ORDINANCE NO. 15 BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

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1 ORDINANCE NO. 15 Amending Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewage Disposal by adding Sections through ; and establishing an effective date. BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: Section 1. That Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewage Disposal is hereby amended by adding Sections through to read as follows: Chapter 60 - SEWERS AND SEWAGE DISPOSAL ARTICLE VII. REDUCTION AND CONTROL OF PRIVATE INFLOW AND INFILTRATION Sec Purpose of Article. The purpose of this article is to reduce the amount of Inflow and Infiltration originating from defects in private property connected to the Public Sewer System. Allowing the flow of storm water and ground water into the Public Sewer System increases the cost of constructing and operating the sewer system and treating wastewater, adversely impacts the effective treatment of wastewater, reduces the available capacity of the system, creates conditions that pollute the waterways, and poses a direct threat to public health and safety by causing or contributing to sewer back-ups and sewer overflows. Sec Definitions. 1. General Provisions: For purposes of this Article, the terms and words used herein shall be defined as set forth below. 2. Specific Definitions. a. Cleanout shall mean a pipe fitting and associated piping that connects to a building sewer or Sewer Lateral Connection and provides access to the line for the purposes of routine inspecting, flushing, rodding, cleaning, and other maintenance and diagnostic purposes. b. Clear Water shall mean any surface or subsurface water other than sanitary sewage including storm water, surface water, roof run-off, intercepted groundwater or subsurface drainage, including, but not limited to, downspouts, yard drains, foundation drains, or other sources of storm water or other run-off.

2 c. Combined Sewer System shall mean that part of the wastewater collection and treatment system that is specifically designated as a Combined Sewer System by the Water Services Department. d. Director shall mean the Director of the Water Services Department or his or her designee. e. Infiltration shall mean water (other than wastewater) that enters a sewer system (including water that enters a sewer system through Sewer Laterals and Sewer Lateral Connections) from the ground through means including, but not limited to, defective pipes, pipe joints, connections, or manholes. f. Inflow shall mean water other than wastewater that enters a sewer system from sources including, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, foundation drains, directly connected sump pumps, storm sewers, catch basins, cooling water discharges, storm waters, surface runoff, street wash waters, or drainage. g. Inflow and Infiltration shall mean the total quantity of water from inflow and infiltration without distinguishing the source. h. Inspection shall mean an inspection of a building sewer lateral and/or building plumbing and premises by an Inspector or duly authorized representative of the Director in order to visually examine the sewer lateral, building plumbing and/or premises for damage, connections, or sources of Clear Water, storm water, surface water or ground water that may enter into the Public Sewer System. i. Inspector shall mean a professional trained and qualified, as determined by the Director, to perform the inspections required by Article VII. j. Non-Sanitary Sewer Connections shall mean any facility that directly or indirectly conveys storm water, surface water, roof run-off, intercepted groundwater or subsurface drainage into sanitary sewers, including, but not limited to, downspouts, yard drains, foundation drains, or other sources of storm water or other run-off. k. Point-of-Sale shall be date of sale or transfer of any parcel of real estate connected to the Public Sewer System. l. Public Sewer System shall mean all portions of the Combined Sewer System and the Separate Sewer System, excluding Sewer Lateral Connections, Sewer Laterals, and Separate Storm Sewer Systems.

3 m. Separate Sewer System shall mean a system of pumping stations and pipes that is intended to carry residential and non-residential wastewater, not stormwater, to treatment plants. All portions of the Public Sewer System not designated as Combined Sewer System shall be deemed to be part of the Separate Sewer System. n. Sewer Lateral shall mean that part of the piping of a sewer system that connects the building plumbing to the Sewer Lateral Connection. Sewer Laterals are the private property of the building owner served by the Sewer Lateral and not private sewers as defined in Section o. "Sewer Lateral Connection shall mean the joint or interface between the Sewer Lateral and the Public Sewer System or the joint or interface between the Sewer Lateral and a private sewer as defined in Section p. Sewer Main shall mean a sewer that is publicly-owned and directly controlled by the City. Sec Jurisdiction. 1. This Article shall be applicable to all properties with connections to the Public Sewer System including public, district, joint district and private sewers as defined in Section The Director is hereby authorized to make rules and regulations for the implementation, operation, administration and enforcement of this Article. All rules and regulations issued pursuant to this Section shall be in writing and made available upon request. Sec Maintenance of Sewer Laterals and Sewer Lateral Connections. 1. Sewer Laterals and Sewer Lateral Connections shall be maintained as follows: a. Shall be kept free from roots, grease deposits, solids, and any prohibited deposit(s) outlined in Article I of this Chapter which may impede the flow or obstruct the transmission of sewage in the sewer main. b. All pipe joints shall be water tight and all pipes shall be structurally sound in order to prevent groundwater infiltration. c. Shall be free of any structural defects such as cracks, openings, rodent holes or missing portions, and the grade shall be uniform without sags or offsets.

