CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. WATER

Cast mains shall be tapped on the side and in no case nearer than 15 inches to either end of the section, or nearer than three feet to any other service tap. The corporation cocks and connections used shall be the standard Mueller pattern of equal quality, and shall not be smaller than 3/4 inch corporation, pipe and fittings shall be the standard tap. The service pipe extending from the service connection must always be of Mueller copper service and fittings or of equal quality, and must be laid at right angles with the main from which it extends. The service pipe must be of sufficient length to reach from the main to which it is connected to the point as provided in section 15-102. At this point must be placed a standard inverted key curb cock, over which, and extending above the surface of the ground, must be placed a suitable curb box. When a meter is put in, it must be connected immediately to the curb cock, and shall be of the extension type over which must be placed a suitable cast meter box which shall extend at least two inches above the level of the adjacent sidewalk and on a level with the curb box. A standard tile setting may be used on agreement of the property owner and the waterworks superintendent, to consist of the following: 18 inch concrete or clay tile three feet in depth, with curb cock and fittings to set the meter at the center of the tile and cast iron cover with double frontproof lids, the outer lid to be the locking type.

(Code 1959, 18-101)

The term “city waterworks” shall be interpreted to mean and include all of the pipes lying in the streets of the city, including service pipes for a distance of 39 feet from the center of streets 100 feet wide and 32 feet from the center of streets 80 feet wide.

(Code 1959, 18-102)

There shall be charged for connecting property of the consumer with the water system the following fees:

3/4” tap............. $630

1” tap................ $900

1 1/2” tap....... $1,825

2” tap............. $4,100

If boring is needed to bring the water line across the street an additional charge at a rate of $10.00 per foot will be added.

(Ord. 1242; Ord. 1586; Ord. 1609; Ord. 1623; Ord. 1644; Ord. 1652; Ord. 1660; Ord. 1669)

(a)   In case of renewals of any existing iron service pipes, they shall be replaced in accordance with the established rules and regulations contained in the plumbing code, as incorporated by Chapter 4 of this code.

(b)   The cost of replacing defective iron services in accordance with the plumbing code, from the main to the meter where a new tap is not required, shall be as follows:

3/4” - $25;

1” - $32.50

Larger sizes - 50% of actual cost.

(Ord. 1159, Sec. 1,3)

Should the consumer desire to increase the size of service the cost to the consumer for converting to a larger tap is hereby established as follows:

Existing Size

Proposed Size

Cost

3/4 Inch

1 Inch

$220

3/4 Inch

1 1/2 Inch

$1,175

3/4 Inch

2 Inch

$3,440

1 Inch

1 1/2 Inch

$960

1 Inch

2 Inch

$3,220

(Ord. 1242; Ord. 1586; Ord. 1609; Ord. 1623; Ord. 1644; Ord. 1652; Ord. 1660; Ord. 1669)

Water will not be turned on until the service connection fee is paid. All customers shall keep their own pipes, valves and fittings in good repair, and protected from frost at their own expense and shall prevent unnecessary waste of water. In all cases where the water is connected for use in buildings, whether residence or business, a suitable cock or valve shall be installed and kept in repair, which cock or valve shall shut off all water from the water system of the consumer. The city shall keep in repair and maintain at its expense all service pipes, from the main to the curb cock, including the meter and meter setting. A meter maintenance charge of three percent of the meter deposit shall be charged annually. Meters shall remain the property of the city and all meters damaged by hot water or freezing through negligence shall be charged to the property owner. It is stipulated that no claim for damages or loss shall be made against the city by reason of the breaking or leaking or failure of any pipe, pipes or fittings. The acceptance of service shall constitute acknowledgment of this provision. The installation of services larger than standard service shall be on a basis of actual cost, using the same grade of material. The distance to be figured from the center of the street.

(Code 1959, 18-106)

Before the fire department shall open fire plugs, except in case of fire, they shall notify the city manager of their intention to do so.

