CHAPTER 3: DEPARTMENTS AND UTILITIES
   Article
      1.   WATER DEPARTMENT
      2.   SEWER DEPARTMENT
      3.   FIRE DEPARTMENT
      4.   POLICE DEPARTMENT
      5.   PARKS DEPARTMENT AND SWIMMING POOL
      6.   LIBRARY
      7.   LANDFILL
      8.   AUDITORIUM
      9.   MUNICIPAL ELECTRICAL SYSTEM
      10.   UTILITIES GENERALLY
      11.   PENAL PROVISION
ARTICLE 1: WATER DEPARTMENT
Section
   3-101   Operation and funding
   3-102   Definitions
   3-103   Consumer’s application
   3-104   Water contract
   3-105   Connections not adjacent to mains
   3-106   Installation procedure
   3-107   Stop and waste cocks required
   3-108   Meters required
   3-109   Installation expense
   3-110   Repairs and maintenance
   3-111   Fees and collections
   3-112   Water bills
   3-113   Lien
   3-114   Single premises
   3-115   Restricted use
   3-116   Fire hydrants
   3-117   Private wells
   3-118   Placement of hydrants, fountains and the like
   3-119   Connections for private firefighting purposes
   3-120   Backflow prevention
   3-121   Use of hoses
   3-122   Pollution
   3-123   Water service contracts
   3-124   Inspection
   3-125   Police reports
   3-126   Returns by plumbers of work done
   3-127   Excavations in frozen ground; polluting water
   3-128   Destruction of property
   3-129   Licensed plumber
   3-130   Time
   3-131   Wellhead protection
   3-132   Drought emergency contingency plan
§ 3-101  OPERATION AND FUNDING.
   The municipality owns and operates the Municipal Water Department through the Utilities Superintendent. The governing body, for the purpose of defraying the cost of the care, management, and maintenance of the city’s Water Department may each year levy a tax not exceeding the maximum limit prescribed by state law, on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall remain in the custody of the Municipal Treasurer. The Utilities Superintendent shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his or her office. The Utilities Superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the governing body. The governing body shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time.
(2005 Code, § 3-101)
§ 3-102  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning. Where no definition is specified, the normal dictionary usage of the word shall apply.
   MAIN. Any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and dispersing the same in, the municipality.
   SEPARATE PREMISES. More than one consumer procuring water from the same service or supply pipe. The second premises may be a separate dwelling, apartment, building or structure used for a separate business.
   SERVICE PIPE. Any pipe extending from the shutoff, stop box or curb cock at or near the lot line to and beyond the property line of the consumer to the location on the premises where the water is to be dispersed.
   SUPPLY PIPE. Any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer’s premises where the shutoff, stop box or curb cock is located.
(2005 Code, § 3-102)
§ 3-103  CONSUMER’S APPLICATION.
   Every person or persons desiring a supply of water must make application therefor to the Utilities Superintendent. The Superintendent may require any applicant to make a service deposit in such amount as has been set by the governing body and placed on file at the office of the Municipal Clerk. Water may not be supplied to any house or private service pipe, except upon the order of the Superintendent. The Department shall not supply water service to any person outside the corporate limits without special permission from the governing body; provided, the entire cost of laying mains, service pipe and supply pipe shall be paid by the consumer. Nothing herein shall be construed to obligate the municipality to provide water service to non-residents.
(2005 Code, § 3-103)
§ 3-104  WATER CONTRACT.
   The municipality, through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid. The municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a municipal commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the municipality as and when, according to law, the governing body may see fit to do so. The rules, regulations and water rates hereinafter named in this article shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the municipality, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Utilities Superintendent or his or her agent may cut off or disconnect the water service from the building or premises or place of such violation. No further connection for water service to said building, premises or place shall again be made save or except by order of said Superintendent or his or her agent. Unpaid shall bear interest at the rate of 6% per annum and at such times as the Mayor and City Council may, by resolution, provide the same may be certified to the County Clerk for collection as provided for the collection of other special assessments.
(2005 Code, § 3-104)
§ 3-105  CONNECTIONS NOT ADJACENT TO MAINS.
   Any person desiring to be supplied by the city with water may extend in the street copper pipe beyond the commercial main of not less than three-fourths inch in diameter and not over two inches in diameter, when the property of such consumer does not adjoin the street along which the commercial mains run. From the copper extension main to the consumer’s property, the water service may be laid with approved pipes, after securing the consent of the City Council. Such extensions shall be limited to one household. Upon receipt or a request for a second extension in the same area, or a request to tap onto said initial extension, a new water extension district shall be formed. All extension service shall be paid for and maintained by the consumers. The approval of such extensions does not exempt such customer from being assessed in future water extension or improvement districts. All of such pipe which may be laid in any street shall belong to and become the property of the city. Such extension main or small pipe shall be provided with a stopcock which shall be placed on the curb line of the street in which the commercial main is laid. If the line of small pipe shall cross any alley, the same shall be supplied with a stopcock in the alley, and upon failure of any such person to pay the rent, or any rent that may be due and unpaid, or unprovided for, the person putting in the pipe shall pay the water rent of all parties who are thus supplied, or the Utilities Superintendent will immediately shut off the water supply where the supply of a person refusing to pay cannot be shut off separately. If the supply can be shut off separately, then the supply shall only be cut off from those who refuse or neglect to pay. The city shall have the right, if it elects to do so, to place and control a stopcock, if it is deemed advisable, on the property supplied with water by the pipes provided for in this section and have access to the same at any time, this being a part of the contract with such consumer.
(2005 Code, § 3-105)
§ 3-106  INSTALLATION PROCEDURE.
   (A)   An excavation permit must be obtained from the city for the purpose of installing pipe, or making repairs, the paving, stones and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage.
   (B)   No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade and, during the night, warning lights. After service pipes are laid, the streets, alleys and sidewalks shall be restored to good condition. If the excavation in any street, alley or sidewalk is left open or unfinished for a period of 24 hours or more, the Street Department shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require inspections as are required by the Plumbing Code adopted in Ch. 9 of this code of ordinances. It is the customer’s responsibility to notify the Plumbing Inspector at the time the work is ready for each inspection.
   (C)   All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications prescribed for such installation by the Plumbing Code; provided that, the said rules, regulations and specifications have been reviewed and approved by the governing body.
(2005 Code, § 3-106)
Statutory reference:
   Related provisions, see Neb. RS 16-681
§ 3-107  STOP AND WASTE COCKS REQUIRED.
   There shall be a stop and waste cock attached to every water supply pipe at a point in the building so as to allow the water to be shut off and the pipes to be emptied in freezing weather.
(2005 Code, § 3-107)
§ 3-108  METERS REQUIRED.
   (A)   All water service connected with the water service system of the city shall have placed thereon a water meter of a type and kind to be approved by the Mayor and City Council.
   (B)   No person other than the Utility Superintendent, his or her assistants or a duly authorized plumber shall be allowed to set meters and make the connections to the water service of the city.
(2005 Code, § 3-108)
§ 3-109  INSTALLATION EXPENSE.
   The city will provide one water service tap not larger than one inch to a property, at a cost set by resolution of the governing body, any replacement, additional or layer services requested by the property owner will be installed to property at a cost of material and labor to the customer. No person other than the Utilities Superintendent or his or her duly authorized agent shall tap the water main. The customer shall pay a water service fee in such sum as may be set by resolution of the governing body; provided that, a tap for a three-quarter inch pipe shall be deemed to be the minimum or base tap fee. Non-residents shall pay such tap fees and installation charges in such sums as the Utilities Superintendent, pursuant to resolution of the governing body, shall in each case fix. The extension of commercial mains into unsupplied territory within the corporate limits may be made by means of water extension districts.
(2005 Code, § 3-109)
§ 3-110  REPAIRS AND MAINTENANCE.
   All persons taking water from the city shall keep their own service pipes, stopcocks and apparatus in good repair and protect them from frost at their own expense and shall prevent all unnecessary waste of water. When leaks occur in service pipes, the Utilities Superintendent shall shut off water service until the leak is repaired at the expense of the customer to the satisfaction of the Utilities Superintendent. All water meters shall be kept in repair by the municipality at the expense of the municipality. When meters are worn out, they shall be replaced and reset by the municipality at the expense of the municipality; provided that, if the customer permits or allows a water meter to be damaged, injured or destroyed through his or her own recklessness, carelessness or neglect so that the meter must be repaired or replaced, the Utilities Superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. All meters shall be tested at the customer’s request at the expense of the customer any reasonable number of times; provided that, if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the municipality. The municipality reserves the right to test any water service meter at any time and, if said meter is found to be beyond repair, the municipality shall always have the right to place a new meter on the customer’s water service fixtures at municipal expense. Should a consumer’s meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the preceding year; provided that, if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the Utilities Superintendent. It shall be unlawful for any person to tamper with any water meter, or by any means or device to divert water from the service pipe so that the same shall not pass through said meter, or while passing through said meter, to cause the same to register inaccurately.
(2005 Code, § 3-110)
§ 3-111  FEES AND COLLECTIONS.
   (A)   The governing body has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department.
