Exeter Village Ordinances: Public Utilities

CHAPTER 7 – PUBLIC UTILITIES
ARTICLE 1 – UTILITIES GENERALLY
SECTION 7-101: VILLAGE POWERS; RATE SETTING
SECTION 7-102: CONSUMER'S APPLICATION, DEPOSIT
SECTION 7-103: BILLING AND COLLECTIONS; DELINQUENCY
SECTION 7-104: DISCONTINUANCE OF SERVICE; NOTICE; PROCEDURE
SECTION 7-105: LIEN
SECTION 7-106: DIVERSION OF SERVICES; METER TAMPERING, UNAUTHORIZED RECONNECTION PROHIBITED; EVIDENCE
SECTION 7-107: DIVERSION OF SERVICES; PENALTY
ARTICLE 2 – WATER DEPARTMENT
SECTION 7-201: OPERATION AND FUNDING
SECTION 7-202: DEFINITIONS
SECTION 7-203: MANDATORY HOOKUP; PRIVATE NON-VILLAGE WELLS
SECTION 7-204: SERVICE TO NONRESIDENTS
SECTION 7-205: WATER CONTRACT; NOT TRANSFERABLE
SECTION 7-206: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
SECTION 7-207: WATER METERS REQUIRED; LAWFUL USE
SECTION 7-208: INSTALLATION EXPENSE
SECTION 7-209: REPAIRS AND MAINTENANCE
SECTION 7-210: INSTALLATION OR REPAIR PROCEDURE
SECTION 7-211: WATER RATES
SECTION 7-212: BILLING AND COLLECTIONS
SECTION 7-213: RIGHT OF ENTRY FOR INSPECTION
SECTION 7-214: SINGLE PREMISES
SECTION 7-215: DESTRUCTION OF PROPERTY
SECTION 7-216: FIRE HYDRANTS
SECTION 7-217: POLLUTION
SECTION 7-218: FLUORIDE PROHIBITED
SECTION 7-219: RESTRICTED USE
SECTION 7-220: BACKFLOW PREVENTION; STATEMENT OF PURPOSE
SECTION 7-221: BACKFLOW PREVENTION; DEFINITIONS
SECTION 7-222: BACKFLOW PREVENTION; CROSS-CONNECTIONS PROHIBITED
SECTION 7-223: BACKFLOW PREVENTION; SURVEY AND INVESTIGATIONS
SECTION 7-224: BACKFLOW PREVENTION; WHERE PROTECTION IS REQUIRED
SECTION 7-225: BACKFLOW PREVENTION; TYPE OF PROTECTION REQUIRED
SECTION 7-226: BACKFLOW PREVENTION; PREVENTION DEVICES
SECTION 7-227: BACKFLOW PREVENTION; INSTALLATION
SECTION 7-228: BACKFLOW PREVENTION; TESTING
SECTION 7-229: BACKFLOW PREVENTION; AUTHORIZED AGENT; AUTHORITY
SECTION 7-230: BACKFLOW PREVENTION; APPEALS
SECTION 7-231: BACKFLOW PREVENTION; VIOLATION AND PENALTIES
SECTION 7-232: BACKFLOW PREVENTION; LIABILITY CLAIMS
SECTION 7-233: UNDERGROUND SPRINKLERS; REPAIR EXPENSE
SECTION 7-234: UNDERGROUND SPRINKLERS; APPLICATION OF FERTILIZER PROHIBITED
SECTION 7-235: CONSTRUCTION OF WATER WELLS
SECTION 7-236: WELLHEAD PROTECTION; INTENT
SECTION 7-237: WELLHEAD PROTECTION; WATER WELL DEFINED
SECTION 7-238: WELLHEAD PROTECTION; STRUCTURES OR ACTIVITIES; DISTANCES; PERMIT REQUIRED
SECTION 7-239: WELLHEAD PROTECTION; STRUCTURES OR ACTIVITIES; WAIVER; CONDITIONS
ARTICLE 3 – SEWER DEPARTMENT
SECTION 7-301: OPERATION AND FUNDING
SECTION 7-302: DEFINITIONS
SECTION 7-303: UNLAWFUL DEPOSITS AND DISCHARGES; PROHIBITED FACILITIES
SECTION 7-304: MANDATORY HOOKUP
SECTION 7-305: SERVICE TO NONRESIDENTS
SECTION 7-306: APPLICATION FOR PERMIT; SERVICE DEPOSIT
SECTION 7-307: SEWER CONTRACT; NOT TRANSFERABLE
SECTION 7-308: INSTALLATION EXPENSE
SECTION 7-309: REPAIRS AND MAINTENANCE
SECTION 7-310: PLUMBER'S LIABILITY
SECTION 7-311: INSTALLATION OR REPAIR; PROCEDURE, MATERIALS
SECTION 7-312: DIRECT CONNECTION
SECTION 7-313: CLASSIFICATION
SECTION 7-314: SEWER RATES
SECTION 7-315: BILLING AND COLLECTIONS
SECTION 7-316: INSPECTIONS
SECTION 7-317: MANHOLES
SECTION 7-318: DESTRUCTION OF PROPERTY
SECTION 7-319: PRIVATE SEWAGE DISPOSAL; PERMIT
SECTION 7-320: DISCHARGE OF STORM WATER AND OTHER UNPOLLUTED WATERS
SECTION 7-321: HAZARDOUS DISCHARGES
ARTICLE 4 – SOLID WASTE
SECTION 7-401: DEFINITIONS
SECTION 7-402: GARBAGE, TRASH AND WASTE
SECTION 7-403: YARD WASTE
SECTION 7-404: BUILDING MATERIALS AND DEBRIS; FURNITURE AND APPLIANCES
SECTION 7-405: DEAD ANIMALS
SECTION 7-406: HAZARDOUS WASTE OR WASTE REQUIRING SPECIAL HANDLING
SECTION 7-407: ADDITIONAL REGULATIONS
ARTICLE 5 – PENAL PROVISION
SECTION 7-501: VIOLATION; PENALTY
CHAPTER 7 – PUBLIC UTILITIES
Article 1 – Utilities Generally
SECTION 7-101: VILLAGE POWERS; RATE SETTING
The village currently owns and operates a water supply and distribution system and a sanitary sewer disposal and treatment system. The village has the right and power to tax assets and collect from its residents such tax, rent or rates for the use and benefit of the water used or supplied to them by the water system. The Village Board is authorized to establish by ordinance such rates for water and sewer service as may be deemed fair and reasonable. All such rates, taxes or rent shall be a lien upon the premises or real estate for which the same is used or supplied and such taxes, rents or rates shall be paid and collected and such lien enforced in such manner as the board shall by ordinance direct and provide. All such rates, taxes or rent shall be on file in the office of the village clerk for public inspection. (Neb. Rev. Stat. §17-538)
SECTION 7-102: CONSUMER'S APPLICATION, DEPOSIT
A. Every person desiring to receive water and/or sewer service must make an application for such service to the village clerk. The village shall not supply water or sewer service to any person outside the corporate limits without special permission from the Village Board.
