CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\Article 3. Sewers

The sewer rate shall be determined by assessing flat fee in conjunction with the sewer usage amount.

(a)   Sewer usage amounts will be determined based upon the average water usage amounts of the winter months of November, December, January, and February. This amount will be reevaluated and assessed during the month of June of every year and use the months of January and February in the current year and November and December from the prior year in determining the 1 average water usage. This determined average monthly water usage will be used as the sewer usage amount for the months of July of the current year through the end of the month of June of the next year.

(b)   The sewer rate is a flat fee of eighteen dollars per month ($18/mo.) per dwelling unit or business when the sewer usage amount as determined in subsection (a) is less than or equal to five thousand (5,000) gallons per month

(c)   When the sewer usage amount as determined in subsection (a) is more than five thousand gallons (5,000) the following shall be used to determine the sewer rate:

(1)   The flat fee rate of eighteen dollars per month ($18/mo.), plus

(2)   One dollar and fifty cents ($1.50) for every one thousand (1,000) gallons or any part thereof used over five thousand gallons (5,000).

(Ord. 361; Ord. 389; Code 2020)

Any individual, company, or cooperation doing any type of sewer connection work to a City Sewer Main shall be subject to the following provisions. Sewer connection work to a City Sewer Main shall be defined as work done in which pipes, fixtures, or any other apparatus is connected directly to a city owned line which is used to transport sewer/waste water.

(a)   The individual, contractor, or company doing the connection work must abide by the following conditions:

(1)   Obtain a permit pursuant to section 15-305;

(2)   Provide and utilize all necessary safety equipment recommended by the Universal Plumbing Code (UPC) and by the Occupational Safety and Health Administration (OSHA) Standards;

(3)   Notify Dig Safe and acquire a ticket number and have the area flagged prior to excavation;

(4)   Notify the City twenty-four hours (24 hrs.) prior to any backfilling in order for the City to inspect the service line and connection to any city line. Backfilling shall be done as directed by the City Superintendent with fill sand. Any repair or damage sustained due to settling after backfilling shall be the responsibility of individual, contractor, or company doing the work. In the event any city property is damaged, it shall be the responsibility of individual, contractor, or company doing the work to properly remedy such damage as directed by the City Superintendent; this shall include but not be limited to streets, curbs, and guttering.

(5)   Provide adequate safety barricades to protect the public;

(6)   Cap any abandoned sewer line created by said work and be responsible for the associated cost;

(7)   NOT connect any service line directly to a manhole or lift station unless written approval is made by the City; and

(8)   Have minimum liability insurance on the work in the amount of one million dollars ($1,000,000.)

(Ord. 409; Code 2020)

All service lines used for sewer connection shall meet the following requirements:

(a)   Plastic: All piping and DWV fittings must be four (4) inch minimum schedule number forty (#40);

(b)   All joints must be properly cleaned and glued to create a watertight bond;

(c)   Service lines shall be on a one eighth (1/8) inch per foot minimum grade;

(d)   One service line per residence or building, unless written approval is made by the City;

(e)   All surface runoff and groundwater discharge including but not limited to roof downspouts, interior or exterior foundation drains, sump pumps discharging water shall not be connected to the city sewer system;

(f)    Cleanout must be provided outside the residence or building which terminates at least six (6) inches above ground level with an appropriate cap. Cleanouts are to be located on private property, not city property;

(Ord. 409; Code 2020)

The following conditions shall be required when any connection is made to the City sewer line:

(a)   Fittings and saddles must be approved by the City Superintendent when making a connection from a service line to the City sewer line;

(b)   Clamps used to connect fittings shall be stainless steel;

(c)   Connections to the City sewer are to be made at a minimum of forty-five (45) degrees to a maximum of ninety (90) degrees from horizontal;

(d)   No part of the service line or fitting shall extend inside the sewer main;

(e)   Any damage to city sewer lines shall be paid for by the individual or company doing the work or the land owner. Such repair work shall be done as directed by the City Superintendent.

(Ord. 409; Code 2020)

An application must be submitted to the City in order to connect to the City Sewer System. Upon successful completion of the application and requirements the City shall issue a permit and the following conditions will be in place:

(a)   The completed application will at minimum require name and permit number, address, phone number, dig safe number, location of proposed connection, construction schedule, type of connection to serve, and signature.

(b)   Proof of liability insurance shall be on file at the City Clerk’s Office.

(c)   The permit shall be on display at the work site.

(d)   A fee of fifty dollars ($50.00) shall be charged in order to obtain a permit.

(e)   A different permit is required every time a connection is made to the City Sewer line.

(f)    Once work is completed, but prior to backfilling the work shall be inspected by the City Superintendent using the City approved Sewer Line Connection Inspection Checklist.

