Chapter 13.10 WATER

The general management, care, control and supervision of the city water system shall be in the director of public works, who shall be appointed by the mayor with the consent of the governing body. (Ord. 437 § 1. Code 1996 § 15-201)

13.10.02 Regulations.

The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this chapter. (Code 1996 § 15-202)

13.10.03 Service not guaranteed.

The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, and power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers. (Code 1996 § 15-203)

13.10.04 Service connections required.

(a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located public water mains, is hereby required at his or her own expense to make connection to such public water main.

(b) Before any connection is made to the city’s water system a request must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.

(c) There shall be a water meter connection for each single-family dwelling, which dwelling shall be defined as a detached building containing one dwelling unit. (Ord. 610 § 2. Code 1996 § 15-204)

13.10.05 City to make connections.

All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only. (Code 1996 § 15-205)

13.10.06 Connection fees.

The fees for connection to the city waterworks system shall be established by resolution. (Code 1996 § 15-206)

13.10.07 Curb cocks.

There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box. (Code 1996 § 15-207)

13.10.08 Unauthorized service.

It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees, to turn water on or off at the water meter or curb cock shutoff, with a key or in any other manner. (Code 1996 § 15-208)

13.10.09 Meters.

(a) All water furnished to customers shall be metered.

(b) Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.

13.10.10 Meter charge.

A charge of $2.00 per month shall be charged for each meter connected to the water works system of the City of Baxter Springs after April 1, 2016. (Ord. 909 § 1)

13.10.11 Tampering with meter.

It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the water department to turn any curb cock on or off. (Code 1996 § 15-210)

13.10.12 Leaks prohibited – Penalty.

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has passed through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive. (Code 1996 § 15-211)

13.10.13 Service termination and reconnection fees.

If any bill for water, sewer, solid waste (refuse), or any other utility service is not paid in full on or before the twenty-fifth day of each month, service to such customer shall be disconnected and shall not be reconnected until the past due bill is paid in full, together with a reconnection charge of $25.00. Provided, however, if said customer shall be disconnected for a repeat time within a calendar year of the first date of disconnection, then the reconnection fee shall be $25.00 multiplied by the number of disconnections within said calendar year. All monthly billing statements shall state, “Bills not paid in full on or before the twenty-fifth day of each month shall be disconnected.” The city clerk is not required to mail or give additional notices of delinquencies other than the monthly statements. The city clerk shall notify the water department supervisor of all delinquencies on the twenty-sixth day of each month and the superintendent shall proceed immediately to disconnect all unpaid services. (Ord. 889 § 4. Code 1996 § 15-212)

13.10.14 Service fee.

At the time of making application for water service, the property owner or customer shall pay a service fee in the amount and manner specified in BSMC 13.5.03 as amended. (Ord. 795 § 1. Code 1996 § 15-213)

13.10.15 Interrupt service.

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment. (Code 1996 § 15-214)

13.10.16 Prohibited acts.

It shall be a violation of this chapter for any unauthorized person to:

(a) Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond a private property line unless such person is employed by the city;

(b) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city. (Code 1996 § 15-215)

13.10.17 Wasting water.

Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter, in good condition at their expense. (Code 1996 § 15-216)

13.10.18 Right of access.

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines. (Code 1996 § 15-217)

13.10.19 Rates.

(a) Inside City Limits. Effective with the meter billings on February 1, 2020, the rates to be charged for water service furnished by the water works system of the City of Baxter Springs, Kansas, inside the city limits shall be as follows: For all water furnished to any consumer there shall be a minimum charge of $13.25 per month. In addition to the minimum charge, the following rates per 1,000 gallons shall be charged:

(1) From zero gallons to 100,000 gallons: $6.36; and

(2) From and over 100,001 gallons: $6.63.

(b) Outside City Limits. Effective with the meter billings on February 1, 2020, the rates to be charged for water service furnished by the water works system of the City of Baxter Springs, Kansas, outside the city limits, excluding the Baxter Springs Country Club, shall be as follows: For all water furnished to consumers outside the city limits of the City of Baxter Springs, Kansas, there shall be a minimum charge of $20.50 per month. In addition to the minimum charge, the following rates per 1,000 gallons shall be charged:

(1) From zero gallons to 100,000 gallons: $9.07; and

(2) From and over 100,001 gallons: $9.54.