B. Any person desiring to receive water and/or sewer service furnished by the village shall pay a deposit as set by the Village Board and placed on file in the office of the village clerk. The payment of such deposit shall be made for any new service provided to such person or to any change in location of service provided.
C. The deposit for utility service shall be refunded upon the termination of such utility service only after payment of all amounts due to the village for such service. The deposit may be applied in part or in total to the payment of any amount that is due to the village for the nonpayment of utility service including any fees related to utility service due and owing to the village.
(Neb. Rev. Stat. §§17-537, 19-2701) (Am. by Ord. No. 552, 5/7/08)
SECTION 7-103: BILLING AND COLLECTIONS; DELINQUENCY
A. Water bills shall be due and payable monthly. It shall be the duty of the customers of the Water Department to pay their bills in a manner authorized by the Village Board. The utilities superintendent shall direct the village clerk or a designee to charge and collect from each customer the applicable rate, together with any other charges, properly itemized, due the Water Department. Bills shall be due when mailed and shall be payable within 10 days of billing. Bills not paid by the 20th day of billing shall be deemed to be delinquent. Upon being deemed to be delinquent, as herein defined, the village clerk shall give a written notice to the customer of such delinquency and shall
demand payment immediately. In the event that the bill is not paid within seven days after the sending of said notice, it shall be discretionary with the Village Board to cut off service in compliance with Section 7-104. (Am. by Ord. No. 540, 10/4/05)
B. Sewer rental bills shall be due and payable at the same time and in the same manner as water bills. All penalties and procedures concerning delinquent accounts with the Water Department shall also be applicable to delinquent accounts with the Sewer Department.
SECTION 7-104: DISCONTINUANCE OF SERVICE; NOTICE; PROCEDURE
A. No village utility shall discontinue service to any domestic subscriber for non-payment of any due account unless such utility shall first give written notice by mail to any subscriber whose service is proposed to be terminated at least seven days prior to termination, weekends and holidays excluded. As to any subscriber who has previously been identified to the utility as a recipient of assistance from the Department of Social Services, such notice shall be by certified mail to the subscriber and to Social Services.
B. Prior to the discontinuance of service to any domestic subscriber by a village utility, the domestic subscriber upon request shall be provided a conference with the Board of Trustees. The board has established procedures to resolve utility bills when a conference is requested by a domestic subscriber. Such procedures, three copies of which are on file in the office of the village clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part hereof as though set out in full. A copy of such procedures shall be furnished upon the request of any domestic subscriber. The Board of Trustees shall notify the domestic subscriber of the time, place, and date scheduled for such conference.
C. This section shall not apply to any disconnections or interruptions of services made necessary by the village for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. Rev. Stat. §§70-1603, 70-1604)
SECTION 7-105: LIEN
In addition to all other remedies, if a customer shall for any reason remain indebted to the village for utilities service furnished, such amount due, together with any rents and charges in arrears shall be considered a delinquent utility rent which is hereby declared to be a lien upon the real estate for which the same was furnished. The village clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of the utilities rent. It shall be the duty of the utilities superintendent on June 1 of each year to report to the Village Board a list of all unpaid accounts due for utilities service, together with a description of the premises served. The report shall be examined and if approved by the board, shall be certified by the village clerk to the county clerk to be collected as a special tax in the manner provided by law. (Neb. Rev. Stat. §§17-538, 17-925.01, 18-503) (Am. by Ord. No. 550, 5/7/08)
SECTION 7-106: DIVERSION OF SERVICES; METER TAMPERING, UNAUTHORIZED RECONNECTION PROHIBITED; EVIDENCE
A. Any person who connects any instrument, device, or contrivance with any pipe
supplying water without the knowledge and consent of the village in such manner that any portion thereof may be supplied to any instrument by or at which the 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.
B. Any person who willfully injures, alters, or by any instrument, device, or contrivance in any manner interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or water passing through it without the knowledge and consent of the village shall be deemed guilty of an offense.
C. When water service has been disconnected pursuant to Neb. Rev. Stat. §§70-1601 to 70-1615 or Section 7-104 of this code, any person who reconnects such service without the knowledge and consent of the village shall be deemed guilty of an offense.
D. Proof of the existence of any pipe 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.
(Neb. Rev. Stat. §§25-21,275 through 25-21,278, 28-515.02) (Ord. No. 441, 3/12/96)
SECTION 7-107: DIVERSION OF SERVICES; PENALTY
A. The village may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts bypassing , tampering or unauthorized metering when such act results in damages to a village utility. The village may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering or unauthorized metering.
B. In any civil action brought pursuant to this section, the village shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to re-cover as damages:
1. The amount of actual damage or loss if such amount may be reasonably calculated; or
2. Liquidation damages of $750.00 if the amount of actual damage or loss cannot be reasonably calculated.
C. In addition to damage or loss under subdivision (B)(1) or (2), the village may recover all reasonable expenses and costs incurred on account of the bypassing, tampering or unauthorized metering including but not limited to disconnection, reconnection, service calls, equipment, costs of the suit and reasonable attorney's fees in cases within the scope of Neb. Rev. Stat. §25-1801.
D. There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering or unauthorized metering if the tenant or occupant (1) had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and (2) was responsible or partially responsible for payment, either directly or indirectly, to the
utility or to any other person for utility services to the premises.
E. There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering or unauthorized metering if the customer con-trolled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering was proven to exist.