   (B)   All such fees shall be on file for public inspection at the office of the Municipal Clerk.
   (C)   The Utilities Superintendent shall bill the consumers and collect all money received by the municipality on the account of the Water Department.
   (D)   He or she shall faithfully account for, and pay to the Municipal Treasurer all revenue collected by him or her, taking his or her receipt therefor in duplicate, filing one with the Municipal Clerk and keeping the other on file in the Water Department’s official records.
(2005 Code, § 3-111)
§ 3-112  WATER BILLS.
   Water bills shall be due and upon receipt. All water meters of customers of water furnished by the city shall be read or caused to be read at least monthly by the Utilities Superintendent when weather permits. In the event weather prohibits meter reading, usage shall be estimated and adjusted in accordance with later meter readings. The Utilities Department shall charge and collect from each customer for the amount of water consumed since the last examination together with any other charges, properly itemized, due the Utilities Department. It shall be the duty of each customer of the Utilities Department to pay his or her bills by one of the methods prescribed by the Utilities Department. Bills shall be due on the date mailed and shall be payable for 15 days thereafter, at which time such bills shall become delinquent. Bills not paid after 30 days from mailing may be assessed a penalty charge in an amount set by resolution of the governing body and on file at the office of the Municipal Clerk.
(2005 Code, § 3-112)
§ 3-113  LIEN.
   In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for water service furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent water rent which is hereby declared to be a lien upon the real estate for which the same was used. The Municipal Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of water rent. It shall be the duty of the Utilities Superintendent on June 1 of each year to report to the governing body a list of all delinquent unpaid accounts due for water together with a description of the premises upon which the same was used. The report shall be examined and, if approved by the governing body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(2005 Code, § 3-113)
§ 3-114  SINGLE PREMISES.
   (A)   No consumer shall supply water to other families, or allow them to take water from his or her premises, nor after water is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premises for alteration, extension or attachment without the written permission of the Utilities Superintendent.
   (B)   It shall further be unlawful for any person to tamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the water will not pass through the meter or while passing through said meter to cause the meter to register inaccurately.
(2005 Code, § 3-114)
§ 3-115  RESTRICTED USE.
   (A)   The governing body or the Utilities Superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire or other good and sufficient cause.
   (B)   The municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the municipality has no control.
(2005 Code, § 3-115)
§ 3-116  FIRE HYDRANTS.
   All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the Municipal Fire Department under the orders of the Fire Chief, or the Assistant Fire Chief; or members of the Water Department to open or attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with the hydrants.
(2005 Code, § 3-116)
§ 3-117  PRIVATE WELLS.
   No person or organization shall drill a private water well or any test hole that would penetrate the water table without first obtaining a permit from the Department of Utilities. Any well drilled and operated pursuant to such permit shall comply with the Minimum Standards for Private Water Wells, as recommended by the state’s Department of Health.
(2005 Code, § 3-117)
§ 3-118  PLACEMENT OF HYDRANTS, FOUNTAINS AND THE LIKE.
   No hydrant, except for a public drinking fountain, shall be placed within the limits of any street and no drinking fountain shall be erected for general use which has openings by which it can be used as a source of domestic supply.
(2005 Code, § 3-118)
§ 3-119  CONNECTIONS FOR PRIVATE FIREFIGHTING PURPOSES.
   If any consumer or business who are regular consumers of water from the water system of the city wish to lay large pipes with hydrants and hose couplings to be used only in case of fire, he, she or they will be permitted to connect with street mains at his, her or their own expense upon application to the City Council and the Utilities Superintendent, and under his, her or its directions will be allowed the use of water for fire purposes only free of charge.
(2005 Code, § 3-119)
§ 3-120  BACKFLOW PREVENTION.
   (A)   Scope and purpose. The purpose of this section 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 section provides for the creation and maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the potable water supply system.
   (B)   Responsibilities and enforcement.
      (1)   The Superintendent of Utilities shall be responsible for the implementation of the backflow prevention program as outlined within this section. If, in the judgment of the Superintendent of Utilities, hereinafter known as the Superintendent of Utilities, or any person designated by him or her, an approved backflow prevention device is required for the public safety of the public water supply system, the Superintendent of Utilities shall give notice in writing to the consumer to install said device at each recommended location. The Superintendent, or his or her designated representative, shall inspect and approve all installations of the required backflow prevention devices. The costs for purchasing, installing and maintaining a backflow prevention device shall be the responsibility and sole expense of the consumer. The installation of backflow prevention devices, except for outlet fixture vacuum breakers, shall be by a licensed plumber. The installation of backflow prevention devices for lawn sprinkler systems may be by installers registered with the city. Initial and annual testing is required of all double check valves, pressure vacuum breakers and reduced pressure zone devices and shall be performed by a State Department of Health certified Grade 6 water operator at the expense of the consumer. Note: annual inspections are not required for lawn sprinkler system backflow devices. If deemed necessary by the Superintendent of Utilities that maintenance or repairs are necessary, the owner shall be contacted and issued an order to make all necessary repairs or maintenance. The owner shall complete all maintenance or repairs within 30 days; if not, the owner shall be considered in violation of this section and will be subject to disconnection of the service as provided in § 3-104 of this article.
      (2)   No person shall install or maintain a water service connection containing cross-connections to a public water supply system or a consumer’s potable water supply system unless such cross- connections are abated or controlled in accordance with this rule, and as required by the laws and regulations of the state’s Department of Health.
      (3)   For the purposes of this section, whenever the Superintendent of Utilities is to make any decision or interpretation, or whenever reference is made to the fact that the Superintendent of Utilities is to exercise judgment, such decision, interpretation or judgment shall be in accordance with the provisions of this section, and any other applicable provisions of the city code, and state and federal law.
      (4)   The Superintendent of Utilities shall have the right to enter a premises served by the public water supply at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. In order to inspect a premises, the Superintendent of Utilities shall give notice setting forth a proposed date and time to the consumer at least ten days in advance. If the consumer cannot make the premises available for inspection at the proposed date and time, the consumer shall contact the Superintendent of Utilities and arrange for another date and time for inspection. If the Superintendent of Utilities and the consumer cannot agree on a date and time, then the Superintendent of Utilities shall treat the premises as if no appropriate cross-connection survey has been completed and, in such event, the consumer shall be required to install an approved backflow prevention device as required in division (D) below. In the event that the Superintendent of Utilities determines that an inspection of the premises is necessary, he or she may obtain an inspection warrant in accordance with the provisions of Neb. RS 29-830 through 29-835.
      (5)   The consumer, as defined in these regulations, if requested by the Superintendent of Utilities, shall designate an individual or individuals, who shall be responsible for contact and communications with the Superintendent of Utilities 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 Superintendent of Utilities.
      (6)   It shall be the responsibility of the water consumer to conduct or cause to be conducted, periodic surveys of water use practices on his or her premises as necessary to determine whether there are actual or potential cross-connections in the consumer’s water supply system. The Superintendent of Utilities shall have the authority to conduct or cause to be conducted periodic surveys and investigations, of a frequency as determined by the Director, of water use practices within a consumer’s premises to determine whether there are actual or potential cross-connections to the consumer’s water supply system through which contaminates or pollutants could backflow into the public water supply system. The Superintendent of Utilities may conduct these surveys to provide information in determining what level of protection will be necessary to protect the public health and safety.
      (7)   On request by the Superintendent of Utilities, the consumer shall furnish the Superintendent of Utilities information on water use practices within the consumer’s premises. If the consumer refuses to submit the proper information or to cooperate in obtaining the proper information, the Superintendent of Utilities shall treat the premises as if no appropriate cross-connection survey has been completed and, in such event, the consumer shall be required to install an approved backflow prevention device as required in this section.
   (C)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      AIR GAP SEPARATION. The unobstructed vertical distance through the free atmosphere between the lowest opening of any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the said receptacle. An approved AIR GAP shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the receptacle and, in no case, less than one inch.
      ANTISIPHON VACUUM BREAKER. A device which restricts the backflow of water into a potable water system by a simple check valve. The vacuum is broken by allowing air to enter upstream of the check valve.
      APPROVED. A backflow prevention device or method has been accepted by the authority having jurisdiction as being suitable for the intended use.
      AUXILIARY WATER SYSTEM. Any water supply system available to the premises other than the public water supply system and includes the water supplied by such system. These AUXILIARY WATER SYSTEMS may include water from another owner’s public water supply system; polluted or contaminated water, process fluids; used water; or other sources of water of which the owner of the public water supply system does not have sanitary control.
      BACKFLOW or BACKSIPHONAGE. The flow of water or other liquids, mixtures or substances into the water distribution system from any other source other than the intended source of the potable water supply.
      BACKFLOW PREVENTION DEVICE. Any device, method or type of construction intended to prevent backflow into a potable water system. Devices such as an “approved air gap”, “double check-valve assembly”, “anti-siphon vacuum breaker” or a “reduced pressure principal device” can be used which have been approved by the authority having jurisdiction.
      CONSUMER. The owner or person in control of any premises supplied by or any manner connected to a public water supply system.
