbefore required and contract with the lowest responsible bidder or bidders for the purpose of making such connection and installation. The City shall assess the cost and expenses thereof, including the inspection fees, against the property or premises so connected to the sewer as provided by law. Until such assessments shall have been collected and paid to the City Clerk, the cost of making such connection by the City may be paid from the sewer fund of the City. (Ord. 721, Art. 1)

 

                       15-535.                        INDUSTRIAL WASTE AGREEMENT. Nothing is this Article shall be construed to deny or limit the authority of the City to enter into special agreements with any class or category of commercial or industrial concerns to provide for disposal of or treatment of wastes or sewage of unusual strength or characteristics upon the basis of special charges for any such service rendered by the City. The City further reserves the right granted by the laws of Kansas to impose and collect service fees for the transportation, treatment and disposal of sewage and waste lawfully discharged into the sewage disposal system. (Ord. 721, Art. 1)

 

                    15-536.                   SEWER; RATES. A monthly service charge for the use of services rendered by the sewage disposal system shall be paid to the City by all persons, firms, corporations and organizations within or without the City having a sewer connection directly or indirectly with the sewage disposal system of the City shall be as follows:

                                    (a)        Residential:

                                                (1)        Each family user within the City, per month $16.50.

                                                (2)        Each family user without the City, per month $33.00.

                                    (b)        Commercial:

                                                (1)        Class A. All persons, firms, corporations, and organizations   engaged in commercial business operations within the City and not specified    as Class B or Class C commercial, per month $16.50.

                                                (2)        Class B. Cafes, grocery stores, convenience shops, service             stations, drive-ins, restaurants, beauty parlors, garages, machine and repair shops with wash pits, per month $35.00.

                                                (3)        Class C. Laundromats, car washes, hotels, motels, and recreational vehicle parks, per month $63.50.

                                                (4)        Each commercial user without the City, shall be assessed a      monthly service charge of exactly twice the amount levied a commercial user          within the City according to the Class A, B, and C schedule specified above.

                                    (c)        Institutional:

                                                Hospitals, nursing homes, grade school, middle school and high school facilities, per month when school is in session $106.00.

                                    (d)        Multi-Unit Use:

                                                Where any building houses more than one family or business unit or any other combination thereof, each unit, per month $16.50.

                        (Ord. 774, Sec. 1)

 

                    15-537.                        SEWER BILLING; WHEN DUE. The sewer charge provided for in Section 15-536 of this Article shall be charged from the fifteenth of the month to the fifteenth of the following month and shall be due and payable on or before the fifteenth day of each following month, payable at the office of the City Clerk. The City Clerk shall notify each recipient of sewer service of the amount due on his or her service as the service charge becomes payable. If the recipient of sewer service also receives water service, the sewer service charge provided for herein shall be shown on the recipient's water bill. (Ord. 721, Art. 1)

 

                       15-538.                        SEWER; SERVICE DISCONTINUED TEMPORARILY. When property served by sewer service shall be temporarily or permanently vacant or sewer service is to be discontinued, the recipient of the sewer service shall notify the City Clerk of the vacancy or discontinuance of service. The sewer service charge provided for herein shall not be charged during such vacancy or discontinuance of service. (Ord. 721, Art. 1)

 

                        15-539.                        SEWER; USE OF FEES. The revenue derived from the charges for the use of the city sewer disposal system as provided for herein shall be placed in the city treasury and kept in a separate fund and shall be paid out and distributed as follows:

                                    (a)        To pay for the operation, maintenance and renewal of the sewage disposal system of the City and the payment of salaries of employees engaged in operating the sewage disposal system;

                                    (b)        Any sums not expended for the purposes provided for in the preceding subsection shall be semi-annually placed in a sinking fund. Such fund shall be used for the purpose of paying the interest upon and retiring any bonded indebtedness upon the sewage disposal system not primarily liable by special assessments against the property in a sewer district or districts;

                        (Ord. 721, Art. 1)

 

                        15-540.                        DELINQUENT MONTHLY SERVICE CHARGE. If the monthly service charge required to be paid by Section 15-536 remains unpaid on the last day of the month in which such bill has been rendered, sewer service may be discontinued subject to the notice and hearing requirements provided in sections 15-210:211 of Code 2011. (Ord. 721, Art. 1)

 

                        15-541.                        SERVICE RECONNECT FEE. In the event sewer service shall be discontinued, said sewer service shall not be restored until all bills have been paid and a service charge of $5 for restoring said service has been paid. Said $5 fee shall be retained in the sewage disposal system fund. (Ord. 721, Art. 1)

                       

                       15-542.                        DELINQUENCY; OWNER RESPONSIBLE. Owners of leased premises provided sewer service by the City are ultimately liable for payment of the cost of the monthly sewer service charge, whether such service is furnished upon the application and request of the owner or the lessee of the premises. In the event a person living or operating on premises connected to the sanitary sewer system of the City shall neglect, fail or refuse to pay the monthly sewer service charge, in lieu of discontinuing sewer service, such charge 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 to be placed upon the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are collected. The owner of any leased premises, or the owner's agent if leasing is through an agent, shall be notified of the delinquency of the occupant of the leased premises in the same manner as notice is provided to customers pursuant to section 15-210 of Code 2011. (Ord. 721, Art. 1)