F. The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws, and the remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common law remedies.
(Neb. Rev. Stat. §§25-21,276, 25-21,277) (Ord. No. 309, 9/6/83)
Article 2 – Water Department
SECTION 7-201: OPERATION AND FUNDING
A. The village owns and operates the Water Department through the utilities superintendent. The Village Board, 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 valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the water fund and shall remain in the cus-tody of the village treasurer.
B. The utilities superintendent shall have the direct management and control of the Water Department and shall faithfully carry out the duties of his office. The superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the department, subject to the supervision and review of the Village Board. The said board shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the village clerk for public in-spection during office hours.
(Neb. Rev. Stat. §§17-531, 17-534, 19-1305)
SECTION 7-202: DEFINITIONS
The following definitions shall be applied throughout this section. Where no definition is specified, the normal dictionary usage of the word shall apply.
”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 village.
“Separate premises" is hereby defined to be more than one consumer procuring water from the same service or supply pipe. The second premises may be a separate dwelling, apartment, building, or structure used for a separate business.
”Service pipe" 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 dispersed.
”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.
SECTION 7-203: MANDATORY HOOKUP; PRIVATE NON-VILLAGE WELLS
A. All persons whose property is within 300 feet of a main shall be required, upon notice by the Village Board, to hook up with the village water system. The village may furnish water service to persons within its corporate limits whose premises are not with-in 300 feet of a street or alley in which a village commercial main is now or may hereafter be laid with permission from the Village Board, provided the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the village to provide sewer service to persons whose property line is not within 300 feet of the said public sewer.
B. Each building hereafter erected shall be connected with the water system at the time of its erection. In the event any owner, occupant or lessee shall neglect, fail or refuse within a period of ten days after the notice has been given to do so by regular mail or by publication in a newspaper in or of general circulation in the village to make such connection, the Village Board shall have the power to cause the same to be done, to assess the cost thereof against the property and to collect the water bills in the manner provided for collection of other special taxes or assessments or to collect in the manner provided for the collection of water bills as provided herein.
(Neb. Rev. Stat. §17-537)
SECTION 7-204: SERVICE TO NONRESIDENTS
The Water Department shall not supply water service to any person outside the corporate limits without special permission from the Village Board; provided, the entire cost of laying mains, service pipe, and supply pipe shall be paid by the consumer. Nothing herein shall be construed to obligate the village to provide water service to nonresidents. (Neb. Rev. Stat. §§17-537, 19-2701)
SECTION 7-205: WATER CONTRACT; NOT TRANSFERABLE
A. The rules, regulations, and water rates set forth in this chapter shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served.
B. The making of application on the part of any applicant for the use or consumption of water service by present customers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the village, to which said contract both parties are bound. If the customer shall violate any of the pro-visions of said contract or any reasonable rules and regulations that the Village Board may hereafter adopt, the utilities superintendent or his agent may cut off or disconnect the water service from the building or premises of such violation. No further connection for water service to said building or premises shall again be made save or except by order of said superintendent or his agent.
C. 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 sell, dispose of, or move from the premises where service is
furnished or if the said premises are destroyed by fire or other casualty, he or she shall at once inform the village clerk, who shall cause the water service to be shut off at the said premises. If the consumer should fail to give such notice, he or she shall be charged for water monthly until the utilities superintendent is otherwise advised of such circumstances.
(Neb. Rev. Stat. §17-537)
SECTION 7-206: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
Any pipe, solders or flux used in the installation or repair of any residential or nonresidential building which is connected to the public water supply system shall be lead free. For purposes of this section, “lead free” shall mean (A) solders and flux, not more than .2% lead, and (B) pipe and pipe fittings, not more than 8% lead. (Neb. Rev. Stat. §71-5301) (Ord. No. 346, 5/3/88)
SECTION 7-207: WATER METERS REQUIRED; LAWFUL USE
All municipal water use shall be metered as provided in this article. Municipal water shall not be utilized to irrigate crops or other agricultural products; provided, watering of gardens and lawns with municipal water shall be allowed.
SECTION 7-208: INSTALLATION EXPENSE
The consumer shall pay the expense of providing water service from the water main to the point of distribution. The village shall provide the curb stop, corporate stop and saddle. The consumer shall bear the cost of labor to install the curb stop, corporate stop, and saddle, tap the main and all other costs. (Neb. Rev. Stat. §17-542) (Am. by Ord. Nos. 474, 3/3/99; 509, 5/1/01)
SECTION 7-209: REPAIRS AND MAINTENANCE
A. Repairs to the service pipe shall be made by and at the expense of the customer. All other repairs to the property of the Water Department, including the meter, where installed for excessive users, shall be made by the village.
B. All water meters shall be kept in repair by the village at its expense. When meters are worn out, they shall be replaced and reset by the village at its expense; provided, if the customer permits or allows a water meter to be damaged, injured, or destroyed through his or her own recklessness, carelessness, or neglect so that the meter must be repaired or replaced, the superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer.
C. All meters shall be tested at the customer's request at his or her expense any reasonable number of times; provided, if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the village. The village re-serves the right to test any water service meter at any time and if said meter is found to be beyond repair, the village shall always have the right to place a new meter on the customer's water service fixtures at village expense. Should a consumer's meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the
preceding year; provided, if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the utilities superintendent.
(Neb. Rev. Stat. §17-537)
SECTION 7-210: INSTALLATION OR REPAIR PROCEDURE
A. All installation or repair of any part of the water system shall be done under the supervision of the utilities superintendent and strictly in accordance with the rules, regulations, and specifications on file with the village clerk and prescribed for such installation or repair by the village engineer, provided that the said rules, regulations, and specifications have been reviewed and approved by the Village Board. Where the mate-rial proposed to be used for water system installation or repairs is not among those on file in the clerk's office, a determination shall be made and expense paid using the same procedures as prescribed for determinations of materials for water mains, supply lines and service lines.
B. In making excavations in streets, alleys, or sidewalks for the purpose of in-stalling pipe or making repairs, the paving and earth must be removed and deposited in a manner that will be least inconvenient to the public and provide for adequate drain-age. 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.
C. After service pipes are laid, the streets, alleys, and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of 24 hours or more, the utilities superintendent shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the consumer.
