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Village info :

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TITLE V: PUBLIC WORKS


Chapter

50. UTILITIES GENERALLY


51. GARBAGE DISPOSAL


52. WELLHEAD PROTECTION AREA


53. ELECTRICAL SYSTEM


54. WATER


55. SEWER






CHAPTER 50: UTILITIES GENERALLY



Section

50.01 Diversion of services; civil action

50.02 Meter tampering, unauthorized reconnection prohibited; evidence

50.03 Discontinuance of service; notice procedure

50.04 Denial of utility service; when prohibited



' 50.01 DIVERSION OF SERVICES; CIVIL ACTION.


(A) For purposes of this section, the definitions found in Neb. RS 25-21,275 shall apply.

(B) (1) (a) The municipality may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts:

1. Bypassing;


2. Tampering; or


3. Unauthorized metering when such act results in damages to a municipal utility.


(b) The municipality 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.

(2) In any civil action brought pursuant to this section, the municipality shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering to recover as damages:

(a) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or

(b) Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.



(3) In addition to damage or loss under divisions (2)(a) or (2)(b) above, the municipality 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. RS 25-1801.

(C) (1) 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:

(a) 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

(b) 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.

(2) 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 controlled access to tie part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering was proven to exist.

(D) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws. 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. (1971 Code, ' 3-901) (Ord. 389, passed 11-14-1983; Ord. 724, passed 11-10-2003) Statutory reference: Similar provisions, see Neb. RS 25-21,276, 25-21,277, 25-21,278


' 50.02 METER TAMPERING, UNAUTHORIZED RECONNECTION PROHIBITED;

EVIDENCE.


(A) It is an offense for any person:

(1) To connect any instrument, device or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of the municipality, in such manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it;

(2) To knowingly use or knowingly permit the use of electricity, electric current, gas or water obtained unlawfully pursuant to this section;

(3) To reconnect electrical, gas or water service without the knowledge and consent of the municipality if the service has been disconnected pursuant to Neb. RS 70-1601 to 70-1615 or ' 50.03; or



(4) To willfully injure, alter or by any instrument, device or contrivance in any manner interfere with or obstruct the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, electric current, gas or water passing through it, without the knowledge and consent of the municipality.

(B) Proof of the existence of any wire, pipe or conduit connection or reconnection or of any injury, alteration, interference or obstruction of a meter is prima facie evidence of the guilt of the person in possession of the premises where such connection, reconnection, injury, alteration, interference or obstruction is proved to exist. (1971 Code, ' 3-901.1) (Ord. 725, passed 11-10-2003) Statutory reference: Similar provisions, see Neb. RS 28-515.02


' 50.03 DISCONTINUANCE OF SERVICE; NOTICE PROCEDURE.


(A) Prior to discontinuing service to any domestic subscriber for nonpayment of any due account, the village shall first give written notice by mail to any subscriber whose service is proposed to be terminated at least seven days prior to termination. As to any subscriber who has previously been identified as a welfare recipient to the Utility by the Department of Health and Human Services, such notice shall be by certified mail and notice of such proposed termination shall be given to the Department.

(B) Prior to the discontinuance of service to any domestic subscriber by a municipal utility, the domestic subscriber, upon request, shall be provided a conference with the Board of Trustees, or a designated representative. The Board of Trustees has established procedures to resolve utility bills when a conference is requested by a domestic subscriber. These 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 of this section as though set out in full. A copy of such procedures shall be furnished upon the request of any domestic subscriber. The Village Clerk shall notify the domestic subscriber of the time, place and date scheduled for such conference. (1971 Code, ' 3-902) (Ord. 580, passed 10-13-1997; Ord. 596, passed 9-14-1998) Statutory reference: Similar provisions, see Neb. RS 70-1603, 70-1604


' 50.04 DENIAL OF UTILITY SERVICE; WHEN PROHIBITED.


No applicant for the services of a public or private utility company furnishing water, natural gas or electricity in this municipality shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitation or discharge in bankruptcy proceedings. (1971 Code, ' 3-903) (Ord. 640, passed 4-12-1999) Statutory reference: Similar provisions, see Neb. RS 70-1601





CHAPTER 51: GARBAGE DISPOSAL



Section

General Provisions

51.01 Definitions

51.02 Trash and waste

51.03 Collection, authority

51.04 Notice; removal

51.05 Nuisance

51.06 Lien

51.07 Hazardous items and items requiring special handling or disposal

51.08 Mandatory service charges

51.09 Unauthorized use of refuse containers


Municipal Dumping Grounds

51.20 Definitions

51.21 Dumping prohibited

51.22 Burning prohibited

51.23 Gate fees


51.99 Penalty




GENERAL PROVISIONS



' 51.01 DEFINITIONS.


For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE. Kitchen refuse, decayed waste, dead animals or anything that may decompose and become offensive to the public health. (1971 Code, ' 4-401)



RUBBISH or TRASH. Discarded machinery, chips, pieces of wood, sticks, dead trees, branches, bottles, broken glass, crockery, tin cans, boxes, papers, rags or any other litter or debris that is not an immediate hazard to the health of the residents of the municipality. (1971 Code, ' 4-402)

WASTE. Cinders, ashes, plaster, brick, stone, sawdust or sand. (1971 Code, ' 4-403)


' 51.02 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 municipality, decayed vegetable or animal substance, garbage or refuse matter of any kind that may be injurious to the public health or offensive to the residents of the municipality unless the same is kept in receptacles not exceeding a 30-gallon capacity and as nearly airtight as may be practical. It shall be unlawful to throw or sweep into the streets, alleys, parks or other public grounds any dirt, paper, nails, pieces of glass, refuse, waste or rubbish of any kind. No person may permit garbage, rubbish, waste or refuse to collect and all persons shall remove the same from their property within 24 hours after being notified to do so by the Village Marshal, who shall represent the Board of Health. Any person having garbage, rubbish, waste or refuse that is subject to decay or fermentation within a short period of time shall be required to place the same in a standard garbage can with a tight cover, or a durable plastic container that is securely tied at its opening. All persons shall have the contents of their garbage cans removed at least once a week. (1971 Code, ' 4-404) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 19-2106


' 51.03 COLLECTION; AUTHORITY.


The governing body for the village 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 village 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, roads or alleys. (1971 Code, ' 4-405) (Ord. 454, passed 10-10-1988; Ord. 475, passed 3-19-1990) Statutory reference: Related provisions, see Neb. RS 18-1752


' 51.04 NOTICE; REMOVAL.




Notice that removal of garbage or refuse is necessary shall be given to each owner or 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 village, 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. (1971 Code, ' 4-405) (Ord. 454, passed 10-10-1988; Ord. 475, passed 3-19-1990) Statutory reference: Related provisions, see Neb. RS 18-1752


' 51.05 NUISANCE.


If the Chairperson 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 village 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 ' 51.04 if such garbage or refuse has not been removed. (1971 Code, ' 4-407) (Ord. 454, passed 10-10-1988; Ord. 475, passed 3-19-1990) Statutory reference: Related provisions, see Neb. RS 18-1752


' 51.06 LIEN.


