Article 1. General and Billing Information
14.1.1. Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
A. Bonds means obligations of the City, for which the principal of and the interest on is paid in whole or in part from special assessments, user fees, sales tax, general ad valorem taxes, or any available City or Stormwater Utility revenues heretofore or hereafter issued to finance the Costs of Capital Improvements.
B. Building Drain means that part of the lowest horizontal piping of a drainage system which receives the release or emit from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner-face of the building wall.
C. Building Sewer means the extension from the building drain to the public sewer or other place of disposal.
D. B.O.D. (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 centigrade, expressed parts per million by weight.
E. Chisholm Creek Utility Authority (CCUA) means that municipal entity of which the City of Bel Aire is a member, by and through an Interlocal Cooperation Agreement, which provides the sewage treatment plant and all associated facilities for the City.
F. City Clerk (Clerk) means the City Clerk of the City of Bel Aire, or a designee.
G. Combined Sewers means sewers receiving both surface runoff and sewage. Combined sewers are not permitted within the City.
H. Contributor means each housing unit, business, building, parcel of real estate or other unit which contributes waste water to the City sewer system and which is assessed a monthly base sewer fee and a monthly user charge.
I. Costs of Capital Improvements means costs incurred by the Stormwater Utility in providing capital improvements as part of the Stormwater Management Program, including, without limitation, alteration, enlargement, extension, improvement, construction, reconstruction, and development of the Public Storm Sewers, professional services and studies connected therewith; principal and interest on Bonds heretofore or hereafter issued, including payment of any delinquencies; studies related to the operation of the system; costs related to water quality enhancements, costs related to complying with federal, state or local regulations; acquisition of real and personal property by purchase, lease, donation, condemnation or otherwise; and for the costs associated with purchasing equipment, computers, furniture and all other items necessary or convenient for the operations of the of the Stormwater Utility.
J. Debt Service means an amount equal to the sum of all interest payable on Bonds during any fiscal year or years, and any principal installments payable on the Bonds during such fiscal year or years.
K. Director means the City Engineer in such individual’s capacity as Director of Public Works of the City, or a designee.
L. Dwelling Unit, in association with Stormwater Management, means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one Family.
M. Equivalent Residential Unit or “ERU” means a unit of measure that is equal to the average Impervious Area per Dwelling Unit located on Residential Property within the City limits.
N. Equivalent Residential Unit Rate or “ERU Rate” means the amount charged for each ERU in calculating the Stormwater Utility User Fee.
O. Exempt Property, in association with Stormwater Management, means public right- of-way, public trails, public streets, public alleys, public sidewalks, and public lands and/or easements in or upon which the Public Storm Sewers are constructed and/or located.
P. Fiscal Year means the designated fiscal year of the City.
Q. Garbage means solid wastes from preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
R. Impervious Area means the total number of square feet of hard surface area on a given property that either prevents or retards the entry of water into the soil matrix, or causes water to run off the surface in greater quantities or at an increased rate of flow, than it would enter under conditions similar to those on undeveloped land. Impervious Area includes but is not limited to, roofs, roof extensions, driveways, pavement and athletic courts.
S. Industrial Wastes means the liquid wastes from industrial processes as distinct from sanitary sewage.
T. Natural Outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
U. Nonresidential Property, in association with Stormwater Management, means all property other than Single Family Property.
V. Normal Domestic Wastewater means wastewater that has a BOD concentration of not more than 300mg/l and a suspended solids concentration of not more than 350mg/l.
W. Operating Budget means the annual budget established for the both the Sanitary Sewer Utility and for the Stormwater Utility for the succeeding Fiscal Year.
X. Operations and Maintenance, in association with Stormwater Management, means, without limitation, the current expenses, paid or secured, by the Stormwater Utility, for operation, maintenance and repair and minor replacement of the Public Storm Sewers or for implementing the Stormwater Management Program, as calculated in accordance with generally accepted accounting practices, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses including professional services, equipment costs, labor costs, and the cost of materials and supplies used for current operations.
Y. Person means any individual, firm, company, association, society, corporation or group.
Z. Properly Shredded Garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
AA Public Sewer means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
AB. Public Storm Sewers means all storm sewers within the City, and all appurtenances and ancillary structures thereto, which have been dedicated to and accepted by the City for ownership and maintenance or otherwise owned by the City.