D. All installations or repairs of pipes require an inspection by the utilities superintendent. The inspection shall be made when connections or repairs are complete and before the pipes are covered. It is the customer's responsibility to notify the superintendent at the time the work is ready for inspection.
(Neb. Rev. Stat. §§17-537, 71-5301)
SECTION 7-211: WATER RATES
A. The Village Board has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department. All such rates shall be on file for public inspection at the office of the village clerk. All water consumers shall be liable for the minimum rate provided by ordinance unless and until a consumer shall, by written order, direct the utilities superintendent to shut off the water at the stop box, in which case he or she shall not be liable thereafter for water rental until the water is turned on again. (Neb. Rev. Stat. §§17-540, 17-542)
B. The water rates for water service to village customers are set and established by the Village Board by ordinance, which shall be on file with the village clerk and avail-able for public inspection during normal business hours.
SECTION 7-212: BILLING AND COLLECTIONS
The village clerk shall bill the consumers and collect all money received by the village on the account of the Water Department. The clerk shall faithfully account for and pay to
the village treasurer all revenue collected. Billing, collection and termination procedures are set forth in Sections 7-103 and 7-104. (Neb. Rev. Stat. §17-540)
SECTION 7-213: RIGHT OF ENTRY FOR INSPECTION
The utilities superintendent or his duly authorized agent shall have free access at any reasonable time to all parts of each premises and building to or in which water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water. (Neb. Rev. Stat. §17-537)
SECTION 7-214: SINGLE PREMISES
No consumer shall supply water to other families or allow them to take water from his or her premises nor after water is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premises for alteration, extension, or attachment without the written permission of the utilities superintendent. (Neb. Rev. Stat. §17-537)
SECTION 7-215: 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 utilities superintendent.
SECTION 7-216: FIRE HYDRANTS
All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants and it shall be unlawful for any person other than members of the Fire Department under the orders of the fire chief or the assistant chief or employees of the Water Department to open or attempt to open any of the hydrants and draw water from the same or in any manner to interfere with the hydrants.
SECTION 7-217: POLLUTION
It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Water Department. (Neb. Rev. Stat. §17-536)
SECTION 7-218: FLUORIDE PROHIBITED
No fluoride or fluoride compound shall be added to the water supply of the village. (Ord. No. 255, 12/2/74)
SECTION 7-219: RESTRICTED USE
The Village Board 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, drought or other good and sufficient cause. The village shall not be liable for any dam-ages 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 village has no control. (Neb. Rev. Stat. §17-537) (Ord. No. 7/3/90) (Am. by Ord. No. 511, 6/5/01)
SECTION 7-220: BACKFLOW PREVENTION; STATEMENT OF PURPOSE
A. The purpose of these backflow regulations is:
1. To protect the public potable water supply of the village from contamination or pollution by containing within the consumer's internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.
2. 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.
3. 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.
B. This policy shall apply to all premises served by the public potable water system of the village. It is the village's intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. The Water Department shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to back-flow, contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross-connections. The consumer is responsible for preventing contamination of the water system within his or her own premises.
(Ord. No. 379, 12/1/92)
SECTION 7-221: BACKFLOW PREVENTION; DEFINITIONS
For the purposes of this ordinance, the following terms shall be defined as follows:
“Air gap separation” means 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.
“Approved tester” means a person qualified to make inspections and to test and repair backflow prevention/cross-connection control devices and who is approved by the village.
“Authorized representative” means any person designated by the village to administer this cross-connection control ordinance.
“Auxiliary water supply” means any water source system, other than the public water supply, that may be available in the building or premises.
"Backflow" means the flow other than the intended direction of flow or any foreign liquids, gases, or substances into the distribution system of a public water system.
“Backflow prevention device” means any device, method, or type of construction intend-ed to prevent backflow into a potable water system, provided backflow preventers have been tested and approved by a reputable testing laboratory.
"Backsiphonage" means the flowing back of water or other foreign liquids, gases, or substances into the water distribution system due to negative pressure in the piping of the water distribution system.
“Consumer” means the owner or person in control of any premises supplied by or in any manner connected to a public water 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 facility, or as an installation within equipment handling potentially hazardous materials.
“Contamination” means an impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create 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 that makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
“Hazard, degree of” means an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
A. Health hazard – 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. Plumbing hazard – a plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air gap separation or backflow prevention device.
C. Pollution hazard – an actual or potential threat to the physical properties of the water system or to the consumer's potable water system which would constitute a nuisance or be aesthetically objectionable or could cause dam-age to the system or its appurtenances but would not be dangerous to health.
D. System hazard – an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
“Isolation” means protection of a facility service line by installing a cross-connection control device or air gap separation on an individual fixture, appurtenance, or system.
“Pollution” means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair 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 system sup-plying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Nebraska Department of Health.
“Service connection” means the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
“Water Department” means the Water Department of the village.
(Ord. No. 379, 12/1/92)
SECTION 7-222: BACKFLOW PREVENTION; CROSS-CONNECTIONS PROHIBITED
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 controlled to the satisfaction of the village or its authorized representative. No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system. 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 Water Department as necessary for the protection of health and safety. (Ord. No. 379, 12/1/92)
SECTION 7-223: BACKFLOW PREVENTION; SURVEY AND INVESTIGATIONS
The consumer's premises shall be open at all reasonable times to the village or its authorized representative for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections in the consumer's water system. On request by the village or its authorized representative, the consumer shall furnish requested information on water use practices within his or her premises and in the consumer's water system. (Ord. No. 379, 12/1/92)
SECTION 7-224: BACKFLOW PREVENTION; WHERE PROTECTION IS REQUIRED
A. An approved backflow prevention device shall be installed between the service connection and the point of potential backflow into a consumer's water supply system when in the judgment of the village or its authorized representative a health, plumbing, pollution or system hazard exists.
B. An approved air gap separation or reduced pressure principle backflow prevention device shall be installed 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 premises 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 situations:
1. Premises having internal cross-connections that are not correctable or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
2. 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.
3. Premises having a repeated history of cross-connections being established or re-established.
4. Premises which, due to the nature of the enterprise therein, are subject to recurring modification or expansion.
5. 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.