Whenever the village removes any garbage or refuse, or causes it to be removed, from any lot or land pursuant to this subchapter, it shall in addition to any other penalty, after a hearing conducted by the governing board, assess the cost of the removal against such lot or land. (1971 Code, ' 4-408) (Ord. 454, passed 10-10-1988; Ord. 475, passed 3-19-1990) Statutory reference: Related provisions, see Neb. RS 18-1752


' 51.07 HAZARDOUS ITEMS AND ITEMS REQUIRING SPECIAL HANDLING OR

DISPOSAL.


(A) No person shall put out any of the items specified below to be collected by the municipal solid waste collector for land disposal:

(1) Yard waste from April 1 through November 30 of each year unless such yard waste has been separated from its source and is put out for separate collection and delivery to the landfill for the purpose of soil conditioning or composting under the conditions otherwise specified;

(2) Lead-acid batteries;

(3) Waste oil;



(4) Waste tires in any form except tires that are nonrecyclable. Tires are not considered if they meet the requirements of Neb. RS 13-2039;

(5) Discarded household appliances;

(6) Unregulated hazardous wastes, except household hazardous wastes, which are exempt from the regulations under the Environmental Protection Act; or

(7) Construction debris, furniture, car parts or tree limbs, branches, logs or twigs larger than four inches in diameter, or three feet in length.

(B) Any such items shall be disposed of only as permitted under the Nebraska Integrated Solid Waste Management Act or any amendments thereof.

(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LAND DISPOSAL. Includes, but is not limited to, incineration at a landfill.

NONRECYCLABLE TIRE. A press-on solid tire, a solid pneumatic shaped tire or a foam pneumatic tire.

WASTE TIRE. A tire that is no longer suitable for its original intended purpose because of wear, damage or defect.

YARD WASTE. Grass and leaves. (1971 Code, ' 4-409) (Ord. 502, passed 9-14-1992; Ord. 517, passed 10-11-1993; Ord. 558, passed 9-9-1996; Ord. 731, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 13-2013.02, 13-2016.01, 13-2039


' 51.08 MANDATORY SERVICE CHARGES.


(A) All solid waste to be disposed of in the village will be placed in the containers furnished by the collection service and picked up by the contractor.

(B) The Board of Trustees may, by resolution, authorize the Chairperson to enter into an exclusive agreement with a contractor for the collection and removal of solid waste in the village and the disposal thereof in a licensed disposal facility or transfer station, at such rates and charges as may be agreed upon within the limits provided herein.



(C) The schedule of charges for the collection of solid waste shall be set by the Village Board from time to time, and are hereby set as:

(1) Residential: $15.25 per month;

(2) Commercial (90-gallon): $15.25 per month;

(3) In-home business requiring extra dumpster: $9.75 per month;

(4) Commercial (two-yard container): $41.50 per month;

(5) Commercial (three-yard container): $54.50 per month;

(6) Rural (bi-weekly in town): $15.25 per month;

(7) Rural two-yard bi-weekly: $26.50 per month;

(8) Rural three-yard bi-weekly: $41.50 per month;

(9) Extra dump: $15.25 per dumpster; and

(10) Except that special charges may be made for extraordinary service.

(D) The solid waste collection charges will be billed with the electrical, water and/or sewer user fees. All consumers with an active electrical, or water, account are determined to be generating solid waste, and subject to charge for the collection of solid waste as provided herein. Consumers whose property will be vacant for a period in excess of 30 days may file a request with the Village Clerk for a waiver of solid waste collection fees for the period in which the property will be vacant. Charges will be collected at the same time, in the same manner and by the same officers as water charges are collected. Water, sewer and trash charges shall be collected as a unit and partial payment will not be accepted other than on a monthly, quarterly, semiannual or annual basis, payable in advance.

(E) Late fees: all solid waste charges are due and payable on the tenth of each month and shall pay an additional delinquent account charge of 10% of the total charges. (1971 Code, ' 4-410) (Ord. 529, passed 11-14-1994; Ord. 557, passed 9-9-1996; Ord. 593, passed 6-8-1998; Ord. 654, passed 4-10-2000; Ord. 678, passed 11-13-2001; Ord. 782, passed 11-4-2014)


' 51.09 UNAUTHORIZED USE OF REFUSE CONTAINERS.


(A) It shall be unlawful for any person to place, deposit or discard any refuse, waste or other object in the solid waste collection containers furnished by the waste contractor unless that person concurrently has an active solid waste collection account with the village.



(B) It shall be unlawful for any person to place any refuse, waste or other object generated outside, or transported from outside, the corporate limits of the village in the solid waste containers furnished by the waste contractor. (1971 Code, ' 4-411) (Ord. 628, passed 11-9-1998) Penalty, see ' 51.99



MUNICIPAL DUMPING GROUNDS



' 51.20 DEFINITIONS.


For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPERATOR. Any person designated by the Village Board to supervise all dumping activities at the solid waste disposal area, including collection of gate fees.

SOLID WASTE. All putrescible and non-putrescible wastes, except body wastes, including garbage, rubbish, demolition and construction debris, and litter of any kind.

SOLID WASTE DISPOSAL AREA. Any area designated by the Village Board for the deposition of solid waste which has been approved by the Nebraska Department of Environmental Control. (1971 Code, ' 3-801) (Ord. 314, passed 12-13-1976) Statutory reference: Related provisions, see Neb. RS 81-1514 through 81-1521


' 51.21 DUMPING PROHIBITED.


No person shall leave, throw or deposit in any manner, any solid waste at or near the solid waste disposal area at any time, except those times so designated by the Village Board, under the direct supervision of the operator. (1971 Code, ' 3-802) (Ord. 314, passed 12-13-1976) Penalty, see ' 51.99


' 51.22 BURNING PROHIBITED.


No person shall burn or cause to be burned any material at the solid waste disposal area except those fires set by the village for the purpose of destroying trees and wood. (1971 Code, ' 3-803) (Ord. 314, passed 12-13-1976) Penalty, see ' 51.99




' 51.23 GATE FEES.


Gate fees for dumping shall be charged to all users of the solid waste disposal area, except the residents of the village and other persons so designated by the Village Board and assessed at rates established by the Village Board. (1971 Code, ' 3-804) (Ord. 314, passed 12-13-1976) Penalty, see ' 51.99



' 51.99 PENALTY.


(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) Any person violating the provisions of ' 51.09 shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not to exceed $500 for each such offense; and shall further be ordered to reimburse the village for the solid waste collection fee currently in effect. (1971 Code, ' 4-411) (Ord. 628, passed 11-9-1998)




CHAPTER 52: WELLHEAD PROTECTION AREA



Section

52.01 Description of area

52.02 Definitions

52.03 Unlawful activities/structures

52.04 Permit

52.05 No permit issued; setback distances

52.06 Livestock

52.07 Determination by Board

52.08 Enforcement

52.09 Application

52.10 Structures/activities in existence


52.99 Penalty




' 52.01 DESCRIPTION OF AREA.


(A) The village adopts the wellhead protection area, which had been approved by the Nebraska Department of Environmental Quality; the same is more particularly described below:

(1) SE 1/4 of Section 8;

(2) S 1/2 of Section 9;

(3) W 1/2 of Section 14;

(4) All of Section 15; and

(5) E 1/2 of and NW 1/4 of Section 16.