      CONSUMER’S WATER SUPPLY SYSTEM. Any water supply system, located on the consumer’s premises, supplied by or in any manner connected to a public water supply system. A household plumbing system is considered to be a CONSUMER’S WATER SUPPLY SYSTEM. A fire suppression system is also considered a CONSUMER’S WATER SUPPLY SYSTEM.
      CONTAMINATION. An impairment of the quality of the water by sewage or waste to a degree which could cause an actual hazard to the public health through poisoning or through spread of disease by exposure.
      CROSS-CONNECTION. Any arrangement whereby contamination due to backflow or backsiphonage can occur.
      DEGREE OF HAZARD. A term derived from an evaluation of the potential risk to health and the adverse effects upon the potable water system.
      DOUBLE CHECK VALVE ASSEMBLY. An assembly composed of two single, independently acting, check valves including 100% closing shutoff valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve, except where required by the state’s Fire Marshal, C.S.Y. valves will be allowed.
      HEALTH HAZARD. Any condition, device or practice in a water system or its operation that creates, a real or potential danger to the health and well-being of the consumer.
      INTERCHANGEABLE CONNECTION. An arrangement or device that will allow alternate but not simultaneous uses of two sources of water.
      LICENSED PLUMBER. A person who has obtained the appropriate license from the Mayor and Council to perform plumbing related work within the limits of the city’s jurisdiction.
      MANAGER. The City Administrator or authorized representative.
      NON-POTABLE WATER. Water not safe for drinking, personal or culinary use, or which does not meet the requirements of the state’s Department of Health.
      OWNER. The person delivering water through a public water system. The OWNER is the city operating through the Utilities Department.
      PERSON. The state, any political subdivision, public or private corporation, individual, partnership or other legal entity. When the term “he”, or “his”, is used, it shall mean any male or female person.
      PLUMBING HAZARD. A plumbing type cross-connecting in a consumer’s potable water system that has not been properly protected by air-gap separation or backflow prevention devices.
      POLLUTION. The presence in water of any foreign substance (organic, inorganic or biological) that degrades the quality of water to a degree which does not necessarily cause an actual hazard to the public health, but which does adversely and unreasonably affect such waters for any desired use.
      POLLUTION HAZARD. A condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or the consumer’s water supply system.
      POTABLE WATER. Water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the state’s Department of Health.
      PRESSURE VACUUM BREAKER. A backflow prevention device consisting of a spring loaded check valve, a spring loaded popper air opening, upstream and downstream resilient shutoff valves and two properly located test cocks.
      PUBLIC WATER SUPPLY SYSTEM. A water supply system designed and intended to provide potable water to a designated consumer. The water supply shall include the water supply source and distribution piping network. The WATER SUPPLY SOURCE is defined as any artificial or natural accumulation of water used to supply the potable water system. The distribution piping network includes all piping, pumping and treatment devices used to convey an adequate quality and quantity of potable water to the consumer.
      REDUCED PRESSURE ZONE BACKFLOW PREVENTION DEVICE. A device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include 100% closing shutoff ball valves located at each end of the device, and each device shall be fitted with properly located test cocks.
      SERVICE CONNECTION. The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the SERVICE CONNECTION means the downstream end of the meter.
      SYSTEM HAZARD. A condition posing an actual or potential threat of damage to the physical properties of the public’s or the consumer’s water supply system.
      USED WATER. Any water supplied by the public water supply system to a consumer’s water supply system after it has passed through the service connection and is no longer under the sanitary control of the water supplier.
   (D)   Where protection is required.
      (1)   An approved backflow prevention device shall be installed between the service connection and the point of potential backflow into a consumer’s water supply system when, in the judgment of the Superintendent of Utilities, a health, plumbing, pollution or system hazard exists or has the potential to exist in the future.
      (2)   An approved backflow prevention device shall be installed when the following conditions are found by the Superintendent of Utilities to exist:
         (a)   Premises on which any substance is handled in such a fashion as to create an actual or potential hazard to a public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from a public water supply system which are no longer under the sanitary control of the owner;
         (b)   Premises having internal cross-connections that, in the judgment of the Superintendent of Utilities, are not correctable, or there exist intricate plumbing arrangements which made it impracticable to determine whether or not cross-connections exist;
         (c)   Premises having a repeated history of cross-connections being established or reestablished; or
         (d)   Premises having more than one customer service connection which could constitute a potential cross-connection.
      (3)   An approved backflow prevention device shall be installed on each service line to a customer’s water supply system serving the following types of facilities unless the Superintendent of Utilities determines that no health, pollution or system hazard to the public water supply system exists:
         (a)   Hospitals, mortuaries, dental clinics, nursing and convalescent homes, medical buildings;
         (b)   Testing laboratories, film laboratories, film development facilities;
         (c)   Sewage treatment plants, sewage pumping stations or storm water pumping stations;
         (d)   Food or beverage processing plants;
         (e)   Chemical plants;
         (f)   Metal de-greasing, plating industries, machine tool plants, dye and metal processing or productions;
         (g)   Chemical and petroleum processing or storage plants;
         (h)   Car washes, automobile servicing facilities;
         (i)   Lawn irrigation systems, swimming pools and greenhouses;
         (j)   Laundries and dry cleaners;
         (k)   Packing houses;
         (l)   Power plants;
         (m)   Premises having radioactive materials such as laboratories, industries, hospitals;
         (n)   Rendering plants;
         (o)   Premises having water recirculating systems as used for boilers or cooling systems;
         (p)   Veterinary establishments, kennels, feedyards, stables, rodeo grounds, stockyards, pet grooming, salons;
         (q)   Beauty salons, barbershops, massage parlors, health clubs;
         (r)   Fire suppression systems;
         (s)   Multi-storied buildings greater than three stories in height;
         (t)   Schools, universities, college; and
         (u)   Other commercial or industrial facilities which may constitute potential cross- connection.
   (E)   Type of protection required.
      (1)   The type of protection required under this section shall depend on the degree of hazard that exists as follows:
         (a)   An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where a public water supply system may be contaminated with any substance that could cause a system hazard or health hazard;
         (b)   An approved double check valve assembly shall be installed where a public water supply system may be contaminated with any substance that could cause a pollution hazard;
         (c)   An approved reduced pressure principle backflow prevention device shall be installed at the service connection where there exists a plumbing hazard; and
         (d)   In the case of any premises where, because of security requirements or other prohibitions it is impossible or impractical to make a complete cross-connection survey of the consumer’s potable water system, a reduced pressure principle backflow prevention device shall be installed at the service connection.
      (2)   An approved “anti-siphon vacuum breaker” may be used as a backflow prevention device where it is not subjected to back pressures. This device shall not be used for applications where water flow is expected to be continuous for one or more hours. The device shall be installed ahead of the potential source of contamination on the discharge side of the last control valve. It shall be placed at least six inches above the highest point reached by any water passing through the potential source of contamination. Typically, this type of device is used for such equipment as water cooled compressors or other water cooled equipment. In cases where downstream valves are used, pressure vacuum breakers will be required.
   (F)   Backflow prevention devices.
      (1)   Any approved backflow prevention device required by this section shall be installed at a location and in a manner approved by the Superintendent of Utilities. The consumer, at his or her sole expense, shall obtain and install said approved backflow prevention device(s) within 90 days of notice and as ordered by the Superintendent of Utilities.
      (2)   Existing backflow prevention devices approved by the Superintendent of Utilities prior to the effective date of this rule and which are properly maintained shall, except for inspection, testing and maintenance requirements, be excluded from the requirements of this section, but only if Superintendent of Utilities determines that the devices will satisfactorily protect the public water supply system. One hundred percent closing shutoff valves for testing shall be provided on existing backflow prevention devices, if necessary for proper testing by the Superintendent of Utilities. If deemed necessary by the Superintendent of Utilities that an existing backflow prevention device requires replacement, it shall be replaced with an approved backflow prevention device.
   (G)   Booster pump, cut-off device.
      (1)   No person shall install or maintain a water service connection to any premises where a booster pump has been installed on the service line to or within such premises, unless such booster pump is equipped with a low pressure cut-off designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 pounds per square inch gauge or less.
      (2)   It shall be the duty of the water customer to maintain the low pressure cut-off device in proper working order. The Superintendent of Utilities may require testing at any time if suspected that a problem exists with the device.
   (H)   Yard hydrants.
      (1)   The installation of new or replacement yard hydrants, where water is available or accessible for drinking of culinary purposes and which have drip openings below ground surface, is prohibited unless such hydrants are equipped with an approved device to prevent entrance of ground water into chambers connected with the water supply.
      (2)   Yard hydrants or hose bibs which could be used by the consumer to provide water to mix pesticides, fertilizer or other chemicals, for direct use or aerial application to surface areas shall be equipped with an anti-siphon vacuum breaker.
      (3)   All underground lawn and garden sprinkler systems shall be equipped with an approved backflow prevention device.
   (I)   Fire suppression system.
      (1)   All proposed installations of fire suppressions systems shall be reviewed by the Superintendent of Utilities to determine the appropriate type of backflow prevention device(s) required.