6. Premises where toxic or hazardous materials are handled such that if a backsiphonage or backpressure should occur, a serious health hazard may result.
C. The following types of facilities fall into one or more of the categories or premises where an approved air gap separation or reduced pressure principle backflow prevention device may be required by the village or its authorized representative or the Nebraska Department of Health to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the village or its authorized representative and the Department of Health:
1. Agricultural chemical facilities
2. Auxiliary water systems, wells
3. Premises having water recirculating system as used for boilers or cooling systems
4. Bulk water loading facilities
5. Car washes, automobile servicing facilities
6. Chill water systems
7. Feedlots
8. Fire protection systems
9. Hazardous waste storage and disposal sites
10. Irrigation and lawn sprinkler systems
11. Laundries and dry cleaning
12. Petroleum processing or storage plants
13. Beauty salons
14. Schools
15. Sewage pumping stations
16. Nursing home
17. Dental office
18. Mortuary
19. Hospital
20. Doctor's office
21. Livestock watering
22. Other commercial or industrial facilities having conditions which may constitute potential cross-connection.
(Ord. No. 379, 12/1/92)
SECTION 7-225: BACKFLOW PREVENTION; TYPE OF PROTECTION REQUIRED
The type of protection required by these regulations shall depend on the degree of hazard which exists, as follows:
A. An approved air gap separation shall be installed where the potable water system may be contaminated with substances that could cause a severe health hazard.
B. An approved air gap separation or an approved reduced pressure principle 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, an approved reduced pressure principle backflow prevention device, or an approved double check valve assembly shall be in-stalled where the public potable water system may be polluted with substances what could cause a pollutional hazard not dangerous to health.
(Ord. No. 379, 12/1/92)
SECTION 7-226: BACKFLOW PREVENTION; PREVENTION DEVICES
A. Any backflow prevention device required by these regulations shall be of a model or construction approved by the village or its authorized representative and the Nebraska Department of Health.
B. 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 1 inch.
C. Double check valve assemblies or reduced pressure principle backflow prevention 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 these backflow regulations were passed and complies with required inspection and maintenance.
(Ord. No. 379, 12/1/92)
SECTION 7-227: BACKFLOW PREVENTION; INSTALLATION
Backflow prevention devices required by these regulations shall be installed at a location and in a manner approved by the village or its authorized agent. All devices shall be installed at the expense of the customer unless the village or its authorized representative agrees otherwise. Backflow prevention devices installed at the service connection shall be located on the consumer's side of the water meter (if one is installed) or the corporation stop, as close to the meter or corporation stop as is reasonably practical and prior to any other connection. Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be in-stalled according to manufacturer's recommendations. (Ord. No. 379, 12/1/92)
SECTION 7-228: BACKFLOW PREVENTION; TESTING
Backflow and backsiphonage prevention devices designed to be tested shall be tested for proper operation annually or when necessary in the opinion of the village or its authorized representative. Actual testing shall be at the expense of the consumer unless the village or its authorized representative agrees otherwise. Any required maintenance or repairs shall be at the expense of the consumer and subject to the approval of the village. If testing shall require entry into the premises, the village's authorized representative shall give notice setting forth a proposed date and time to the consumer at least ten working days in advance by first class mail, return receipt requested. If the consumer cannot make the premises available for inspection on that date and time, the consumer shall contact the village's authorized representative to arrange another date and time. (Ord. No. 379, 12/1/92)
SECTION 7-229: BACKFLOW PREVENTION; AUTHORIZED AGENT; AUTHORITY
The authorized representative shall have the authority to issue any order consistent with the provisions of these regulations in order to protect the public health and safety. Any order of the authorized representative shall be in writing and shall clearly state the nature of the order, compliance requirements, and set a reasonable date by which compliance must be met. All orders will be mailed to the consumer by first class mail, return receipt requested. (Ord. No. 379, 12/1/92)
SECTION 7-230: BACKFLOW PREVENTION; APPEALS
In the event that it is claimed that the true intent and meaning of these backflow regula-tions has been wrongfully interpreted by the authorized representative; that the time allowed for compliance with any order of the authorized representative is too short: or that conditions peculiar to a particular premises make it unreasonably difficult to meet the literal requirements prescribed herein, the owner may file a written notice of appeal with the village clerk within 10 days after the decision or order of the authorized representative has been made. The Village Board shall hear all appeals and shall have the power and authority, when appealed to, to modify the decision or order of the authorized representative. Such a decision shall be final subject only to any remedy which the aggrieved party may have at law or equity. Appeals shall be in writing and shall state the reason for the appeal. (Ord. No. 379, 12/1/92)
SECTION 7-231: BACKFLOW PREVENTION; VIOLATION AND PENALTIES
A. The village or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein (A) any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the village or its authorized agent; (B) it is found that the backflow prevention device has been removed or bypassed; or (C) an unprotected cross-connection exists.
B. Water service to such premises shall not be restored until the consumer is in compliance with these backflow regulations to the satisfaction of the village or its authorized representative. Water service to such premises shall not be restored until the consumer is in compliance with the cross-connection regulations to the satisfaction of the village or its authorized representative.