(c) Baxter Springs Country Club. Effective with the meter billings on and after April 1, 2014, the rates to be charged for water service furnished by the water works system of the City of Baxter Springs, Kansas, to the Baxter Springs Country Club for the months of July and August of each year shall be as follows: For all water furnished to the consumer there shall be a minimum charge of $17.50 per month. In addition to the minimum charge, the following rates per 1,000 gallons shall be charged:

(1) From zero gallons to 100,000 gallons: $4.31; and

(2) From and over 100,001 gallons: $4.59.

(d) Effective March 1, 2018, bulk water rates to be charged for water furnished by the water works system of the City of Baxter Springs, Kansas, are as follows:

(1) For all water furnished to any consumer in bulk there shall be a minimum charge of $10.00 per each occurrence of purchase or invoice.

(2) The bulk rate shall be $1.00 per 100 gallons of water. Any bulk sale of less than 100 gallons shall be prorated up to the next hundred. (Ord. 667 § 1; Ord. 686 §§ 1, 2; Ord. 701 § 1; Ord. 702 §§ 1, 2; Ord. 708 § 1; Ord. 709 §§ 1, 2; Ord. 725 § 1; Ord. 726 §§ 1, 2; Ord. 774 § 1; Ord. 775 §§ 1, 2; Ord. 796 §§ 1, 2; Ord. 822 §§ 1, 2; Ord. 826 § 1; Ord. 833 §§ 1, 2; Ord. 846 §§ 1, 2; Ord. 850 §§ 1, 2; Ord. 855 § 1; Ord. 860 §§ 1, 2; Ord. 862 §§ 1, 2; Ord. 887 §§ 1, 2; Ord. 888 § 1; Ord. 908 §§ 1, 2; Ord. 926 § 1; Ord. 935 §§ 1, 2; Ord. 938 §§ 1, 2; Ord. 945 §§ 1, 2. Code 1996 § 15-218)

13.10.20 Payment of bills.

All water bills for the previous month’s water service shall be paid on or before the fifteenth day of the month following the service. For any billing not paid when due, a late charge of 10 percent will be added to the bill. (Code 1996 § 15-219)

13.10.21 Delinquent accounts – Notice – Hearing – Finding – Liability.

Water service shall be terminated for nonpayment of service fees or charges as provided in BSMC 13.5.02. (Code 1996 § 15-220)

Article II. Cross Connection Control

13.10.22 Cross connections – Definitions.

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

“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.

“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.

“Authorized representative” means any person designated by the city to administer this cross connection control 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.

“Consumer’s 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, 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 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 service, then the service connection means the downstream end of the meter. (Ord. 656 § 1. Code 1996 § 15-221)

13.10.23 Cross connection control policy.

(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 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) 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 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.

(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 prevent device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his or her 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. 656 § 2. Code 1996 § 15-222)

13.10.24 Cross connections prohibited.

(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. 656 § 3. Code 1996 § 15-223)

13.10.25 Survey and investigations.

(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 or her 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. 656 § 4. Code 1996 § 15-224)

13.10.26 Where protection is required.

(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 connection 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 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. 656 § 5. Code 1996 § 15-225)

13.10.27 Backflow prevention devices.

(a) Any backflow prevention device required by this article 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 principal 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 Ordinance No. 656 was passed and complies with required inspection and maintenance. (Ord. 656 § 6. Code 1996 § 15-226)

13.10.28 Installation.

(a) Backflow prevention devices required by this policy shall be installed a location and in a manner approved by the city or its authorized agent. All devices shall be installed at the expense of the 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. 656 § 7. Code 1996 § 15-227)

13.10.29 Inspection and maintenance.

(a) The consumer is required by this article 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 12 months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every 30 months.

(3) 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.

(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. 656 § 8; Ord. 658 §§ 1, 2. Code 1996 § 15-228)

13.10.30 Violation and penalties.

(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 policy to the satisfaction of the city or its authorized representative. (Ord. 656 § 9. Code 1996 § 15-229)