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JOHNSON COUNTY CODE OF
REGULATIONS FOR
SANITARY SEWER USE
2003 Edition

ARTICLE 3

STANDARDS FOR CONSTRUCTION OF BUILDING SEWERS/
DAMAGE TO OR INTERFERENCE WITH PUBLIC SEWERAGE SYSTEM PROPERTY


PART A. BUILDING SEWER PERMITS.

Section 1. Types of Permits. There shall be two types of building sewer permits:
(a) Connection Permit
(b) Modified Usage Permit.

Section 2. When Permits Are Required.
(a) Connection Permit. A connection permit shall first be obtained from the Unified Wastewater Districts before any person uncovers, makes a connection with or opening into, uses, alters or disturbs any public sanitary sewer or sewerage system facility owned, operated, maintained, or served by the Unified Wastewater Districts.
(b) Modified Usage Permit Before any person effects a change of use, redevelopment, expansion, or other modification of an existing use, they shall first obtain a Modified Usage Permit from the Unified Wastewater Districts for such change. The Unified Wastewater Districts may require the applicant to submit plans, specifications, engineering reports, technical data, and such other information as may be deemed necessary for application review.
(c) Other Approvals. Before a connection permit or modified usage permit is issued by the Unified Wastewater Districts for any property used or proposed for use such as a food service facility, which , under the provisions of this Code, is required to have a grease interceptor, the owner or operator of the property shall submit to and receive approval of the Environmental Department for the plans and specifications of the grease interceptor, in accordance with the procedures prescribed in Part E of Article 4 of this Code. Thereafter, prior to completing any connection to the sewer system which discharges wastewater through the grease interceptor, as approved, the owner or operator of the food service facility shall obtain a Grease Interceptor Operating Permit from the Environmental Department. The Grease Interceptor Operating Permit shall be issued upon the Administering Agencies’ determination that the grease interceptor, including all connected plumbing and piping, has been installed in compliance with the Code.

Section 3. Application and Condition of Permit.
(a) Connection Permit. Application for a connection permit shall be made by the owner of the premises, or Their designated agent. The Unified Wastewater Districts may require the owner to verify, in writing, the designation of the agent prior to issuance of a connection permit. For existing structures converting from septic or holding tank service to LPS, the applicant shall submit certification from the City or County that all applicable City or County permits have been obtained prior to issuance of a sanitary sewer connection permit.
(b) Modified Usage Permit. Application for a modified usage permit shall be made by the owner or tenant of the premises prior to a change of use, redevelopment, expansion, or other modification of an existing use. The Unified Wastewater Districts may require the applicant to submit plans, specifications, engineering reports, technical data, and such other information as may be deemed necessary for application review.
(c) Permit Conditions. Connection and modified usage permits may contain requirements for construction methods, plan revisions, notifications to interested or affected parties, construction inspections, connection locations, termination of old service connections, prohibited discharges, pretreatment units or facilities, relocation or extension of public sanitary sewer lines to serve tributary areas at private expense, or other conditions deemed appropriate by the Unified Wastewater Districts.

