CHAPTER XX. UTILITIESCHAPTER XX. UTILITIES\ARTICLE 3. WATER SYSTEM

(a)   The city reserves the right of free access to all water and sewer connections and fixtures and the right, without notice, to cut off water and discontinue service at any time for repairs, extensions or other purposes in the public interest, or for a violation of a water or sewer ordinance, law or regulation. When water service is discontinued for violating an ordinance, law or regulation, a charge of $2.00 shall be added to any other accrued charges, and all must be paid before the water service is resumed.

(b)   The city shall not be responsible for any damage, such as the bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water.

(Code 1971, § 26-21)

It shall be unlawful for any person to cause or be instrumental in bringing about any contamination, defilement, pollution or impurity of any water in any of the wells, pumps, reservoirs, tanks, hydrants, mains or pipes of the waterworks of the city or any other water supply in the city intended for human consumption, or to willfully or maliciously do or counsel, aid or abet the doing of any act or thing designed, tending or likely to cause such water to become contaminated, defiled, polluted, impure, tainted, dirty or otherwise unfit for human consumption.

(Code 1971, § 26-20)

There is hereby incorporated by reference for the purpose of regulating water usage and water emergencies within the corporate limits of the city, that certain municipal water conservation plan for the city, second revised edition of 1995, prepared and published in by the state division of water resources, Topeka, Kansas. Not less than three copies of the municipal water conservation plan shall be marked or stamped “official copy as adopted by Ordinance No. 2632,” with all sections or portions thereof intended to be omitted, deleted, modified or changed clearly marked to show any such omission, deletion, modification or change and to which shall be attached a copy of this incorporating ordinance, and filed with the city clerk to be opened to inspection and available to the public at all reasonable hours.

(K.S.A. 12-3009 et seq., 12-3301 et seq.; Code 1971, § 26-181)

All consumers of city water shall keep their own service pipes, stopcocks, meter pit and lid and all other apparatus in good repair and protected from frost at their own expense. The city shall not be liable by reason of the breaking or leaking of any such apparatus.

(Code 1971, § 26-9)

All water service lines between the main and the cutoff shall be maintained by and at the expense of the city.

(Code 1971, § 26-10)

This section does not apply to members of the fire department while fighting fires. It shall be unlawful for any person to open any hydrant, service pipe, stopcock or valve belonging to the city waterworks, without authority from the city manager or the director of utilities. Such authority shall be granted upon a showing that the proposed action is necessary for the proper maintenance of the water system or to preserve public safety.

(Code 1971, § 26-19)

(a)   Application must be made to the city clerk, and a permit obtained before any consumer of water shall connect with or use water from the city water supply for any purpose. Such application must be made to the city clerk by the owner or agent in charge of the property for which water service is requested from the city water supply. The application shall be in writing, and shall state the location and address of the property for which water service is requested, the purpose for which water is to be used, the size of the tap requested, and the separate premises, dwelling units, or service lines to be supplied.

(b)   Before such permit shall be issued by the city clerk, a fee shall be paid to the city clerk therefor, according to the following schedule:

(1)   For a three-quarter-inch tap, with a three-quarter-inch meter and appropriate pit to be furnished by the city, $500.00;

(2)   For a one-inch tap with a one-inch meter and appropriate pit to be furnished by the city, $600.00; and

(3)   For all taps larger than one inch, including appropriate meter and pit, the fee shall be the equivalent of all necessary costs of labor, equipment and materials necessary to properly install any such tap.

(Code 1971, § 26-5)

After a permit has been issued pursuant to section 20-306, the department of utilities will make the tap and install the service line to the meter pit or meter box, as the case may be, except that in no event will the city install, without additional charge, any service line for a greater distance than 80 feet from the main.

(Code 1971, § 26-6)

Every separate premises supplied with water by the city must have its own separate service connection tap, unless the director of utilities grants permission for two or more premises to receive water from the city through one service connection tap. The director of utilities may withdraw such permission at any time. The director shall cut off water service from any connection tap serving more than one premises in violation of this section. Water shall not be turned on until separate taps are provided for each of the premises.

(Code 1971, § 26-7)

(a)   For purposes of this section:

(1)   The portion of any water service line from any private premises to any curbstop valve or similar cutoff shall be denominated a “water service line.”

(2)   Reconstruction occurs when more than one-half of the total linear footage of a water service line is uncovered or any substantial portion thereof is repaired, altered, removed, replaced or rebuilt.

