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| ARTICLE 1. |
PURPOSE, APPLICABILITY, AND GENERAL PROVISIONS |
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Section 1. |
Title. This Code shall be known and may be cited as The Johnson County
Code of Regulations for Sanitary Sewer Use, 2003 Edition. |
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Section 2. |
Purpose. The purpose of this Code is as follows: |
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(a) |
To protect the public health, the integrity of the environment, and control
use of the sewerage system; and
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(b) |
To prescribe rules, regulations, standards and enforcement procedures for
the use of public sewers, the installation and connection of building
sewers, and wastewater discharges; and |
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(c) |
To set out the procedures to be followed in administering these regulations
and to provide penalties for violations thereof; and |
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(d) |
To prevent interference with operations of a POTW; and |
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(e) |
To prevent pass-through of pollutants to waters of the state; and |
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(f) |
To prevent contamination of POTW sludge; and |
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(g) |
To provide for orderly and productive growth and development in Johnson
County through the use of permits and connection fees; and |
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(h) |
To implement the provisions of the Federal Water Pollution Control Act as
amended by the Clean Water Act of 1977, 33 U.S.C. 1251 et seq.
and the Water Quality Act of 1987; Sections 2002 and 3018(d) of the
Solid Waste Disposal Act as amended, and 40 C.F.R.§403, “General
Pretreatment Regulations for Existing and New Sources of Pollution.” |
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Section 3. |
Authority. This Code is adopted pursuant to the authority provided by
the general powers of K.S.A. § 19-101, et seq., and Johnson County Charter
Resolution No. 29-92, and all amendments thereto. |
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| Section 4. |
Applicability. This Code shall apply to all real property and owners of real property now or
hereafter located within or served by sewer districts and/or sewer facilities owned, operated, or maintained
by the Board of County Commissioners of Johnson County, Kansas; to all users of such sewer
facilities including users served by inter-local agreements as delineated by each agreement; and to any person
who uncovers, makes a connection with or opening into, uses, alters, disturbs or damages sewer facilities owned,
operated, or maintained by the Board of County Commissioners of Johnson County, Kansas. |
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| Section 5. |
Severability.
If any clause, sentence, paragraph, section or subsection of these regulations shall be adjudged invalid
for any reason whatsoever, such judgment shall not affect, repeal or invalidate the remainder thereof,
but shall be confined to the clause, sentence, paragraph, section or subsection thereof found to be invalid. |
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| Section 6. |
Disclaimer of Liability. These regulations shall not be construed or interpreted as
imposing upon the County or any sewer district, its officials or employees (1) any liability or responsibility
for damages to any property; or (2) any warranty that any system, installation or portion thereof that is
constructed or repaired under permits and inspections required by these regulations will function properly. In
addition, any employee charged with enforcement, acting in good faith and without malice in the
discharge of their duties, shall not thereby be personally liable and is hereby relieved from personal
liability for damage that may occur to any person or property as a result of any act required by these regulations. |
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| Section 7. |
Administration.Provisions of this Code shall be administered and enforced by the responsible
Administering Agency. |
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