Section 4. Fees. Upon application for and prior to issuance of any permit under this Code, the applicant shall pay any and all applicable permit fees.  Connection and/or modified usage permit fees and charges shall be paid by any person who connects to or causes a modification or change of use for any existing connection to the sewerage system requiring the issuance of a connection or modified usage permit under this Code.  In the event of change of use, redevelopment, expansion or other modification of an existing use the calculated connection and/or modified usage fee shall be adjusted to include only the increased difference of the proposed use versus the existing use.  Connection and/or modified usage fees and charges shall become due and payable prior to commencement of construction of a connection or modification to a connection or the modification of a usage and if unpaid shall become a lien against the property connected to the sanitary sewerage system.  All such fees are payable to the Johnson County Unified Wastewater Districts.
(a) Fee Determination. The application and amount of the permit fee shall be determined by the Unified Wastewater Districts and will follow the latest fee schedule adopted by the BOCC.  Fees are subject to change without notice. Connection fees will be assessed in the manner provided in Charter Resolution No. 29-92 and in accordance with the appropriate fee schedule.  Additional fees may also be required for facilities served by other jurisdictions.
(b) Delinquent or Unpaid Fees. Connection and/or modified usage permit fees and charges that are not paid in full within thirty (30) days following the completion of the connection or modification shall be considered delinquent and accrue interest at the same interest accrues for delinquent ad valorem taxes under State Law. In addition to any interest payable on the past due balance, a late payment fee in the amount of Five Dollars ($5.00) shall be assessed for each delinquent connection and/or modified usage permit fee. Delinquent connection and/or modified usage permit fees and charges shall be collected in the same manner that delinquent ad valorem taxes are collected under State law. In addition thereto, the Board of County Commissioners may cause suit to be commenced against any person or user that has failed to make timely payment of the such connection and/or modified usage permit fees and charges in any Court of competent jurisdiction for the purpose of collecting such charges.
(c) Certification and Lien.
(1) On or before August 15, of each year, the Administrator shall certify to the County Clerk of Johnson County the legal description of any real property that is subject to a lien for delinquent connection and/or modified usage permit fees and charges along with the amount of such charges and interest accrued through the date of certification. Upon receipt of certification, the County Clerk shall place such delinquent connection and/or modified usage permit fees and charges and accrued interest on the tax rolls of the property for collection in the same manner that a lien securing delinquent ad valorem taxes are collected under State Law.
(2) Written Notice of the intent of the Administrator to certify delinquent connection and/or modified usage permit fees and charges and accrued interest to the County Clerk for placement on the tax rolls shall be sent by certified mail at least thirty (30) days prior to certification to the mailing address of the owners of the subject property listed on the real estate tax records at the Johnson County Treasurer’s Office or other known address and to the current billing address of any person or persons residing upon or otherwise occupying the real property who are deemed to be the actual users of the sewer service that shall state:
(i) The intent of the Administrator to certify the delinquent connection and/or modified usage permit fees and charges and interest to the County Clerk for placement on the tax rolls of the subject property unless the connection and/or modified usage permit fees and charges and any accrued interest is paid in full within thirty (30) days from the date of the Notice.
(ii) The date the Administrator intends to certify the lien.
(d) Partial Payments. Any partial payments received in payment of delinquent connection and/or modified usage permit fees and charges shall be applied first to any accrued interest and then to the principal amount of the delinquent connection and/or modified usage permit fees and charges. Payments made prior to such charges being placed on the real estate tax rolls shall be made to the Johnson County Unified Wastewater Districts and deposited in the capital improvement fund of the Johnson County Unified Wastewater Districts. Following the placement of delinquent connection and/or modified usage permit fees and charges on the real estate tax rolls, all payments for such charges shall be made to the Johnson County Treasurer’s Office subject to the procedures under which delinquent ad valorem real estate tax payments are accepted, applied and distributed by the Johnson County Treasurer under state law.

Section 5. Permit Transferability.
(a) Connection permits shall not be automatically transferable but may be assignable upon proper application to the Unified Wastewater Districts.
(b) Modified usage permits are nontransferable.
(c) Grease interceptor operating permits are nontransferable.

Section 6. Permit Expiration. Every permit issued under the authority of this Article shall expire by limitation specified on the permit. If not otherwise stated on the permit, the permit shall expire after one (1) year of the date of issuance if connection is not made to the sewer before then.

PART B. CONSTRUCTION STANDARDS.

Section 1. State Regulations. The Kansas Department of Health and Environment (KDHE) Regulations (K.A.R. 28-16-55, et seq.) concerning the inspection of sewerage systems and connections shall be observed during construction of building sewers in addition to any requirements set out herein.