AC. Residential Property, in association with Stormwater Management, means property used primarily for Single Family Dwelling Units.
AD. Sanitary Sewer means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
AE. Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
AF. Sewerage System means the Sanitary Sewer System.
AG. Sewage Treatment Plant means any arrangement of devices and structures used for treating sewage.
AH. Sewer, Sewer System, Sewer Systems, or Sewage Works means sanitary and/or storm sewers and all appurtenances necessary in the maintenance and operation of the same, including, but not limited to, pumping stations, sewage treatment plants, main sewers, intercepting sewers, out fall sewers, surface drains, channels, rivers, streams and other flood control facilities and works for the collection, transportation, pumping, treating, and disposing of water carried wastes or storm or surface waters.
AI. Slug means any release or emission of water, sewage or industrial wastes 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 times the average of twenty-four (24) hour concentration or flows during normal operation.
AJ. Storm Sewer or Storm Drain means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
AK. Stormwater Management Program means all aspects of work necessary to perform and provide storm and surface water services in the City, including but not limited to administration, planning, engineering, operations, maintenance, best management practices, control measures, public education, citizen participation, regulation and enforcement, protection, and capital improvement of Stormwater Management Systems, plus such expenses as reserves and bond debt service coverage as are associated with provision of the Stormwater Management Program and/or System.
AL. Stormwater Management System means surface water and storm sewers and all appurtenances necessary in the maintenance, operation, regulation, and improvement of the same, including, but not limited to, pumping stations; enclosed storm sewers; outfall sewers; surface drains; street, curb and alley improvements associated with storm or surface water improvements; natural and manmade wetlands; channels; ditches; rivers; streams; detention and retention facilities; and other flood control facilities and works for the collection, conveyance, pumping, infiltration, treating, controlling, managing and disposing of water carried pollutants or storm or surface water.
AM. Stormwater Utility means the utility created by this Chapter for the purpose of implementing and funding the Stormwater Management Program.
AN. Stormwater Utility User Fee means a fee authorized by Charter Ordinance No. 18 and this Chapter, charged to owners of property served and benefited by the Stormwater Utility, which shall be set, and may be updated or modified, through the City’s Fee Schedule as approved by the Governing Body.
AO. Suspended Solids or “SS” means solids that either float on the surface of, or are removable by laboratory filtering.
AP. Undeveloped Land, in association with Stormwater Management, means land that has not been built upon or altered from its natural condition in a manner that disturbed or altered the topography or soils on the property to the degree that the entrance of water into the soil matrix is prevented or retarded.
AQ. User means a contributor of wastewater to the City’s treatment works by way of connection to the City’s sewage system.
AR. Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
AS. Water Meter means a water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by others approved by the City.
AT. Winter Average Consumption (WAC) means that amount of water consumed during the December, January and February billing cycles, which shall establish that amount of water consumed and released back into the sanitary sewage system from regular household uses.
(C.O. 18; Ord. 598)
14.1.2. User fees, other charges.
There is levied on each sanitary sewer system user having a sewer connection with the sewerage system of the City, or otherwise releasing, emitting, placing, or discharging sewage, industrial waste, or other liquids directly or indirectly into the City sewerage system, a monthly sum pursuant to a fee schedule enacted by Resolution of the Governing Body of the City of Bel Aire, Kansas.
(Ord. 385)
14.1.3. Use charges assessed monthly.
A. Requests for sanitary sewer service within the City, where a connection is in place, shall be made at the office of the City Clerk as part of the application for water service. The application shall be in such form as shall be prescribed by the City Clerk in conformance with this Chapter and Section 16.1.3 of the Municipal Water Service Code of the City of Bel Aire.
B. All provisions of a utility customer as set forth in Section 16.1.3 of the Municipal Water Service Code of the City of Bel Aire are hereby made applicable to all sanitary sewer customers of the City.