(B) All in Township 3 North, Range 33 West of the 6th P.M. in Hitchcock County, Nebraska. (Ord. 754, passed 11-14-2005)




' 52.02 DEFINITION.


(A) Words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.

(B) Definitions set for in the Village General Plan shall be applied in the event of any ambiguity or uncertainty in the interpretation of the rules and regulations established by this chapter. (Ord. 754, passed 11-14-2005)


' 52.03 UNLAWFUL ACTIVITIES/STRUCTURES.


It shall be unlawful for any person, other than the village, to place, install, construct or replace any of the following structures or conduct any of the following activities or any activity which shall be designated by the Village Board of Trustees as a potential threat to the water supply within the wellhead protection area, except as may be provided by permit herein, to wit:

(A) Non-potable water well;

(B) Sewage lagoon: not allowed;

(C) Soil absorption system: not allowed;

(D) Cesspool: not allowed;

(E) Dump: not allowed;

(F) Livestock confinement facilities: restricted by '' 52.05 and 52.06;

(G) Pit toilet;

(H) Sanitary landfill: not allowed;

(I) Chemical or petroleum product storage;

(J) Septic tank;

(K) Sewage treatment plant: not allowed;

(L) Sewage wet well: not allowed;

(M) Sanitary sewer connection;



(N) Sanitary sewer manhole; and

(P) Sanitary sewer line. (Ord. 754, passed 11-14-2005) Penalty, see ' 52.99


' 52.04 PERMIT.


The placing, installing, construction or replacing of any allowed structure or activity as set forth in ' 52.03, hereafter termed Awellhead structure or activity@, within the wellhead protection area, shall not be permitted after the effective date of this chapter, unless a permit approved by the Village Board of Trustees has been obtained. The owner of any wellhead structure or activity shall have the burden of establishing the existence and use of said wellhead structure or activity at the time of the effective date of this chapter. (Ord. 754, passed 11-14-2005)


' 52.05 NO PERMIT ISSUED; SETBACK DISTANCES.


(A) No permit shall be issued by the Village Board of Trustees within the following setback distances from any village municipal water well:


Activity or Structure

Minimum Distance from Water Supply

Cesspool

Not allowed

Chemical or petroleum storage

500 feet


Commercial lawn and garden compost

500 feet


Fertilizer and pesticide storage

500 feet


Livestock confinement

5,000 feet

Non-potable water well

1,000 feet

Pit toilet

500 feet


Sanitary landfill

Not allowed

Sanitary sewer connection

100 feet


Sanitary sewer line

50 feet


Sanitary sewer manhole

100 feet


Septic tank

500 feet


Septic tank exceeding 1,000 GPD

5,000 feet

Sewage lagoon

Not allowed

Sewage treatment plant

Not allowed

Sewage wet well

Not allowed

Soil absorption system

Not allowed

(B) Any activity described in this section located within the defined setback distance shall be considered prima facie a hazard to the quality of the municipal water supply. (Ord. 754, passed 11-14-2005) Penalty, see ' 52.99


' 52.06 LIVESTOCK.


For purposes of this chapter, LIVESTOCK CONFINEMENT shall be restricted to a maximum of 300 animal units per site as defined by Title 130 of the regulations of the Nebraska Department of Environmental Quality, and where allowed by Title 130 Rules and Regulations, zoning regulations and ordinances of the village. In the event conditions at the livestock facility at any time indicate there is a high potential for waste discharge which may threaten the municipal water supply or groundwater, as determined by the Department of Environmental Quality, the Village Board of Trustees permit for the operation shall be subject to revocation, unless the owner of the operation can provide evidence to the Village Board of Trustees that the threat has been eliminated. (Ord. 754, passed 11-14-2005)


' 52.07 DETERMINATION BY BOARD.


Any wellhead structure or activity not prohibited by '' 52.03 and 52.05 shall be allowed, subject to a determination of the Village Board of Trustees, that such activity does not constitute a hazard or threat to the quality of the municipal water supply or ground water and upon issuance of a permit. (Ord. 754, passed 11-14-2005)


' 52.08 ENFORCEMENT.


The Village Board of Trustees shall be responsible for implementation and enforcement of the rules and regulations established by this chapter, and shall consider all applications filed pursuant hereto. All applications shall be approved or rejected by roll call vote. The Water Superintendent shall be charged with administration of the rules and regulations. (Ord. 754, passed 11-14-2005)



' 52.09 APPLICATION.


Prior to placing, installing, constructing, expanding or replacing any wellhead structure or activity, the owner of the real estate upon which the structure or activity is proposed shall file with the Village Board of Trustees an application for wellhead activity permit. Said application shall be on a form furnished by the village, and shall include supporting information indicating why approval would not adversely impact the municipal water supply and ground water. The application shall be submitted to the Village Board of Trustees for review. Prior to acting upon the application, the Village Board of Trustees may seek an engineering report, recommendations of the Natural Resources District, the Nebraska Department of Environmental Quality or any other party or agency in evaluating the impact of the proposed structure or activity on the municipal water supply. A permit shall be issued only after the Village Board of Trustees determines that the structure or activity is unlikely to contaminate or pollute the municipal water supply and ground water. Replacement or repair of existing properly registered agricultural irrigation wells, when done in an expedited or emergency status process by the Natural Resources District, shall be exempt from the Village Board of Trustees permit process and must meet all requirements of ' 52.05. (Ord. 754, passed 11-14-2005)


' 52.10 STRUCTURES/ACTIVITIES IN EXISTENCE.


Wellhead structures or activities in existence and use in the wellhead protection area as of the effective date of this chapter shall continue to be permitted unless such continued existence or use, in the determination of the Village Board of Trustees, presents a hazard to the municipal water supply or ground water. If the Village Board of Trustees determines that an existing wellhead structure or activity presents a hazard, the Village Board of Trustees shall authorize the Water Superintendent to notify the owner of the structure or activity to cease and desist said structure or activity. If the owner of the structure or activity desires to continue operation of said structure or activity, the owner may make application for a permit pursuant to this chapter. If the owner does not cease and desist pursuant to this ordinance, the Water Superintendent may proceed pursuant to ' 52.99 against said owner of the structure or activity. (Ord. 754, passed 11-14-2005)



' 52.99 PENALTY.


Any person found guilty by a court of law of violating any provision of this chapter shall be subjected to a fine not to exceed $500. The continuation of a violation of this chapter shall be deemed an additional offense for every 24 hours of such continued violation. In addition, the village may obtain injunctive relief and sue for damages and remediation and pursue other remedy available under laws of the state or other authority having jurisdiction over such matters. (Ord. 754, passed 11-14-2005)





CHAPTER 53: ELECTRICAL SYSTEM



Section

53.01 Ownership

53.02 Consumer=s application

53.03 Licensed electrician

53.04 Installation expense

53.05 Meters

53.06 Fees and collections

53.07 Minimum rates

53.08 Service Deposit Fund

53.09 Delinquent payments

53.10 Restricted use

53.11 Electrical service contracts

53.12 Building moving

53.13 Posting signs

53.14 Trimming trees

53.15 Inspections

53.16 Destruction of property



' 53.01 OWNERSHIP.