Section 2. Local Codes. The connection of the building sewer to the public sanitary sewer shall conform to applicable building and plumbing codes as well as to the Unified Wastewater Districts' Service Line Design and Construction Standards. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Unified Wastewater Districts before installation. The connection shall also comply with all conditions stated in the permit.

Section 3. Construction Methods. The size, slope, alignment, and materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing and back-filling the trench, shall all conform to all permit conditions, to the local building and plumbing codes as well as to the Unified Wastewater Districts' Service Line Design and Construction Standards. In the absence of or as amplification of code provisions, the materials and procedures specified in the most recently published version of the Water Environment Federation/American Society of Civil Engineers manual known as “Gravity Sanitary Sewer Design and Construction – MOP FD-5” shall apply.

Section 4. 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 sanitary sewer, wastewater carried by such building drain shall be lifted by a means approved by the Unified Wastewater Districts and discharged to the building sewer. The building sewer shall be installed in a trench deep enough to provide the pipe with at least thirty inches (30") of earth cover. The maximum allowable trench width below a horizontal plane six (6) inches above the top of pipe shall be 30 inches. The maximum allowable trench width below a horizontal plane six (6) inches above the top of pipe shall be 30 inches. LPS discharge lines and pressure mains shall be installed with a minimum of 42 inches of earth cover.

Section 5. Grease, Oil, and Sand Interceptors.
(a) General. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Administering Agency, they are necessary for proper handling of liquid wastes, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located so as to be easily accessible for cleaning, inspection, and sampling. A sample port is required on the discharge line of the interceptor. The design, type, and capacity of the interceptor and port shall be approved by the Administering Agency prior to installation.
(b) Food Service Facilities. In addition to complying with any other applicable requirement under this Code, food service facilities shall comply with the requirements of Article 4, Part E, where applicable, and shall install, as required, a grease interceptor which satisfies the design and installation requirements contained in Article 4, Part E.

Section 6. Inflow Prevention. No person shall make connection, either directly or indirectly, of roof down spouts, interior or exterior foundation or footing drains, areaway drains, crawl space drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected to a public sanitary sewer or to a public sanitary sewer directly, and shall comply with all requirements contained in Resolution WD 92-22, and amendments thereto. Nor shall any person break, damage, destroy, uncover, deface, tamper with, alter or substantially impair the use of any pipe fittings, joints, plugs, caps, or warning stickers or other devices required to be attached to or part of a plugged building drain or building sewer to prevent inflow from such sources directly or indirectly into the public sanitary sewer system.

Section 7. Separate Building Sewers. A separate and independent building sewer shall be provided for every building. If two or more industrial dischargers are located within the same building, separate and independent building sewers may be required by the Unified Wastewater Districts. Multiple dwelling units within the same building may share a building sewer. Maintenance of a shared building sewer shall be provided by a homes association or like group and shall be described in the development covenants recorded with the Register of Deeds. A building sewer shall connect to the public sanitary sewer system as described in the Service Line Requirements section of the most recent version of the Unified Wastewater Districts design document known as “Minimum Plan Requirements for Gravity Sanitary Sewer Mains.” Private building sewer easements shall not be authorized to provide for connection of a building sewer to the system.

Section 8. Reuse of Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and testing as required by the Unified Wastewater Districts, to meet all requirements of the Unified Wastewater District's Service Line Design and Construction Standards in effect at the time of reuse. The cost of such examination and testing shall be borne by the owner of the new building.

Section 9. Repair of Existing Building Sewers. Existing building sewers being repaired or reconstructed shall be constructed in accordance with the Unified Wastewater Districts Service Line Design and Construction Standards for the portion repaired or replaced. The person responsible for the repair work shall call for inspection as outlined in the sewer line standards and in Section 10, below.

Section 10. Construction Inspection. The applicant, or agent, for the connection permit shall notify the Unified Wastewater Districts when the building sewer or any interceptor required under this Code is installed or connected to the public sanitary sewer and is ready for inspection prior to back filling. The connection shall be made as designated on the permit issued by the Unified Wastewater Districts. Any deviation from the requirements of this Article may result in the uncovering and inspection of the sewer line or any interceptor or other pretreatment equipment at the applicant’s expense.