 

                    15-543.                   VIOLATION. Any person found to be violating any provision of this ordinance except Section 15-529 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, permanently cease all violations. (Ord. 721, Art. 1)

 

                   15-544.                        PENALTY. Any person who shall continue any violation beyond the time limit provided for in Section 15-543 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100.00 dollars for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense. (Ord. 721, Art. 1)

 

                   15-545.                        VIOLATION; LIABILITY. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. (Ord. 721, Art. 1)


 

ARTICLE 6. SMALL WIND ENERGY CONVERSION SYSTEMS

 

                       15-601.                        GENERAL PROVISIONS.  a) For the purposes of this ordinance, a small wind energy system is defined as a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 25 kilowatts (kW) and which is intended to primarily reduce on site-consumption of utility-supplied electricity.

(b) The tower height is defined as the height above grade of the fixed portion of the tower, excluding the wind turbine itself.

(c) The total extended height is defined as the height above grade to a blade tip at its highest point of travel.

                        (Ord. 778)

 

                    15-602.                        ALLOWED USE.  Small wind energy systems shall be allowed as an accessory use in all zoning districts where structures of any sort are allowed; subject to the requirements of Section 15-603. Small wind energy systems not meeting the performance standards of Section 15-603 may be allowed by conditional use permit when submitted, reviewed, and approved by the board of zoning appeals.

                        (Ord. 778)

 

                       15-603.                        REQUIREMENTS.  (a) Small wind energy conversion systems must have been approved under the State public benefits program or any other small wind certification program recognized by the American Wind Energy Association.

                                    (b) Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footing, and/or foundation as provided by the manufacturer. Wet stamps shall not be required.

                                    (c) Building permit applications for small wind energy conversion systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical code.

(d) No building permit for a small energy conversion system shall be issued until evidence has been given that the utility company has approved the customer generator's request to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

                              (e) For standard soil conditions (not including gravel, sand, or muck), foundations developed by the wind turbine manufacturer shall be acceptable for turbine installations of 25kW or less and will not require project-specific soils studies or an engineer's wet stamp.

(f) No wind energy conversion systems shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection; and any proposed tower shall be approved in advance in writing by the FAA and that said proposed tower will not result in any modification of the current instrument approach procedures (lAP) or airport traffic patterns for the Hugoton Municipal Airport.

(g) The base of the tower shall be set back from all property lines, inhabited or occupied structures, public right-of-ways, and public utility lines a distance equal to the total extended height.

(h) Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise. Sound levels, however, may be exceeded during short-term events out of anyone's control such as utility outages and/or severe wind storms.

(i) So long as the total extended height meets sound restrictions, setback requirements and all zoning restrictions, there shall be no specific height limitation, except as imposed by Federal Aviation Administration regulations and the requirements stated in Section (f).

(j) All small wind energy conversion systems must be equipped with over-speed protection and an automatic shut-off system that engages during utility outages.

(k) All small wind turbines shall be compliant with IEEE (Institute of Electrical and Electronics Engineers) and UL (Underwriter Laboratories) standards.

(l) Prior to construction, the owner of a small wind energy conversion system shall obtain and maintain in force a comprehensive general liability insurance policy with the minimum combined occurrence and annual limitation of $1,000,000 to cover any claims related to the small wind energy conversion system activities. Such insurance coverage may be provided as part of a blanket policy which covers other facilities or properties as well. Any such policy shall name the city as an additional insured and shall provide for written notice to the city, at least 30 days prior to any cancellation or material change. The owner of the small wind energy conversion system shall provide the city with copies of the certificate of insurance, evidencing this coverage, on an annual basis.

(m) The construction of the small wind energy conversion systems and associated structures shall meet all local building and electrical codes.

(n) All towers shall have warning signs, stating danger-high voltage and caution-electric shock hazard, attached to the base.

(o) All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system, visible from any public road shall be prohibited.

(p) No illumination of the turbine or tower shall be allowed unless required by the FAA.

(q) Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing.  For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot readily climbed.

(r) All small wind energy conversion systems shall be kept up in such a manner as to maintain factory color.

(s) If a wind turbine is inoperable for six consecutive months, the owner shall be notified they must, within six months of receiving the notice, restore their system to operating condition.  If the owner(s) fails to restore their system to operating condition within the six-month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons.  The tower then would be subject to the public nuisance provisions of the city’s zoning code.

                        (Ord. 778)


 

ARTICLE 7.  NET METERING

 

15-701.                        GENERAL PROVISIONS.  (a) Net metering is defined as a bi-directional metering process using equipment sufficient to measure the difference between the electrical energy supplied by a customer generator to the city’s distribution system and the electrical energy supplied by the city to a customer generator during the city’s typical billing period.