(A) The municipality owns the municipal electrical system and operates the same through the Utilities Superintendent.

(B) The municipality has contracted to buy for resale the electrical power of the Southwest Public Power Company and in addition has contracted with the same company for emergency power in times of peak use. The governing body, for the purpose of defraying the cost of the care, management and maintenance of the municipal electrical system shall 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.

(C) The revenue from the said tax shall be known as the Electrical Fund and shall remain in the custody of the Municipal Clerk. The Utilities Superintendent shall have the direct management and control of the municipal electrical system and shall faithfully carry out the duties of his or her office.



(D) The Utilities Superintendent shall have the authority to adopt rules and regulations for the safe and efficient management of the electrical system subject to the supervision and review of the governing body. The governing body shall set the rates to be charged for services rendered by resolution and shall file the same in the office of the Municipal Clerk for public inspection at any reasonable time. (1971 Code, ' 3-701) Statutory reference: Related provisions, see Neb. RS 17-902 through 17-904, 17-906, 17-909


' 53.02 CONSUMER=S APPLICATION.


Every person or persons desiring electrical service must make application therefor to the Municipal Clerk upon the blanks to be furnished by him or her for that purpose. The Municipal Clerk may require any applicant to make a service deposit in such amount as he or she deems necessary subject to the review of the governing body. Electricity may not be supplied to any house or building except upon the written order of the Municipal Clerk. The system shall not supply to any person outside the corporate limits electrical service without special permission from the governing body; provided, that the entire cost of wire, installation and other expenses shall be entirely paid by the consumer. Nothing herein shall be construed to obligate the municipality to supply electrical service to nonresidents. (1971 Code, ' 3-702)


' 53.03 LICENSED ELECTRICIAN.


Under no circumstances shall connections be made between the wires of the electrical distribution system of this municipality and the meter of the consumer, except by an employee of the municipality or a licensed electrician authorized to do so by the Utilities Superintendent. The consumer may have wiring done by any competent licensed electrician from the meter to the points of distribution. All wiring, equipment and apparatus shall be installed according to the electrical code duly adopted by the municipality. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications for such installation prescribed by the Utilities Superintendent; provided, that such rules, regulations and specifications have been reviewed and approved by the governing body. (1971 Code, ' 3-703)


' 53.04 INSTALLATION EXPENSE.


(A) The expense of installation and equipment up to and including the electrical meter shall be paid by the municipality.



(B) The expense of installation and wiring from the meter to the points of distribution shall be the responsibility of the consumer. Maintenance and replacement expense shall be apportioned in the same manner. (1971 Code, ' 3-704)


' 53.05 METERS.


All electrical meters shall be read at least one time each month between the nineteenth day during which electrical service is used and the first day of the succeeding month. In the event that a meter is broken or otherwise fails to register accurately the use of electricity by any consumer, the Utilities Superintendent shall use the six-month average of the season one year previous to such breakage for billing purposes. (1971 Code, ' 3-705)


' 53.06 FEES AND COLLECTIONS.


The governing body has the power and authority to fix the rates to be paid by electrical consumers for the use of electricity. All rates shall be on file for public inspection at the office of the Municipal Clerk. The Municipal Clerk shall bill the consumers and collect all money received by the municipality on the account of the municipal electrical system. (1971 Code, ' 3-706)


' 53.07 MINIMUM RATES.


All electrical consumers shall be liable for the minimum rate provided by resolution unless and until the consumer shall, by written order direct the Utilities Superintendent to shut off the electricity in which case he or she shall not be liable thereafter for electrical service until the electricity is turned on again. (1971 Code, ' 3-707)


' 53.08 SERVICE DEPOSIT FUND.


The service deposit required for electrical service shall be promptly paid upon demand by all customers of the electrical system. From the said deposit shall be deducted all delinquent electrical charges. The service deposit shall be collected by the Utilities Superintendent and immediately turned over to the Municipal Treasurer who shall keep the said fees in a trust fund for the customers of the electrical system. Said fund shall be put out at interest separate and apart from other funds. Interest arising therefrom shall be expended solely for the repair of equipment and property of the municipal electrical system. (1971 Code, ' 3-708)




' 53.09 DELINQUENT PAYMENTS.


Electrical fees shall be due and payable monthly at the office of the Municipal Clerk. If said fees are not paid within 20 days after the same become due, the electricity will be turned off, in compliance with ' 50.03, and not turned on again until all back fees and charges are paid, including any penalty charge which the governing body may, by resolution, prescribe. (1971 Code, ' 3-709) (Ord. 297, passed 5-7-1974; Ord. 337, passed 12-10-1979)


' 53.10 RESTRICTED USE.


The municipal electrical system does not guarantee the delivery of electric current over the lines of the distribution system except when it has sufficient power, current, equipment and machinery to do so. The Utilities Superintendent has the power and authority to disconnect or discontinue such service for any good and sufficient reason without liability. The municipality shall use due care and reasonable diligence to provide and supply uninterrupted service to consumers, but shall not be liable for damages resulting from interruption of service due to causes over which the municipality has no control and the municipality expressly reserves the right to discontinue or disconnect any consumer=s service without preliminary notice. (1971 Code, ' 3-710)


' 53.11 ELECTRICAL SERVICE CONTRACTS.


Contracts for electrical service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall sell, dispose or remove from the premises where service is furnished in his or her name, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent who shall cause the electrical service to be shut off from the said premises. If the consumer should fail to give such notice, he or she shall be charged for all electricity used on the said premises until the Utilities Superintendent is otherwise advised of such circumstances. (1971 Code, ' 3-711)


' 53.12 BUILDING MOVING.




Should any house or building moving occur or be necessary and it becomes necessary in said work to remove or disturb any of the property or wires of the municipal electrical system, the same should not be done except upon written permission received from the Utilities Superintendent, who shall then order paid in advance the actual cost of moving the said wires and such cost shall be paid by the applicant prior to the moving of the building or house. All expense of removing, changing and replacing the said wires or apparatus of the electrical system shall be paid out of the deposit made prior to moving and any surplus remaining after all expenses are paid shall be returned to the applicant; provided, that if in the course of moving the said building or house it becomes apparent to the Utilities Superintendent that additional expense will be incurred, he or she shall have the authority to demand such additional deposit as he or she deems necessary. (1971 Code, ' 3-712) Penalty, see ' 10.99


' 53.13 POSTING SIGNS.


It shall be unlawful for any person to post, tack or fasten to the poles, structures, fixtures or equipment of the municipal electrical system any sign, poster, advertisement or banner without written permission from the Utilities Superintendent. (1971 Code, ' 3-713) Penalty, see ' 10.99


' 53.14 TRIMMING TREES.


Any person desiring to cut or remove trees or branches thereof in close proximity to the lines of the municipal electrical system shall, before doing the said work, give reasonable written notice to the Utilities Superintendent and shall follow any and all rules and regulations which he may prescribe for doing such work. It shall be unlawful for any person felling or removing such trees or branches to disrupt or damage the lines without first giving proper notice to the Utilities Superintendent and receiving permission in writing from the Utilities Superintendent to do so. Whenever it becomes necessary to protect the lines or property of the electrical system, the governing body shall have the power to order cut and removed any overhanging branches, or limbs of trees so that the lines will be free and safe. (1971 Code, ' 3-714) Penalty, see ' 10.99


' 53.15 INSPECTIONS.


