CHAPTER VII PUBLIC UTILITIES

ARTICLE I – WATER DEPARTMENT

SECTION 7-101: OPERATION AND FUNDING

The City owns and operates the City Water Department through the utilities su-perintendent, who shall be under the control and general supervision of the city administrator. The City Council, for the purpose of defraying the cost of the care, management and maintenance of the Water Department may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valua-tion of all real estate and personal property within the corporate limits that is sub-ject to taxation. The revenue from the said tax shall be known as the Water Fund and shall remain in the custody of the city treasurer. The Utility Services Board shall have the direct management and control of the Water Department through its agent, the utilities superintendent. The Utility Services Board 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 City Coun-cil. The Council, by and with the advice of the Utility Services Board, shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the offices of the utilities superintendent and city clerk for public inspection at any reasonable time. (Ref. Neb. Rev. Stat. §16-675, 16-681, 16-684.01, 19-1305)

SECTION 7-102: DEFINITIONS

The following definitions shall be applied throughout this chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.

The term "main" is hereby defined to be 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 City.

The term "supply pipe" is hereby defined to be 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 shut-off, stop box, or curb cock is located.

The term "service pipe" is hereby defined to be any pipe extending from the shut-off, 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 dis-persed.

The term "separate premises" shall mean 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 in a separate business.

SECTION 7-103: CONSUMER'S APPLICATION

Every person or persons desiring connection with the city water system must make application therefor to the utilities superintendent on forms provided by the him/her. Such application shall state for what purpose the water shall be used; shall be signed by the owner or authorized agent of the owner of the property to be served; and be filed in the office of the utilities superintendent.

Applicants for water service shall pay tap fees in an amount set by resolution of the City Council, by and with the advice of the Utility Services Board; provided, however, that nothing herein shall be construed to obligate the City to furnish wa-ter service to nonresidents unless it is able to do so without curtailing the de-mands of resident consumers or without overloading its pumps, machinery or other equipment. Water may not be supplied to any house or private service pipe except upon the order of the utilities superintendent.

SECTION 7-104: SERVICE DEPOSIT

The utilities superintendent shall require an applicant for water to accompany his/her application with a service deposit in an amount set by the City Council and on file in the office of the utilities superintendent. Said service deposit shall be applied to the applicant's account at the end of one year, providing no more than one disconnection notice has been issued on that account during the last calendar year.

If any consumer has received more than one disconnection notice in any one calendar year, such consumer shall be required to make a service deposit as though he/she were making a new application for water service, or bring his/her service deposit up to the current amount required if a service deposit is already on file.

SECTION 7-105: SERVICE TO NONRESIDENTS

The Water Department shall not supply water service to any person outside the corporate limits without special permission from the City Council; provided, the entire cost of laying mains, service pipe, and supply pipe shall be paid by the owner. Nothing herein shall be construed to obligate the City to provide water service to nonresidents. (Ref. Neb. Rev. Stat. §19-2701)

SECTION 7-106: WATER CONTRACT

The City, 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 City may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a city 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 City, as and when, according to law, the City Council 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 consid-ered 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 by any present consumer thereof and the fur-nishing of water service to said consumer shall constitute a contract between the consumer and owner and the City, to which said contract both parties are bound. If the consumer or owner shall violate any of the provisions of said contract or any reasonable rules and regulations that the City Council or Utility Services Board may hereafter adopt, the utilities superintendent or his/her agent may cut off or disconnect the water service from the building or premises or place of such violation until such time as the city administrator is of the opinion that water ser-vice may be resumed without violation of said rules and regulations. No further connection for water service to said building, premises or place shall again be made, save or except by order of said commissioner or his/her agent.

Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new con-tract. 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/she shall at once inform the city administrator or his/her agent who shall cause the water service to be shut off at the said premises. If the consumer should fail to give such notice, he/she and owner shall be charged for all water used on the said premises until the city administrator is otherwise advised of such circumstances. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-107: INSTALLATION PROCEDURE

Upon the filing of the application and payment of all fees, a permit will be issued to the duly licensed plumber, agent or applicant to do the necessary work in bringing water service from the tap to the applicant's premises. All water service pipe shall be placed in the manner and at the depth as recommended by the Util-ity Services Board and approved by the City Council. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications prescribed for such installation by the Utility Services Board; provided that the said rules, regulations and specifications have been reviewed and approved by the City Council.

In making excavations in streets, alleys or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones and earth must be removed and de-posited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. 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 side-walks 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 city ad-ministrator shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the owner. (Ref. Neb. Rev. Stat. §16-232, 16-667, 16-675, 16-681)

SECTION 7-108: INSTALLATION EXPENSE

The expense of providing water service to the premises from the nearest feasible main to the place of disbursement shall be paid by the owner in the form of a tap fee in the sum of $200.00 paid at the time of application for water service. In ad-dition to the tap fee, the applicant shall be required to advance the cost of instal-lation, pipe, stop box, and the expense of procuring the services of a plumber and other labor necessary to bring the water service to the place of disburse-ment. Customers shall be responsible for the costs of all materials except the meter, which is furnished by the City if it is 2" in size or smaller. Meters over 2" are the customer's responsibility to furnish. The labor to be furnished by the City shall consist only of the actual tapping of the water main. It shall be unlawful for any person, except such persons as may specifically be authorized by the utilities superintendent, to tap the commercial mains of the City or insert ferrules therein under any circumstances. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-109: METERS

All water meters shall be of a type and model specified by the Utility Services Board and shall be installed in the manner specified by the Utility Services Board. All meters and extensions shall be set in place by the City at the expense of the owner and shall be the property of the City; provided, consumers may surrender to the City meters heretofore purchased by them, and in consideration of such surrender the City will repair and replace said meters so surrendered at city ex-pense.

All water meters shall be installed inside the residence, building or structure which said connection serves, or in a building or structure which is heated and approved by the City to properly prevent said meter and connection from weather and provide proper maintenance. Meters placed in basements or inside resi-dences and business buildings shall be equipped with the necessary device to permit the reading of such meters from the outside. On any new installation or replacement, there shall be a shutoff valve placed in the water line on each side of the meter, going into and out of said meter. The property owner shall be re-sponsible for loss of meters and for repair and damage of meters as provided in this article. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-110: MULTIPLE METER HEADERS

Where in commercial or multifamily residential installations the rules provide that more than one meter is permitted to individually-metered tenants, a multiple me-ter header will be permitted, provided:

1. All meters shall meet the requirements of these Rules.

2. The header shall be constructed and installed in such a manner that the ser-vice entrance, the header piping, the meters and all valves shall be located in the same area and totally visible for inspection in a public access area.

3. Each meter shall be installed with valves on both sides to permit removal of the individual meter for repair and test purposes. In the case of a two-meter header, where one meter serves a lawn sprinkler and the other meter serves the other houses purposes, the master header valve may serve as the up-stream valve on the house meter. The valves going into the meter must be lockable.

4. The meters are not submeters.

5. Each meter will be independently read and billed by the City for water con-sumed.

6. The header and meters shall be located in a common use area readily acces-sible to meter readers and maintenance personnel. Such area shall be ac-cessible from the exterior of the building without going through residential or commercial space within the building.

7. The headers are properly constructed with materials compatible with the wa-ter service pipe approved by the City.

8. Adequate provisions are made to handle drainage from the system or where any meter larger than 1 1/2 inches is required to handle water flow from the test tee during meter tests.

9. In addition to the shut-off valves at the meters, a single separate valve shall be located immediately ahead of the header.

SECTION 7-111: REPAIRS AND MAINTENANCE

If any leak or break in any water pipe shall occur, the utilities superintendent shall forthwith shut off water to said premises until said leak or break is repaired by the consumer; provided, such repairs or replacements shall be done by licensed plumbers or agents of the consumers under the supervision of the utilities super-intendent. All supply or service pipe when leaking or out of condition shall be re-placed or repaired by the plumber. He/she shall warranty the work for a period of 12 months from and after construction is completed and the work accepted and approved by the utilities superintendent. After the maintenance period shall have expired, all replacements and repairs to supply or service pipes or any attach-ment thereto shall be made as in the case of leaks or breaks as provided herein-before. Should any consumer fail, neglect or refuse to take steps to replace his/her water pipe, after notification in writing by the utilities superintendent to do so forthwith, such pipe may be cut off at the curb cock or shut-off until said pipe is satisfactorily repaired or until new pipe is installed.