                                    (b) The city shall offer net metering to its customers that wish to generate electricity on the customer’s side of the meter using solar, wind, or other energy resources defined as renewable by Kansas statutes and approved by the city.

                                    (c) Net metering shall be provided only to customer generators with a rated output of less than 25,000 watts (25kW).

                                    (d) The maximum total rated capacity in kW of customer generation allowed on the city’s system shall be restricted to not more than one percent of the city’s peak demand during the previous fiscal year (from January 1 through December 31).  The availability of net metering to eligible customer generators within the city’s service area is on a first-come, first-served basis up to the established limit of the peak demand.

                                    (e) Customer generators shall be provided properly approved city metering equipment installed by the city that can measure the flow of electricity in both directions at the same rate through the use of a single bi-directional meter.

                                    (f) Once the customer generator has been approved to begin operations, the city shall not charge a customer generator any fee or charge or require additional equipment or any other requirement unless the fee, charge, or other requirement would apply to other customers that are not customer generators.  Any insurance coverage that may be required by the city is specifically exempted from this subsection.

                                    (g) Nothing in this policy shall nullify any customer generator’s obligation to comply with all applicable Federal, State, or local laws, codes or ordinances; nor with the standards, service regulations, and policies of the city.

                        (Ord. 772)

 

15-702.                        ELIGIBILITY.  (a) Interconnection to the city’s electric system shall be granted only to new or existing customers in good standing, under the city’s electric service schedules.

                                    (b) The customer generator’s facility must be located on premises owned, operated, leased or otherwise controlled by the customer generator.

                                    (c) All agreements shall be made between the customer generator and the city and shall not include third parties.

                        (Ord. 772)

 

15-703.                        REQUEST.  The customer generator shall make a written request containing pertinent information for net metering to the city’s electric system supervisor.  The electric system supervisor may require additional details or clarifications as needed to properly evaluate the request.

                        (Ord. 772)

 

15-704.                        INTERCONNECTION REQUIREMENTS.  (a) To qualify for net metering, customer generators must comply with the city’s interconnection standards for parallel installation and operation of customer-owned electric generating facilities as established by the city’s electric system supervisor

                                    (b) The city will analyze the overall impact of the proposed generating facility on the city’s transmission and distribution system.  Such analyses will be based on good business practices, methods, or acts generally accepted in the region that provides safety, reliability, and expedition at a reasonable cost.

                                    (c) As a result of the above-analyses, the city will provide the customer generator with a cost estimate and projected time frame for any system upgrades necessary to accommodate the generating facility.  Such cost estimates shall be paid by the customer generator prior to the beginning of the upgrades.  A final settlement of the actual costs shall be made between the city and customer generator upon completion of the upgrades and prior to the customer generator beginning operation of the generating facility.

                                    (d) The customer generator’s facility shall contain a mechanism, approved by the city that automatically disables the unit and interrupts the flow of electricity back onto the supplier’s electricity lines in the event that service to the customer generator is interrupted.

                        (Ord. 772)

 

15-705.                        CODES AND PERMITS.  (a) The customer generator shall be responsible for procuring all building, operating, and environmental permits required by any governmental authority having jurisdiction for the type of generating facility and for the necessary ancillary structures being installed.

                                    (b) The equipment shall meet National Certification Codes and Standards.

                                    (c) The construction and facilities shall meet all local building and electrical codes.

                        (Ord. 772)

 

15-706.                        AUTHORITY TO BEGIN OPERATION.  The customer generator shall notify the city in writing of the generating facility’s completion.  The city will ascertain all documentation and inspections have been completed and approved, and then provide written approval to the customer generator to begin normal operation.

                        (Ord. 772)

 

15-707.                        BILLING PRACTICES.  (a) The city shall provide net metering at non-discriminatory rates that are identical with respect to the applicable customer rate, class, retail rate components, and any monthly charges to the rates that a customer would be charged if not a customer generator.

                                    (b) Whenever the amount of electricity delivered by an eligible customer generator in a billing period is equal to or more than the electricity supplied by the city in the same billing period, the customer generator shall not be billed for the energy.  Any excess electric energy shall be retained by the city as a contribution to fixed costs associated with owning and maintaining the facilities required to provide electric service.

                                    (c) Whenever the amount of electricity delivered by an eligible customer generating in a billing period is less than the electricity delivered by the city during the same billing period, billing for the net energy supplied by the city will be made in accordance with the rate schedule applicable to the customer’s assigned rate class.

                                    (d) Customer generators remain responsible for all charges, incurred during each billing period including, but not limited to: customer charges, demand charges, energy cost adjustment charges, facilities charges, transmission charges, environmental charges, late payment charges, and any requirements for deposits or other special charges or fees that are applied to customers that are not customer generators.

                                    (e) If a customer generator makes a written request to terminate net metering, the city shall treat the end of the service period as if it were the end of the billing period and, if applicable, settle with the customer generator according to the appropriate billing practices.

                        (Ord. 772)

 

 

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