      (2)   All proposed fire suppression systems requiring an antifreeze solution shall use a pharmaceutical grade antifreeze. The consumer shall provide to the Superintendent of Utilities a certification identifying the type of pharmaceutical grade antifreeze which shall be used. A double check valve backflow prevention device shall be installed in an approved manner.
      (3)   A double check valve of an approved type shall be installed on all proposed fire suppressions systems not utilizing antifreeze, but this may be done only when there are no other cross- connections.
      (4)   All existing fire suppressions systems shall meet the requirements of subsections (I)(2) or (I)(3) above, whichever applies. An inspection by a certified fire suppression specialist shall be done at the expense of the consumer. If it cannot be certified that only pharmaceutical grade antifreezes have been used, then a reduced pressure principle backflow prevention device shall be installed as approved by the Superintendent of Utilities. This also shall be done at the expense of the consumer.
      (5)   In the event cross-connections, such as those found in using auxiliary water supply systems or in providing other water additives such as foaming agents are necessary for the proper operation of the fire suppression system, then a reduced pressure zone backflow prevention device shall be installed in an approved manner.
   (J)   Violations.
      (1)   In order to protect the health and/or safety of consumers or of the general public, the Superintendent of Utilities shall deny or discontinue, after notice to the consumer thereof, the water service to any premises wherein:
         (a)   Any backflow prevention device required by these regulations is not installed or maintained in a manner acceptable to the Superintendent of Utilities;
         (b)   It is found that the backflow prevention device has been removed or by-passed;
         (c)   An unprotected cross-connection exists on the premises;
         (d)   A low pressure cut-off required by this section not installed and maintained in working order; or
         (e)   The Superintendent of Utilities is denied entry to determine compliance with these regulations.
      (2)   The Superintendent of Utilities shall immediately deny or discontinue, without notice to the consumer thereof, the water service to any premises wherein a severe cross-connection exists which constitutes an immediate threat to the safety of the public water system. The Superintendent of Utilities shall notify the consumer within 24 hours of said denial or discontinuation of service.
      (3)   Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Superintendent of Utilities.
   (K)   Approval standards.
      (1)   Any backflow prevention device required herein shall be of a model and size approved by the Superintendent of Utilities. The term APPROVED BACKFLOW PREVENTION DEVICE shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Associations (AWWA) entitled: AWWA 4506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices and by the American Society of Sanitary Engineers (ASSE) entitled:
         (a)   No. 001 Pipe Applied Atmospheric Type Vacuum Breakers - ANSI Approved - 1982 - Revised, 1988;
         (b)   No. 1011 Hose Connection Vacuum Breakers - ANSI Approved 1982;
         (c)   No. 1012 Backflow Preventer/Intermediate Atmospheric Vent - 1978;
         (d)   No. 1013 Reduced Pressure Principle Backflow Preventer - Revised 1988;
         (e)   No. 1015 Double Check Backflow Prevention Assembly - Revised 1988;
         (f)   No. 1019 Wall Hydrants, Freezeless, Automatic Draining, Anti-Backflow Types - ANSI Approve 1978;
         (g)   No. 1020 Vacuum Breakers, Anti-siphon, Pressure Type - ANSI Approved 1982;
         (h)   No. 1024 Dual Check Valve Type Backflow Preventers - ANSI Approved 1984 - Revised 1988;
         (i)   No. 1035 Laboratory Faucet Vacuum Breakers - ANSI Approved 1984; and
         (j)   No. 1048 Double Check Detector Assembly Backflow Preventer - 1989.
      (2)   The Superintendent of Utilities shall keep a current list of all approved backflow prevention devices.
      (3)   The Superintendent of Utilities may require a strainer of approved type and size to be installed in conjunction with required backflow prevention devices. The installation of strainers shall preclude the fouling of backflow device(s) due to foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains. These occurrences may cause debris such as scale deposits and sand to flush through the mains causing fouling of backflow device(s).
   (L)   Liability claims. The Superintendent of Utilities shall be relieved from personal liability. The city shall hold harmless the Superintendent of Utilities when acting in good faith and without malice, from all personal liability for any damage that may occur to any person or property as a result of any act required or authorized by this chapter or by reason of any act or omission of the Superintendent of Utilities in the discharge his or her duties hereunder. Any suit brought carrying out the provision of the chapter shall be defended by the city, or the city’s insurance carrier, if any, through final determination of such proceeding.
   (M)   Conflict, repeal. Only so much of this article, which includes this section, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
   (N)   Separability. If any section, subsection, paragraph, sentence, clause or phrase of this section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section, which shall remain in full force and effect, and to that end, the provisions of this section are hereby declared to be severable.
   (O)   Force and effect. This section shall be in full force and effect from and after its passage and publication as provided by law.
(2005 Code, § 3-120)
§ 3-121  USE OF HOSES.
   No hose shall be used unless water is furnished through a meter. The city may suspend the use of fountains, yard sprinkler systems and hoses for sprinkling yards and gardens whenever, in the opinion of the Utilities Superintendent, the public exigency may require.
(2005 Code, § 3-121)
§ 3-122  POLLUTION.
   It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the city’s Water Department.
(2005 Code, § 3-122)
§ 3-123  WATER SERVICE CONTRACTS.
   (A)   Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application.
   (B)   If any consumer shall move from the premises where service is furnished, or if the said premises is destroyed by fire or other casualty, he or she shall, at once, inform the Utilities Superintendent who shall cause the water service to be shut off at the said premises. If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premises until the Utilities Superintendent is otherwise advised of such circumstances.
(2005 Code, § 3-123)
§ 3-124  INSPECTION.
   The Utilities Superintendent, or his or her duly authorized agents, shall have free access, at any reasonable time, to all parts of each premises and building to, or in which, water is delivered for the purpose of examining the pipes, fixtures and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water.
(2005 Code, § 3-124)
§ 3-125  POLICE REPORTS.
   It shall be the duty of the municipal police to report to the Utilities Superintendent all cases of leakage and waste in the use of water and all violations of the municipal code relating to the Utilities Department. They shall have the additional duty of enforcing the observance of all such regulations.
(2005 Code, § 3-125)
§ 3-126  RETURNS BY PLUMBERS OF WORK DONE.
   Within 48 hours after completing any attachment or connection relating to the water system of the city, any plumber or pipe fitter shall make full returns of the ordinary or special use for which water is designated to be applied under any permit granted from the office of the city, with a description of all apparatus and arrangements for using water in every case and any other particulars that may be called for. The water will not be turned onto any premises until complete returns have been made by the plumbers.
(2005 Code, § 3-126)
§ 3-127  EXCAVATIONS IN FROZEN GROUND; POLLUTING WATER.
   No person shall make excavation in any street or highway within six feet of any laid water pipe while the ground is frozen or dig up or uncover so as to expose to the frost any water pipe of the city, except under the direction of the city. No person shall place in, near or around any of the water pipes, mains or hydrants of the city water system any dirt, filth, impure substance whatever or any substance or fluid which would render the water impure or unpalatable.
(2005 Code, § 3-127)
§ 3-128  DESTRUCTION OF PROPERTY.
   It shall be unlawful for any person to willfully or carelessly break, injure or deface any building, machinery, apparatus, fixture, attachment or appurtenance of the city’s Water Department. No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above mentioned property without the written permission of the Utilities Superintendent.
(2005 Code, § 3-128)
§ 3-129  LICENSED PLUMBER.
   It shall be unlawful for any plumber or pipe fitter to do any work upon any of the pipes or appurtenances of the system of waterworks, or to make any connection with or extension of the supply pipes of any consumer taking water from the said system until such plumber or pipe fitter shall have first procured a license or permit from the municipality. All plumbing shall be done in the manner required by the city’s Plumbing Code. The said licensed plumber shall be at all times subject to the inspection and approval of the Plumbing Inspector and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work.
(2005 Code, § 3-129)
§ 3-130  TIME.
   Unless otherwise authorized by the Utilities Superintendent, all taps or plumbing work done on or to the municipal water system shall be done between the hours of 8:00 a.m. and 6:00 p.m.
(2005 Code, § 3-130)
§ 3-131  WELLHEAD PROTECTION.
   The purpose of the wellhead protection plan is to describe the source of the city’s drinking water, provide information about the potential contaminants (threats) that could impact the community water supply, and to detail the steps that the city has taken in order to protect drinking water for the citizens of the city.
(2005 Code, § 3-131)
§ 3-132  DROUGHT EMERGENCY CONTINGENCY PLAN.
   To address the city’s short-term water shortage problems a series of stages based on conditions of supply and demand with accompanying triggers, goals and actions. Each stage is more stringent in water use than the previous stage since water supply conditions are more deteriorated. The Mayor of the city is authorized by ordinance to implement the appropriate conservation measures when a condition is met in each stage.
   (A)   Stage 1: water watch.
      (1)   Triggers. This stage is triggered by any one of the following conditions:
         (a)   The city storage has fallen below 85% capacity;
         (b)   Ground water levels have fallen five feet below the normal seasonal level; and/or
         (c)   When the calculated water system demand equals 60% of the calculated water system capacity.
      (2)   Goals. The goals of this stage are to heighten awareness of the public on water conditions and to maintain the integrity of the water supply system.