(Code 1959, 18-107)

In case of emergency, the city reserves the right to shut off the water at any time or place without notice.

(Code 1959, 18-108)

The superintendent or person in charge of the water system shall keep or cause to be kept up-to-date complete records of the operation of the system, such records to include daily pumpage, a map showing the exact size and location of all fire hydrants, gate valves and mains, cost of operation and other necessary information.

(Code 1959, 18-109)

It shall be unlawful for any person or persons, firm or corporation, except the .fire department, to take water from the fire plugs for any purpose whatever, or to take any water from the water system except through a meter or as otherwise provided in this article.

(Code 1959, 18-110)

The city manager is hereby authorized to designate the time and districts in which the water of the city may be used for the watering of lawns, gardens, trees, shrubs, flowers or other vegetation. Reasonable notice of any such designation shall be given by publication in the official city newspaper or by a reasonable number of handbills distributed in the official city newspaper or by a reasonable number of handbills distributed in the districts.

(Code 1959, 18-111)

New customers who may hereafter ask for metered water service, or customers whose service has been discontinued, who may hereafter ask for water metered service, shall before the water is turned on make the following deposits.

(a)   Deposit one hundred dollars ($100) for electric and fifty dollars ($50) for water, total deposit one hundred fifty dollars ($150).

(b)   Deposits with interest shall be returned to customers who have established a satisfactory payment record after 12 months of continuous service.

(K.S.A. 12-822; Ord. 1327; Ord. 1463; Ord. 1483; Code 2015)

It shall be unlawful for any person to divert water, by means of a pump or otherwise, from locations on property owned by the city unless such person has first complied with the provisions of this article.

(Ord. 1272, Sec. 2)

Prior to diverting water from locations on property owned by the city, an approval of application for temporary permit must first be obtained from the State of Kansas as provided by K.S.A. 82a-727. Upon obtaining such approval from the State of Kansas, the person desiring to 15-3 (R-86) divert water from locations on property owned by the city shall present a copy of such approval to the city clerk who may issue a permit providing for access to the water supply. A permit shall be required for each location of place of use. Diverting water, as used in this article, shall not be construed to mean the obtaining of water through the city’s municipal water system.

(Ord. 1272, Sec. 3)

A fee of $250 shall be paid to the city clerk prior to a permit being issued providing access to the water supply at locations on property owned by the city. The fee may be waived or decreased if the proposed use of water is a public benefit. Such fees shall be credited to the general fund of the city.

(Ord. 1272, Sec. 4)

The permit issued by the city clerk shall contain the following information:

(a)   The date of termination of the permit.

(b)   A description of the location of the point of diversion.

(c)   A description sufficient to define the location of the place where the water is to be used. Such descriptions shall correspond with the descriptions shown in the approval of application for temporary permit obtained from the State of Kansas.

(Ord. 1272, Sec. 5)

Statements will be mailed to patrons on or about the first workday of each month, showing electric, water, sewer, solid waste and wastewater management fees due for the preceding month. The consumer will be required to pay the bill in full to the City of Stockton on or before the 15th day of the month. If the account is not paid on or before the 15th day of each month, a late payment charge of five percent (5%) of the total amount due shall be added to the account. If the amount is not paid on or before the named shut-off date set forth in shut-off notices mailed to the patron, then the service shall be discontinued pursuant to Sections 15-118 through 15-120 of Stockton City Code. Service shall remain disconnected until the account is paid in full and a reconnect fee is paid. Reconnection fees for each utility of electric and/or water service shall be thirty dollars ($30) for reconnection during normal work hours or fifty dollars ($50) for reconnection outside of normal work hours. If any patron has his/her utilities disconnected for non-payment twice or more during any calendar year, then the reconnection fee will be doubled and he/she must pay sixty dollars ($60) for reconnection during normal work hours or one hundred dollars ($100) for reconnection outside of normal work hours. There will be no charge for a disconnection during normal work hours. No disconnects will be performed outside of normal work hours.