If the owner permits or allows a water meter to be damaged, injured or destroyed through his/her own recklessness, carelessness or neglect so that the meter must be repaired or replaced, the utilities superintendent shall bill and collect from the owner the cost of such meter repair or replacement in the same manner as water rent is collected, including disconnection if necessary. Permitting a wa-ter meter not surrendered to the City to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer; provided, the City shall keep in repair all water meters belonging to it at city expense. The City shall have the exclusive power to repair and test all meters. All repairs and tests of water meters belonging to or surrendered to the City shall be made at the ex-pense of the City. If any water meter in service belonging to or surrendered to the City is beyond repair, worn out and unfit for further use by reason of natural wear and tear, the same shall be replaced at the expense of the City. The meter so replaced shall at all times thereafter be and remain property of the City. 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 City. The City reserves the right to test any water service meter at any time. Any water meter belonging to the consumer and not surrendered to the City shall, when necessary, be repaired, replaced or tested by the City at the expense of the consumer or owner, who shall be billed for and shall pay for the same in the same manner as water rent, regardless of whether or not the consumer orders or requests the City to repair, replace or test said meter. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-112: METERS; INABILITY TO REPAIR

In the event it is impossible to read the meter or the meter is not working accu-rately, as the case may be, it shall be considered that the amount of water used shall be the amount used during the corresponding period during the preceding year, if a meter was in operation on said premises during that period and water was used for substantially the same purposes during that period of the preceding year. If the purposes for which water was used during said period and the period in question were not substantially the same, the utilities superintendent shall make such charge as he/she deems reasonable, subject to the right of the con-sumer to file a claim for a refund with the City Council after paying said charge.

SECTION 7-113: FEES AND COLLECTIONS

Water charges shall commence when both a plumbing permit and a tapping permit have been issued for a new residence, commercial building or other struc-ture. Water service meter readings shall be computed by the utilities superinten-dent under the direction of the city administrator. Residential consumers shall be billed every other month and commercial consumers shall be billed every month. The utilities superintendent shall bill the consumers and collect all money re-ceived by the City on the account of the water department. He/she shall faithfully account for and pay to the city treasurer all revenue collected by him/her, taking his/her receipt therefor in duplicate, filing one with the city clerk and keeping the other on file in the water department's official records. All bills shall be immedi-ately due upon receipt. If the consumer shall neglect or refuse to pay his/her bill on or before the 15th day of the month when due, it shall be considered delin-quent, and forthwith said consumer's water service shall be discontinued pursu-ant to the procedure set forth herein and disconnected until all amounts in ar-rears are paid in full, together with a service charge set by the City Council and on file at the offices of the utilities superintendent and city clerk for resumption of service. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-114: MINIMUM RATES

It shall be the duty of the City Council to set a tariff of rates based on monthly consumption for each consumer of water service. A schedule of said rates shall be on file at the offices of the utilities superintendent and city clerk; provided that, in the judgment of the city administrator, where special conditions exist to the ex-tent that the application of the service charges as specified herein would be in-equitable and unfair to the City, the city administrator shall recommend to the City Council a special rate applying to such consumers. Such special rates, when adopted by the City, shall apply to all consumers using the sanitary facili-ties of the City under like circumstances. All water customers shall be liable for the rate provided by ordinance unless and until the consumer shall, by written order, direct the utilities superintendent to shut off the water at the stop box, in which case he/she shall not be liable thereafter for water rates until the water is turned on again. Deductions from the monthly minimum rate as aforesaid shall be allowed for the time that service has been discontinued only when such ser-vice has been discontinued after notice to the city administrator. No deduction shall be made for the time that any service remains out of use. A flat rate shall not be quoted nor allowed. All water sold shall be measured and disposed of to consumers at the metered rates set forth. No water shall be furnished to any consumer under any other rate than is provided by this section, except to con-sumers using water service on premises outside the corporate limits, in which case the water service shall be furnished to the consumer at such rates as the City Council may uniformly fix. (Ref. Neb. Rev. Stat. §16-681, 16-682)

SECTION 7-115: LIEN

In addition to all other remedies, if a customer shall for any reason remain in-debted to the City 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 utilities superintendent shall notify in writing or cause to be noti-fied in writing, all owners of premises or their agents whenever their tenants or lessees are 30 days or more delinquent in the payment of water rent. It shall be the duty of the city administrator to report to the City Council a list of all 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 City Council, shall be certified by the city clerk to the county treasurer to be collected as a special tax in the manner provided by law. (Ref. Neb. Rev. Stat. §16-682)

SECTION 7-116: SINGLE PREMISES

No consumer shall supply water to other families, or allow them to take water from his/her premises. After water is supplied into a building, no person shall 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 city administrator or utilities superintendent. It shall further be unlawful for any person to tamper with any water meter or by means of any con-trivance 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 it to register inaccurately. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-117: RESTRICTED USE; LIABILITY OF CITY

The City Council 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. The City 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 City has no control. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-118: FIRE HYDRANTS

All hydrants for the purpose of extinguishing fires are hereby declared to be pub-lic hydrants, and it shall be unlawful for any person other than members of the City 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 hy-drants and draw water from the same, or in any manner to interfere with the hy-drants without permission of the city administrator. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-119: MANDATORY HOOKUP

All persons with 300 feet of a water main shall be required, upon notice by the city administrator, to hook up with the city water system. (Ref. Neb. Rev. Stat. §16-667.03, 16-681)

SECTION 7-120: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX

Any pipe, solders or flux used in the installation or repair of any residential or non-residential facility which is connected to the public water supply system shall be lead free.

For purposes of this section, lead free shall mean:

1) Solders and flux - not more than two-tenths (.2%) percent lead, and
2) Pipe and pipe fittings - not more than eight (8%) percent lead.

SECTION 7-121: INSPECTION

The utilities superintendent or his/her duly authorized agent(s) shall have free access and entry at any reasonable time to all parts of each premises and build-ing to, or in which, water is delivered for the purposes of examining the pipes, fix-tures and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water or to make any repairs or adjustments as neces-sary. (Ref. Neb. Rev. Stat. §16-681)

SECTION 7-122: POLICE REPORTS

It shall be the duty of the city police to report to the city administrator or utilities superintendent all cases of leakage and waste in the use of water and all viola-tions of the Municipal Code relating to the Water Department. They shall have the additional duty of enforcing the observance of all such regulations.

SECTION 7-123: 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 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 city administrator or utilities super-intendent.

SECTION 7-124: DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE

1. The City shall have the right to discontinue utility services and remove its properties if the charges for such services are not paid within ten days after the date that the charges become delinquent. Before any termination, the City shall first give notice by first class mail, which shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days, weekends and holidays excluded, after notice is sent or given. As to any subscriber who previously has been identified to the City by the Department of Health and Hu-man Services as a welfare recipient, notice of such proposed termination shall be given to the Department of Health and Human Services by certified mail.

2. The notice shall contain the following information:
(a) The reason for the proposed disconnection;
(b) A statement of the intention to disconnect unless the domestic sub-scriber either pays the bill or reaches an agreement with the City re-garding payment of the bill;
(c) The date upon which service will be disconnected if the domestic sub-scriber does not take appropriate action;
(d) The name, address and telephone number of the employee or depart-ment to whom the domestic subscriber may address an inquiry or complaint;
(e) The domestic subscriber's right, prior to the disconnection date, to re-quest a conference regarding any dispute over such proposed discon-nection;
(f) A statement that the City may not discontinue service pending the con-clusion of the conference;
(g) A statement to the effect that the disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate certifying that the domestic subscriber or a resident within such sub-scriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard upon the disconnection of the City's service to that household. Such certificate shall be filed with the City within five days of receiving notice under this section and will prevent the disconnection of service for a period of 30 days from each such filing. Only one postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any past-due account;
(h) The cost that will be borne by the domestic subscriber for restoration of service;
(i) A statement that the domestic subscriber may arrange with the City for an installment payment plan;
(j) A statement to the effect that those domestic subscribers who are wel-fare recipients may qualify for assistance in paying their utility bill and that they should contact their caseworker in that regard; and
(k) Any additional information not inconsistent with this section which has received prior approval from the City Council.

3. A domestic subscriber may dispute the proposed discontinuance of service by notifying the City with a written statement that sets forth the reasons for the dis-pute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the City may discontinue service.

4. The procedures adopted by the City Council for resolving utility bills, three copies of which are on file in the office of the city clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.

5. This section shall not apply to any disconnections or interruptions made nec-essary by the City for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public. (Ref. Neb. Rev. Stat. §16-681, 16-682)

SECTION 7-125: DIVERSION OF SERVICES, METER TAMPERING,
UNAUTHORIZED RECONNECTION, PROHIBITED;
EVIDENCE

1. Any person who connects any pipe or conduit supplying water, without the knowledge and consent of the City, in such manner that any portion thereof may be supplied to any instrument by or at which water may be consumed without passing through the meter provided for measuring or registering the amount or quantity passing through it, and any person who knowingly uses or knowingly permits the use of water obtained in the above-mentioned unauthorized ways, shall be deemed guilty of an offense.

2. Any person who willfully injures, alters, or by any instrument, device or con-trivance in any manner interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or quantity of water passing through it without the knowledge and consent of the City, shall be deemed guilty of an offense.