14.1.4. Billing cycle; full payment.
The Department of Water of the City shall generate a monthly utility bill, including those charges and fees incurred by all properties connected to the City’s sanitary sewer system. Utility bills, including sanitary sewer charges, are generated by the City on the 15th of each month and mailed on the next business day. If the 15th of the month falls on a weekend or holiday, bills are generated on the next business day. Overdue account notices are generated on the first business day after the 10th of the month, and mailed on the subsequent business day.
Payment for sanitary sewer connection is due upon receipt of the monthly bill by the utility customer. Full payment of all outstanding utility charges is required by the 10th of each month. Full payment of the utility bill includes, but is not limited to, the fee assessed for all sanitary sewer used during the billing cycle, any late payment assessed, and any water service disconnect/reconnect fee. Failure to make full payment on an outstanding utility bill may subject the account to water service disconnection in accordance with Chapter 16, Article 1 of this municipal code.
(Ord. 31)
14.1.5. Residential payment options.
A. Occupied Residence. Sewer charges are based upon the average winter consumption, which is the best indicator of that amount of water used exclusively within a structure and released back into the sanitary sewer system each month. A new residential customer may select one of the options from the options below. Once selected such option is binding until the establishment of a winter average consumption.
Option A Prior to establishment of a WAC, an occupied residence my pay a sewer fee calculated monthly which is equal to the volume of water used during that same time period.
Option B An occupied residence may pay a base sewer charge of 5,000 gallons per month until a WAC is calculated.
B. Unoccupied Residence. The account holder of an unoccupied residence may provide written notification to the City Clerk, or designee, on such form as provided by the Clerk of a residence which is temporarily vacated. During such term of vacancy the account holder will be assessed a usage of 1,000 gallons of sewer per month until the home is occupied. Prior to occupancy, as evidence by water usage in excess of 1,000 gallons/month, such customer must provide written notification to the City Clerk, or designee, on such form as provided of an intent to change sewer billing to Option A. Failure to provide such notification shall result in a default application to Option B.
14.1.6. Winter average consumption.
Sewer charges are based upon the average winter consumption (WAC), which is the best indicator of that amount of water used exclusively within a structure and released back into the sanitary sewer system each month. Unusual conditions occurring at a premise during the establishment period of the WAC, including guests staying at the property or the seasonal refilling of a hot tub, will not be adjusted out of the determination of the WAC. If the water is disconnected during the WAC calculation period long enough to impact the credibility of such determination, the City may, at its discretion, offer the account holder the option presented in Section 14.1.5(A) in lieu of the WAC.
If a customer has a verified water leak during the calculation of the winter average, the WAC may be recalculated based upon the WAC established during the preceding year. Verification includes documentation that the leak was repaired, which may include service provider invoices or receipts for applicable replacement parts, such service or purchase having occurred during the term of the WAC.
14.1.7. Delinquent payments.
Late payment fees shall be issued on all utility bills not paid by the 10th of each month by 5:00 p.m. If the 10th of the month falls on a weekend or City holiday, water customers may deposit their payment in the City drop-off box no later than 8:00 am of the first City business day following the 10th of the month to avoid assessment of a late fee. The City is not responsible for payments delayed in the mail or not received by the deadlines noted above. A late fee is equal to 10% of the overdue amount compounded monthly. Late fees shall not be waived. Failure to pay the late fee will result in disconnection of service for non-payment.
(Ord. 370)
14.1.8. Sewer utility fund.
There is hereby created and ordered to be established in the treasury of the City a separate fund hereby designated as the “sewer utility fund”. All revenues derived from sewer service charges, including any investment earnings of such revenue, shall be promptly paid into the “sewer utility fund” upon receipt. The monies in the fund shall be used for the purposes and in the order following:
A. Paying the cost and expense of the administration, operation and maintenance of the sanitary sewer system of the City;
B. Paying the cost of alteration, reconstruction, repair, improvement, extension and enlargement of the sewerage system of the City when authorized specifically by the governing body of the City or as approved in the City's annual capital budget or annual operating budget;
C. Paying the principal of and interest on any bonds that have been heretofore or may be hereafter authorized and issued for the purposes of improving or enlarging or extending main sewers, pumping stations, operated as a part of the City's sanitary sewer system.
Such other accounts within the “sewer utility fund” may be established and maintained as determined necessary by the City for the proper administration of the City's sanitary sewerage system.
(Ord. 31)