Section 11. Nonconforming Connection. The Unified Wastewater Districts may, at its option, refuse to issue further connection permits to a person or to a corporation, partnership, or limited liability company related thereto, if such person or entity fails to correct existing non-conforming connections, fails to reimburse the Unified Wastewater Districts for damages to the sewerage system caused by non-conforming connections, or fails to correct violations of connection procedures or guidelines adopted by the Administrator for the safe and economical operation and maintenance of the sewerage system. For purposes of this section, a corporation shall be considered related to its shareholders, a partnership to its partners, and a limited liability company to its members. As a condition for the issuance of a connection permit, a person, corporation, partnership, or limited liability company may be required to disclose information reasonably required by the Unified Wastewater Districts to verify whether or not such relationships exist.

Section 12. Responsibilities and Expenses Assumed by the Applicant and Successors. All expenses incident to the installation, connection and maintenance of the building sewer shall be borne by the owner of the building sewer. The owner shall compensate the Unified Wastewater Districts for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and/or building or construction activities at the site. The owner and its successors shall be responsible for the proper maintenance of the entire building sewer line, including the tee and saddle attachment to the manhole or main sewer line, in the manner required by the permit conditions, local building and plumbing codes as well as to the Unified Wastewater Districts' Service Line Design and Construction Standards. This shall include any portion of the building sewers installed under the street or otherwise off-premises. Failure to maintain the building sewer in the manner required by the permit conditions, local building and plumbing codes as well as to the Unified Wastewater Districts' Service Line Design and Construction Standards is a violation of this Code.

PART C. INSPECTIONS.

Section 1. Required Inspections. If plans and/or specifications are required to be submitted by this Code to the Unified Wastewater Districts or the Environmental Department as part of a permit application, the Unified Wastewater Districts and the Environmental Department may inspect the premises prior to, during or after the start of operations as well as during construction to determine compliance with the approved plans and specifications and with any other requirements.

Section 2. Access and Right of Entry. Representatives of the Unified Wastewater Districts and Environmental Department and their authorized agents, shall upon showing of proper identification, have the right to enter and inspect the premises or property to determine compliance with approved plans and specifications and any other permit application requirements.

PART D. DAMAGE TO OR INTERFERENCE WITH SEWERAGE SYSTEM PROPERTY.

Section 1. Damage to or Interference with Sewerage System Property.
No person shall break, damage, destroy, uncover, deface, tamper with, alter, or impair any property of the sewerage system or substantially interfere with the safe and economical operation and maintenance thereof. Covering, burying, paving over, or otherwise modifying access to sewer system manholes is also prohibited.

Section 2. Procedures for Protection of Sewerage System Property.
No person shall erect, construct or develop, nor cause to be erected, constructed or developed, any structure, building, retaining wall, water feature, signage, artifice, improvement or other physical barrier, including roadway-type surfaces or earthen berms, or make changes to ground surface contours over or upon any part of the sewerage system without the prior approval of the Chief Engineer of the Unified Wastewater Districts. If, in the determination of the Chief Engineer, any such structure or improvement shall hinder or interfere with the safe and economical operation and maintenance of the sewerage system, including proper access to lines and facilities, then the Administrator and/or Chief Engineer shall be authorized to issue directives or take other action to protect the sewerage system by ceasing or removing any such structure or improvement at the expense of the person causing the threat or obstruction, or by requiring, at the expense of the person causing the threat or obstruction, such improvements to the sewerage system as may be needed for its protection, which would include but not be limited to relocation of lines or facilities, encasement of lines or pipe, replacement of the sanitary sewer main, structural armoring for drainage way crossings, or similar improvements.



Table of
Contents
Article
1
Article
2
Article
3
Article
4A&B
Article
4C
Article
4D
Article
4E
Article
5
Attachment
A

 
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