3. When water service has been disconnected pursuant to Section 7-123 of this Code, any person who reconnects such service without the knowledge and con-sent of the City shall be deemed guilty of a misdemeanor.

4. Proof of the existence of any pipe or conduit connection or reconnection or of any injury, alteration or obstruction of a meter, as provided in this section, shall be taken as prima facie evidence of the guilt of the person in possession of the premises where such connection, reconnection, injury, alteration, or obstruction is proved to exist. (Ref. Neb. Rev. Stat. §86-329 through 86-331)

SECTION 7-126: BACKFLOW/BACKSIPHONAGE PREVENTION; POLICY
AND PURPOSE

1. The purpose of these backflow regulations is:

A. To protect the public potable water supply system of the City from the possibility of contamination or pollution within the consumer’s internal dis-tribution system or from private water system contaminants or pollutants which could backflow through the service connection into the public pota-ble water supply system.

B. To promote the elimination, containment, isolation or control of existing cross-connections, actual or potential, between the public or consumer’s potable water systems and nonpotable water systems, plumbing fixtures and industrial process systems.

C. To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.

2. Application: These backflow/backsiphonage prevention regulations shall ap-ply to all premises served by the public potable water system of the City.

3. Policy: These backflow/backsiphonage prevention regulations will be rea-sonably interpreted. It is the City’s intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commen-surate with the degree of hazard.

The City Water Department shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the pro-gram to control cross-connections. The consumer is responsible for preventing contamination of the water system within his/her own premises.

If, in the judgment of either the Water Department or Health Department, cross-connection is required through either piping modification or installation of an ap-proved backflow prevention device, 30 days' notice shall be given to the con-sumer. The failure, refusal or inability on the part of the consumer to provide the requested protection within 30 days shall make the consumer subject to discon-tinuance of water service at the discretion of the Water Department, according to the degree of hazard, without further notice.

SECTION 7-127: BACKFLOW/BACKSIPHONAGE PREVENTION;
DEFINITIONS

For the purposes of this article, the following definitions shall apply:

"Air gap separation" shall mean the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle.

"Auxiliary water system" means any water source system that may be available to the building or premises, other than the public water supply.

"Backflow" means the flow other than the intended direction of flow of any foreign liquids, gases or substances into the water distribution system.

"Backflow prevention device” means any device, method or type of construction intended to prevent backflow into a potable water system; provided, backflow preventers have been tested and approved by a reputable testing laboratory.

"Consumer" means the owner or person in control of any premises supplied by or in any manner connected to a public water supply system.

"Containment” means protection of the public water supply by installing a cross-connection control device or air gap separation on the main service line to a facil-ity, or as an installation within equipment handling potentially hazardous materi-als.

"Contamination" means an impairment of the quality of the water by sewage, process fluids or other wastes to a degree which could cause an actual hazard to the public health through poisoning or through spread of disease by exposure.

"Cross-connection" means any physical link between a potable water supply and any other substance, fluid or source which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or dis-tribution system.

"Degree of hazard" means an evaluation of the potential risk to the public health and the adverse effect of the hazard upon the potable water system.

A. Hazard, health: any condition, device or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.

B. Hazard, plumbing: a plumbing-type cross-connection in a consumer’s potable water system that has not been properly protected by a vac-uum breaker, air gap separator or backflow prevention device.

C. Hazard, pollutional: an actual or potential threat to the physical proper-ties of the water system or to the potability of the public or consumer’s potable water system which would constitute a nuisance or be aes-thetically objectionable or could cause damage to the system or its ap-purtenances, but would not be dangerous to health.

D. Hazard, system: an actual or potential threat of severe damage to the physical properties of the public potable water system or the con-sumer’s potable water system, or of a pollution or contamination which would have a protracted effect on the qualify of the potable water in the system.

"Industrial process system" means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into a potable water supply.

"Isolation” means protection of a facility service line by installing a cross-connection control device or air gap separation on an individual fixture, appurte-nance or system.

"Pollution" means the presence in water of any foreign substances (organic, in-organic or biological) that degrades its quality so as to constitute a hazard or im-pair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.

"Public potable water system" means any publicly or privately owned water sys-tem supplying water to the general public which is satisfactory for drinking, culi-nary and domestic purposes and meets the requirements of the Nebraska De-partment of Health.

"Service connection" means the terminal end of a service line from the public wa-ter system. If a meter is installed at the end of the service line, then the service connection means the downstream end of the meter.

"Water department” means the Water Department of the City of Plattsmouth, Ne-braska.

SECTION 7-128: BACKFLOW/BACKSIPHONAGE PREVENTION; CROSS-
CONNECTIONS PROHIBITED

1. No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public water supply system may exist unless such actual or potential cross-connections are abated or con-trolled to the satisfaction of the City and as required by the laws and regulations of the Nebraska Department of Health or its authorized representative.

2. No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system, unless such auxiliary water sup-ply and the method of connection and use of such supply shall have been ap-proved by the City Water Department and the Nebraska Department of Health.

3. No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities and fixtures have not been constructed and installed using acceptable plumbing practices considered by the City Water Department as necessary for the protection of health and safety.

SECTION 7-129: BACKFLOW/BACKSIPHONAGE PREVENTION; SURVEY
AND INVESTIGATION

1. The consumer’s premises shall be open at all reasonable times to the City or its authorized representative for the conduct of surveys and investigations of wa-ter use practices within the consumer’s premises to determine whether there are actual or potential cross-connections.

2. On request by the City or its authorized representative, the consumer shall conduct periodic surveys and furnish requested information on water use prac-tices within the premises and in the consumer’s water system to determine whether there are actual or potential cross-connections. The consumer shall provide the survey results to the City or its authorized representative.

SECTION 7-130: BACKFLOW/BACKSIPHONAGE PREVENTION; WHERE
PROTECTION IS REQUIRED

1. An approved backflow prevention device shall be installed between the ser-vice connection and the point of potential backflow into a consumer's water sup-ply system when, in the judgment of the superintendent, a health, plumbing, pol-lution or system hazard exists. The type and degree of protection required shall be commensurate with the degree of hazard.

2. An approved air gap separation or backflow prevention device shall be in-stalled at the service connection or within any premises where, in the judgment of the Water Department, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the prem-ises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow prevention device is required to be installed. This includes, but is not limited to, the following:

A. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Water Department and the Ne-braska Department of Health.

B. Premises having internal cross-connections which are not correctable, or intricate plumbing arrangements which make it impractical to deter-mine whether or not cross-connections exist.

C. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.

D. Premises that, although not covered by code, are subject to frequent modification which would change their status.

E. Premises that have had backflow code violations.

F. Premises on which any substance is handled under pressure so as to permit entry into the public water supply system or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.

G. Premises where toxic or hazardous materials are handled such that if a backsiphonage or backpressure should occur, a serious health haz-ard may result.

3. The following types of facilities fall into one or more of the categories or prem-ises where an approved air gap separation or approved backflow prevention de-vice may be required by the City or its authorized representative or the Nebraska Department of Health to protect the public water supply, and such must be in-stalled at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the City or its authorized representative and the Nebraska Department of Health:

A. Auxiliary water systems
B. Beverage bottling plants
C. Canneries, packing houses, reduction plants
D. Car washing facilities
E. Cemetery sprinkler systems
F. Chemical manufacturing, processing, compounding or treatment plants
G. Chemically contaminated water systems
H. Cooling coil service lines (refrigeration, air conditioning, etc.)
I. Dairies and cold storage plants
J. Film laboratories
K. Fire protection systems
L. Hazardous waste storage and disposal facilities
M. Hospitals, mortuaries, dental clinics, nursing and convalescent homes, medical buildings
N. Hot water and steam boiler heating systems
O. Sprinkler systems and hose connections directly injecting materials of a toxic or hazardous nature
P. Laundries and dye works
Q. Metal manufacturing, cleaning, processing and fabricating plants
R. Oil and gas production, storage or transmission properties
S. Pet grooming facilities and veterinary hospitals
T. Plating plants
U. Printing and publishing facilities
V. Research and analytical laboratories
W. Sewage treatment plants, sewage pumping stations, or storm water pumping stations
X. Swimming pools, Class A, B and C
Y. Zoological and horticultural gardens

SECTION 7-131: BACKFLOW/BACKSIPHONAGE PREVENTION; TYPE OF
PROTECTION REQUIRED

1. The type of protection required under Sections 7-126 through 7-136 of this article shall depend on the degree of hazard that exists as follows:

A. An approved air gap shall be installed where the potable water supply system may be contaminated with any substance that could cause a severe health hazard.

B. An approved air gap separation or an approved backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a health hazard.

C. An approved air gap separation or an approved backflow prevention device or an approved double check valve assembly shall be installed where the public potable water system may be polluted with sub-stances that could cause a pollutional hazard not dangerous to health.