(b)   Application shall be made to the city clerk and a permit obtained before any person shall construct or reconstruct any water service line. Such application must be made to the city clerk by the owner or agent in charge of the real estate upon which the water service line is located. The application shall be in writing, on forms provided by the city, and shall state the location and address of the real property upon which the water service line is located, the purpose for which water is to be used, and the dwelling units and water service lines to be constructed or reconstructed.

(c)   All construction and reconstruction of water service lines shall be subject to an inspection fee of $10.00.

(d)   All construction or reconstruction of water service lines shall conform to the following requirements:

(1)   Construction or reconstruction.

(A)  No building supply shall be less than three-fourths of an inch in size.

(B)  Lines shall be installed to a depth of not less than 48 inches.

(C)  Each individual building supply pipe shall have a master valve installed of a size not less than the service line size. In installations where water meters are used in the basements, an approved valve shall be located on both sides of the meter.

(D)  Outside piping shall be installed without joints if possible. If joints are required, under no circumstances shall they be under the foundation structure.

(E)   All service lines that pass through foundation structures shall be sleeved where possible in old existing structures and in all cases of new construction.

(F)   The use of PVC piping will also require the use of a high quality cleaner and glue. The practice of gluing PVC pipe without using a primer-cleaner shall not be permitted.

(G)  Effective June 9, 1984, the plumbing of faucets and other appurtenances within the meter pit shall not be permitted. Upon finding such existing plumbing in meter pits when service lines are being renewed, the plumbers shall remove the same. Meter pits are intended to house water meters and inlet and outlet piping, not garden accessories.

(2)   Inspection.

(A)  The building supply piping shall be properly installed and then inspected for completeness before lines are buried or otherwise covered, including any borings.

(B)  If redigging a line is required for an inspection, the costs borne for this shall lie with the contractor.

(C)  The inspection shall occur before the system is allowed to be used.

(D)  After the inspection, the lines should be pressure-tested with either air or water pressure and hold either with no leak loss.

(3)   Materials.

(A)  Acceptable materials shall be either copper, PVC (polyvinylchloride), PB (polybutylene), PEX (crosslinked polyethylene), or D.I. (ductile iron) for water use.

(B)  Copper shall be type L or K and shall be for use only within the interior of the structure being served by municipal water. Piping from the municipal water main to the structure shall not be of copper or copper coated material.

(C)  PVC and PB piping shall be rated at least 200 psi for use between the municipal water main and the structure being served by the water line.

(D)  PEX (cross-linked polyethylene) piping is of use only within the interior of the structure and shall be rated under ASTM F-876/F-877 for 160 psi at 73 degrees Fahrenheit, 100 psi at 180 degrees Fahrenheit, and 80 psi at 200 degrees Fahrenheit.

(E)   D.I. shall be a minimum of class 50 in all cases.

(F)   Master shutoff valves are required inside of each structure and shall be of the full flow through ball valve type. Plastic valves are not permitted for this use.

(G)  The provisions of this section are intended to supplement, and not repeal any other requirements imposed by any other ordinance of the city. In the event of a conflict, the conflict shall be resolved by applying the strictest standard.

(Code 1971, § 26-5.1)

(a)   Authority to construct water service line. No person except a water plumber, properly bonded and licensed in accordance with this section, or private owners of land installing the same on their own land, shall construct or reconstruct a water service line as defined by section 20-104

(b)   License. The city clerk shall issue a water plumber’s license concurrently with the issuance of a sewer plumber’s license.

(Code 1971, § 26-5.2)

It shall be unlawful for any plumber or any other person to make a connection to, or use water from, the city waterworks, until a meter has been set. Specifically, it shall be unlawful to use unmetered water from the city waterworks.

(Code 1971, § 26-32)

The city shall select and own all meters used for the measurement of water from the city’s waterworks.

(Code 1971, § 26-33)

Each water meter shall be located in a permanent easement at a point established by the city manager or delegate; provided, however, that if in the judgment of the city manager it is impractical to locate the meter in a pit, the meter may be placed inside the served building, but in such event the meter must be accessible to the city’s employees.

(Code 1971, § 26-34)

The city will maintain and keep in repair all meters through which water from the city’s waterworks is sold; provided, however, that all loss to the city resulting from a meter having been damaged or tampered with by the customers or at their direction, or from a meter which has been damaged as a result of a faulty meter pit owned by the customer, may be assessed against such customers, and the water to such customers may be shut off by order of the director of finance until such loss is paid.

(Code 1971, § 26-35)

The director of finance may have any water meters tested at any time. At the request of any customers, their meters may be tested when they have reason to believe the meters to be inaccurate, provided that customers’ representatives shall be present when the meter is being tested.