(Code 1959, 18-202; Code 1984; Ord. 1559; Code 2015)

Water or other utility service shall be terminated for nonpayment of service fees or charges as provided in sections 15-119:120.

(Code 1984)

(a)   A delinquency and termination notice shall be issued by the city clerk within 10 days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b)   The notice shall state:

(1)   The amount due;

(2)   Notice that service will be terminated if the amount due is not paid by date of the notice;

(3)   Notice that the customer has the right to a hearing before a designated hearing officer;

(Code 1984; Code 2015)

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the utility superintendent. If the officer finds that service should be terminated, an order shall be issued terminating service. The customer shall be notified either in person or by mailing a letter to his last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 1984; Code 2015)

(a)   Lessors of leased premises served by public utilities furnished by the city shall be ultimately liable for payment of the cost of any utilities furnished by the city to such leased premises, whether the utilities are furnished upon the application and request of the lessor or the lessee of such premises.

(b)   If utilities are furnished by the city to leased premises, upon the application and request of the lessee, then the deposit required for-such service shall be paid by the lessee and all billings for utilities furnished shall be made to the lessee. However, if the cost of such utilities are not paid, as and when they become payable, the lessor of the premises served shall be liable for the payment of such cost, plus all interest and penalties provided by all ordinances of the city, in excess of deposits available for such payment. The lessor shall be notified in writing by first class mail within 10 days after such billing becomes delinquent.

(c)   If utilities are furnished to such leased premises on the application and request of the lessor of the premises, then all deposits shall be payable by the lessor, all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of all utilities furnished.

(d)   Such charges for utilities shall if they remain unpaid constitute a lien upon the real estate served, and shall be certified by the City Clerk to the County Clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes collectable by law.

(Code 1984, Ord. 1347)

The rates for water furnished by the water system of the City shall be as follows:

(a)   Residential Single Service Within City Limits:

(1)   The minimum monthly charge which allows the use of up to 1,000 gallons shall be $22.30

(2)   For the next 4,000 gallons (2,000 to 5,000) per month the charge for each thousand gallons or portion thereof shall be $5.70

(3)   For the next 5,000 gallons (6,000 to 10,000) per month the charge for each thousand gallons or portion thereof shall be $6.50

(4)   For the next 10,000 gallons (11,000 to 20,000) per month the charge for each thousand gallons or portion thereof shall be $7.80

(5)   For all over 20,000 gallons per month the charge for each thousand gallons or portion thereof shall be $8.80

(b)   Multiple service (other than mobile home parks):

(1)   The minimum monthly charge for each service, regardless of whether two or more services are connected to the same water meter, which allows the use of up to 1,000 gallons shall be $21.30

(2)   For use all over 1,000 gallons per month the total charge shall be the same as for single service and shall be divided equally between each service.

(c)   Mobile Home Parks:

(1)   The minimum monthly charge for mobile home parks for each unit in the park on the date when water meters are read, except for units individually metered, shall be $22.30

(2)   For use all over 1,000 gallons per month the total charge shall be the same as for single service and shall be divided equally between each service.

(3)   Provided, if the mobile home park is located outside the corporate limits of the City of Stockton, the minimum monthly charge shall be the same as for rural service.

(d)   Commercial/Business Single Service Within City Limits:

(1)   The minimum monthly charge which allows the use of up to 1,000 gallons shall be $22.30

(2)   For the next 4,000 gallons (2,000 to 5,000) per month the charge for each thousand gallons or portion thereof shall be $5.70

(3)   For the next 5,000 gallons (6,000 to 10,000) per month the charge for each thousand gallons or portion thereof shall be $6.50

(4)   For the next 10,000 gallons (11,000 to 20,000) per month the charge for each thousand gallons or portion there of shall be $7.20

(5)   For all over 20,000 gallons per month the charge for each thousand gallons or portion thereof shall be $7.60

(e)   Rural Service:

(1)   The minimum monthly charge which allows the use of up to 1,000 gallons shall be $24.50