SECTION 7-132: BACKFLOW/BACKSIPHONAGE PREVENTION; BACKFLOW
PREVENTION DEVICES

Any approved backflow prevention device required by Sections 7-126 through 7-136 shall be of a model or construction approved by the City or its authorized representative and the Nebraska Department of Health.

1. Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.

2. Double check valve assemblies or reduced pressure principal backflow pre-vention devices shall appear on the current list of approved backflow prevention devices established by the Nebraska Department of Health, unless the device was installed at the time this ordinance was passed and complies with required inspection, maintenance and performance standards.

3. Any backflow preventer which does not meet current protection standards shall be replaced with an approved backflow preventer at the customer’s ex-pense.

SECTION 7-133: BACKFLOW/BACKSIPHONAGE PREVENTION;
INSTALLATION

1. Backflow prevention devices required by this policy shall be installed at a lo-cation and in a manner approved by the City or its authorized representative. All devices shall be installed at the expense of the consumer.

2. Backflow prevention devices installed on the service line to the consumer's water system shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical and prior to any other connection.

3. Backflow prevention devices shall be conveniently accessible for mainte-nance and testing, protected from freezing, and not submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturer’s recommendations.

4. Backflow prevention devices for underground sprinklers that have an opening to the atmosphere shall be located at least six inches above the highest ground served by the sprinkler system.

SECTION 7-134: BACKFLOW/BACKSIPHONAGE PREVENTION;
INSPECTION AND MAINTENANCE

1. It shall be the duty of the consumer at any premises on which backflow pre-vention devices required by this article are installed to have inspections, tests and overhauls made in accordance with the following schedule or more often where inspections indicate a need:

A. Air gap separations shall be inspected at the time of installation and at least every 12 months thereafter.

B. Double-check valve assemblies shall be inspected and tested for tight-ness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every three years.

C. Reduced pressure principal backflow prevention devices shall be in-spected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected in-ternally, cleaned and repaired whenever needed and at least every five years.

2. Overhauls of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by the Water Department or a State of Nebraska certified backflow prevention device tester.

3. Backflow prevention devices designed with testing cocks shall be inspected and tested each year. Tests performed by the Water Department will be at the expense of said department and tests performed by others shall be at the ex-pense of the consumer.

Whenever backflow prevention devices required by this article are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.

The water consumer must maintain a complete record of each backflow preven-tion device that has test cocks from purchase to retirement. Records of inspec-tions, tests, repairs and overhauls performed by others shall be submitted to the Water Department annually.

Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Water De-partment.

SECTION 7-135: BACKFLOW/BACKSIPHONAGE PREVENTION;VIOLATIONS

1. The City or its authorized representative, after 30 days' notice to the occu-pants thereof, shall have the right to deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested and maintained in a manner acceptable to the City or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection ex-ists.

2. Water service to such premises shall not be restored until the consumer is in compliance with this article to the satisfaction of the City or its authorized repre-sentative.

3. The City Health Department shall be advised of inspection findings and the violation abatement action pursued by the City Water Department, and shall be consulted prior to any violation abatement action on items having to do with pub-lic health significance.

SECTION 7-136: BACKFLOW/BACKSIPHONAGE PREVENTION; CONFLICTS
WITH OTHER APPLICABLE CODES

The provisions of this ordinance shall be read as concurrent provisions with the most current edition of the Uniform Plumbing Code and the rules and regulations of the Nebraska Department of Health. In the event of conflicting provisions, the most restrictive shall apply.

SECTION 7-137: CITY WELLS; SAFE ZONE

A safe zone shall be established around each of the City's public wells following the guidelines set by the State of Nebraska Department of Health. No changes will be allowed in the area surrounding any public wells of the City that will bring any public wells into violation of the guidelines set by the State of Nebraska De-partment of Health for the drilling of public wells. While this ordinance will be construed to include any guidelines set by the Department of Health and to allow for any changes in the guidelines of the Department of Health, at this time the guidelines include:

No private well within 1,000 feet

No sewage lagoon or sewage treatment plant within 1,000 feet

No absorption or disposal field for water within 500 feet

No dump site or sanitary landfill within 500 feet

No chemical product storage facility within 500 feet

No petroleum product storage facility within 500 feet

No corral or feedlot within 500 feet

No septic tank, cesspool, or other waste disposal facility within 500 feet

No sewer manhole or sewer connection within 100 feet

No sewer line within 50 feet

ARTICLE II - SEWER DEPARTMENT

SECTION 7-201: OPERATION AND FUNDING

The City owns and operates the city sewer system through the utilities superin-tendent. For the purposes of defraying the cost of the operation, maintenance and replacement (OM&R) of the sewer utilities in the City, the City Council may establish a user charge based on actual use and revise the charges, if neces-sary, to accomplish the following:

1. Maintain the proportional distribution of operation, maintenance and replacement costs among users and user classes;
2. Generate adequate revenues to pay the costs of OM&R:
3. 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.

The revenue from the user charge system based on actual use shall be known as the Sewer Maintenance Fund, and such revenue shall be used only for the purpose of paying the reasonable expenses of the operation and maintenance of the sanitary sewage system for the purpose of extending and improving the sani-tary sewage system and for the purpose of creating reserves for any of the aforesaid purposes. The utilities superintendent shall have the direct manage-ment and control of the Sewer Department and shall faithfully carry out the duties of his/her office. He/she shall have the authority to adopt rules and regulations for the sanitary and efficient management of the department subject to the su-pervision and review of the City Council. (Ref. Neb. Rev. Stat. §18-501, 18-503, 18-509)

SECTION 7-202: DEFINITIONS

Unless the context specifically indicates otherwise, the meanings of terms used herein shall be as follows:

1. "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under stan-dard laboratory procedure in five days at 20° degrees C. expressed in milli-grams per liter.

2. "Building drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer, the building sewer beginning five feet outside the inner face of the building wall.

3. "Building sewer” shall mean the extension from the building drain to the pub-lic sewer or other place of disposal.

4. "City" shall mean the City of Plattsmouth, Nebraska.

5. "Combined sewer" shall mean a public sewer receiving both surface run-off and sewage.

6. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, stor-age, and sale of produce.

7. "Industrial wastes" shall mean the liquid wastes from industrial manufactur-ing processes, trades or businesses as distinct from sanitary sewage.

8. "Local ventilating pipe" shall mean and include any pipe through which foul air is removed from a room or fixture.

9. "Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

10. "Normal sewage" shall mean sewage not exceeding maximum tolerance of contamination of 300 milligrams per liter BOD or 350 milligrams per liter of suspended solids.

11. "Person" shall mean any individual, firm, company, association, society, cor-poration or group.

12. "pH' shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

13. "Properly shredded garbage" shall mean the wastes from the preparation, cooking and dispensing of foods 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.

14. "Public sewer" shall mean a sewer controlled by public authority in which all owners of abutting properties have equal rights.

15. "Sanitary sewer" shall mean a public sewer that carries sewage and to which storm, surface and ground waters are not intentionally admitted.

16. "Sewage" shall mean a combination of the water-carried wastes from prop-erty, together with such ground, surface and storm waters as may be pre-sent.

17. "Sewer" shall mean a pipe or conduit for carrying sewage.

18. "Shall" is mandatory; "may" is permissive.

19. "Slug" shall mean 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 av-erage 24-hour concentration of flows during normal operation.

20. "Soil pipe" shall mean and include any pipe which conveys the discharge of water closets with or without the discharge from other fixtures to the house or building drain.

21. "Standard methods" shall mean the examination and analytical procedures set forth in the most recent editions of "Standard Methods for the Examina-tion of Water, Sewage and Industrial Waste," published jointly by the American Public Health Association, the American Water Works Associa-tion, and the Water Pollution Control Federation.

22. "Storm sewer" shall mean a public sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.

23. "Suspended solids" (SS) shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are re-movable by laboratory filtering.

24. "Utilities superintendent" shall mean the utilities superintendent of the City of Plattsmouth or his/her authorized representative, deputy or agent.

25. "Trap" shall mean and include a fitting or device so constructed as to pre-vent the passage of air or gas through a pipe without materially affecting the flow of sewage or waste through it.

26. "Trap seal" shall mean the vertical distance between the crown weir and the dip of the trap.

27. "Unpolluted waters" is water of quality equal to or better than the effluent cri-teria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

28. "Vent pipe" shall mean any pipe provided to ventilate a house or building drainage system and to prevent trap siphonage and back pressure.

29. "Waste pipe" shall mean any pipe which receives the discharge of any fix-ture, except water closets, and conveys the same to the house drain, soil pipe or waste stack.

30. "Watercourse" shall mean a natural or artificial channel for the passage of water, either continuously or intermittently.

