The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access- means entry into or upon any real estate or structure including any part thereof.

BOD- (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter.

Building drain- means 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.

Building Official- means the City employee designated for inspections of sewer connections.

Building sewer- means the extension from the building drain to the public sewer or other place of disposal.

City- means the City of Ottawa and its employees empowered to administer this article.

City Inspector- means the supervisor of the Division of Inspection of the Department of Engineering or his authorized Deputy, agent or representative.

Combined sewer- means a sewer receiving both surface runoff and sewage.

Contributor- means any person responsible for the production of sewage or industrial waste which is directly or indirectly discharged into the City’s treatment works.

Director-means the Director of City Utilities or authorized Deputy, agent or representative.

Domestic wastewater- means sewage that has a BOD concentration of not more than 200 mg/l and a SS concentration of not more than 240 mg/l.

Garbage-means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial user- means a source of nondomestic wastewater which is discharged to the treatment works.

Industrial wastes- means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

Infiltration- means water entering a sewer system including sewer service connection from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.  Infiltration does not include and is distinguished from inflow.

Infiltration/inflow-means a combination of infiltration and inflow wastewater in sewer lines with no way to distinguish the basic sources and with the effect of usurping the capacities of sewer systems and facilities.

Inflow-means the water discharged into a sewer system, including service connection, from such sources as, but not limited to, roof leaders; cellar, yard and area drains; foundation drains; cooling water discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewers, combined sewers and catch basins; storm waters; surface water runoff; street wash waters; or drainage.  Inflow does not include and is distinguished from infiltration.

Natural outlet- means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

Operation and maintenance-means all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the wastewater treatment works to achieve the capacity and performance for which such works were designed and constructed.

pH- means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly shredded garbage- means 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 (1/2) inch (1.27 centimeters) in any dimension.

Public sewer- means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

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

Sanitary sewer- means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

Schedule of compliance- means a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance.

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

Sewage treatment works-means a system or facility for treating, neutralizing, stabilizing or disposing of sewage, which system or facility has a designed capacity to receive more than 2,000 gallons of sewage per day.  The term “sewage treatment works” includes appurtenances such as interceptors, collection lines, outfall and outlet sewers, pumping stations and related equipment.  The terms “sewage treatment works” and “wastewater treatment works” as used in this article are synonymous.

Sewer- means a pipe or conduit for carrying sewage.

Sewer district- means a special benefit district duly formed and authorized to plan, construct and operate a public sewage system.

Slug-means 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 24-hour concentration or flows during normal operation.

SS -(denoting suspended solids) means 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.

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

Treatment works- means wastewater treatment works.

Useful life- means the estimated period during which a treatment works will be operated.

User charge-means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the treatment works.

Water meter- means a water volume measuring and recording device furnished and installed by the City, or furnished and/or installed by a user and approved by the City.

Watercourse- means a channel in which a flow of water occurs, either continuously or intermittently;

(K.S.A. 12-3101 et seq.; K.S.A. 12-3104 et seq.; Code 2015)

A.    It shall be 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, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article.

C.    Except as provided in this article, 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.

D.    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 sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the sewer in accordance with the provisions of this article, within thirty (30) days after date of official written notice to do so, provided that such property is located in a block within any sewer district in the City.

E.    If any person shall fail, neglect or refuse to so connect any building and premises with the City sewer system as provided in this article more than thirty (30) days after being notified in writing by authorized City personnel to do so, then the Governing Body may cause such premises and buildings to be connected with the City sewer system and the Commission is hereby authorized to advertise by one publication in the Official City Newspaper, describing the premises, and giving at least ten (10) days’ notice for bids for the construction and making of such sewer connections, and to contract therefore with the lowest responsible bidder or bidders, and cause such premises to be connected with such City sewer system, and to assess the costs and expenses thereof against the property and premises so connected, such assessment to be made in the same manner as other special assessments are made, in manner and form as set forth in subsection (f) of this section.