The Utilities Superintendent or his or her duly authorized agents shall have free access between the hours of 8:00 a.m. and 6:00 p.m. to all parts of each premises and building to or in which electricity is supplied; provided, that in the event of an emergency, such inspections may take place at any time. (1971 Code, ' 3-715)


' 53.16 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 municipal electrical system. (1971 Code, ' 3-716) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 28-512





CHAPTER 54: WATER



Section

General Provisions

54.01 Definitions

54.02 Ownership

54.03 Consumer=s application

54.04 Installation procedure

54.05 Licensed plumber

54.06 Time

54.07 Installation expense

54.08 Repairs and maintenance

54.09 Installation specifications

54.10 Mandatory meters

54.11 Fees and collections

54.12 Minimum rates

54.13 Service Deposit Fund

54.14 Delinquent payments

54.15 Unauthorized use of municipal water

54.16 Restricted use

54.17 Fire hydrants

54.18 Pollution

54.19 Mandatory hookup

54.20 Water service contracts

54.21 Inspection

54.22 Police reports

54.23 Destruction of property

54.24 Backflow prevention devices required; customer installation and maintenance; testing

54.25 Unsafe physical connection to water distribution system prohibited; potential backflow

hazards; customer assessment

54.26 Abandoned wells prohibited; plugging and capping

54.27 Voluntary water conservation; mandatory water rationing

Water Wells

54.40 Definitions

54.41 Preferences of use



54.42 Permits

54.43 Well driller duties

54.44 Domestic wells; safety and testing/financial responsibility




GENERAL PROVISIONS



' 54.01 DEFINITIONS.


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MAIN. Any pipe other than a supply or service pipe that is used for the purpose of carrying water to and disbursing the same in the municipality.

SERVICE PIPE. 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 disbursed.

SEPARATE PREMISES. More than one consumer procuring water from the same service or supply pipe. The second premises may be a separate dwelling, apartment, building or structure used for a separate business.

SUPPLY PIPE. Any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer=s premises where the shut-off, stop box or curb cock is located. (1971 Code, ' 3-501)


' 54.02 OWNERSHIP.


(A) The municipality owns the Municipal Water Department and operates the same through the Utilities Superintendent.

(B) The governing body, for the purpose of defraying the cost of the care, management and maintenance of the Municipal Water Department, shall 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.

(C) The revenue from the said tax shall be known as the Water Fund and shall remain in the custody of the Municipal Treasurer.



(D) The Utilities Superintendent shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his or her office. The Utilities Superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the governing body.

(E) The governing body shall set the rates to be charged for services rendered by resolution and shall file the same in the office of the Municipal Clerk for public inspection at any reasonable time. (1971 Code, ' 3-502) Statutory reference: Related provisions, see Neb. RS 17-531,17-534, 19-1305


' 54.03 CONSUMER=S APPLICATION.


Every person or persons desiring a supply of water must make application therefor to the Municipal Clerk upon the blanks to be furnished by him or her for that purpose. The Municipal Clerk may require any applicant to make a service deposit in such amount as he or she deems necessary subject to the review of the governing body. Water may not be supplied to any house or private service pipe except upon the written order of the Municipal Clerk. The Department shall not supply to any person outside of the corporate limits water service without special permission from the governing body; provided, the entire cost of laying mains, service pipe and supply pipe shall be paid by the consumer. Nothing herein shall be construed to obligate the municipality to provide water service to nonresidents. (1971 Code, ' 3-503) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 17-537


' 54.04 INSTALLATION PROCEDURE.


(A) 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 deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage.

(B) No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes are laid, the streets, alleys and sidewalks shall be restored to good condition.

(C) 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. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications prescribed for such installation by the Utilities Superintendent; provided, that the said rules, regulations and specifications have been reviewed and approved by the governing body. (1971 Code, ' 3-504) Penalty, see ' 10.99



' 54.05 LICENSED PLUMBER.


It shall be unlawful for any plumber or pipefitter to do any work upon any of the pipes or appurtenances of the system of waterworks, or to make any connection with or extension of the supply pipes of any consumer taking water from the said system until such plumber or pipefitter shall have first procured a license or permit from the municipality. All plumbing shall be skillfully done and in the manner required by the Utilities Superintendent. The said licensed plumber shall be at all times subject to the inspection and approval of the Utilities Superintendent and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work. (1971 Code, ' 3-505) Penalty, see ' 10.99


' 54.06 TIME.


All taps or plumbing work done on or to the municipal water system shall be done between the hours of 8:00 a.m. and 6:00 p.m. (1971 Code, ' 3-506)


' 54.07 INSTALLATION EXPENSE.


There shall be a permit fee of $75 to connect water service to any consumer. Materials and labor for providing service to the lot line shall be provided by the municipality at the expense of the consumer. The consumer shall then pay the cost of installation and pipe from the lot line to the place of dispersement. The consumer shall be required to pay the expense of procuring the service of a licensed plumber, and shall pay the expense of furnishing and installing pipe, trenching and the necessary labor to bring water service from the said lot line to the place of dispersement. (1971 Code, ' 3-507) (Ord. 312, passed 12-13-1976)


' 54.08 REPAIRS AND MAINTENANCE.


All repairs to the service pipe leading from the lot line to the place of dispersement shall be paid by the consumer. Maintenance of the supply pipe, the shut-off, the meter and the main shall be the responsibility of the municipality. All other expenses shall be charged to the consumer. (1971 Code, ' 3-508)


' 54.09 INSTALLATION SPECIFICATIONS.


The service pipe shall be laid at a depth of four feet, unless the Utilities Superintendent prescribes another depth. Service pipe shall be at least three-fourths of an inch in diameter and shall be 150 pounds per square inch pressure tested. (1971 Code, ' 3-509) Penalty, see ' 10.99



' 54.10 MANDATORY METERS.


Any residential or commercial water consumer who shall utilize on their premises any heat exchanger, or heat pump and any residential or commercial water consumer who shall utilize on their premises any water cooler which consumes in excess of 500 gallons of water in any one month shall, as a condition precedent to the use of such village water, furnish water meters at such water consumer=s expense. All such water meters shall be read by the Village Utilities Superintendent or other authorized village employee once a month. All other water consumers of the village Municipal Water Department shall be required to have a water meter approved by the Village Utilities Superintendent installed at their point of service as a condition precedent to the right to use and consume village water. (1971 Code, ' 3-510) (Ord. 430, passed 3-9-1987; Ord. 598, passed 9-14-1998) Statutory reference: Related provisions, see Neb. RS 17-542


' 54.11 FEES AND COLLECTIONS.


The governing body has the power and authority to fix the rates to be paid by water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the Municipal Clerk. The Municipal Clerk shall bill the consumers and collect all money received by the municipality on the account of the Water Department. (1971 Code, ' 3-511) Statutory reference: Related provisions, see Neb. RS 17-540


' 54.12 MINIMUM RATES.