(Ord. No. 379, 12/1/92)
SECTION 7-232: BACKFLOW PREVENTION; LIABILITY CLAIMS
The authorized representative shall be relieved from personal liability. The village shall hold harmless the authorized representative, when acting in good faith and without malice, from all personal liability for any damage that may occur to any person or property as a result of any act required or authorized by these regulations or by reason of any act or omission of the authorized representative in the discharge of his duties hereunder. Any suit brought carrying out the provisions of these regulations shall be defended by the village or its insurance carrier, if any, through final determination of such proceeding. (Ord. No. 379, 12/1/92)
SECTION 7-233: UNDERGROUND SPRINKLERS; REPAIR EXPENSE
The village shall pay up to $100 of the expense of repairing underground sprinklers damaged during repair of the water main. The consumer shall bear all other costs thereon. (Ord. No. 529, 6/3/03)
SECTION 7-234: UNDERGROUND SPRINKLERS; APPLICATION OF FERTILIZER PROHIBITED
It shall be unlawful to apply or spray any fertilizer, insecticide, fungicide or any chemical additive on property within the village by injecting or otherwise placing such material in an underground water sprinkler system to be applied through such system. (Ord. No. 512, 1/5/01)
SECTION 7-235: CONSTRUCTION OF WATER WELLS
Construction of a water well of any kind, whether a sand point or a well drilled by cable or by rotation shall be prohibited within the corporate limits or within one mile of said corporate limits, unless approved by the Village Board. The well constructor must obtain written permission of the Village Board before constructing the well. The water well must be located and constructed according to Title 178, Nebraska Department of Health Housing and Environmental Health Services Regulations, Chapter 9 “Rules and Regula-tions Governing a Private Water Well.” (Ord. No. 345, 2/23/87)
SECTION 7-236: WELLHEAD PROTECTION; INTENT
The intent of Sections 7-237 through 7-239 is to prevent or minimize any hazard to the safety of the village's drinking water by establishing control over the location of future potential sources of contamination within the village and its extraterritorial jurisdiction. (Ord. No. 471, 7/7/98) (Am. by Ord. No. 518, 10/2/01)
SECTION 7-237: WELLHEAD PROTECTION; WATER WELL DEFINED
For purposes Sections 7-237 through 7-239, "water well" shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground or extracting water from or injecting water into the underground water. “Water well” shall not include any excavation made for obtaining or prospecting for oil, natural gas, minerals or products mined or quarried or inserting media to re-pressure oil or natural gas-bearing formations. (Ord. No. 518, 10/2/01)
SECTION 7-238: WELLHEAD PROTECTION; STRUCTURES OR ACTIVITIES; DISTANCES; PERMIT REQUIRED
It shall be unlawful to place, maintain, construct or replace any of the following struc-tures or conduct any of the following activities within the distance specified below from an existing municipal water well:

Water well                                                                   1,000 feet
Sewage lagoon                                                            1,000 feet
Land application of municipal/industrial waste          1,000 feet
material
Feedlot or feedlot runoff                                             1,000 feet
Underground disposal system (septic system, etc.)       500 feet
Corral                                                                             500 feet
Pit toilet, vault toilet                                                      500 feet
Wastewater holding tank                                               500 feet
Sanitary landfill/dump                                                   500 feet
Chemical or petroleum product storage                         500 feet
Sewage treatment plant                                                  500 feet
Sewage wet well                                                            500 feet
Sanitary sewer connection                                             100 feet
Sanitary sewer manhole                                                 100 feet
Sanitary sewer line                                                           50 feet

B. The placing, maintaining, constructing or replacing of any structure or activity as set forth above, hereinafter termed a “Section 7-238 Structure or Activity,” within the corporate limits or within one mile of the corporate limits of the village shall not be start-ed unless a permit has been obtained from the Village Board.
(Ord. No. 518, 10/2/01)
SECTION 7-239: WELLHEAD PROTECTION; STRUCTURES OR ACTIVITIES; WAIVER; CONDITIONS
The Village Board may consider allowing a Section 7-238 Structure or Activity closer to a municipal water well than the limitations set forth in said Section 7-238 but closer placement shall be allowed only under the following conditions:
A. An application must first be filed with the village clerk. Preference for approval will be given to Section 7-238 Structures or Activities that do not disturb any water-bearing strata.
B. The Village Board shall refer the application to its engineer for evaluation and report. The estimated cost of the engineer's fees must be paid at the time of filing the application. Any additional costs which are reasonably incurred by the engineer in making the examination and report shall be paid by the applicant, in addition to any previously paid estimated costs.
C. The Village Board shall consider the engineer's report and any additional in-formation submitted by the applicant. In reaching its decision on whether to allow the placement of a Section 7-238 Structure or Activity, as above defined, the board must act to prevent all sources of possible or likely water contamination.
D. If the Village Board approves the installation, it shall submit the application, together with the engineer's report, to the Nebraska Department of Health for final approval or denial.
E. No installation shall be made without the approval of both the Village Board and the Nebraska Department of Health.
(Ord. No. 518, 10/2/01)
Article 3 – Sewer Department
SECTION 7-301: OPERATION AND FUNDING
A. The village owns and operates the sewer system through the utilities superintendent. The Village Board, for the purpose of defraying the cost of the management and maintenance of the sewer system, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the sewer maintenance fund.
B. The utilities superintendent shall have the direct management and control of the Sewer Department and shall faithfully carry out the duties of his office. He shall have the authority to adopt rules and regulations for the sanitary and efficient management of the department subject to the supervision and review of the Village Board. The said board shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the village clerk for public inspection during office hours.
(Neb. Rev. Stat. §17-925.01)
SECTION 7-302: DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows:
"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 the building and conveys it to the building sewer beginning 5 feet outside the inner face of the building wall.
"Building sewer" shall mean and include that part of a house or building drainage system extending from the house or building drain to its connection with the main sewer.
"Combined sewer" shall mean a sewer receiving both surface runoff and sewage.
"Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"Person" shall mean any individual, firm, company, association, society, corporation, or group.
"Public sewer" shall mean a sewer that is controlled by public authority.
"Sanitary sewer" shall mean a sewer that carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
"Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
"Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.
"Sewer" shall mean a pipe or conduit for carrying sewage.
"Sewer commissioner" shall mean the superintendent of the city sewage system or his or her authorized deputy, agent or representative.
"Sewer system" shall mean and include all facilities for collecting, pumping, treating, and disposing of sewage.
"Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.
SECTION 7-303: UNLAWFUL DEPOSITS AND DISCHARGES; PROHIBITED FACILITIES
A. It shall be unlawful for any person to place, deposit or permit to be deposited any human or animal excrement, garbage, or other objectionable waste in any unsanitary manner on public or private property within the village, within two miles of the corporate limits thereof or in any area under the jurisdiction of said village.
B. It shall be unlawful to discharge to any natural outlet within the village, within two miles of the corporate limits thereof or in any area under its jurisdiction any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
C. It shall be unlawful to construct or maintain any privy, privy vault, cesspool, or other similar facility intended or used for the disposal of sewage.
SECTION 7-304: MANDATORY HOOKUP
A. The village through the Sewer Department shall furnish sewer services to per-sons within its corporate limits whose premises abut a street or alley in which a commercial main is now or may hereafter be laid.