F.    The Governing Body shall report and certify the costs and expenses of any sewer connections so made by its order as provided in this section to the City Clerk, and the costs and expenses of such sewer connections shall be assessed and charged against the lot or parcel of ground or premises and the buildings and improvements thereon, and the City Clerk, at the time of certifying other City taxes to the County Clerk, shall certify the aforesaid costs and expenses, and the County Clerk shall extend such costs and expenses for the City on the tax roll of the County against such lot or parcel of ground or premises and the building and improvements thereon, and it shall be collected by the County Treasurer and paid to the City in the same manner as other taxes are collected and paid as provided for by law.

(Code 1982)

It shall be unlawful for any person engaged for profit in a commercial business of hauling sewage or cleaning septic sewage tanks or other receptacles of sewage to discharge from a vehicle or other mobile device sewage or diluted parts thereof into the sanitary sewer system of the City.  Violation of this section shall be punished by a fine of not less than $250.00 or more than $500.00.

(Code 2015)

A.    Where a public sanitary sewer is not  within 200 feet under the provisions of section 13-102(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.

B.    Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Building Official.  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 required by the Building Official.  A permit and inspection fee as established by resolution of the Board of Commissioners 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 Building Official.  S/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 Building Official when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within one (1) full working day of the receipt of notice by the Building Official.

D.    The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Health and Environment and the provisions of the Uniform Plumbing Code as adopted by the City.  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 20,000 square feet.  No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E.    At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in this section, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.  Such abandonment and filling shall be inspected by the City Inspector within one (1) full working day of notice.

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

(Code 1982)

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 Community Development Department.

B.    The two classes of building sewer permits are residential and commercial service, and service to establishments producing industrial wastes.  In either case, the owner or his agent shall make application on a special form furnished by the City.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the director.  A permit and inspection fee for residential, commercial or industrial building sewers shall be paid to the City at the time the application is filed at a rate established by resolution of the Commission.

C.    All costs and expenses 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.

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

E.    Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the owner and witnessed by the Building Official, to meet all requirements of this article.  If old building sewers cannot be used, the owner shall plug the discontinued sewer as required by the Building Official.

F.    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 and other applicable rules and regulations of the City.

G.    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.

H.    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.  All such connections shall be made gas tight and watertight.  Any deviation from the prescribed procedures and materials must be approved by the Director before installation.

I.     The applicant for the building sewer 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.

J.     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.

K.    No person shall make connection of roof drains, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Code 1982; K.S.A. 12-631; K.S.A. 12-1505)

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

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

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

1.    Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

2.    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) mb/1 as CN in the wastes as discharged to the public sewer.

3.    Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater treatment works.

4.    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 treatment 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, paper or Styrofoam dishes and cups, milk containers, etc., either whole or ground by garbage grinders.

D.    No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Director 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 Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or 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:

1.    Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius), but in no case shall the heat be in such quantities that the temperature at the treatment works exceeds 104 degrees Fahrenheit (40 degrees Celsius).

2.    Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius.

3.    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 Director.

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

5.    Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances, to such degree that any such material received in the composite sewage at the treatment works exceeds the limits established by the Director for such materials.

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

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

8.    Any water or wastes having a pH in excess of 9.5.

9.    Materials which exert or cause:

a.     Unusual concentrations of inert suspended solid (such as, but not limited to, fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

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

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

d.    Unusual volume of flow or concentration of wastes constituting slugs as defined in this article.

10.  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.

11.  Any noxious or malodorous liquids, gases or solids which, either singly or by inter-action with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

12.  Any substance which may cause the wastewater treatment plant effluent or any other product of the treatment plant such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.  In no case shall a substance discharged to the treatment works cause the wastewater treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under state or federal legislation.

13.  Any material or substance not specifically mentioned in this section which in itself is corrosive, irritating to human beings and animals, toxic or noxious, or which by interacting with other wastes could produce effects harmful to the public health and general welfare, adversely affect treatment equipment or processes, constitute a hazard to human life or animal life or adversely affect the aquatic and animal life of the receiving stream.

E.    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 subsection (D) of this section, and which, in the judgment of the Director, may have a deleterious effect upon the treatment works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:

1.    Reject the wastes.

2.    Require owner pretreatment to an acceptable condition for discharge to the public sewers.

3.    Require owner control over the quantities and rates of discharge.

4.    Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 13-108.

