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§ 52.069 WORKMANSHIP AND MATERIALS.
   (A)   All workmanship and materials shall comply fully with the requirements of the approved plans and specifications. If at any time within one year after the date of the final inspection any defect shall appear which in the opinion of the City Engineer is due to inferior materials or workmanship, the property owner shall do whatever is necessary to remedy the defect at no cost to the city.
   (B)   The Director of Public Works or City Engineer will notify the property owner in writing of the defects and repairs to be made. If the party notified fails to commence repairs within ten days, the city may cause the defects to be remedied and charge the costs and expense involved to the property owner. The contractor surety shall not be relieved until the defects or repairs are corrected, approved and a written release is furnished to the surety by the city.
(Prior Code, § 52.059) Penalty, see § 52.999
§ 52.070 WATER MAIN INSPECTION AND APPROVAL.
   The City Engineer shall investigate and approve or reject the laying of all water mains. The city shall have the right to enter property containing water mains at all reasonable hours for inspection and investigation purposes.
(Prior Code, § 52.060)
§ 52.071 COMMENCEMENT OF SERVICE.
   Before any water main which is constructed by a private person or entity and connected to the city water system will be accepted and service commenced, the following requirements must be met.
   (A)   The water mains must pass all pressure tests required by either the Department of Public Works or the City Engineer.
   (B)   The water mains must pass all water quality tests required by the city and the Nebraska Department of Health and Human Services.
   (C)   The registered professional engineer licensed to practice in the State of Nebraska must inspect and approve the water main and issue a certificate of completion attesting that the water mains were constructed in accordance with the water main construction plans and specifications.
   (D)   The PW/ES Director and City Engineer must accept the engineer’s certificate of completion.
   (E)   Records must be presented to the City Engineer and Nebraska Department of Health and Human Services in hard copy format and an acceptable computer aided drafting format within 60 days of city acceptance of the project.
(Prior Code, § 52.061)
BACKFLOW PREVENTION
§ 52.085 TITLE.
   This subchapter and any amendments pertaining hereto shall be known as the Backflow Prevention Ordinance.
(Prior Code, § 52.075) (Ord. 95-38, passed 12-18-1995)
§ 52.086 POLICY AND PURPOSE.
   (A)   The purpose of this subchapter is to protect the public water supply system of the city from the possibility of contamination by isolating real or potential sources of contamination or pollution which may backflow into the public water supply system. This subchapter provides for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the potable water supply systems.
   (B)   The Director of Public Works shall be responsible for the implementation of the cross-connection control program as outlined within this subchapter. If, in the judgment of the Director of Public Works, an approved backflow prevention assembly is required for the safety of the public water supply system, then the Director of Public Works shall give notice in writing to the customer to install the device at each recommended location. The Director of Public Works shall inspect and approve all installations of the required backflow prevention assembly. The costs for purchasing, installing and maintaining a backflow prevention assembly shall be the responsibility and sole expense of the customer. The installation of backflow prevention assembly, except for outlet fixture vacuum breakers, shall be by a licensed plumber. Annual testing of all approved backflow prevention assemblies with test ports, except on underground lawn sprinkling systems, shall be tested upon initial installation and annually thereafter by a grade VI water supply operator, certified by the Nebraska of Health and Human Services as a backflow preventer test and repair technician. Test results shall be forwarded to the city on a standard reporting form and signed by the water supply operator. If deemed by the Director of Public Works that maintenance or repairs are necessary, the owner shall be contacted and issued an order to make all necessary maintenance or repairs. The owner shall complete all maintenance or repairs within 30 days. If not, the owner shall be considered in violation of this subchapter and will be subject to disconnection of the service.
   (C)   No person shall install or maintain a water service connection containing cross-connections to a public water supply system or a customer’s potable water supply system unless the cross-connections are abated or controlled in accordance with this rule and as required by the laws and regulations of the Nebraska Department of Health and Human Services.