      (3)   Education actions.
         (a)   The city will make occasional news releases to the local media describing present conditions and indicating the water supply outlook for the upcoming season.
         (b)   Previous months summaries of precipitation, temperature, water levels and storage will be made public at the beginning of each month.
      (4)   Management actions.
         (a)   The city wells will be cleaned and flushed to maintain them at their most efficient condition.
         (b)   Leaks will be repaired within 48 hours of detection.
         (c)   System pressure will be maintained below 80 pounds per square inch.
         (d)   The city will monitor its use of water and will curtail activities such as hydrant flushing and street cleaning.
      (5)   Regulation actions. The public will be asked to curtail some outdoor water vise and to make efficient use of indoor water (i.e., wash full loads, take short showers, don’t let faucets run and the like).
   (B)   Stage 2: water warning.
      (1)   Triggers. This stage is triggered by any one of the following conditions:
         (a)   The city storage has fallen below 70% capacity;
         (b)   Ground water levels have fallen ten feet below the normal seasonal level; and/or
         (c)   Water usage is exceeding 80% of total pumping capacity of the system wells for more than three consecutive days.
      (2)   Goals. The goals of this stage are to reduce peak demands by 20% and to reduce overall weekly consumption by 10%.
      (3)   Education actions.
         (a)   The city will make weekly news releases to the local media describing present conditions and indicating the water supply outlook for the upcoming week.
         (b)   Previous week summaries of precipitation, temperature, water levels and storage will be made public each Thursday.
         (c)   Water conservation articles will be provided to the local newspaper.
      (4)   Management actions.
         (a)   The city water supplies will be monitored daily.
         (b)   Leaks will be repaired within 24 hours of detection.
         (c)   Pumping of wells will be reduced to decrease drawdown and to maintain water levels over well screens.
         (d)   The city will curtail its water usage including watering of city grounds and washing of vehicles.
      (5)   Regulation actions.
         (a)   An odd/even lawn watering system will be imposed on city residents. Residents with odd-numbered addresses will water on odd days, even addresses will water on even days.
         (b)   Outdoor water use including lawn watering and car washing will be restricted to before 10:00 a.m. and after 9:00 p.m.
         (c)   Refilling of swimming pools will be allowed one day a week after sunset.
         (d)   Excess water use charges for usage of water over the amount used in the winter will be imposed.
         (e)   Waste of water will be prohibited.
   (C)   Stage 3: water emergency triggers.
      (1)   Conditions. This stage is triggered by any one of the following conditions:
         (a)   The city storage has fallen below 50% capacity;
         (b)   Ground water levels have fallen 15 feet below normal seasonal level;
         (c)   Pumping lowers water levels to within five feet of the top of the well screens; and/or
         (d)   Water usage is exceeding 90% of total pumping capacity of the system wells for more than three consecutive days.
      (2)   Goals. The goals of this stage are to reduce peak demands by 50% and to reduce overall weekly consumption by 25%.
      (3)   Education action.
         (a)   The city will make daily news releases to the local media describing present conditions and indicating the water supply outlook for the next day.
         (b)   Previous days summaries of precipitation, temperature, water levels and storage will be made available to the public each day.
         (c)   The city will hold public meetings to discuss the emergency, the status of the city water supply and further actions which need to be taken.
      (4)   Management actions.
         (a)   The city water supplies will be monitored daily.
         (b)   Leaks will be repaired within 24 hours of detection.
         (c)   System pressure will be maintained at 60 pounds per square inch.
         (d)   Pumping of wells will be reduced to decrease drawdown and to maintain water levels over well screens.
         (e)   The city will seek additional emergency supplies from other users, the state or the federal government.
      (5)   Regulation actions.
         (a)   Outdoor water use will be banned.
         (b)   Waste of water will be prohibited.
(Ord. 2353, passed 3-19-2013)
ARTICLE 2: SEWER DEPARTMENT
Section
   3-201   Definitions
   3-202   Rates and charges; operation and funding; “consumer” defined, classification; user charge review; optional measuring devices; special rates allowed; billing and payment; delinquent charges, lien; disposition and use of funds
   3-203   Compliance with article and the like
   3-204   Public sewers required; unlawful deposit of wastes; unlawful discharge of untreated sewage; cesspools, privies and septic tanks prohibited; mandatory hook-up
   3-205   Installations; duty of Superintendent; inspections; proper license required; responsibility for employees; application for permits; permits to be kept at work site; use of water from fire hydrants during construction
   3-206   Private sewage disposal; when applicable; permit required, fee; permit, when effective; inspections; specifications; maintenance; additional requirements
   3-207   Building sewer installation; permit required; expense; use of existing sewers; materials, method of construction; excavations and backfill; existing utility lines; elevation; connection to public sewers; unlawful connection; inspections; traps and screening; sufficiency of water flow required; protection of public property restored
   3-208   Prohibited discharges; storm water, surface water, ground water, cooling water and process water
   3-209   Hazardous and prohibited discharges; flammable, toxic, corrosive and obstructive substances; preliminary treatment; specific prohibitions as determined by Superintendent; rejection, pretreatment, control of discharge rate or use fee surcharge; special exception permitted; use fee surcharge
   3-210   Grease, oil and sand interceptors; when required
   3-211   Preliminary treatment or flow-equalizing facilities; maintenance by owner
   3-212   Control manholes/sampling stations; when required; installation and maintenance; method
   3-213   Sanitary supply system; destruction of property
   3-214   Compliance with article; inspections generally; inspections; injury liability; easements
   3-215   Violation; notice and liability; penal provision
   3-216   Municipal powers
§ 3-201  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
   BIOLOGICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
   BUILDING OR HOUSE DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste or other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
   COMBINED SEWER. A sewer receiving both surface runoff and sewage.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
   INSPECTOR. The Building Inspector of the city or his or her authorized deputy, agent or representative.
   MAY. The act referred to is permissive; the term SHALL is mandatory.
   MUNICIPALITY. The City of Holdrege, Nebraska.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
   PERSON. Any individual, firm, company, association, society, corporation or group.
   pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
   PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
   SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and storm waters as may be present.
   SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL. The act referred to is mandatory; the term MAY is permissive.
   SLUG. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
   STORM DRAIN. (Sometimes termed STORM SEWER.) A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
   SUPERINTENDENT. The Utilities Superintendent of the city or his or her authorized deputy, agent or representative.
   SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(2005 Code, § 3-201)
§ 3-202  RATES AND CHARGES; OPERATION AND FUNDING; “CONSUMER” DEFINED, CLASSIFICATION; USER CHARGE REVIEW; OPTIONAL MEASURING DEVICES; SPECIAL RATES ALLOWED; BILLING AND PAYMENT; DELINQUENT CHARGES, LIEN; DISPOSITION AND USE OF FUNDS.
   (A)   The municipality owns and operates the municipal sewer system through the Utilities Superintendent. For the purpose of paying the cost of extending and improving the sewerage plant of the sewerage system of the city, for the purpose of paying the principal and interest of any bonds issued for such purposes, for the purpose of creating reserves for any of such purposes and for no other purpose there is hereby established a sanitary sewer use charge against each lot, parcel of land or premises served by such sanitary sewerage system or which may otherwise discharge sewage and industrial waste, either directly or indirectly, into such sanitary sewerage system or any part thereof. The revenue from the sewer use charge, based on actual use, shall be known as the Sewer Revenue Fund. The Utilities Superintendent shall have the direct management and control of the sewer system and shall faithfully carry out the duties of his or her office. He or she shall have the authority to adopt rules and regulations for the sanitary and efficient management of the system subject to the supervision and review of the governing body.
(2005 Code, § 3-202)
   (B)   For the purposes hereof, the word CONSUMER shall mean all users of the sanitary sewerage system of the city, including all persons whose premises are served thereby, all owners and tenants of real estate and buildings connected with such sanitary system or served thereby and all users of such system who in any way use the same or discharge sanitary sewage, industrial waste water or other liquid, either directly or indirectly, into the sanitary sewerage system of the city. The governing body may classify for the purpose of rental fees the customers of the city’s Sewer Department; provided that, such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers. The classification must be approved by the Environmental Protection Agency, relative to the user charge grant condition.
(2005 Code, § 3-203)
   (C)   (1)   The Mayor and City Council shall review, at least annually, the user charge system and revise the charges, if necessary, to accomplish the following:
         (a)   Maintain the proportional distribution of operation, maintenance and replacement (OM&R) costs among users and user classes;
         (b)   Generate adequate revenues to pay the costs of OM&R; and
         (c)   Apply excess revenues collected from a class of users to the costs of OM&R attributable to that class for the next year and adjust the rates accordingly.
      (2)   Rates shall be set by ordinance and at least three copies of the schedules currently in effect shall be kept on file in the office of the City Clerk for the use and examination of the public. In addition to other elements of the total user charge system, the rate schedule on file with the Municipal Clerk shall provide for the following surcharges.
         (a)   A high strength waste surcharge established for pollutant levels (BOD, SS and the like), etc.) which exceed the levels contained in the domestic strength wastewater of the service area. The surcharge shall be expressed as a formula with a per unit charge established for each applicable pollutant. (See App. B of 40 C.F.R. § 35.900.)
