City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2869-13 §1, adopted July 2, 2013, repealed sections 700.010 — 700.330 and enacted new provisions set out herein. Former sections 700.010 — 700.330 derived from ord. no. 348 Art. I — IX, 6-2-1969; ord. no. 912 §§1 — 3, 8-9-1983; ord. no. 1027 §§1 — 2, 10-14-1986; ord. no. 1409, 8-27-1991; ord. no. 1542 §700.030, 4-19-1994; ord. no. 1663 §1, 2-20-1996; ord. no. 1706 §1, 12-17-1996; ord. no. 1802-98 §1, 7-21-1998; ord. no. 1806-98 §1, 8-18-1998; ord. no. 1812-98 §1, 10-20-1998; ord. no. 1823-98 §1, 11-17-1998; ord. no. 1883-99 §1, 7-19-1999; ord. no. 1920-00 §1, 2-15-2000; ord. no. 1943-00 §1, 5-17-2000; ord. no. 1946-00 §§1 — 2, 6-20-2000; ord. no. 2038-01 §1, 10-30-2001; ord. no. 2152-03 §1, 1-21-2003; ord. no. 2329-04 §1, 11-16-2004; ord. no. 2600-07 §1, 12-18-2007; ord. no. 2625-08 §1, 3-11-2008; ord. no. 2667-08 §1, 11-18-2008; ord. no. 2732-09 §1, 10-20-2009; ord. no. 2763-10 §1, 8-10-2010; ord. no. 2802-11 §1, 10-18-2011; ord. no. 2861-13 §1, 1-8-2013.

Section 700.010 Definitions.

[Ord. No. 2869-13 §1, 7-2-2013; Ord. No. 2880-13 §1, 10-1-2013]
As used in this chapter, the words shall have the meanings prescribed by the IPC or the APWA-KC, except the following terms:
AVAILABLE
A public sewer is available if the sewer main is located within one hundred (100) feet of a property line of the subject property.
PRIVATE SEWAGE DISPOSAL SYSTEM
A disposal system entirely owned and maintained by a private property owner and installed in accordance with or subject to a permit from the Clay County Health Department.

Section 700.020 Intent.

[Ord. No. 2869-13 §1, 7-2-2013; Ord. No. 2880-13 §1, 10-1-2013]
It is the intent of this Chapter to supplement those aspects of public and private sewage disposal not specifically addressed in the International Plumbing Code contained in Section 500.050 of this Code, or any aspect of the public sewer system not specifically covered under the regulations contained in the APWA-KC standards adopted on February 21, 2006, by the Board of Aldermen.

Section 700.030 Connection to Public Sewers Required, When.

[Ord. No. 2869-13 §1, 7-2-2013; Ord. No. 2880-13 §1, 10-1-2013]
A. 
Any new building that is required by Section 701.2 of the International Plumbing Code to be connected to a sewer:
1. 
Shall connect to an available public sewer main; or
2. 
Construct a private sewage disposal system in accordance with the plans and specifications submitted to and approved by the Clay County Health Department, so long as the lot is at least three (3) acres in area, or on a lot smaller than three (3) acres, provided that said lot was platted as a lot prior to October 20, 1998, and connection to a public sewer is impractical due to distance, obstacles, cost or other considerations as determined by the City. Prior to construction of a private sewage disposal system, the property owner must submit a copy of the approved permit from the Health Department to the City.
B. 
For an existing building connected to a private sewage disposal system that fails to comply with any local, County, State, or Federal requirements and/or said system is in need of substantial repair or replacement, where public sewers are not located within one hundred (100) feet:
1. 
The owner may repair or replace said system in compliance with local, County, State, or Federal requirements, so long as the cost of such repair shall not exceed seventy-five percent (75%) of the estimated cost of connection to the nearest public sewer.
2. 
The owner must connect to a public sewer as stated above. To estimate the cost of connection to the public sewer, the cost of installing a public sewer main extension from the nearest public sewer to the property line of said property shall be used to reach such estimate. The public main extension shall be installed solely at the property owner's expense, and thereafter dedicated to the City for future maintenance. In no event shall such sewer extension include a sewer lift or pumping station to be dedicated to the City. Any lift or pump shall be constructed solely on the owner's property and shall be the owner's responsibility for future maintenance.
C. 
In the event that public sewers become available to a property served by a private sewage disposal system, such property's owner shall connect to the public sewer at his sole cost and expense if and when said property's private sewage disposal system fails to comply with any local, County, State or Federal regulation. For purposes of this Section, a public sewer is available if the sewer is located within one hundred (100) feet of the property line of said property.

Section 700.040 Service Connection Fees.

[Ord. No. 2869-13 §1, 7-2-2013; Ord. No. 2880-13 §1, 10-1-2013]
A. 
All connections to a public sewer shall be done subject to a permit issued in accordance with the applicable building codes; and
B. 
A sewer impact fee in accordance with the following table:
Meter Size
(inches)
Fee
5/8 by 3/4 or 1
$2,800.00
2
$5,600.00
3
$8,400.00
4
$11,200.00
6
$16,800.00
C. 
All such funds collected as an impact fee in this Section shall be kept in a fund to be used only for capital improvement projects that expand capacity of the system, including, but not limited to, new sewer lines, upsizing existing sewer lines, removing or replacing sewer lift stations, or upgrading sewer lift stations.

Section 700.050 Protection From Damage.

[Ord. No. 2869-13 §1, 7-2-2013; Ord. No. 2880-13 §1, 10-1-2013]
A. 
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the municipal sewage works. Any person violating this Section shall be subject to immediate arrest under charge of disorderly conduct.
B. 
All public sewer users shall construct their sewers to prevent backflow from the public main with backwater valves.
1. 
All new connections must be in compliance with the building codes adopted at the time of connection, and failure to install or properly maintain such valve or system shall waive any damage claims, and the City shall not be liable for any such damages resulting from, in whole or in part, an inoperable or missing valve.
2. 
All existing users with connections to the sewer system shall have their building sewer so constructed or reconstructed as to prevent backflow from mains; and shall waive any damage claims, and the City shall not be liable for any such damages resulting from, in whole or in part, an inoperable or missing valve.

Section 700.060 Unlawful to Construct a Wastewater Stabilization Pond.

[Ord. No. 2869-13 §1, 7-2-2013; Ord. No. 2880-13 §1, 10-1-2013]
It shall be unlawful for any person to construct as a means of sewage disposal, a wastewater stabilization pond within the City limits of Smithville, Missouri.