   (D)   Public water supply customers are required to assess and report potential backflow hazards on their premises and take the necessary steps for the protection of the public health and safety as often as required but not less than every five years. Once backflow and backsiphonage protection requirements have been determined, customers will have three months to complete the installation. Failure to comply will result in water shutoff or implementation of penal provisions.
   (E)   For the purposes of this subchapter, whenever the Director of Public Works is to make any decision or interpretation or whenever reference is made to the fact that the Director of Public Works is to exercise judgment, the decision, interpretation or judgment shall be in accordance with the provisions of this subchapter and any other applicable provisions of this code, and state and federal law.
   (F)   Backflow prevention assemblies shall be required on underground lawn sprinkling systems, but annual testing of these assemblies is not required.
(Prior Code, § 52.076) (Ord. 95-38, passed 12-18-1995) Penalty, see § 52.999
§ 52.087 RESPONSIBILITY.
   The customer, as defined in § 52.001 of this code, if requested by the Director of Public Works, shall designate an individual or individuals who shall be responsible for contact and communications with the Director of Public Works in matters relating to system alteration and construction, monitoring and sampling, maintenance, operation, record keeping and reporting as required by law and these regulations. Any change in assigned responsibilities or designated individuals shall be promptly reported to the Director of Public Works.
(Prior Code, § 52.078) (Ord. 95-38, passed 12-18-1995)
§ 52.088 SURVEYS AND INVESTIGATIONS.
   (A)   It shall be the responsibility of the water customer to conduct or cause to be conducted periodic surveys of water use practices on the customer’s premises as necessary to determine whether there are actual or potential cross-connections in the customer’s water supply system. The Director of Public Works shall have the authority to conduct or cause to be conducted periodic surveys and investigations, of a frequency as determined by the Director of Public Works, of water use practices within a customer’s premises to determine whether there are actual or potential cross-connections to the customer’s water supply system through which contaminants or pollutants could backflow into the public water supply system. The Director may conduct these surveys to provide information in determining what level of protection will be necessary to protect the public health and safety.
   (B)   On request by the Director of Public Works, the customer shall furnish the Director of Public Works information on water use practices within the customer’s premises. If the customer refused to submit the property information or to cooperate in obtaining the proper information, the Director of Public Works shall treat the premises as if no appropriate cross-connection survey has been completed, and in such event, the customer shall be required to a licensed plumber install an approved backflow prevention assembly.
   (C)   The Director of Public Works shall have the right to enter a premises served by the public water supply system at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. In order to inspect the premises, the Director of Public Works shall give notice setting forth a proposed date and time to the customer at least ten days in advance. If the customer cannot make the premises available for inspection at the proposed date and time, the customer shall contact the Director of Public Works and arrange for another date and time for the inspection. If the Director of Public Works and the customer cannot agree on a date and time, the Director of Public Works shall treat the premises as if no appropriate cross-connection survey has been completed and, in such event, the customer shall be required to install an approved backflow prevention device.
   (D)   The Public Property, Safety and Works Committee of the City Council is hereby appointed as the Hearing Board to hear differences between the Director of Public Works and the customer on matters concerning interpretation and execution of the provisions of this subchapter by the Director of Public Works. Any customer aggrieved by being required to pay the expense of installing, furnishing and/or maintaining a backflow prevention assembly may, within 14 days of the act or event causing the grievance, request a hearing in writing to present those grievances to the Hearing Board. The Hearing Board shall schedule the matter for hearing within 30 days and provide written notice of the meeting by first class mail to the customer. The notice shall be mailed to the customer at least seven and not more than 21 days before the hearing. At the hearing, the customer shall first state the nature of the grievance, and the Director of Public Works shall be entitled to respond thereto, whereupon the Hearing Board shall render its decision which will be binding upon the customer and the Director of Public Works, provided it is in compliance with the Nebraska Department of Health and Human Services regulations.
(Prior Code, § 52.079) (Ord. 95-38, passed 12-18-1995)
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