         (b)   The authority and intent shall be established to require each user discharging any toxic pollutants to pay the increased costs of managing the effluent or the sludge of the treatment works resulting from such discharge.
(2005 Code, § 3-204)
   (D)   Commercial and industrial consumers under this article may, at their option and expense and with the approval of the Utilities Superintendent, install sewage flow measuring devices to measure all sewage discharged into the sanitary sewerage system. These consumers shall be billed at the regular commercial and industrial rate using the sewage flow as measured in lieu of water meter readings. The Utilities Superintendent shall have the right to remove, repair and reinstall all such sewage flow measuring devices at the expense of the consumer.
(2005 Code, § 3-205)
   (E)   Where, in the judgment of the City Council, by reason of special conditions, the application of the use charges set forth in this article would be inequitable or unfair to either the city or the user a special rate may be established by contract or by resolution, duly passed and approved by the City Council. To assist the City Council in determining whether or not special conditions exist, any consumer shall, upon the request of the Utilities Superintendent provide a satisfactory means of measuring water consumption and/or the sewage flow from the consumer and obtaining a representative sample of sewage.
(2005 Code, § 3-206)
   (F)   At least once each month, the Utilities Superintendent shall cause a charge to be made upon all users of the city sanitary sewage system. At least once each month, the City Clerk or Collector shall cause statements for sewer usage to be sent to each user at the address where used or at such other address as may be known to the City Clerk or Collector, at the same time that bills are rendered for city water service. Each user shall pay the City Clerk or Collector for sewer usage. Such statements shall be due on the date mailed and shall be delinquent 15 days thereafter. Whenever any sewer use charge levied by this article is not paid before it becomes delinquent, the water service of such consumer may be discontinued. Any termination shall comply with the notice and procedures of § 3-131.
(2005 Code, § 3-207)
   (G)   All sewer use charges prescribed by this article shall be a lien upon the premises and real estate for which the sewer service is supplied and used, and if not paid when due such charge shall be certified to the City Treasurer and may be recovered by the city in an action at law from the owner or the person requesting the service, or may be certified to the tax assessor and assessed against the premises served and collected or returned in the same manner as other municipal taxes are certified, assessed, collected and returned.
(2005 Code, § 3-208)
   (H)   (1)   The sewer use charge made pursuant to this article shall be sufficient at all times to pay the interest and principal of the revenue bonds issued on the sanitary sewerage system of the city and for the operation and maintenance of the sanitary sewerage system and disposal plant. All money collected for such sewer use shall be set aside and placed in a separate fund designated the “Sewer Revenue Fund” and shall be used only for the purpose of paying for the reasonable expense of operation and maintenance of the sanitary sewerage system and disposal plant, for paying the interest and principal of the revenue bonds issued for such purposes and for the purpose of creating reserves for any of such purposes. Said Sewer Revenue Fund shall have as a minimum two primary accounts:
         (a)   An O&M account with provision for carry-over of the fiscal year-end balance to meet the overall O&M costs in the subsequent fiscal year; and
         (b)   A non-lapsing sinking fund for replacement costs which accrues funds through deposits made at least annually from OM&R use charge revenues. The deposits shall provide adequate revenues to meet the “replacement” needs of the treatment works over its service life and shall be used for no other purpose. Fiscal year-end balances in the non-lapsing sinking fund will be carried over to the same fund in the subsequent year.
      (2)   REPLACEMENT is defined as expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
(2005 Code, § 3-209)
Statutory reference:
   Related provisions, see Neb. RS 18-503
§ 3-203  COMPLIANCE WITH ARTICLE AND THE LIKE.
   No person shall make sewer connections, lay sewer drains or do any sewer work covered by this article without complying with the rules of the Utilities Superintendent, the provisions of this article, Ch. 9 of this code of ordinances and any other ordinance of the city pertaining to sewers.
(2005 Code, § 3-210)
§ 3-204  PUBLIC SEWERS REQUIRED; UNLAWFUL DEPOSIT OF WASTES; UNLAWFUL DISCHARGE OF UNTREATED SEWAGE; CESSPOOLS, PRIVIES AND SEPTIC TANKS PROHIBITED; MANDATORY HOOK-UP.
   (A)   It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the municipality or in any area under the jurisdiction of said municipality, any human or animal excrement, garbage or other objectionable waste.
(2005 Code, § 3-211)
   (B)   It shall be unlawful to discharge to any natural outlet within the municipality, or in any area under the jurisdiction of said municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
(2005 Code, § 3-212)
   (C)   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(2005 Code, § 3-213)
   (D)   The owner of all houses, buildings or properties used for human employment, recreation or other purposes, situated within the municipality and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the municipality, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 60 days after date of official notice to do so; provided that, said public sewer is within 200 feet (61 meters) of the property line.
(2005 Code, § 3-214)
§ 3-205  INSTALLATIONS; DUTY OF SUPERINTENDENT; INSPECTIONS; PROPER LICENSE REQUIRED; RESPONSIBILITY FOR EMPLOYEES; APPLICATION FOR PERMITS; PERMITS TO BE KEPT AT WORK SITE; USE OF WATER FROM FIRE HYDRANTS DURING CONSTRUCTION.
   (A)   It shall be the duty of the Superintendent, under the direction of the City Council, to prescribe the location, arrangement, form, material and construction of every private drain or sewer emptying into the sanitary sewerage system of the city and to determine the manner and plan of such connection. The work of constructing the same shall be in all cases subject to the superintendence and control of the City Council through its authorized agents and shall be executed strictly in accordance with its orders, rules and regulations.
(2005 Code, § 3-215)
   (B)   (1)   There shall be three inspections of sewer work as follows:
         (a)   When the sewer is laid and jointed and connected up, and before it is covered over;
         (b)   For the soil, waste and vent pipes in accordance with this article and applicable Plumbing Codes; and
         (c)   For the whole system of plumbing when completed and the water turned on.
      (2)   The whole system of inside drains, soil, waste and vent pipe shall be filled with water and required to stand at least 12 hours without loss of water. The Inspector shall be notified by the plumber when the work is ready for inspection and the plumber shall prepare the whole system of plumbing in such building for the Inspector to make proper tests of the same.
(2005 Code, § 3-216)
   (C)   No person shall, engage in or conduct the business of sewer connection and house drainage; excavate any trenches for sewer pipe; open, uncover or in any manner make connection with or lay any sewer drain; or attach to, modify or repair any appurtenances to sewer connections with any sewer in the streets or alleys or with any private sewer or drain in the city without holding a proper license for such work. This section shall not apply to persons under special contract with the city for construction, extension or repair of sewers.
(2005 Code, § 3-217)
   (D)   All licensed plumbers shall be held responsible for all acts of their agents or employees done by virtue of such license. Willful or ignorant mistakes of employees shall not be regarded as sufficient reasons for exonerating plumbers from a suspension of their licenses; and they will be held to a strict accountability for all errors or mistakes of their employees while in the legitimate pursuit of their occupation as plumbers.
(2005 Code, § 3-218)
   (E)   Applications for permits to connect with the storm drainage system, sanitary sewerage system of the city or private sewage disposal systems shall be made on the application blank by the owner of the property it is desired to drain. Applications shall be accompanied by a clear and exact description of the premises and of the character and location of the drains it is proposed to put in place together with the number and location of all water closets, sinks, bath tubs, receiving basins and other sanitary fixtures it is designed to connect with the same, which description shall be left and placed on file in the office of the Inspector for future reference.
(2005 Code, § 3-219)
   (F)   No house, drain, storm drain or private sewer will be allowed to be put in place, nor any of the work in connection therewith commenced or prosecuted, unless the permits granted by the city in connection therewith are in possession of the licensed plumber at the site of the proposed work, or one of his or her employees engaged thereon.
(2005 Code, § 3-220)
   (G)   Plumbers working under this article shall not use water from the fire hydrants, unless a special permit for the use of the same has been obtained from the Superintendent.
(2005 Code, § 3-221)
§ 3-206  PRIVATE SEWAGE DISPOSAL; WHEN APPLICABLE; PERMIT REQUIRED, FEE; PERMIT, WHEN EFFECTIVE; INSPECTIONS; SPECIFICATIONS; MAINTENANCE; ADDITIONAL REQUIREMENTS.
   (A)   Where a public sanitary or combined sewer is not available under the provisions hereof, the building sewer may be connected to a private sewage disposal system. A private domestic wastewater disposal system may not be constructed within the city’s wellhead protection area or the sewer service area until the owner has completed the requirements of NDEQ Title 124, Ch. 4, Site Evaluation, has been completed and a copy submitted to the utility granting such permission. At such time as a public sewer becomes available to a property served by a private waste-water disposal system, as provided herein, a direct connection shall be made to the public sewer within 60 days in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be abandoned, cleaned of sludge and filled with suitable material.
(2005 Code, § 3-222)
   (B)   Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Inspector. The application for such permit shall be made on a form furnished by the municipality, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Inspector. Domestic systems that generate over 1,000 gallons per day of wastewater, home(s) of ten or more bedrooms and all non-domestic generators must obtain a permit from NDEQ before a city permit will be issued.
