ORDINANCE NO. 9501

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 8, SECTIONS 19-801, 19-803, 19-804, AND 19-805, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO SEPTAGE WASTE HAULERS, AND REPEALING EXISTING SECTIONS 19-801, 19-803, 19-804, AND 19-805.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 19, Article 8, Section 19-801, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-801             DEFINITIONS.

As used in this Article, the following words shall have the following meanings:

A.         Septage: shall mean septic tank sludges and/or slurries or portable toilet waste strictly generated by sanitary conveniences; provided, industrial or agricultural waste or septage shall be excluded.

B.         Septage Waste Haulers: shall mean any firm, person or corporation engaged in the hauling or transportation and dumping or discharge of septage into the designated City Septage Access Site.

C.        Septage Access Site: shall mean the septage waste dump or discharge site as designated by the Director of Utilities the Municipal Services and Operations Department or his or her authorized agent. (Ord. 5890)

SECTION 2. Chapter 19, Article 8, Section 19-803, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-803             SAME; APPLICATION.

A.         Before any person shall be issued a permit as herein provided, such person shall file, with the Municipal Services and Operations Department of Utilities, an application for a discharge permit in the form prescribed by the Director, accompanied by the applicable fees.

B.         A permit may be issued to a person, firm or corporation upon approval of the application by the Director of Utilities the Municipal Services and Operations Department or his or her designated agent. The applicant shall be notified in writing within 30 days after filing said application as to approval or disapproval of the application.

C.        No permit shall be valid for more than three (3) years.

D.        The Director or his or her designated agent may revoke or suspend, in his or her discretion, any permit issued for any violation of any provisions of this ordinance, rule or regulation of the Municipal Services and Operations Department of Utilities, or violation of any local, state or federal statute, ordinance, rule or regulation dealing with septage, waste, environmental hazards or health, safety and welfare of the public. (Ord. 5890)

SECTION 3. Chapter 19, Article 8, Section 19-804, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-804             DUMPING REPORT.

Prior to dumping or discharging any septage, the Septage Tank Hauler shall be required to complete a dumping/discharge report on a form provided by the Municipal Services and Operations Department of Utilities. Approval for discharge or dumping of any septage shall be required from the designated agent of the Municipal Services and Operations Department of Utilities prior to any dumping or discharge. The designated agent may deny the discharge or dumping of any septage should the agent determine the septage may interfere with the safe operation of the sewage treatment plant or should the designated agent determine the septage may be harmful or detrimental to the health, safety or welfare of the City. (Ord. 5890)

SECTION 4. Chapter 19, Article 8, Section 19-805, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-805             MONITORING AND SAMPLING.

The designated agent of the Municipal Services and Operations Department of Public Utilities may obtain a sample of any septage discharge at the time of dumping or discharge. Said sample may be tested in accordance with the policies and procedures of the Municipal Services and Operations Department of Utilities, State, Federal or local rules and regulations. A permit may be suspended or revoked by the Municipal Services and Operations Department of Utilities, if, after testing, it is determined the discharged septage does not comply with the rules, regulations or laws of the City, State or Federal government. (Ord. 5890)

SECTION 5. Existing Chapter 19, Article 8, Sections 19-801, 19-803, 19-804, and 19-805, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 6. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 7. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of _______, 2018.

APPROVED:

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Stuart Boley, Mayor

ATTEST:

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Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler, City Attorney