(Code 1971, § 26-36)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“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.

“Approval 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.

“Authorized representative” means any person designated by the city manager to administer this article.

“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.

“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.

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

“Consumer” means any individual, firm, partnership, corporation or agency or their authorized agent receiving water from the city.

“Consumers’ water system” means all service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.

“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 or a change in color, taste or odor.

“Cross connection” means any physical connection or arrangement between two 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 backflow from 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.

“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.

“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.

“Public water supply system” means the public water system and the consumers’ water systems.

“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.

“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.

(Code 1971, § 26-8(b))

It is in conformity with Kansas Administrative Regulation 28-15-18 and in the public interest to protect the quality of water to the consumers of the city. This public water supply system is operated by the city in compliance with the policies and regulations of the state department of health and environment, hereafter referred to as “KDHE.” Restrictions are necessary to prevent contamination of the water provided to the consumers from cross connections with the public water supply system.

(Code 1971, § 26-8(a))

The purposes of this article are to:

(1)   Protect the public water supply system from contamination.

(2)   Promote the elimination, containment, isolation or control of cross connection between the public water supply system and nonpotable 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)   Provide for the maintenance of a continuing program of cross connection control which will prevent the contamination of the public water supply system.

(Code 1971, § 26-8(c)(1))

This article will be reasonably interpreted by the city manager. 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.

(Code 1971, § 26-8(c)(2))

This article 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.

(Code 1971, § 26-8(c)(2))

If, in judgment of the city manager or the city manager’s 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 their own expense. Failure or refusal or inability on the part of the consumers to provide such protection shall constitute grounds for the discontinuation of water service to their premises until such protection has been provided.

(Code 1971, § 26-8(c))

(a)   The consumer’s premises shall be open at all reasonable times to the city manager or 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 consumers’ water system.

(b)   On request by the city manager or authorized representative, consumers shall furnish requested information on water-use practices with their premises and in consumers’ water systems.

(c)   On request by the city manager or the city manager’s 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 manager or authorized representative.

(Code 1971, § 26-8(e))

(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 manager or authorized representative.

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

(c)   No service connection may be allowed from the city water supply or mains to any premises supplied by water from any other source unless the city manager or director of utilities grants permission, which permission may be terminated at any time in the interest of public health. The city manager or director of utilities shall have the power to prescribe reasonable regulations for the use of water from another source on premises having a connection with the city water supply. It shall be unlawful for any person to cause a connection to be made or to allow one to exist for any purpose whatsoever between the city water supply and any other source of water supply. Every person having any other source of water supply upon such person’s premises is required at any time and as often as the city manager or director of utilities may request to make a customer’s declaration of nonexistence of cross connection upon a form supplied by the city before such person shall be permitted to obtain or continue to use water from the city water supply. The city water service shall be discontinued upon any premises upon which there is found to be a connection between the city water supply and another water supply, and such service shall not be restored until such cross connection has been discontinued or appropriate protective devices installed as provided in this article.

(Code 1971, § 26-8(d))

(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 manager or the city manager’s 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 manager or authorized representative or the KDHE, the nature and extent of activities on the premises or the materials used in connection with the activities or material 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 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 ensure that cross connections do not exist.

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

(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 manager or 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 manager or 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)   Chillwater systems.

(8)   Cooling towers.

(9)   Feedlots.

(10) Fire protection systems.

(11) Hazardous waste storage and disposal sites.

(12) Hospitals, mortuaries, clinics or other 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.

(Code 1971, § 26-8(f))

(a)   Generally.

(1)   Any backflow prevention device required by this article shall be of a model or construction approved by the city manager or authorized representative and the KDHE.

(2)   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.

(3)   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 section was passed and complies with required inspection and maintenance.

(b)   Installation. Backflow prevention devices required by this article shall be installed at a location and in a manner approved by the city manager or authorized agent. All devices shall be installed at the expense of the water consumer unless the city manager or authorized representative agrees otherwise. Backflow prevention devices installed at the service of 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. 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.

(c)   Inspection and maintenance.

(1)   The consumer is required by this section to inspect, test and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the city manager or authorized representative:

a.     Air-gap separations shall be inspected at the time of installation and at least monthly.

b.    Double-check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every 30 months.

c.     Reduced-pressure-principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.

(2)   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.

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

(4)   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 manager or authorized representative.

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

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

(Code 1971, § 26-8(g)—(i))

(a)   The city manager or authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this article is not installed, tested and maintained in a manner acceptable to the city manager or 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 article to the satisfaction of the city manager or authorized representative.

(Code 1971, § 26-8(j))