(2)   For the next 4,000 gallons (2,000 to 5,000) per month the charge for each thousand gallons or portion thereof shall be $7.80

(3)   For the next 5,000 gallons (6,000 to 10,000) per month the charge for each thousand gallons or portion thereof shall be $9.00

(4)   For the next 10,000 gallons (11,000 to 20,000) per month the charge for each thousand gallons or portion thereof shall be $10.20

(5)   For all over 20,000 gallons per month the charge for each thousand gallons or portion thereof shall be $11.50

(f)   Bulk Water Hauled from Plant Area:

(1)   The charge for each thousand gallons or portion thereof shall be $13.00

(g)   The minimum monthly charge will continue to increase by $2.00 per year for the next 5 years, with the ending date of January 15, 2027.

(Ord. 1242; Ord. 1586; Ord. 1609; Ord. 1623; Ord. 1644; Ord. 1652; Ord. 1660; Ord. 1661; Ord. 1669)

Commencing with the first full billing period following the effective date of this article the City of Stockton, Kansas, will charge a flat fee of $1.50 per month to each customer being billed for the use of water. The fee will be used exclusively for operation and maintenance of the municipal swimming pool. The City will not charge any fee for use of the pool which will be free and open to the public.

(Ord. 1570; Code 2015; Ord. 1652; Ord. 1683)

The following definitions shall apply in the interpretation and enforcement of this policy:

(a)   Air gap separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.

(b)   Approved tester means a person qualified to make inspections; to test and repair backflow prevention/ cross connection control devices; and who is approved by the City.

(c)   authorized representative means any person designated by the City to administer this cross connection control ordinance.

(d)   Auxiliary water supply means any water source or system, other than the City, that may be available in the building or premises. This does not include other KDHE permitted public water supply systems.

(e)   Backflow means the flow other than the. Intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.

(f)   Backflow prevention device means any device, method, or type of construction intended to prevent backflow into the public water supply system.

(g)   Consumer means any individual, firm, partnership, corporation, or agency or their authorized agent receiving water from the City

(h)   Contamination means an introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health, or may cause an aesthetic deterioration, color, taste or odor.

(i)    Cross connection means any physical connection or arrangement between two (2) otherwise separate piping systems; one of which contains potable water of the public water supply system, and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be the backflow the second system to the public water supply system. No physical cross connection shall be permitted between a public water supply system and an auxiliary water supply system.

(j)    Degree of hazard means an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.

(k)   Health hazard means any condition, device, or practice in the public water supply system which could create or may create a danger to the health and well-being of anyone using the water or allow contamination of the water.

(l)    Public water system means the water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumers’ water systems.

(m)  Public water supply system means the public water system and the consumers’ water systems.

(n)   Consumer’s water system means all service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.

(o)   Service connection means the terminal end of the service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

(Ord. 1361; Code 2015)

(a)   Purpose. The purpose of this policy is:

(1)   To protect the public water supply system from contamination.

(2)   To promote the elimination, containment, isolation, or control of cross connection between the public water supply system and non-potable water systems, plumbing fixtures, and industrial process systems or other systems which introduce or may introduce contaminants into the public water system or the consumer’s water system.

(3)   To provide for the maintenance of a continuing program of cross connection control which will prevent the contamination of the public water supply system.

(b)   Application. This ordinance shall apply to all consumers’ water systems. The City may also require cross connection control devices at the service connections of other KDHE permitted public water supply systems served by the City.

(c)   Intent. This policy will be reasonably interpreted by the City. It is the intent of the City to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. If, in the judgment of the City or its authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumers shall immediately comply by providing the required protection at his own expense. Failure or refusal or inability on the part of the consumer to provide such protection shall constitute grounds for the discontinuation of water service to the premises until such protection has been provided.

(Ord. 1361; Code 2015)

(a)   No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public water supply system may exist unless such actual or potential cross connections are abated or controlled to the satisfaction of the City or its authorized representative.