B. The village may furnish sewer service to persons within its corporate limits whose premises do not abut a street or alley in which a commercial main is located with permission from the Village Board, provided the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the village to provide sewer service to persons whose property does not abut the said public sewer.
C. Each building hereafter erected shall be connected with the sewer system at the time of its erection. In the event that any property owner, occupant, or lessee shall
neglect, fail, or refuse to make such a connection with the public sewer within a period of 10 days after notice has been given to him or her to do so by registered mail or by publication in a newspaper in or of general circulation in the village, the Village Board shall have the power to cause the same to be done, to assess the cost thereof against the property, and to collect the assessment thus made in the manner provided for collection of other special taxes and assessments or to collect in the manner provided for the collection of sewer bills as provided herein.
SECTION 7-305: SERVICE TO NONRESIDENTS
The Sewer Department shall not supply sewer service to any person outside the corporate limits without special permission from the Village Board; provided, the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the village to provide sewer service to nonresidents. (Neb. Rev. Stat. §19-2701)
SECTION 7-306: APPLICATION FOR PERMIT; SERVICE DEPOSIT
Any person wishing to connect with the sewer system shall make an application to the utilities superintendent, who shall issue a written permit. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the village clerk. Sewer service may not be supplied to any house or building except upon the order of the utilities superintendent. (Neb. Rev. Stat. §19-2701)
SECTION 7-307: SEWER CONTRACT; NOT TRANSFERABLE
A. The rules, regulations, and sewer rental rates hereinafter named in this section shall be considered a part of every application hereafter made for sewer service and shall be considered a part of the contract between every customer now or hereafter served.
B. The making of the application on the part of any applicant or the use of sewer service by present customers thereof shall constitute a contract between the customer and the village to which said contract both parties are bound. If the customer shall violate any of the provisions of said contract or any reasonable rules and regulation that the Village Board may hereafter adopt, the utilities superintendent or his agent may cut off or disconnect the water service from the building or premises of such violation. No further connection for water service to said building or premises shall again be made save or except by order of the superintendent or his agent.
C. 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 sell, dispose of, or move from the premises where service is furnished or if the said premises are destroyed by fire or other casualty, he or she shall at once inform the utilities superintendent, who shall cause the water service to be shut off at the said premises. If the customer should fail to give notice, he or she shall be charged for sewer service monthly until the official in charge of sewers is otherwise ad-vised of such circumstances.
(Neb. Rev. Stat. §18-503)
SECTION 7-308: INSTALLATION EXPENSE
The customer, upon approval of his or her application, may install sewer service to his or her residence. The utilities superintendent, in his discretion, may direct the customer to hire a plumber to tap the main. The customer shall then be required to pay the expense of procuring the materials required and plumbing services shall pay all other costs of installation. (Neb. Rev. Stat. §18-503)
SECTION 7-309: REPAIRS AND MAINTENANCE
A. The village shall repair or replace all pipe constituting major sewer mains. It shall be the responsibility of the customer to repair or replace all other sewer pipe and appurtenances from the main to and including the customer's property. All replacements and repairs made by the customer shall be done in the manner and with the materials approved by the utilities superintendent, provided the same have been previously approved by the Village Board.
B. The village clerk shall give the property owner notice by registered letter or certified mail, directed to the last known address of such owner or the agent of such owner, directing the repair or replacement of any connection line. If within 30 days of mailing such notice the property owner fails or neglects to cause such repairs or re-placements to be made, the utilities superintendent shall complete the work and charge the cost of such repairs or replacement to the customer.
(Neb. Rev. Stat. §18-1748)
SECTION 7-310: PLUMBER'S LIABILITY
The plumber who connects with the public sewer system shall be held responsible for any damage to the sewers or the public ways and property. Said plumber shall restore all excavated streets to the complete satisfaction of the utilities superintendent and make good any settlement of the ground or pavement caused by such excavation.
SECTION 7-311: INSTALLATION OR REPAIR; PROCEDURE, MATERIALS
A. 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 permission from the utilities superintendent.
B. All installation repair of any part of the sewerage system shall be done under the supervision of the utilities superintendent and strictly in accordance with the rules, regulations, and specifications on file with the village clerk and prescribed for such installation by the village engineer, provided that the said rules, regulations, and specifications have been reviewed and approved by the Village Board. Where the material pro-posed to be used for sewerage system installation or repairs is not among those on file in the clerk's office, a determination shall be made and expense paid using the same procedures as prescribed for determinations of materials for water mains, supply lines and service lines.
C. In making excavations in streets, alleys, or sidewalks for the purpose of in-stalling pipe or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. 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.
D. After the house sewer is laid, the public ways and property shall be restored to good condition. If the excavation in the public ways and property is left open or unfinished for a period of 24 hours or more, the utilities superintendent shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the owner, occupant, or lessee of the property.
E. All installations or repairs of pipes require two inspections by the utilities superintendent: (1) when connections or repairs are complete and before the pipes are covered, and (2) after the dirt work is completed and the service restored. It is the customer's responsibility to notify the superintendent at the time the work is ready for each inspection.
(Neb. Rev. Stat. §18-503)
SECTION 7-312: DIRECT CONNECTION
Each and every building must make a direct connection with the main sewer line. Under no circumstances will two or more houses be allowed to make such connections through one pipe. (Neb. Rev. Stat. §18-503)
SECTION 7-313: CLASSIFICATION
For the purpose of rental fees, the Village Board may classify the customers of the Sewer Department, provided that such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers. (Neb. Rev. Stat. §17-925.02)
SECTION 7-314: SEWER RATES
The Village Board has the power and authority to fix the rates to be paid by the sewer customers for the use of sewer service. All such rates shall be on file for public inspection at the office of the village clerk. All sewer customers shall be liable for the minimum rate provided by ordinance.
SECTION 7-315: BILLING AND COLLECTIONS
The village clerk shall bill the consumers and collect all money received by the village on the account of the Sewer Department and shall faithfully account for and pay to the village treasurer all revenue collected. Billing, collection and termination procedures are set forth in Sections 7-103 and 7-104. (Neb. Rev. Stat. §17-540)
SECTION 7-316: INSPECTIONS
The utilities superintendent shall have free access at any reasonable time to all parts of each premises and building connected to the sewer system to ascertain whether there is any disrepair or violation of this article therein. The failure of the owner or occupant of any premises or building to permit such access shall be deemed a violation of the con-tract between the user and the village which will subject the premises or building involved to termination of service.