If the Director 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 Director, and subject to the requirements of all applicable codes, ordinances and laws.

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

G.    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.

H.    When required by the Director, 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 earlier appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.  Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director.  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.

I.     When required by the Director, 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 earlier appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.  Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director.  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.

J.     The Director may require a user of the treatment works to provide information needed to determine compliance with this article.  These requirements may include:

1.    Wastewater discharge peak rate and volume over a specified time period.

2.    Chemical analysis of wastewaters.

3.    Information on raw materials, processes and products affecting wastewater volume and quality.

4.    Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

5.    A plot plan of sewers of the user’s property showing sewer and pretreatment facility location.

6.    Details of wastewater pretreatment facilities.

7.    Details of systems to prevent and control the losses of materials through spills to the public sanitary sewers.

K.    All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole referenced in Subsection (H) of this Section, or upon suitable samples taken at such control manhole.  If 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 treatment works and to determine the existence of hazards to life, limb and property.

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

(Code 1982; K.S.A. 12-3105; K.S.A. 65-164 et seq.)

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 treatment works.  Any person violating this Section shall be subject to immediate arrest under charge of disorderly conduct.

(Code 1982; see also Ch. 16)

A.    The Director, and other duly authorized employees of the City bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Director 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.

B.    While performing the necessary work on private properties referred to in Subsection (A, the Director 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.  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 13-105(H).

C.    The Director 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 treatment works lying within such easement.  All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

D.    If, after proper request, entry or access is refused, the City may compel such access by application to a court of competent jurisdiction, provided, however, that the agency complies with the provisions of Section 15 of the State Bill of Rights and the Fourth Amendment to the United States Constitution relating to unreasonable searches and seizures.

E.    If the entry or access is denied after the issuance of a court order as provided in Subsection (D) above it shall thereafter be a Class D misdemeanor to continue to deny entry or access to the City while the City is discharging its official duties under this article.

(Code 2015)

A schedule of wastewater use rates, conditions of service and availability shall be as set by resolution of the Governing Body.  Said schedule shall be on file in the office of the City Clerk.

(K.S.A. 12-3104, 12-3105; K.S.A. 12-3104(a); Code 2015)

Each customer shall make payment of fees set by resolution to be due at the Office of the Utilities Department in the City Hall during regular office hours on or before the due date or within fifteen (15) days thereafter; provided, that if the due date is the twenty-fifth (25th) day of a calendar month, payment may be made on or before the tenth (10th) day of the calendar month following.  If the amount due is not paid within said time, the account shall be classified as delinquent and shall therefore have a late payment fee consisting of the greater of ten dollars ($10.00) or ten percent (10%) of the billed amount.  If the account becomes delinquent five (5) days, the wastewater service of the customer shall be disconnected and remain disconnected until final payment is made of all amounts due, including the late payment fee imposed, plus any applicable disconnection and/or reconnection charges as may be established by ordinance or resolution of the Governing Body.

(K.S.A. 12-3105; Code 2015)

The sewer user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with retirement of bonded indebtedness associated with financing the collection and treatment works which the City may by ordinance designate to be paid by the user charge system.

A.    That portion of the total user charge collected which is designated for operation and maintenance, including replacement purposes and debt retirement needs, shall be deposited in a non-lapsing fund known as the Wastewater Fund and will be kept in an operation and maintenance account which is designated for the specific purpose of defraying operation, maintenance and debt service costs.

B.    Fiscal year-end balances in the Wastewater Fund shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts.  Monies which have been transferred from other sources to meet temporary shortages in the Wastewater Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement.  The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

(Code 2015)

A.    The City shall review the user charge system at least every two (2) years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

B.    The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement of the treatment works.

(Code 1982)

A.    Violation of any provisions of this article shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00).  In addition to the fine, a violator shall be liable to the City for any expense, loss or damage incurred by the City due to the violation.

B.    Each 24-hour period in which such violation shall continue shall constitute a separate offense.

(Code 2015)

Assessments and rates for sanitary sewer use and connections will be set by ordinance of the Board of Commissioners.

(Code 1982)