(b)   No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system.

(Ord. 1361; Code 2015)

(a)   The consumer’s premises shall be open at all reasonable times to the City or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross connections in the consumer’s water system.

(b)   On request by the City or its authorized representative, the consumer shall furnish requested information on water use practices within his premises and in the consumer’s water system.

(c)   On request by the City or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer’s water system to determine whether there are actual or potential cross connections. The consumer shall provide the survey results to the City or its authorized representative.

(Ord. 1361; Code 2015)

(a)   An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where, in the judgment of the City or its authorized representative or the KDHE, actual or potential cross connections exist. The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public water supply system.

(b)   An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the City or its authorized representative or the KDHE, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present a health hazard or contamination of the public water supply system from a cross connection. This includes but is not limited to the following situations:

(1)   Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the City or its authorized representative and the KDHE.

(2)   Premises having internal plumbing arrangements which make it impractical to ascertain whether or not cross connections exist.

(3)   Premises where entry is restricted so that inspection for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist.

(4)   Premises having a repeated history of cross connections being established or re-established.

(5)   Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.

(6)   Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.

(7)   Premises where toxic or hazardous materials are handled.

(c)   The following types of facilities fall into one or more of the categories or premises where an approved air gap separation or reduced pressure principle backflow prevention device may be required by the City or its authorized representative or the KDHE to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the City or its authorized representative and the KDHE:

(1)   Agricultural chemical facilities

(2)   Auxiliary water systems, wells

(3)   Boilers

(4)   Bulk water loading facilities

(5)   Car washing facilities

(6)   Chemical manufacturing, processing, compounding or treatment plants

(7)   Chill water systems

(8)   Cooling towers

(9)   Feedlots

(10) Fire protection systems

(11) Hazardous waste storage and disposal sites

(12) Hospitals, mortuaries, clinics or others as discovered by sanitary surveys

(13) Irrigation and sprinkler systems

(14) Laundries and dry cleaning

(15) Meat processing facilities

(16) Metal manufacturing, cleaning, processing and fabricating plants

(17) Oil and gas production, refining, storage or transmission properties

(18) Plating plants

(19) Power plants

(20) Research and analytical laboratories

(21) Sewage and storm drainage facilities—pumping stations and treatment plants

(22) Veterinary clinics

(Ord. 1361; Code 2015)

(a)   Any backflow prevention device required by this ordinance shall be of a model or construction approved by the City or its authorized representative and the KDHE.

(1)   Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.

(2)   Double check valve assemblies or reduced pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the KDHE, unless the device was installed at the time this ordinance was passed and complies with required inspection and maintenance.

(Ord. 1361; Code 2015)

(a)   Backflow prevention devices required by this policy shall be installed at a location and in a manner approved by the City or its authorized agent. All devices shall be installed at the expense of the water consumer, unless the City or its authorized representative agrees otherwise.

(b)   Backflow prevention devices installed at the service connection shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.

(c)   Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturers’ recommendations.

(Ord. 1361; Code 2015)

(a)   The consumer is required by this ordinance to inspect, test, and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the City or its authorized representative.

(1)   Air gap separations shall be inspected at the time of installation and at least monthly.

(2)   Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty months.

(3)   Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five years.

(b)   Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by an approved tester.

(c)   Whenever backflow prevention devices required by this policy are found to be defective, they shall be repaired or replaced without delay at the expense of the consumer.

(d)   The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. All records of inspections, tests, repairs, and overhauls shall be provided within 30 days to the City or its authorized representative.

(e)   All backflow prevention devices shall have a tag showing the date of the last inspection, test, or overhaul or other maintenance.

(f)   Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the City or its authorized representative.

(Ord. 1361; Code 2015)

(a)   The City or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the City or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross connection exists.

(b)   Water service to such premises shall not be restored until the consumer is in compliance with this cross connection ordinance to the satisfaction of the City or its authorized representative.

(Ord. 1361; Code 2015)