All water consumers shall be liable for the minimum rate provided by resolution 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 or she shall not be liable thereafter for water rental until the water is turned on again. (1971 Code, ' 3-512)


' 54.13 SERVICE DEPOSIT FUND.


The service deposit required for water service shall be promptly paid upon demand by all customers of the water system. From the said deposit shall be deducted all delinquent water charges. The service deposit shall be collected by the Municipal Clerk who shall keep the said fees in a trust fund for customers of the water system. Said fund shall be put out at interest separate and apart from other funds. Interest arising therefrom shall be expended solely for the repair of equipment and property of the Municipal Water Department. (1971 Code, ' 3-513)



' 54.14 DELINQUENT PAYMENTS.


Water use fees shall be due and payable monthly at the office of the Village Clerk. If said fees are not paid within 20 days after the due date, the water service will be turned off after following the procedures set forth in ' 50.03 of this code, and not turned on again until all back fees and charges are paid, including any penalty charge which the governing body may by resolution prescribe. (1971 Code, ' 3-514) (Ord. 296, passed 5-7-1974; Ord. 597, passed 9-14-1998)


' 54.15 UNAUTHORIZED USE OF MUNICIPAL WATER.


No consumer shall supply water to other individuals residing outside his or her home, or allow another to take water from their 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. It shall be unlawful for any person to transport municipal water from any premises or location within the municipal limits to any location or use outside of the municipal limits, or to allow another to so transport any municipal water from their premises to any location or use outside the municipal limits. Any person violating this section shall be guilty of a misdemeanor. Any person violating this section shall also be subject to disconnection of their municipal water service. (1971 Code, ' 3-515) (Ord. 480, passed 10-8-1990) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 17-537


' 54.16 RESTRICTED USE.


(A) The governing body or the Utilities Superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire or other good and sufficient cause.

(B) The municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the municipality has no control. (1971 Code, ' 3-516)


' 54.17 FIRE HYDRANTS.




All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the Municipal Fire Department under the orders of the Fire Chief, or the Assistant Fire Chief; or members of the Water Department to open or attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with the hydrants. (1971 Code, ' 3-517) Penalty, see ' 10.99


' 54.18 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 Municipal Water Department. (1971 Code, ' 3-518) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 17-536


' 54.19 MANDATORY HOOKUP.


All persons within 300 feet of a water main shall be required, upon notice by the governing body, to hook-up with the municipal water system. (1971 Code, ' 3-519) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 17-539


' 54.20 WATER SERVICE CONTRACTS.


(A) Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract.

(B) If any consumer shall move from the premises where service is furnished, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent, who shall cause the water service to be shut off at said premises.

(C) If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premises until the Utilities Superintendent is otherwise advised of such circumstances. (1971 Code, ' 3-520)


' 54.21 INSPECTION.


The Utilities Superintendent, or his or her duly authorized agents, shall have free access, between 8:00 a.m. and 6:00 p.m. 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. (1971 Code, ' 3-521)



' 54.22 POLICE REPORTS.


It shall be the duty of the municipal police to report to the Utilities Superintendent all cases of leakage and waste in the use of water and all violations of this code relating to the Water Department. They shall have the additional duty of enforcing the observance of all such regulations. (1971 Code, ' 3-522) Penalty, see ' 10.99


' 54.23 DESTRUCTION OF PROPERTY.


(A) 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 Municipal Water Department.

(B) 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. (1971 Code, ' 3-523) Penalty, see ' 10.99


' 54.24 BACKFLOW PREVENTION DEVICES REQUIRED; CUSTOMER

INSTALLATION

AND MAINTENANCE; TESTING.


(A) All customers of the Municipal Water Department shall install and maintain a properly located backflow prevention device at the customer=s expense appropriate to the potential hazards set forth in Title 179, Nebraska Department of Health, and approved by the Utilities Superintendent.

(B) The customer shall make application to the Utilities Superintendent to install a required backflow prevention device on a form provided by the municipality. The type of potential hazard required, protection and the type of backflow device to be installed, including brand and model number.

(C) The Utilities Superintendent shall approve the application if such installation will protect the municipal water distribution system from potential backflow and backsiphonage hazards.

(D) The installation of the device shall be subject to all other section of this code dealing with installation of plumbing.

(E) Such customer shall also certify to the municipality at least one time annually that the backflow prevention device has been tested by a Nebraska Department of Health Grade VI Certified Water Operator if the device is equipped with a test port. Such certification shall be made on a form available at the office of the Municipal Clerk.

(F) Any decision of the Utilities Superintendent may be appealed to the municipal governing body.



(G) The Utilities Superintendent, or his or her designated agents, shall have the right at all reasonable times to inspect any property connected to the municipal water system for compliance with the requirements of this chapter. (1971 Code, ' 3-529) (Ord. 512, passed 4-12-1993)


' 54.25 UNSAFE PHYSICAL CONNECTION TO WATER DISTRIBUTION SYSTEM

PROHIBITED: POTENTIAL BACKFLOW HAZARDS; CUSTOMER ASSESSMENT.


(A) No customer or other person shall cause, allow or create any physical connection between the municipal water distribution system and any pipes, hydrants, tanks, steam condensate returns, engine jackets, heat exchangers, other water supplies or any other connection whereby potentially unsafe or contaminating materials may be discharged or drawn into the municipal water distribution system.

(B) At least one time every five years, customers of the municipal water distribution and supply system shall be required to assess and report potential backflow and backsiphonage hazards to the municipality on a form supplied by the municipality to the customer. The customer shall take any steps necessary for protection of public health and safety as determined by the Utilities Superintendent. (1971 Code, ' 3-530) (Ord. 513, passed 4-12-1993) Penalty, see ' 10.99


' 54.26 ABANDONED WELLS PROHIBITED; PLUGGING AND CAPPING.


It shall be unlawful for any person to maintain, or to permit the existence within the corporate limits of any water well which poses a threat to groundwater integrity, or any abandoned water well which has not been plugged and capped in compliance with state law, and Title 178 of the regulations of the Nebraska Department of Health. Upon request by the village, it shall be the duty of the owner of any property upon which an abandoned water well is located to immediately cause the said well to be plugged and capped in compliance with all provisions of state and federal law. The term ABANDONED WATER WELL shall include, but not be limited to, any well the use of which has been discontinued, any necessary operating equipment has been removed, or which is in such a state of disrepair that continued use would be impractical. In addition to any other remedies, the village shall have authority to enforce the requirements of this section by suit for injunction to compel compliance. (1971 Code, ' 3-531) (Ord. 514, passed 6-14-1993) Penalty, see ' 10.99


' 54.27 VOLUNTARY WATER CONSERVATION; MANDATORY WATER RATIONING.




(A) When water saving is required. The following water conservation stages shall be in effect at the following times. (Total water consumption per day shall be determined by totaling all the treated water pumped by the entire village water works system. When either Stage 2, Stage 3 or Stage 4 Water Rationing are in effect, no person, firm or corporation shall use any water in violation of any provision of this section. All customers (owners or occupants of the licensed premises) shall comply with water restrictions set forth herein.)

(1) Stage 1 - Voluntary Water Conservation. Voluntary water conservation shall be in effect whenever the Utility Superintendent declares that the water supply or the capacity of the water works system to deliver water is approaching levels at which water rationing will be required to preserve the ability of the village to deliver a necessary amount of water to each water user; procedure for Stage 1 shall be as follows.