SECTION 7-203: SEWER CONTRACT

The City, through the Sewer Department, shall furnish sewer services to persons within its corporate limits whose premises abut a street or alley in which a com-mercial main is now or may hereafter be laid. The City may also furnish sewer service to persons whose premises are situated outside the corporate limits of the City, as and when, according to law, the City Council may see fit to do so. The rules, regulations and sewer rental rates hereinafter named in this article shall be considered a part of every application hereafter made for sewer service and shall be a part of the contract between every customer now or hereafter served. Without further formality, the making of the application on the part of any applicant or the use of sewer service by present customers thereof shall consti-tute a contract between the customer and the City, to which said contract both parties are bound. If the customer shall violate any of the provisions of said con-tract or any reasonable rules and regulations that the City Council may hereafter adopt, the utilities superintendent or his/her agent may cut off or disconnect the sewer service from the building or premises of such violation. No further connec-tion for sewer service to said building or premises shall again be made save or except by order of the utilities superintendent or his/her agent. (Ref. Neb. Rev. Stat. §18-503)

SECTION 7-204: SERVICE CONTRACTS

Contracts for sewer service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new con-tract. If any customer shall move from the premises where service is furnished, or if the said premises is destroyed by fire or other casualty, he/she shall at once inform the utilities superintendent, who shall cause the sewer service to be shut off from the said premises. If the customer should fail to give notice, he/she shall be charged for that period of time until the official in charge of sewers is other-wise advised of such circumstances. (Ref. Neb. Rev. Stat. §18-503, 18-508)

SECTION 7-205: RATE SETTING

Customers of the City Sewer Department shall be charged a flat rate based on water usage for the use of sewer service. Rates shall be set from time to time by resolution of the City Council. Such rates shall be on file at the offices of the utili-ties superintendent and city clerk and available for public inspection at any rea-sonable time. (Ref. Neb. Rev. Stat. §16-694, 18-509)
SECTION 7-206: SEWER FEES; BILLING

All sewer use charges provided for in this article shall be billed the first day of each month for service during the preceding month and shall be due and payable as of that time. Residential customers shall be billed once every other month and commercial customers shall be billed monthly. If any user shall neglect or refuse to pay such bill on or before the 15th day of the month succeeding the due date, the bill shall be considered delinquent and the water service to the prem-ises of such consumer shall be discontinued. All sewer use charges prescribed by this article shall be a lien upon the premises and the real estate for which the sewer use 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 ac-tion at law from the owner or person, firm or corporation using the service, or it may be certified to the tax assessor and assessed against the premises served, and collected or returned in the same manner as other city taxes are certified, assessed, collected and returned. Users commencing or ending their use of the sewage system after the first day of any month shall pay the sewer use charge for the entire month remaining. (Ref. Neb. Rev. Stat. §16-694, 18-503, 18-509)

SECTION 7-207: DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE

The City shall have the right to discontinue service if the charges for such service become delinquent pursuant to the delinquency provision heretofore set forth in this chapter. Before any termination, the utilities superintendent shall first give notice by first class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days. As to any subscriber who has previously been identified to the City as a welfare recipient by the Department of Health and Human Ser-vices, such notice shall be by certified mail and notice of such proposed termina-tion shall be given to the Department of Health and Human Services.

The notice shall contain the following information:

1. The reason for the proposed disconnection;
2. A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the City;
3. The date upon which service shall be disconnected if the domestic sub-scriber does not take appropriate action;
4. The name, address and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;
5. The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
6. A statement that the City may not disconnect service pending the conclu-sion of the conference;
7. A statement to the effect that disconnection may be postponed or pre-vented upon presentation of a duly licensed physician's certificate which shall certify that the domestic subscriber or resident within such sub-scriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. Such certificate shall be filed with the City within five days of receiving notice under this section and will prevent the disconnection of the City's service for a period of 30 days from such filing. Only one postponement of dis-connection shall be allowed under this subsection for each incidence of nonpayment of any due account;
8. The cost that will be borne by the domestic subscriber for restoration of service;
9. A statement that the domestic subscriber may arrange with the City for an installment payment plan;
10. A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bills and that they should contact their caseworker in that regard; and
11. Any additional information not inconsistent with this section which has
received prior approval from the City Council.

A domestic subscriber may dispute the proposed discontinuance of service by notifying the utility with a written statement that sets forth the reasons for the dis-pute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the utility may discontinue service.

The procedures adopted by the City Council for resolving utility bills, three copies of which are on file in the office of the city clerk, are hereby incorporated by ref-erence in addition to any amendments thereto and are made a part hereof as though set out in full.

This section shall not apply to any disconnections or interruptions of service made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public. (Ref. Neb. Rev. Stat. §19-2701 et seq.)

SECTION 7-208: LIEN

In addition to all other remedies, if a customer shall for any reason remain in-debted to the City for sewer service furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent sewer rent which is hereby declared to be a lien upon the real estate for which the same was used. The utilities superintendent shall notify in writing, or cause to be noti-fied in writing, all owners of premises or their agents whenever their tenants or lessees are 30 days or more delinquent in the payment of sewer rent. It shall be the duty of the utilities superintendent to report to the City Council a list of all un-paid accounts due for sewer together with a description of the premises upon which the same was used. The report shall be examined, and if approved by the City Council, shall be certified by the city clerk to the county clerk to be collected as a special tax in the manner provided by law.

SECTION 7-209: CLASSIFICATION

The City Council may classify the customers of the Sewer Department for the purpose of rental fees; 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. (Ref. Neb. Rev. Stat. §18-503)

SECTION 7-210: DISCHARGE OF UNTREATED SEWAGE; UNLAWFUL

It shall be unlawful to discharge to any natural outlet within the City or within two miles of the corporate limits thereof, or in any area under the jurisdiction of the City, any sewage, industrial wastes or other polluted waters, except where suit-able treatment has been provided in accordance with subsequent provisions of this article.

SECTION 7-211: PUBLIC SEWERS REQUIRED; CESSPOOLS, PRIVIES AND
SEPTIC TANKS PROHIBITED

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.

SECTION 7-212: PUBLIC SEWERS REQUIRED; MANDATORY HOOKUP

The owner of any houses, buildings or properties used for human employment, recreation or other purposes, situated within the City 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 City is hereby required at his/her ex-pense to install suitable toilet facilities therein and to connect such facilities di-rectly with the proper public sewer in accordance with the provisions of this arti-cle within 90 days after the date of official notice to do so; provided that said pub-lic sewer is within 100 feet of the property line.

SECTION 7-213: BUILDING SEWER INSTALLATION; PERMIT REQUIRED,
TRANSFERABILITY

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 utilities superintendent. When two or more persons are copartners, the permit shall issue in the name of the firm or co-partnership, and no permit shall be transferable. (Ref. Neb. Rev. Stat. §16-249, 16-321, 16-694)

SECTION 7-214: BUILDING SEWER CONSTRUCTION; BOND REQUIRED AT
REQUEST OF CITY COUNCIL

Any licensed plumber with experience in laying drain, water or sewer pipes, upon application to the City Council, may receive a permit to lay drain, water or sewer pipes, or make connections thereto as specified in the permit; provided, no appli-cation for such permit shall be considered unless accompanied by a non refund-able tap fee of $200.00 and a bond in an amount to be fixed by the City Council, if, in its discretion, a bond is necessary. Such bond, if required, shall be subject to the approval of the City Council, to secure the City and the public against damages that may arise by reason of the carelessness or neglect of such person or corporation to properly execute or protect his/its work, and to properly repair all damages caused thereby, or for any penalties that may be imposed. (Ref. Neb. Rev. Stat. §16-249, 16-321, 16-694)

SECTION 7-215: BUILDING SEWER CONSTRUCTION; PROTECTION OF
WORK

The contractor shall, at his/her expense, erect suitable barriers around all exca-vations or obstructions on public thoroughfares to prevent accidents, and during the night shall place and maintain sufficient lights for this purpose on or near the work. The contractor will, at all times until its completion and final acceptance, protect his/her work, apparatus and material from accidental or other damage, and shall make good any damages thus occurring at his/her own expense.

SECTION 7-216: BUILDING SEWER CONSTRUCTION; ACCESS AND
DRAINAGE

The contractor shall keep unobstructed a sufficient area around fire hydrants to permit their full and effective use in case of fire. He/she shall keep natural drainage and watercourses unobstructed or provide equal courses effectively placed. The contractor shall be held liable if negligent.

SECTION 7-217: BUILDING SEWER CONSTRUCTION; PROTECTION OF
PROPERTY

The contractor shall, at his/her expense, by the use of false work, braces, shoring or other effective means, protect against damage all buildings, walls, fences and other property along his/her line of work affected directly by such work and shall repair or repay the injured owners for such damage.

The contractor shall exercise care to protect from injury all existing water pipes, sewer lines, gas lines, telephone cables, electric cables, and other underground structures which may be encountered during the progress of the work. Water and other service pipes and fixtures, if damaged, shall be repaired by the con-tractor without additional compensation.