(Ord. 409; Code 2020)

(a)   If in the judgment of the City Superintendent, after inspection, the connection is unsafe or dangerous to persons or property, the superintendent shall have the power to cause the plumbing or plumbing system to be disconnected from the sewer line and shall cap and seal the same. He or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit water to be supplied to the plumbing or plumbing system so sealed until they shall have been made safe and the city superintendent shall have issued a written letter of approval to that effect.

(b)   The owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the city superintendent by the governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings..

(Ord. 409; Code 2020)

(a)   Citation in Municipal Court; penalties: Any individual, contractor, or individual on behalf of a company during the above described connection work that violates any of the terms or conditions of this article shall be punishable by up to 30 days in jail and a minimum fine of five hundred dollars ($500), but said fine shall not exceed two thousand five hundred dollars ($2,500).

(b)   Revocation of ability to obtain permit; grounds; appeals process:

(1)   In the event of a conviction or diversion under subsection (a), the individual and/or the company that the individual represented at the time of the violation will be denied a permit as required by this article for a period of ten (10) years from the date of conviction or diversion.

(2)   Appeals: the aggrieved party in subsection (b)(1) can, at any time during the denial period, request an informal hearing to the City Council of Sublette, Kansas. Said request shall be in writing and be delivered personally to the Sublette City Clerk. Upon receipt of such a request the City clerk shall immediately place the informal hearing on the next regularly held city meeting at which time the aggrieved party shall be given adequate time to present evidence for the council’s consideration. After the informal hearing the city council shall make a decision to maintain the denial of permits for the period, reduce the denial time, or withdraw the denial.

(Ord. 409; Code 2020)

(a)   Purpose. In order to maintain the safety and the health of the residents of the City of Sublette, Kansas the regulation of all wastewater treatment within the City of Sublette is necessary. Improper septic/sewer systems can lead to public health issues as well as the potential contamination of the City water supply. In order to address potential health issues and for the proper treatment of wastewater, the City has spent and continues to spend resources for the proper removal and treatment of wastewater in the City of Sublette, Kansas. 

(b)   City Sewer Required. When readily available, every business, residence, building, person or otherwise shall utilize the City of Sublette’s sewer system.  There shall be no use of private wastewater disposal systems including but not limited to septic tanks within the City limits except for when the City’s sewer system is not readily available.

(c)   Fee and Application. In addition to any other applications as required by law, there shall be an application process prior to any installation of any private wastewater treatment within the City of Sublette. The application shall be filled out at City Hall prior to any work being done and shall be approved by the City Superintendent. Said application and approval shall require a $500 fee, pictures, site map, and any and all other required items on said application.  Prior to approval of the application the City Superintendent shall observe the location in person.  After the application is approved the installer shall have the wastewater treatment system inspected and approved by the City Superintendent prior to the filling and covering of the system.  In the event, the installer fails to obtain said approval then the installer shall uncover the system for a proper inspection; failure to do either is punishable by the penalty provision as contained herein.

(d)   Readily Available Defined. As used in this section the term “Readily Available” shall mean “when a City sewer line is one hundred (100) linear feet or closer from the property line of the applicable parcel in need of a sewer system.”

(e)   When City Sewer Later Becomes Readily Available. After the passage of this ordinance and in the event a private wastewater treatment system is then put into place (such as a septic tank) and City sewer becomes readily available, then, in such event, the private treatment system shall be abandoned and removed or filled and City sewer shall be utilized.  Such abandonment of the private treatment system shall occur as set out by Kansas Department of Health and Environment rules and regulations and other regulations set out by law and done in a safe manner.  Connection to the City sewer system shall occur within 90 days of actual notice from the City that City sewer is available.  Actual notice shall occur either by personal service or certified mail.  Failure to connect to City sewer and abandon the private sewer system after the expiration of the 90 days shall constitute a violation of this ordinance and punished as provided herein. Each and every day thereafter shall constitute a distinct and separate offense.

(f)    Previously Existing Private Wastewater Treatment Systems. In the event a private wastewater treatment system is in place prior to the passage of this ordinance, then said system shall not be affected by this ordinance unless the owner of the same takes any action to improve the system in any way whatsoever.  In the event improvements are made on the system and City sewer is readily available, then said system shall be abandoned as provided herein and City sewer shall be utilized.

(g)   Severability Clause. In the event any portion of this section is deemed invalid or unenforceable, then the City declares its intention to have all other provisions not in conflict thereof remain in full force and effect.

(h)   Penalty. The penalty for violation of 15-308 shall be as provided for in 15-307 and shall further include but not be limited to the forced abatement and closing of a septic system or other private sewer treatment system found in violation of section 15-308. Each and every day noncompliance occurs shall constitute a separate and distinct offense.

(Ord. 450)