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§ 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)
§ 52.089 WHERE PROTECTION IS REQUIRED.
   (A)   An approved backflow prevention assembly shall be installed between the service connection and the point of potential backflow into a customer’s water supply system when in the judgment of the Director of Public Works a health, plumbing, pollution or system hazard exists. The device should be located after the water meter with a minimum of 12 inches and a maximum of 36 inches from the floor to the drain, a minimum of 12 inches from the well to the service pipe, adequate bracing to make the unit secure, 24 inches of unobstructed space from the face of the device for maintenance, repair and testing. The Director of Public Works may require a strainer and a manufacturer’s air gap device of approved type and size to be installed. A manufacturer’s approved air gap device will ensure that the proper air gap is maintained at all times.
   (B)   Backflow protection requirements of facilities connected to the city water system at the time of enactment of this code shall require the completion of appropriate backflow protection measures at these existing facilities in accordance with the following schedule:
      (1)   Phase I:
         (a)   Hospitals;
         (b)   Dental clinics;
         (c)   Medical clinics;
         (d)   Health clinics;
         (e)   Laboratories;
         (f)   Mortuaries;
         (g)   Nursing homes;
         (h)   Convalescent homes;
         (i)   Pharmaceutical plants;
         (j)   Cosmetic plants;
         (k)   Radioactive materials plants;
         (l)   Veterinary establishments;
         (m)   All city-owned facilities;
         (n)   Premises where, because of security requirements or other prohibitions, restrictions or other existing conditions, it is impossible or impractical to make a complete cross-connection premises survey;
         (o)   Automotive service stations;
         (p)   Car washes;
         (q)   Chemical processing plants;
         (r)   Chemical storage plants;
         (s)   Film laboratories;
         (t)   Film development facilities;
         (u)   Laundries;
         (v)   Dry cleaning facilities;
         (w)   Packing facilities;
         (x)   Petroleum processing plants;
         (y)   Petroleum storage plants; and
         (z)   Rendering plants.
      (2)   Phase II:
         (a)   Fire suppression systems;
         (b)   Premises utilizing boilers or water cooling systems;
         (c)   Premises utilizing water recirculating systems and pumps;
         (d)   Beauty salons;
         (e)   Barber shops;
         (f)   Swimming pools with connections to customer service pipes;
         (g)   Feed yards;
         (h)   Stock yards;
         (i)   Kennels; and
         (j)   Pet grooming salons.
      (3)   Phase III:
         (a)   Sand and gravel plants;
         (b)   Food processing plants;
         (c)   Beverage processing plants;
         (d)   Machine tool plants;
         (e)   Dye and metal processing plants;
         (f)   Metal plating plants;
         (g)   Multi-storied buildings greater than three stories in height;
         (h)   Paper product plants;
         (i)   Schools; and
         (j)   Multiple dwelling units served by one water service pipe.
      (4)   Phase IV: All nonresidential and residential facilities not included in Phases I through III.
   (C)   Upon notification by the city, the owner of an affected facility shall have 180 days to complete the required backflow protection measures. If the customer fails to complete protection measures, including submittal of initial certification test results to the city within 90 days, the water service line shall be shut off or penal provision enacted.
   (D)   Backflow preventers shall not be located in any area containing fumes that are toxic, poisonous or corrosive; nor in any area in which they could be damaged by freezing or by excessively high temperatures or pressures, vibrations, physical impact or structural stress; nor knowingly be allowed to conduct highly corrosive or sandy waters without a special testing and maintenance program to assure proper safe operation.
   (E)   The general and specific installation requirements as set forth in the most current edition of the Manual of Cross-Connection Control for those conditions or situations not otherwise provided for herein.
   (F)   Fire protection systems shall be equipped with not less than the backflow prevention assembly as described in the most current edition of the American Water Works Association’s Manual of Cross- Connection Control. Backflow preventers under this regulation and connected to fire protection systems shall be considered part of those systems. As such, they shall not be installed, moved, removed, replaced, shut off or in any way altered unless in strict compliance with the rules and regulations promulgated by the State Fire Marshal and shall be tested and repaired only by authorized fire protection system certified testers and a grade VI backflow test and repair technician. The backflow protection device shall be underwriters laboratory listed.
   (G)   The Nebraska Department of Health and Human Services regulations, Title 179, Ch. 2, as may be amended from time to time, are hereby fully incorporated as if set forth herein and are included within the terms and requirements of this subchapter.
   (H)   The city shall have the authority to issue any order consistent with the provisions of this subchapter in order to protect the public health and safety. Any order shall be in writing and shall clearly state the nature of the order, compliance requirements and set a reasonable date by which compliance must be met. All orders will be mailed to the customer certified mail, return receipt requested.
   (I)   When a containment type backflow assembly is installed, a thermo-expansion device must be provided for within the facility for which such assembly is installed.
(Prior Code, § 52.080) (Ord. 95-38, passed 12-18-1995) Penalty, see § 52.999
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