SECTION 7-317: MANHOLES
Entrance into a manhole or opening for any purpose except by authorized persons is hereby prohibited. It shall be unlawful to deposit or cause to be deposited in any receptacle connected with the sewer system any substance which is not the usual and natural waste carried by the sewer system.
SECTION 7-318: DESTRUCTION OF PROPERTY
No person or persons shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities. Any person or persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
SECTION 7-319: PRIVATE SEWAGE DISPOSAL; PERMIT
A. Where a public sanitary or combined sewer is not available under the provisions herein, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.
B. Before commencement of 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 village, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent.
C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the utilities superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent.
D. The type, capacities, location and layout of a private sewage disposal system shall comply with the Nebraska Department of Environmental Quality Title 124 Rules and Regulations for the Design, Operation and Maintenance of Septic Tank Systems.
E. 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 in compliance with this chapter within 60 days and the private sewage system shall be abandoned in accordance with Title 124 as provided in subsection (D).
F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the village.
G. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
H. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by state or federal law.
I. When a public sewer becomes available, the building sewer shall be connected
to said sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
SECTION 7-320: DISCHARGE OF STORM WATER AND OTHER UNPOLLUTED WATERS
A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof run-off, exterior or interior foundation drainage or subsurface drainage to any sanitary sewer. Uncontaminated cooling water or heating water and unpolluted industrial process waters may be discharged to a sanitary sewer only if expressly authorized by the water commissioner.
B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the utilities superintendent. Industrial cooling water or unpolluted process water may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet. The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the village for such costs. The costs shall be determined by the superintendent.
C. It shall further be unlawful to connect or maintain connected to the sanitary sewer system any pump which pumps any of the above-identified kinds of water for any purpose whatsoever. In addition to the other remedies that are provided by this chapter for violations of this code, the village shall have the right to secure the abatement of any connection or discharging violation of this section.
SECTION 7-321: HAZARDOUS DISCHARGES
Specific prohibitions, options for handling hazardous discharges, compliance proce-dures and penalties for violations shall be as provided by the requirements of applicable regulations, laws, codes, and ordinances including 40 CFR, Part 403.
Article 4 – Solid Waste
SECTION 7-401: DEFINITIONS
The following definitions shall apply in interpretation and enforcement of this article.
"Approved waste disposal or landfill site" shall mean a place that has been approved by the State of Nebraska for disposal of garbage, trash, waste, and used building materials and debris from construction, renovation or demolition.
"Hauler" shall mean any commercial garbage collection business providing collection and disposal of solid waste within the village.
"Garbage" shall mean any animal, fruit, vegetable, kitchen refuse or other material that will or may decompose and become offensive or dangerous to health, not including dead animals or manure.
"Trash" shall mean wooden or cardboard boxes, chips or pieces of wood, bottles, broken glass, crockery, tin cans, papers, rags or any other litter or debris that is not an immediate hazard to the health of the residents of the village, except that used or discarded furniture or appliances, tree limbs, branches, sticks, yard waste, garden waste, leaves or grass clippings are not included within the meaning of the word "trash".
'Waste" shall mean cinders or ashes (when cool to the touch), broken plaster, brick, stone, sawdust, paper, plastic, glass, broken glass or metal.
"Yard waste" shall mean leaves, grass clippings, garden residue, excess garden produce, trees, tree limbs, branches and sticks.
SECTION 7-402: GARBAGE, TRASH AND WASTE
It shall be the responsibility of the owner or tenant of each premises in the village to contract with a hauler for collection and disposal of garbage, trash and waste. It shall be unlawful for any person to keep garbage, trash or waste or any kind that may be injurious to the public health or offensive to the residents of the village in, on, or about any dwelling, building, or premises or any other place in the village unless the same is kept in proper receptacles awaiting collection and disposal.
SECTION 7-403: YARD WASTE
Yard waste shall be disposed of by the owner of the premises upon which such yard waste is grown and produced by mulching, composting, or hauling away to the village tree dump.
SECTION 7-404: BUILDING MATERIALS AND DEBRIS; FURNITURE AND APPLIANCES
Used building materials and debris from construction, renovation or demolition and unusable furniture and appliances shall be removed from the village by the owner thereof and delivered to an approved waste disposal or landfill site for disposal.
SECTION 7-405: DEAD ANIMALS
All dead animals shall be removed and buried, or otherwise disposed of in a manner that will not endanger the health of any resident of the village, by the owners of the animals within 12 hours after death occurs. If the owner of any such animal does not take appropriate measures within the required time, the village may dispose of the animal at the direction of the chairman of the Board of Health, in which case the owner shall be liable for the costs of removal and disposal. When disposal is accomplished by burying, the animal shall be buried at least 2 feet deep. It shall be unlawful for a dead animal to be placed in a garbage receptacle or disposed of in the village landfill.
SECTION 7-406: HAZARDOUS WASTE OR WASTE REQUIRING SPECIAL HANDLING
Any person, firm, or corporation within the village who generates or creates hazardous waste or waste requiring special handling or disposal shall be responsible for the transportation and disposal of the same. All such handling and disposal shall in all respects comply with state and federal laws and regulations pertaining to the specific type of waste generated. (Neb. Rev. Stat. §§13-2020, 13-2023, 13-2026)
SECTION 7-407: ADDITIONAL REGULATIONS
The Village Board may from time to time make and adopt by ordinance such additional rules and regulations governing the use, operation, and control of solid waste collection and disposal as it may deem necessary to protect the environment and the health, safety, and welfare of all persons within the village. (Neb. Rev. Stat. §§13-2020, 13-2023, 13-2026)
Article 5 – Penal Provision
SECTION 7-501: 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 reference, shall be deemed guilty of an offense and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been commit-ted every 24 hours of such failure to comply.

1 comment:

Anonymous said...

I have a real problem with people who run their underground lawn sprinklers while it is raining or after we have had a nice rain......and i don't mean a little sprinkle outside.......i mean after it has rained a measurable amount.....and their sprinklers are still running!! this is a waste of water!