(2005 Code, § 3-223)
   (C)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Inspector. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Inspector.
(2005 Code, § 3-224)
   (D)   The type, capacities, location and layout of a private sewage disposal system shall comply with all requirements of the NDEQ for design, operation and maintenance of septic tank systems or lagoons. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the location does not meet the requirements established by NDEQ Title 124 requirements. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(2005 Code, § 3-225)
   (E)   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the municipality.
(2005 Code, § 3-226)
   (F)   No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(2005 Code, § 3-227)
§ 3-207  BUILDING SEWER INSTALLATION; PERMIT REQUIRED; EXPENSE; USE OF EXISTING SEWERS; MATERIALS, METHOD OF CONSTRUCTION; EXCAVATIONS AND BACKFILL; EXISTING UTILITY LINES; ELEVATION; CONNECTION TO PUBLIC SEWERS; UNLAWFUL CONNECTION; INSPECTIONS; TRAPS AND SCREENING; SUFFICIENCY OF WATER FLOW REQUIRED; PROTECTION OF PUBLIC PROPERTY RESTORED.
   (A)   (1)   No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Inspector.
      (2)   The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector. A permit and inspection fee of $5 for a residential or commercial building sewer permit and $5 for an industrial building sewer permit shall be paid to the municipality at the time the application is filed.
(2005 Code, § 3-228)
   (B)   All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the municipality from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(2005 Code, § 3-229)
   (C)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Inspector, to meet all requirements of this article. All costs and expense incurred by examination and testing shall be borne by the owner.
(2005 Code, § 3-230)
   (D)   The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(2005 Code, § 3-231)
   (E)   (1)   All building and private sewers shall be constructed in open trenches carefully excavated in the proper direction, and to such width and depth as may be necessary to secure the correct alignment and faithful execution of the work which shall be vigorously prosecuted, so as to cause the least possible inconvenience to the traveling public. If the sides of the trenches will not maintain their vertical position, they shall be sheeted, shored and strongly braced. Prior to commencing the excavation in the public right-of-way, a permit from the city shall be obtained all the materials composing the sidewalks, roadway, paving and other similar improvements shall be carefully removed, and piled in some convenient place, and in such position as will ensure their safety, and where they will be out of street traffic. The material taken from out of the trenches shall likewise be so disposed as not to seriously interfere with the legitimate use of the sidewalks and roadways.
      (2)   After sewer and drain laying work has been finished and properly inspected the backfilling shall be done without delay, and as fast as deposited in the trench, it shall be thoroughly puddled and tamped to such an extent as to render subsequent settlement of the surface practically impossible. The plumber will be held strictly responsible for any disturbance or displacement to the roadway ballasting or paving, due to his or her negligence to faithfully conform to the requirements of this section.
(2005 Code, § 3-232)
   (F)   (1)   If water, gas or other pipes or drains are encountered in the direct line of a sewer during its construction, the questions of carrying such sewer under, over or around such or similar obstructions, or of doing anything involving a deviation from the proper line of standard grade, shall only be decided by the Superintendent.
      (2)   If gas or water mains, or other pipes or drains, are encountered during the process of excavation for sewers, the same shall be carefully and thoroughly protected against injury or settlement by the contractor at his or her own expense.
      (3)   Whenever it is necessary to pass through or in any way disturb an existing sewer in actual use, such drainage pipe or sewer shall not be interfered with, cut through or connected in any way, without the consent of the Superintendent. No sewer or drain shall be carried immediately above or through a wooden drain, no matter whether the latter is in use or abandoned, nor through unstable or perishable material of any character, unless all such work is carefully placed upon a foundation of puddled earth, concrete or of brick or stone masonry, of such dimensions and methods of construction as may be directed by the Superintendent.
(2005 Code, § 3-233)
   (G)   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(2005 Code, § 3-234)
   (H)   (1)   The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the municipality, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight, and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation.
      (2)   Whenever it is necessary to make connections between a building sewer and the public sewer, where no junction piece was originally placed in the public sewer adjacent to the lot, the junction piece shall be furnished by the owner, and the same shall be put in place by a licensed plumber under supervision of the Inspector. Under no circumstances shall plumbers or other outside persons break into sewers for the purpose of setting junctions or making any kind of connections whatsoever, without permission of the Inspector. All connections to the public sewer shall be in such manner as approved by the city.
(2005 Code, § 3-235)
   (I)   No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Superintendent for purposes of disposal of polluted surface drainage; provided that, if responsibility can be determined, the party responsible for disposal of polluted surface drainage into the public sanitary sewer shall pay a user charge equivalent to the cost of treating the polluted drainage.
(2005 Code, § 3-236)
   (J)   The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Inspector or his or her representative.
(2005 Code, § 3-237)
   (K)   (1)   All pipes connecting with the public sewer or laterals shall be trapped. All pipes, except water closet pipes, shall be screened. Removing screens, except for repairing pipes, is prohibited. In the use of water closets only tissue paper is allowed and all other paper or material is prohibited.
      (2)   All discharge pipes leading from kitchen sinks, laundry and stationary wash tubs, water closets and hand basins in private residences making direct connection with the main drain without passing through any trap shall have suitable traps.
      (3)   All stables, barns, carriage houses or garages, having a wash rack on which wagons, carriages, automobiles, trucks or other vehicles are washed, and connected with the city storm or sanitary sewer, shall be provided with a sand trap with an iron syphon outlet. All sand traps shall be cleaned frequently. No mud or sand shall be permitted to find outlet into the sewer.
(2005 Code, § 3-238)
   (L)   It shall be unlawful for any person in possession of premises into which a pipe or other connection with the city sanitary sewers and drains have been laid to permit the same to remain without adequate fixtures attached to allow a sufficient quantity of water to be so applied as properly to carry off all waste matter and keep the same unobstructed.
(2005 Code, § 3-239)
   (M)   (1)   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the municipality.
      (2)   All openings made in the public sidewalks or roadways for the purpose of constructing public, private and building sewers shall be surrounded and efficiently protected at all hours by ample and sufficient barriers on which lights shall be placed and maintained at night time, together with such additional precautions as may be deemed necessary for the absolute protection of the traveling public. The conditions of this section are imperative, and plumbers will be held responsible for all claims that may arise from damages to persons or property following neglect or violation of any of its provisions.
(2005 Code, § 3-240)
§ 3-208  PROHIBITED DISCHARGES; STORM WATER, SURFACE WATER, GROUND WATER, COOLING WATER AND PROCESS WATER.
   (A)   No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water or unpolluted industrial waters to any sanitary sewer.
   (B)   Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process water may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer or natural outlet. The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the municipality for such costs. The costs shall be determined by the Superintendent with the approval of the governing body.
(2005 Code, § 3-241)
§ 3-209  HAZARDOUS AND PROHIBITED DISCHARGES; FLAMMABLE, TOXIC, CORROSIVE AND OBSTRUCTIVE SUBSTANCES; PRELIMINARY TREATMENT; SPECIFIC PROHIBITIONS AS DETERMINED BY SUPERINTENDENT; REJECTION, PRETREATMENT, CONTROL OF DISCHARGE RATE OR USE FEE SURCHARGE; SPECIAL EXCEPTION PERMITTED; USE FEE SURCHARGE.
   (A)   (1)   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
         (a)   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
         (b)   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;
         (c)   Any waters or wastes having a pH lower than 6.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
         (d)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders; and
         (e)   Any waters or wastes having:
            1.   A five-day BOD greater than 300 parts per million by weight;
            2.   Containing more than 350 parts per million by weight of suspended solids;
            3.   Having an average daily flow greater than 2% of the average sewage flow of the sewer system shall be subject to the review of the Superintendent; or
            4.   A chlorine requirement greater than demanded by normal sewage as evaluated by the municipality’s consulting engineer shall be subject to the review of the Superintendent.
      (2)   Where necessary in the opinion of the Superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:
         (a)   Reduce the biochemical oxygen demand to 300 parts per million by weight;
         (b)   Reduce the suspended solids to 350 parts per million by weight;
         (c)   Control the quantities and rates of discharge of such waters or wastes; or
         (d)   Reduce the chlorine requirement to conform with normal sewage.
      (3)   Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(2005 Code, § 3-242)
   (B)   (1)   No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent factors.
      (2)   The substances prohibited are:
         (a)   Any liquid or vapor having a temperature higher than 150°F (65°C);
         (b)   Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150°F (0° and 65°C);
         (c)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent;
         (d)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;
         (e)   Any water or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials;
         (f)   Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;
         (g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations;
         (h)   Any waters of wastes having a pH of less than 6.5 or greater than 9.0;
         (i)   Materials which exert or cause:
            1.   Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller’s earth, lime slurries and lime residues) or of dissolved solids, (such as but not limited to, sodium chloride or sodium sulfate);
            2.   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
            3.   Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; and/or
            4.   Unusual volume of flow or concentration of wastes constituting “slugs”, as defined herein.
         (j)   Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(2005 Code, § 3-243)
   (C)   (1)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this subsection (C), and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the city may:
         (a)   Reject the wastes;
         (b)   Require pretreatment to an acceptable condition for discharge to the public sewers;
         (c)   Require control over the quantities and rates of discharge; and/or
         (d)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions hereof.