(a) The Utility Superintendent will make public announcements in the news media that Stage 1 Voluntary Water Conservation is in effect. The announcements will include a description of the provision in effect.

(b) Customers will be urged to conserve water in every way possible in their homes and in their businesses.

(c) Customers will be urged to avoid sprinkling their lawns and avoid watering gardens, shrubs or trees with a hose, unless the lawn, garden, shrubs or plants need water to avoid damage, and at any rate not oftener than every second day for not more than four hours a day.

(d) Customers shall not waste water. Waste water includes, but is not limited to:

1. Allowing water to pool or flow across the ground or into any drainage alley, such

as gutters, streets, alleys or storm drainages;

2. Applying water intended for irrigation to an impervious surface, such as a street,

parking lot, alley, sidewalk or driveway;

3. Failing to repair leaking or damaged irrigation components;


4. Watering landscaped areas during rain or high wind; and


5. Using water contrary to the terms of this section.


(2) Stage 2 - Water Rationing. Stage 2 Water Rationing will be in effect whenever total consumption exceeds 600,000 gallons for three consecutive days; the following requirements will be in effect.

(a) The Utility Superintendent will make public announcements through the news media concerning Stage 2 Water Rationing, whenever Stage 2 Water Rationing is in effect. The announcements will include a description of the provision in effect.



(b) No customer shall use water to sprinkle a lawn or use water through a hose to water any garden, tree or shrub, except between the hours of 8:00 p.m. and midnight or between the hours of 6:00 a.m. and 10:00 a.m. of any day on which sprinkling is permitted. Sprinkling shall be permitted on even-numbered calendar days at locations with even-numbered addresses and on odd-numbered calendar days at locations with odd-numbered addresses. These restrictions shall apply to all residences and all businesses and institutions having lawns, gardens, trees or shrubs and shall be followed at all parks and public buildings owned by the village. These restrictions shall not apply to any customer, firm or corporation engaged in the business of growing or selling plants of any kind, or the ownership and operation of public or private golf courses.

(c) No water shall be used from a hose to wash vehicles, except at places of business where vehicles are washed on every business day either with attendants, with automatic equipment or by self-service. Any person may wash vehicles with water from a bucket.

(d) No swimming pool shall be filled. Swimming pools that were filled before Stage 2 Water Rationing went into effect may have water added to make up losses through evaporation or splashing. Water lost through damage or through leaks in the pool may not be made up during Stage 2 Water Rationing.

(e) Customers shall be prohibited from operating any existing outdoor fountains or waterfalls that spray water into the air and shall be prohibited from operating any outdoor misting devices.

(f) Stage 2 Water Rationing shall continue until the Utility Superintendent determines the village=s water supply and capabilities to deliver water to the village residents is no longer at risk.

(3) Stage 3 - Water Rationing. Stage 3 Water Rationing will be in effect whenever total consumption exceeds 600,000 gallons for five consecutive days; the following requirements will be in effect.

(a) The Utility Superintendent will make public announcements that Stage 3 Water Rationing is in effect. The announcements will include a description of the restrictions.

(b) No customer shall use water to sprinkle a lawn or use water through a hose to water any garden, tree or shrub, except between the hours of 8:00 p.m. and midnight or between the hours of 6:00 a.m. and 10:00 a.m. of any day on which sprinkling is permitted. Sprinkling shall be permitted on Mondays at all locations with even-numbered addresses and on Thursdays at all locations with odd-numbered addresses. These restrictions shall apply to all residences and all businesses and institutions having lawns, gardens, trees or shrubs and shall be followed at all parks and public buildings owned by the village. These restrictions shall not apply to any customer, firm or corporation engaged in the business of growing or selling plants of any kind, or the ownership and operation of public or private golf courses.



(c) No water shall be used from a hose to wash vehicles, except at places of business where vehicles are washed on every business day either with attendants, with automatic equipment or by self-service. Any person may wash vehicles with water from a bucket.

(d) No swimming pool shall be filled and no water shall be added to any swimming pool.

(e) Customers shall be prohibited from operating any existing outdoor fountains or waterfalls that spray water into the air and shall be prohibited from operating any outdoor misting devices.

(f) Stage 3 Water Rationing shall continue until the Utility Superintendent determines the village=s water supply and capabilities to deliver water to the village residents is no longer at risk.

(4) Stage 4 - Water Rationing. Stage 4 Water Rationing shall be in effect whenever restrictions beyond Stage 3 Water Rationing are necessary so that no water customer inside the Village limits will be without water; the Utility Superintendent shall impose Stage 4 Water Rationing when, in his or her opinion, such restrictions are required under the terms of this division (A)(4), provided that the Village Board of Trustees will consider the action of the Utility Superintendent at the next meeting at which the matter may be considered, and the Village Board of Trustees may continue the Stage 4 Water Rationing in effect, continue it in effect with changes or discontinue Stage 4 Water Rationing; the following restrictions will be in effect.

(a) The Utility Superintendent will make public announcements that Stage 4 Water Rationing is in effect. The announcements will include a description of the restrictions.

(b) No water will be used for sprinkling lawns, and no water will be used from a hose to water any garden, shrubs or trees. These restrictions will not apply to any person, firm or corporation engaged in the business of growing or selling plants of any kind, or the ownership and operation of public or private golf courses.

(c) No water shall be used from a hose to wash vehicles, except at places of business where vehicles are washed on every business day either with attendants, with automatic equipment or by self-service. Any person may wash vehicles with water from a bucket.

(d) No swimming pool shall be filled and no water shall be added to any swimming pool.

(e) Customers shall be prohibited from operating any existing outdoor fountains or waterfalls that spray water into the air and shall be prohibited from operating any outdoor misting devices.

(f) It is the policy of the Village Board of Trustees to keep Stage 4 Water Rationing in effect for no longer than absolutely necessary. The Water Superintendent and Village Board of Trustees shall take steps to lift the Stage 4 Water Rationing restrictions as soon as lifting the restrictions will not result in any water user in the village limits being unable to get water.



(B) Enforcement of drought restrictions for Stage 2, Stage 3 and Stage 4. The customer (owner or occupant of the licensed premises) shall be responsible for complying with these restrictions. Those who violate any of the restrictions set out in Stage 2, 3 or 4 will be subject to the penalties in this provision.

(1) For the first violation of any restriction, the owner or occupant will be advised in writing and informed that a monetary charge will be added to the water bill for subsequent violations.

(2) For a second violation of any restriction at the same premises, the owner or occupant will be advised in writing and a $25 charge will be added to the water bill unless good cause is shown that the charge should not be added,

(3) For a third violation of any restriction at the same premises, the owner or occupant will be advised in writing and a $50 charge will be added to the water bill unless good cause is shown that the charge should not be added.

(C) Appeal process. Any customer subject to a charge for violation of the provisions of this section may appeal the charge in writing to the Village Board of Trustees. The Village Board of Trustees must receive the appeal within ten business days of the violation notice. The decision of the Village Board of Trustees on the matter shall be final.