The contractor shall give notice in writing at least 48 hours before breaking ground to all persons, superintendents, inspectors, or those otherwise in charge of property, streets, water pipes, sanitary sewer pipes or otherwise that may be affected by their operation, in order that they may remove any obstructions for which they are responsible or may have a representative on the ground to see that their property is properly protected.

SECTION 7-218: BUILDING SEWER CONSTRUCTION; GUARANTEE

The contractor shall furnish a maintenance bond, subject to the City's approval, guaranteeing to keep all work constructed under his/her contract in good repair for a period of two years from the date of final acceptance. Good repair shall be construed to mean that any functional or structural deterioration, except that from ordinary and reasonable use, which appreciably reduces the effectiveness of the improvement for the purpose intended or any serious departure from the stan-dards of original construction shall be remedied.

If, in the opinion of the City, such deterioration takes place, it shall so notify the contractor by registered letter to the address given in the contractor's proposal, and a copy of such notice will be sent to the bonding company, which notice is mutually agreed to be sufficient and adequate. If the contractor shall not proceed to remedy such defects as are called to his/her attention in the notice within ten days, the City shall cause the repairs to be made as it deems best, and the entire cost thereof shall be paid by the contractor or his/her sureties.

SECTION 7-219: BUILDING SEWER CONSTRUCTION; EXCAVATION AND
BACKFILL

Trenching shall be in open cut except with the written permission of the engineer. Permission for tunnel work may be given for crossing under crosswalks, house driveways or service pipes when such tunnels will not exceed ten feet in length. The length of trench to be opened at one time may be limited when, in the opin-ion of the engineer, such limitation is necessary. The amount of open or unfilled trench shall not exceed 1,000 feet unless ordered by the engineer, and failure to comply with this requirement shall be cause for shutdown of the entire job until such backfilling is accomplished. Trenches shall be only of sufficient width to provide a free working space on each side of the pipe of not less than four inches nor more than the outside diameter of the pipe bells, plus 24 inches.

Trenches shall be kept free from water until the material in the joints has hard-ened. Trenches shall be sheeted and braced as necessary. Such sheeting shall not be removed until backfilling has progressed to such stage that no damage to pipe lines or structures will result from its removal.

At street crossings, sidewalks and other points where the engineer deems it nec-essary, the trenches shall be bridged in a secure manner so as to prevent seri-ous interruption of travel and to afford access to public and private premises. Such bridges shall be approved by the engineer.

Backfilling of trenches shall be done in accordance with rules and regulations set by the utilities superintendent.

SECTION 7-220: BUILDING SEWER CONSTRUCTION; PREPARATION OF
FOUNDATION FOR PIPE LAYING

When the excavation is in firm earth, care should be taken to avoid the removal of material below the established grade. If the foundation is in rock, the excava-tion shall be carried to an elevation which will provide for a bedding course not less than 12 inches thick below the body of the pipe. This bedding course shall be suitable earth or sand, free from rocks, roots, sod or vegetable matter and shall be firmly tamped in place before shaping the bed to fit the pipe. Before pipes are placed, the bottom of the trench shall be shaped to give full support to the lower one-fourth of the pipe circumference. Adequate bell holes shall be made at each joint. Where the excavation is in unstable earth or muck, the con-tractor shall provide the necessary materials for stabilization so the pipe will be laid on a firm foundation. If the foundation is in unstable soil, the excavation shall be carried to a depth which will allow the placement of a six-inch thick layer of crashed limestone as subgrade stabilization.

SECTION 7-221: BUILDING SEWER CONSTRUCTION; CONSTRUCTION
CODES

The size, slope, alignment and materials of constructing a building sewer and the methods to be used in excavating, placing the pipe, jointing, testing and backfill-ing the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. 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.
Whenever possible, the building sewer shall be brought to the building at an ele-vation 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 build-ing sewer.

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 City 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 gastight and watertight. Any deviation from the prescribed proce-dures and materials must be approved by the utilities superintendent before in-stallation.

SECTION 7-222: SEWER INSTALLATION EXPENSE

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

SECTION 7-223: SINGLE PREMISES; EXCEPTIONS TO SEPARATE SEWER MAIN CONNECTIONS

A separate and independent building sewer shall be required for every building, except as provided in this section.

The following are the only exceptions to the requirement that each premises has an independent sewer:

(1) where one building stands at the rear of another on an interior lot and no public sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer;
(2) where two lots are adjacent and no public sewer is available to one or both, and the City does not form a sewer district and extend a sewer, to a street, alley or other property adjacent to the premises within 100 feet of the premises;
(3) where the premises is multi-family as defined by this code; and
(4) where the premises is commercial with multiple occupants as defined by this code.

PROVIDED, HOWEVER, that for exceptions (1) and (2), the following limitations also apply: (a) if at any time in the future the City extends a sewer to within 100 feet of the premises, multiple connections will be disconnected and a direct con-nection made to the sewer main; (b) a separate tap is made following the exten-sion of a sewer to within 100 feet of the property as provided above; (c) docu-mentation of any necessary easements, containing language regarding each par-ties’ responsibility for repairs and reconstruction, is presented to the City prior to receiving a permit to make the multiple connection, with evidence of the same having been recorded following the issuance of the permit but prior to making the connection; and (d) clean outs are installed at the required intervals on each premises’ line prior to the joining of the lines, and thereafter at the required inter-vals.

PROVIDED, FURTHER, that for exceptions (1) and (2), in no instance may more than two residences be connected to one sewer service.

The City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection or multiple connection to its sewer main. (Amended April 19, 2004, Ord. No. 1704)

SECTION 7-224: USE OF EXISTING SEWERS

Old building sewers may be used in connection with new buildings only when they are found to meet all requirements of this article upon examination and test-ing by the utilities superintendent.

SECTION 7-225: UNLAWFUL CONNECTION

No person shall make connection of roof downspouts, interior and exterior foun-dation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indi-rectly to a public sanitary sewer unless such connection is approved by the utili-ties superintendent for purposes of disposal of polluted surface drainage; pro-vided 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.

SECTION 7-226: PROHIBITED DISCHARGES; STORM, SURFACE, GROUND,
COOLING AND PROCESS WATERS

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage including interior and exte-rior foundation drains, uncontaminated cooling water, or unpolluted industrial wa-ters to any sanitary sewer.

Storm water and all other unpolluted drainage shall be discharged to such sew-ers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the city engineer or the utilities superintendent. In-dustrial cooling water or unpolluted process waters shall be discharged, at the request of the city engineer or the utilities superintendent, to a combined sewer, storm sewer or natural outlet. The contributor of any identifiable discharge of pol-luted water to the sanitary sewer system shall be held responsible for reimburs-ing the City for such costs. The costs shall be determined by the utilities superin-tendent with the approval of the City Council.

SECTION 7-227: HAZARDOUS AND PROHIBITED DISCHARGES;
FLAMMABLE, TOXIC, CORROSIVE AND OBSTRUCTIVE
SUBSTANCES; PRELIMINARY TREATMENT

No person shall discharge or cause to be discharged any of the following de-scribed waters or wastes to any public sewer:

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 sewage treatment process, constitute a hazard to hu-mans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

C. Any waters or wastes having a pH lower than 5.5 or having any other cor-rosive 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 caus-ing obstruction to the flow in sewers or other interference with the proper opera-tion of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground gar-bage, whole blood, paunch manure, hair, fleshings, entrails and paper dishes, cups, towels, milk containers, etc., either whole or ground by garbage grinders.

E. Any waters or wastes having:

1. A 5-day BOD greater than 300 parts per million by weight, or
2. More than 350 parts per million by weight of suspended solids, or
3. An average daily flow greater than 2% of the average sewage flow of the City.
4. A chlorine requirement greater than demanded by normal sewage as evaluated by the City's consulting engineer shall be subject to the review of the utilities superintendent.

Where necessary, in the opinion of the utilities superintendent, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:

1. Reduce the biochemical oxygen demand to 300 parts per million by weight, or
2. Reduce the suspended solids to 350 parts per million by weight, or
3. Control the quantities and rates of discharge of such water or wastes, or
4. Reduce the chlorine requirement to conform with normal sewage.

Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the utilities superintendent, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

SECTION 7-228: HAZARDOUS AND PROHIBITED DISCHARGES; SPECIFIC
PROHIBITIONS AS DETERMINED BY SUPERINTENDENT

No person shall discharge or cause to be discharged to any public sewer the fol-lowing-described substances, materials, waters or wastes if it appears likely, in the opinion of the utilities superintendent, that such wastes can harm the public sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, limb, public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the utilities superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or con-struction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher 150° Fahrenheit or 65° Centigrade.

B. Any water or waste containing fats, wax, grease or oils, whether emulsi-fied or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° Fahrenheit and 150° Fahrenheit or 0° and 65° Centigrade.

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and ap-proval of the utilities superintendent.