4 d. All cleanouts shall be securely sealed with a proper cap at all times. Sec Prohibited Private Property Inflow and Infiltration Sources. 1. Prohibited Connection. All private property connections which permit Inflow and Infiltration to the Public Sewer System are prohibited, including but not limited to: a. Roof drains, b. Sump pumps, c. Interior foundation drain pits, d. Interior and exterior foundation drains, e. Area way drains including but not limited to, outside stairwell drains, driveway drains, patio drains, and yard drains, f. Other sources of surface runoff or ground water connected to the Public Sewer System or to a building sewer or building drain which is connected to the Public Sewer System. 2. Notice of Prohibited Connection. If the Director determines that a prohibited condition exists upon a property, the owner shall be notified in writing of the defect. The notice shall be sent by U.S. mail, first class, to the last known address of the owner. The notice shall list the known deficiencies and request that corrective action be taken. The owner shall disconnect any prohibited connection within 180 days of written notification. Failure of the Director to provide notice of the prohibited connection to the property owner does not relieve the property owner from the obligation to disconnect any prohibited connection or otherwise comply with this Article. 3. To the extent that this provision is in conflict with the Uniform Plumbing Code adopted by the City, the terms of this provision will govern. 4. At the discretion of the Director, properties with existing or proposed connections to the Combined Sewer System may be granted a variance from the requirements of this Section Sec Inspections. WSD may inspect building plumbing to confirm that a property subject to the provisions of this Article does not have a prohibited connection.

5 Sec Corrective Action. 1. Property owners shall take corrective action to disconnect any prohibited connection as defined in Sec Disconnection and any related corrective action shall comply with the Code of Ordinances and any other applicable building code or requirement. Sec Service Lateral and Service Lateral Connection Repair on Public Right-Of- Way or Easements. The Water Services Department may repair, rehabilitate, or replace any Sewer Lateral Connection or Sewer Lateral connected to the Public Sewer System within public rightsof-way or public utility easements, as determined necessary or appropriate by the Director. Repair and maintenance of Service Laterals shall remain the responsibility of the property owner. Sec Inflow and Infiltration Fee. For any property with a prohibited connection which contributes Inflow and Infiltration to the Public Sewer System, the accountholder may be charged a fee each month to pay for the cost of service, but not before 180 days after written notification of the prohibited connection to the owner, sent by U.S. mail, first class. The Inflow and Infiltration fee will be removed after proof of disconnection of the prohibited private property Inflow and Infiltration source. Sec Appeals of Inspection Results or Administrative Actions. Upon the written request of any owner whose property is subject to the private property Inflow and Infiltration surcharge, the Director, or a person designated by the Director, shall review the applicability or amount of the private property Inflow and Infiltration surcharge. Matters which shall be reviewed may include: 1. Whether a property is connected to the Public Sewer System. 2. Whether the prohibited private property Inflow and Infiltration source exists. The determination of applicability or amount of the Inflow and Infiltration surcharge made by the Director or is final.

6 The Director or the owner may appeal the final decision pursuant to Chapter 536 RSMO. Sec Point-of-Sale Inspection Program. The Director is authorized to develop a Point of Sale Inspection Program to identify prohibited connections. Sec Severability. If a court of competent jurisdiction declares that any section, subsection, or provision of this Article is invalid, that ruling shall not affect the validity of any other part of this Article or the Article as a whole, which shall remain in full force and effect. Sec Liability Disclaimer. This Article shall not create a liability on the part of the city, any officer, employee, or delegate thereof, for any damages that may result from reliance on this Article or any administrative decision lawfully made thereunder. Section 2. This ordinance shall become effective on May 1, Approved as to form and legality: Charlotte Ferns Assistant City Attorney

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