      (2)   If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws.
(2005 Code, § 3-244)
   (D)   No statement contained in this article shall be construed as preventing any special agreement or arrangement between the municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment, subject to payment therefor, by the industrial concern.
(2005 Code, § 3-249)
(Ord. 2354, passed 3-19-2013)
§ 3-210  GREASE, OIL AND SAND INTERCEPTORS; WHEN REQUIRED.
   (A)   Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients.
   (B)   All new restaurants, laundries, wash racks, vehicle service stations, private multi-user systems, engine or machinery repair shops, and other facilities that produce grease, grit, oil, lint or other materials which accumulate and cause or threaten to cause stoppages or impair the efficiency of the utilities’ sewers or threatens the safety of its employees, shall install and maintain a grease trap, grit trap, lint trap, oil interceptor or other appropriate device of standard design and construction to prevent excess discharges of such material.
   (C)   All gasoline filling stations, garages, self-service automobile washers and other public wash racks where vehicles are washed shall install catch basins in conformity with the Plumbing Code in accordance with a permit obtained from the city. In the event any existing premises does not have a catch basin and sewer line servicing the facility stops up due to grit or slime in the sewer lines, then the owner or operator of such premises shall be required to modify these facilities to construct a catch basin as a condition of continuing use of the system.
   (D)   All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials must be performed by currently licensed waste disposal firms.
(2005 Code, § 3-245)
§ 3-211  PRELIMINARY TREATMENT OR FLOW-EQUALIZING FACILITIES; MAINTENANCE BY OWNER.
   Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(2005 Code, § 3-246)
§ 3-212  CONTROL MANHOLES/SAMPLING STATIONS; WHEN REQUIRED; INSTALLATION AND MAINTENANCE; METHOD.
   (A)   (1)   When required by the city the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.
      (2)   Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
(2005 Code, § 3-247)
   (B)   (1)   All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.
      (2)   In the event no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.)
(2005 Code, § 3-248)
§ 3-213  SANITARY SUPPLY SYSTEM; DESTRUCTION OF PROPERTY.
   (A)   No person or persons shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities.
   (B)   Any person or persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(2005 Code, § 3-250)
§ 3-214  COMPLIANCE WITH ARTICLE; INSPECTIONS GENERALLY; INSPECTIONS; INJURY LIABILITY; EASEMENTS.
   (A)   (1)   The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing system in accordance with the provisions of this article.
      (2)   The Superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(2005 Code, § 3-251)
   (B)   While performing the necessary work on private properties referred to in subsection (A) above, the Superintendent or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the municipal employees and the municipality shall indemnify the company against loss or damage to its property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 3-212(B) of this article.
(2005 Code, § 3-252)
   (C)   (1)   The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all private properties through which the municipality holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement.
      (2)   All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(2005 Code, § 3-253)
§ 3-215  VIOLATION; NOTICE AND LIABILITY; PENAL PROVISION.
   (A)   (1)   Any person found to be violating any provision of this article, except § 3-214(A) of this article, shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
      (2)   Any person violating any of the provisions of this article shall become liable to the municipality for any expense, loss or damage occasioned the municipality by reason of such violation.
(2005 Code, § 3-254)
   (B)   Any person who shall continue any violation beyond the time limit provided for herein shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $100 for each violation. Each 24-hour period in which any violation shall continue shall be deemed a separate offense.
(2005 Code, § 3-255)
§ 3-216  MUNICIPAL POWERS.
   The municipality has the legal authority to enforce its system of user charges, industrial cost recovery charge and sewer use regulations on all existing or future users of the system whether located inside or outside the municipal limits.
(2005 Code, § 3-256)
ARTICLE 3: FIRE DEPARTMENT
Section
   3-301   Operation and funding
   3-302   Fire Chief; powers and duties
   3-303   Membership
   3-304   Fires
   3-305   Distant fires; equipment
   3-306   Fighting distant fires
   3-307   Preservation of property
   3-308   Hose tested
   3-309   Drills
   3-310   Care and control of equipment
   3-311   Inspections
   3-312   Notice of violation
   3-313   Impersonating firefighters
   3-314   Mandatory assistance
   3-315   Power of arrest
   3-316   Fire investigation
§ 3-301  OPERATION AND FUNDING.
   (A)   All volunteer fire companies which are organized according to law, in the city, shall constitute the Fire Department of the city. The governing body, for the purpose of defraying the cost of the management, maintenance and improving the Fire Department may each year levy a tax not exceeding the maximum limits prescribed by state law, on the actual valuation of all real estate and personal property within the city that is subject to taxation. The revenue from the said tax shall be at all times in the possession of the City Treasurer and shall be disbursed by him or her upon order of the Chief of the Fire Department and upon resolution of the Mayor and City Council directing the amount of such disbursements. No obligation, except in emergencies and with regard to minor expenditures, shall be incurred on behalf of the Fire Department unless authorized by a three-fourths vote of the City Council.
   (B)   The Chief of the Fire Department shall have authority to appoint members of the Fire Department, as provided by law. His or her selection shall first be submitted to the Mayor and City Council and shall be approved by them. All vacancies that may occur in the membership shall be filled in the same manner. The compensation of members of the Fire Department shall be such as may from time to time be fixed by the City Council. The exclusive control of the Fire Department, in all matters, except expenditures, shall be in the Mayor and the Chief of the Fire Department; provided, however, the City Council and Mayor may enter into agreements with surrounding Fire Districts for cooperation in providing mutual aid and protection for all residents therein.
(2005 Code, § 3-301)
§ 3-302  FIRE CHIEF; POWERS AND DUTIES.
   (A)   The members of the Fire Department, at the time of each annual meeting of the Department, shall recommend some person for the office of Chief of the Fire Department and some person for the office of Assistant Chief, who on being confirmed by the Mayor and City Council shall hold such office until their successors are appointed and qualified. Such officers shall be subject to removal by the Mayor and a three-fourths vote of the City Council at any time.
   (B)   It shall be the duty of the Chief of the Fire Department, the Assistant Chief or the foreperson of any fire company lawfully acting in his or her stead, in all cases of fire, to take and have control of all members of the Fire Department and of all proper means of the extinguishment of fires, the protection of property, the preservation of order at and in the vicinity of fires to secure the observance of all provisions of this code and other ordinances and regulations of the city respecting fires.
   (C)   The Chief of the Fire Department shall keep a list of all members of the Fire Department, showing the nativity, age and occupation of each, the date he or she entered the service and such other data as the City Council may require. He or she shall also keep a record of all fires and fire alarms, of their location, of the class of building or structure damaged or destroyed, of the purpose for which it was used, of the cause of the fire, the amount of loss, the amount of insurance and such other information as to him or her or the City Council is important. He or she shall include in such a report a record of any injury that may be sustained by any person on account thereof. Such record shall at all times be available for the inspection of the Mayor and City Council. He or she shall report to the City Council, at its first meeting in May of each year, the operations of the Fire Department for the preceding year, and shall include therewith an inventory of the property of the Department. He or she shall file with the City Clerk and the Clerk of the District Court of the County, on the first Monday of April and October of each year, a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemption provided by law. The service records of all firefighters shall accompany their application for honorable discharge when the same are submitted to the Mayor and City Council for approval and signature.
(2005 Code, § 3-302)
§ 3-303  MEMBERSHIP.
   The Fire Chief shall appoint members to the Fire Department subject to the review and approval of the governing body. All vacancies shall be filled in this manner. Said members shall be considered to be employees of the municipality for the purpose of providing them with worker’s compensation and other benefits. Each member shall be entitled to a term life insurance policy in the amount of at least $5,000 for death from any cause to age 65 and such policy shall, at the option of the individual firefighter, be convertible to a permanent form of life insurance at age 65; provided that, the firefighters covered are actively and faithfully performing the duties of their position. The Fire Department shall consist of so many members as may be decided by the governing body. The members may organize themselves in any way they may decide, subject to the review of the governing body. They may hold meetings and engage in social activities with the approval of the governing body. The Secretary shall, upon request, keep a record of all meetings and shall make a report to the governing body of all meetings and activities of the Fire Department. The governing body may, for services rendered, compensate or reward any member or members of the Fire Department in an amount set by resolution. All members of the Fire Department shall be subject to such rules and regulations, and shall perform such duties, as may be prescribed or required of them by the Fire Chief or the governing body. The members of the Fire Department shall, during the time of a fire or great public danger, have and exercise the powers and duties of police officers and shall have full power and authority to arrest all persons guilty of any violation of the municipal code, or the laws of the state.
(2005 Code, § 3-303)
§ 3-304  FIRES.
   It shall be the duty of the Fire Department to use all proper means for the extinguishment of fires; to protect property within the municipality; and to secure the observance of all ordinances, laws and other rules and regulations with respect to fires and fire prevention.
(2005 Code, § 3-304)