D. Any waters or wastes containing strong acid iron pickling wastes or con-centrated plating solutions.

E. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine re-quirement to such degree that any such material received in the composite sew-age at the treatment works exceeds the limits established by the utilities superin-tendent 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 utilities superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the 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 utilities superintendent in compliance with applicable state or federal regulations.

H. Any waters or wastes having a pH in excess of 9.5.

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 dis-solved solids (such as, but not limited to, sodium chloride and so-dium 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 of the sewage treatment works.
4. Unusual volume of flow or concentration of wastes constituting slugs.

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 ef-fluent cannot meet the requirements of other agencies having jurisdiction over discharge to receiving waters.

SECTION 7-229: DISCHARGE OF HAZARDOUS AND PROHIBITED
SUBSTANCES; NATURE OF; SUPERINTENDENT'S
DISCRETION WITH RESPECT TO

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 characteris-tics enumerated in the above section and which in the judgment of the utilities superintendent may have a deleterious effect upon the sewage works, proc-esses, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the utilities superintendent may:

A. Reject the wastes,

B. Require pretreatment to an acceptable condition for discharge to the pub-lic 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 of this article.

If the utilities superintendent 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 utilities superintendent, and subject to the re-quirements of all applicable codes, ordinances and laws.

SECTION 7-230: HAZARDOUS AND PROHIBITED SUBSTANCES; SPECIAL
EXCEPTIONS PERMITTED

No statement contained in this article shall be construed as preventing a special agreement or arrangement between the City and the owner of any property whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the owner.

SECTION 7-231: GREASE, OIL AND SAND INTERCEPTORS; WHEN
REQUIRED

Grease, oil and sand interceptors shall be provided by the owner of all restaurant property and other businesses when, in the opinion of the utilities 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; except that such interceptors shall not be required for residences. All intercep-tors shall be of a type and capacity approved by the utilities superintendent and shall be located as to be readily and easily accessible for cleaning and inspec-tion. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal of the captured material by appropriate means and shall maintain records of the dates and means of disposal which are subject to review by the utilities superintendent. Any removal and hauling of the collected materials not performed by personnel of the owner(s) must be per-formed by currently licensed waste disposal firms.

SECTION 7-232: PRELIMINARY TREATMENT OR FLOW-EQUALIZING
FACILITIES; MAINTENANCE BY OWNER

Where preliminary treatment or flow-equalizing facilities are provided for any wa-ters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

SECTION 7-233: CONTROL MANHOLES

When required by the superintendent, 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. Such manhole, when required, shall be accessible 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/her expense and shall be main-tained by him/her so as to be safe and accessible at all times.

SECTION 7-234: SAMPLING OF WATERS AND WASTES; METHOD OF

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter 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 sampling station provided or upon suitable samples taken at said sampling station. One copy of the latest edition of said volume shall be kept on file in the office of the city clerk for use and examination by the public. In the event no special sampling station has been required, the sampling station shall be considered to be the nearest manhole in the public sewer downstream from the point at which the building sewer is connected. Sampling shall be carried out by approved methods 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 should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are deter-mined from periodic grab samples.)

SECTION 7-235: COMPLIANCE; INSPECTIONS, INJURY, LIABILITY

The utilities superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all prop-erties for the purposes of inspection, observation, measurement, sampling and testing systems in accordance with the provisions of this article. The city engi-neer and the utilities superintendent shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries, nor shall they have the right to enter into areas where methods and/or processes are entitled to protection as trade secrets of the property owner be-yond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

While performing the necessary work on the property referred to in this section, the utilities superintendent and other duly authorized employees of the City shall observe all applicable safety rules established by the company. The company shall be held harmless for injury or death to the city employees, and the City shall indemnify the company against loss or damage to its property by city 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 op-eration, except as such may be caused by negligence or failure to the company to maintain safe conditions as required in Section 7-233 and 7-234.

SECTION 7-236: UNAUTHORIZED ENTRY OR UNAUTHORIZED DAMAGING
OF EQUIPMENT; UNLAWFUL

Entrance into a manhole or opening for any purpose except by authorized per-sons is hereby prohibited. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurte-nance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest and may be prosecuted to the full extent of the law.

SECTION 7-237: PRIVATE SEWAGE DISPOSAL SYSTEMS

Where a public sanitary or combined sewer is not available under the provisions of Section 7-211, the building sewer shall be connected to a private sewage dis-posal system complying with the provisions of this article.

1. Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the utilities superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other in-formation as deemed necessary by the utilities superintendent.

2. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the utilities superintendent, who shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the utilities superintendent 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 utilities superintendent.

3. The type, capacities, location, and layout of a private sewage disposal system shall comply with the Nebraska Department of Environmental Quality’s Title 124 Rules and Regulations for the Design, Operation and Maintenance of Septic Tank Systems. No permit shall be issued for any private sewage disposal sys-tem employing subsurface soil absorption facilities where the area of the lost is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

4. At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer within 90 days in compliance with this article, and any septic tank, cess-pool and similar private sewage disposal facilities shall be abandoned in accor-dance with the Nebraska Department of Environmental Quality’s Title 124 Rules and Regulations for the Design, Operation and Maintenance of Septic Tank Sys-tems, at the expense of the owner.

5. Wherever the city sewage system exists or is extended, all private sewage disposal systems are hereby declared to be a nuisance; and every person, firm or corporation that owns, controls or is in possession of said premises on which said private sewage disposal system is located shall be deemed guilty of main-taining a nuisance.

6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by state or federal law.

SECTION 7-238: LICENSED PLUMBERS

Only licensed plumbers who have a current license issued by the City of Platts-mouth may connect any house drain with any sewer or lateral of the public sewer system, and then only after having notified the utilities superintendent and sub-mitting to his/her supervision in accordance with such rules and regulations as are then in effect with respect thereto.

SECTION 7-239: PENALTIES

Any person upon whom a duty is placed by the provisions of this article, who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00 for each vio-lation, together with the costs of prosecution. Each day that a violation of this article continues shall constitute a separate and distinct offense and shall be pun-ishable as such; provided, however, that any such person upon whom a duty is placed by the provisions of this article who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of said sections, may be served by the City with written notice stating the nature of such negligent duty or of such violation and providing a reasonable time limit for the satisfactory correc-tion of such negligent duty or violation. Such person shall, within such period of time, perform such duty or cease such violation; otherwise, for each day after such period of time that such person fails, neglects, or refuses to perform such duty or violates such provision, he/she shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as above provided.

In addition to, or in lieu of, other remedies provided to the City by this article to correct or abate a failure, neglect or refusal to perform a duty imposed by this ar-ticle or a violation of a provision of this article, the city engineer or the utilities su-perintendent may revoke any permit issued under the provisions of this article, and may effect the discontinuation of such services to the owner of the property. The City may also institute an injunction or other appropriate action or proceed-ing.

Any person upon whom a duty is placed by the provisions of this article, who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this article, or who is responsible for an accidental discharge as aforesaid, may be held liable to the City for any expense, loss or damage occa-sioned the City by reason thereof.

ARTICLE III – LICENSED PLUMBERS

SECTION 7-301: LICENSED PLUMBER DEFINED

The term "licensed plumber" as used in the ordinances of this city is hereby de-fined to denote any person to whom a plumber's license has been duly issued or renewed, as hereinafter provided, which has not been revoked or terminated by lapse of time.

SECTION 7-302: PROCEDURE TO OBTAIN LICENSE

Any person wishing to perform plumbing services within the City or the City’s zoning jurisdiction shall register with the City Clerk and state his/her willingness to be governed in all respects by the City’s ordinances now in effect or hereafter adopted by the City concerning its utility systems. Such registration shall be accompanied by documentation that the person is licensed as a plumber in another jurisdiction of the State of Nebraska. The fee for registration shall be $25.00 and must accompany the registration form, together with a bond with corporate surety in the penal sum of $5,000.00. The registration is conditioned upon applicant’s indemnifying and keeping harmless the City of Plattsmouth from all liability for any damage arising from any negligence or unskilled act in doing or protecting his/her work, or from any unfaithful or inadequate work done in pursuance of his/her license, and conditioned upon his/her restoring the streets, alleys, sidewalks, and pavements over the pipes he/she may lay, and filling all excavations made by him/her so as to leave said streets, alleys, sidewalks and pavements in as good condition as he/she found them, and keeping and maintaining the same in good order to the satisfaction of the City Council for a period of one year next thereafter and that he/she will pay all fines that may be imposed upon him/her for a violation of any of the ordinances, rules and regulations adopted by this city and in force during the term of his/her license. Said license and bond shall cover all employees of the applicant. (Amended April 19, 2004, Ord. No. 1705)

SECTION 7-303: RENEWAL OF LICENSES

Any registration may be renewed from year to year pursuant to 7-302 upon pay-ment of the registration fee for the year and the renewal of applicant’s bond. (Amended April 19, 2004, Ord. No. 1705)

SECTION 7-304: TERM OF LICENSE

The registration or renewal may be revoked if the license hold violates any terms of the International Plumbing Code or for cause after notice and hearing by the City Council. Such revocation may be appealed to the District Court of Cass County, Nebraska. (Amended April 19, 2004, Ord. No. 1705)

SECTION 7-305: FEES TO BE PAID TO CITY TREASURER

The city clerk shall pay over to the city treasurer all license fees collected pursu-ant to this article.

ARTICLE IV – GARBAGE AND REFUSE COLLECTION

SECTION 7-401: DEFINITIONS

"Garbage" shall mean rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that is intended for the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetable, and dead animals rejected by rendering plants.

"Hazardous waste” shall mean a solid waste, or combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may (a) cause or significantly contribute to an increase in mortal-ity or an increase in serious irreversible, or incapacitating reversible, illness, or (b) pose a substantial present or potential hazard to human or animal health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

"Junk” shall mean old scrap, copper, brass, iron, steel, rope, rags, batteries, pa-per, trash, rubber, debris, waste, dismantled or wrecked automobiles or parts thereof, and other old and scrap ferrous or nonferrous material.

"Refuse" shall mean putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and solid market and industrial wastes.

“Rubbish” shall mean nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or litter of any kind that will be a detriment to the public health and safety.

“Waste” shall mean sewage, industrial waste, and all other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute any air, land or waters.

SECTION 7-402: GARBAGE; TRASH AND WASTE

It shall be unlawful for any person to keep in, on or about any dwelling, building or premises, or any other place in the City, decayed vegetable or animal sub-stance, garbage or refuse of any kind that may be injurious to the public health or offensive to the residents of the City unless the same is kept in receptacles not exceeding a 55 gallon capacity, sacked in durable bags of such a nature that they can be easily placed in trucks or placed in a dumpster or similar container. All persons shall have their garbage removed at least once a week by the regular city solid waste system. (Ref. Neb. Rev. Stat. §19-2106)

SECTION 7-403: DEAD ANIMALS

All dead animals shall be immediately removed by the owner of such animals. If the owner of any such animal cannot be found within two hours after discovering the same, then such animal shall be removed by and at the expense of the City. Dead animals shall not be buried within the corporate limits of the City, nor within two miles thereof, nor in or above the course of groundwater that is used for drinking purposes by the City or its inhabitants

SECTION 7-404: HAZARDOUS WASTE

The City and the contractor for hauling and disposing of solid waste for the City shall not be responsible for removal of hazardous waste. Hazardous waste shall not be placed in the regular disposal system. If any resident or business in the City has hazardous waste, the hazardous waste must be disposed of by a person or organization that is authorized and equipped to dispose of the same and must be disposed of in an area where hazardous waste is authorized by federal and state laws, rules or regulations. The following items are not to be disposed of in the regular disposal system or commingled with any of the items mentioned above: oil, paint, lead acid batteries, tires, fertilizer, chemicals, animal manure, household appliances, and oil waste.

SECTION 7-405: GARBAGE, RUBBISH AND WASTE; DEPOSIT ON OTHER
PREMISES

It shall be unlawful for any person to willfully, maliciously or negligently place or throw any garbage, rubbish, waste or other matter upon the premises of another. (Ref. Neb. Rev. Stat. §19-2106, 28-523)

SECTION 7-406: HAULING PERMIT REQUIRED

Before any person engages in the business of hauling garbage in the City, such person shall first make application for a permit to do so and submit the equip-ment he/she proposes to use to inspection by the City Council. Such applicant shall also file with the city clerk a schedule of rates he/she shall charge for such services. If the City Council shall find that such equipment consists of a vehicle suited to the purpose, and of containers which are watertight and a method of covering the same, such permit shall be issued without costs by the city clerk and be in force for one year. In the event the City Council or Board of Health shall afterward determine that such person is using leaky containers or failing to keep the same clean, or hauling garbage in such a manner as to constitute a menace to health, such permit shall be revoked.

SECTION 7-407: VEHICLE SPECIFICATIONS

Before making application for a permit as hereinbefore provided, the applicant shall have his/her vehicles inspected by the City Council as provided in Section 7-407 to determine compliance with the specifications of this section. If such ve-hicles comply in all respects with the specifications set forth below, the City Council shall issue a certificate of approval for such vehicles, describing and identifying the vehicles so approved.

Any vehicle used by any licensed garbage collector in collecting and hauling re-fuse over the streets of the City shall comply with the following specifications:

1. The vehicle shall have a watertight, metal body, fully enclosed. Watertight, as used herein, shall mean so constructed that liquid materials will not spill or be discharged therefrom between point of loading and the designated disposal ground. This shall not prohibit permit holders from having an open truck for the transporting of refuse other than garbage; provided, said truck is covered by tar-paulin or other cover approved by the Board of Health;

2. The vehicle shall be so constructed as to be readily cleaned; and

3. The vehicle shall be so constructed as to enclose materials carried in it to prevent them from falling therefrom while moving through and upon the streets of the City and to the dumping ground.

All vehicles licensed hereunder shall be kept clean and presentable as possible, both inside and outside, at all times.

SECTION 7-408: PERMIT REVOCATION

The permit of any garbage collector permitted to collect, haul or convey refuse or garbage for hire within the City may be revoked by the City Council upon good cause and upon failure of such permitted garbage collector for hire to comply with the garbage and health and sanitation ordinances of the City. No revocation of permit shall be made except after public hearing before the City Council with proper notice of such hearing given, stating the reasons therefor, to the permitted garbage collector of the time and date of said hearing by certified or registered mail.

SECTION 7-409: LOCATION OF GARBAGE CONTAINERS

The garbage containers required by this article shall be kept in the rear of the premises or in passageways most accessible to the collector. If a container is not easily accessible to the collector, it shall be promptly delivered to him/her upon request. In residential districts, no garbage container shall be located for-ward of the main dwelling structure except for a 24-hour period before and after the time scheduled for regular pickup or actual pickup by the collector. Such containers shall not be used for the reception of garbage by more than one fam-ily, householder, hotel, restaurant, store, wholesale business or retail business of any kind. All garbage created upon the premises shall be deposited in the gar-bage containers required by this article.

SECTION 7-410: GARBAGE AND REFUSE COLLECTION; AUTHORITY

The City Council may provide for the collection and removal of garbage or refuse found upon any lot or land within its corporate roads or alleys abutting such lot or land which constitutes a public nuisance. The City may require the owner, duly authorized agent, or tenant of such lot or land to remove the garbage or refuse from such lot or land and streets, road or alleys. (Ref. Neb. Rev. Stat. §16-230, 16-231, 16-246, 16-901)

SECTION 7-411: GARBAGE AND REFUSE COLLECTION; NOTICE,
REMOVAL

Notice that removal of garbage or refuse is necessary shall be given to each owner’s duly authorized agent and to the tenant, if any. Such notice shall be provided by personal service or by certified mail. After providing such notice, the City through its proper offices shall, in addition to other proper remedies, remove the garbage or refuse, or cause it to be removed, from such lot or land and streets, roads or alleys. (Ref. Neb. Rev. Stat. §16-230, 16-231, 16-246, 16-901)

SECTION 7-412: GARBAGE AND REFUSE COLLECTION; NUISANCE

If the mayor declares that the accumulation of such garbage or refuse upon any lot or land constitutes an immediate nuisance and hazard to public health and safety, the City shall remove the garbage or refuse, or cause it to be removed, from such lot or land within 48 hours after notice by personal service or following receipt of a certified letter in accordance with Section 7-412 if such garbage or refuse has not been removed. (Ref. Neb. Rev. Stat. §16-230, 16-231, 16-246, 16-901)

SECTION 7-413: GARBAGE AND REFUSE COLLECTION; LIEN

Whenever the City removes any garbage or refuse, or causes it to be removed, from any lot or land pursuant to this article, it shall, after a hearing conducted by the City Council, assess the cost of the removal against such lot or land. (Ref. Neb. Rev. Stat. §16-230, 16-231, 16-246, 16-901)

ARTICLE V – NATURAL GAS RATE REGULATION

SECTION 7-501: ADOPTION OF NATURAL GAS REGULATION ACT

The provisions of Article 46, Chapter 19 of the Municipal Natural Gas Regulation Act as set forth in R.R.S. Neb. 1943, 1987 Supplement thereto and any amend-ments, except as otherwise provided for in this ordinance, are hereby adopted by this reference thereto and made a part hereof as fully as if set forth at length herein, except as otherwise hereinafter provided.

SECTION 7-502: GAS RATE COLLECTION FEE

A fee of $300.00 shall be imposed for each rate filing by the city gas supplier.

ARTICLE VI - PENAL PROVISION

SECTION 7-601: VIOLATION; PENALTY

Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter set forth at full length herein or incorporated by ref-erence shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.