(D) Reports and review of rationing. The Utility Superintendent will make reports to the Village Board of Trustees at least once a week while water rationing is in effect. The Village Board of Trustees will review the reports and consider any changes that may be desirable in the regulations set out in this section.

(E) Explanations. The Utility Superintendent will from time to time send along with monthly water bills an explanation of the regulations set out in this section.

(F) Penalty. The penalty provisions of ' 10.99 shall apply.

(G) Conflicts. The existing provisions of ' 54.16 shall remain in effect, but shall not pertain to matters more particularly set forth in this section and any other ordinances in conflict herewith are repealed. (1971 Code, ' 3-533) (Ord. 738, passed 6-14-2004) Penalty, see ' 10.99





WATER WELLS



' 54.40 DEFINITIONS.


For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DOMESTIC WATER WELL. One which is used solely for domestic purposes required for human need as it relates to health, fire control and sanitation.

IRRIGATION WATER WELL. One which is used primarily for the purpose of furnishing water to crops or any agricultural endeavor.

MANUFACTURING AND INDUSTRIAL WATER WELL. One which is used primarily in a commercial enterprise other than agricultural purposes. (1971 Code, ' 3-525) (Ord. 464, passed 7-10-1989)


' 54.41 PREFERENCES OF USE.


Preference in the use of underground water shall be given to those using the water for domestic purposes. They shall have preference over those claiming it for any other purposes. Those using the water for manufacturing or industrial purposes shall have preference over those using the water for agricultural purposes. (1971 Code, ' 3-526) (Ord. 464, passed 7-10-1989)


' 54.42 PERMITS.


(A) Any person or entity desiring to construct a water well within the corporate limits shall, prior to commencing any construction, file with the Municipal Clerk an application for a well permit. The application shall be in writing on a form furnished by the Municipal Clerk for that purpose. Every application shall set forth the legal description and any other available information describing the location, the name of the owner and occupant of the real estate, the name of the proposed contractor and any other information as may be requested thereon.



(B) The Village Board shall review the application and either deny or approve such application. The burden to prove that the proposed well meets the criteria below, and will be maintained, sampled and tested in compliance with this code is on the applicant. If the applicant is approved, a permit for the construction of such well shall be prepared by the Municipal Clerk. It shall be unlawful to commence or engage in the construction of any water well in the village until such time as a permit has been issued. Any person or entity, including any well contractor, who commences or engages in construction of a private domestic water well within the village, without first obtaining a valid permit from the village, shall be guilty of a misdemeanor, and upon conviction, shall be fined in an amount not exceeding $1,000 for each such offense.

(C) The application shall be denied, and a permit refused, upon a failure of the applicant to show that the water well will be maintained, tested and sampled in compliance with the municipal code in the future, and that none of the following disqualifications apply:

(1) The proposed water well will be located within 1,000 feet of a non-potable water well;

(2) The proposed water well will be located within 1,000 feet of a sewage lagoon;

(3) The proposed water well will be located within 1,000 feet of a private or public dump;

(4) The proposed water well will be located within 1,000 feet of a sanitary land fill;

(5) The proposed water well will be located within 1,000 feet of a septic tank;

(6) The proposed water well will be located within 500 feet of a cesspool;

(7) The proposed water well will be located within 500 feet of a feedlot, feedlot runoff or corral;

(8) The proposed water well will be located within 500 feet of a pit toilet;

(9) The proposed well will be located within 500 feet of any chemical or petroleum product storage;

(10) The proposed water well will be located within 500 feet of a sewage treatment plant;

(11) The proposed water well will be located within 500 feet of a sewage wet well;

(12) The proposed water well will be located within 500 feet of a public water supply well;

(13) The proposed water well will be located within 100 feet of a sanitary sewer connection;

(14) The proposed water well will be located within 100 feet of a sanitary sewer manhole;

(15) The proposed water well will be located within 50 feet of a sanitary sewer line;

(16) The proposed water well will be located within ten feet of a permanently watertight sanitary sewer line;



(17) The applicant has failed to show the ability or willingness to comply with the provisions of this code concerning the maintenance and operation of municipal wells; or

(18) Other information has come to the attention of the Board which indicates the proposed well may adversely impact upon the integrity, quality or quantity of the village public water supply or adversely impact upon the public health or safety of the village. (1971 Code, ' 3-527) (Ord. 464, passed 7-10-1989; Ord. 626, passed 11-9-1998)


' 54.43 WELL DRILLER DUTIES.


(A) Prior to commencing construction of a well within the municipality=s zone of jurisdiction, a well driller shall take those steps necessary to satisfy himself or herself that the person for whom the well is to be constructed has obtained a permit as required by ' 54.42. If a permit has not been obtained, the well driller may assist in obtaining the permit.

(B) All well drillers shall perform their work in a workmanlike manner and shall conform to the normal standards of construction in the well drilling industry. (1971 Code, ' 3-528) (Ord. 464, passed 7-10-1989)


' 54.44 DOMESTIC WELLS; SAFETY AND TESTING/FINANCIAL RESPONSIBILITY.


From and after December 1, 1998, it shall be unlawful to maintain any private domestic water well within the corporate limits of the village, which is not in compliance with the following requirements in addition to the other provisions of the municipal code and state law.

(A) Any person, firm or corporation owning, maintaining or using any domestic water well within the corporate limits of the village shall at once make, or cause to be made, and file with the Village Clerk a good and sufficient bond, payable to the village in the sum of $100,000, conditioned upon full and complete compliance with the requirements of this section and other provisions of the municipal code relating to private water wells, and conditioned upon the said person, firm or corporation safely plugging the said well upon abandonment (or failure to comply with regulations concerning operation) in full compliance with all current safety standards or provisions of law in existence at that time. The bond shall be written by a corporate surety licensed in the state, and in a form acceptable to the Village Clerk.



(B) Each calendar quarter, every private domestic water well within the corporate limits shall be sampled and tested for each of the contaminants for which public water supply systems are required to sample and test under the Nebraska Department of Health Regulations Concerning Public Water Supply Systems, 179 NAC 2, as amended from time to time. Sampling and testing shall be done at the expense of the person, firm or corporation owning or maintaining the well. Sampling shall only be performed by a person holding a current Grade V (or higher) Water Operator Certificate of Competency from the Nebraska Department of Health. All testing shall be done by laboratories approved by the State Department of Health for conducting tests of water sampling for public water supply systems. Documentary proof of sampling and testing shall be supplied to the Village Clerk immediately upon receipt.

(C) Each private domestic water well within the corporate limits shall have on file with the Village Clerk current proof of compliance with the sampling and testing requirements. The results of testing shall show conclusively that the water from such well does not contain any contaminant in excess of the maximum contaminant levels set by 179 NAC 2.

(D) Any private domestic water well failing to sample or test as required herein, or failing to have on file current test results confirming that the produced water does not exceed any of the maximum contaminant levels set in 179 NAC 2, is hereby declared to be a danger to public health, and a nuisance. It shall not be used in any manner, for any purpose, until proof of compliance with the requirements of sampling, testing and proof of absence of contamination have been provided to the Village Clerk.

(E) The Village Board may declare any water well for which a bond is not on file to secure financial responsibility as required herein, or which is otherwise not in compliance with the municipal code, to be a nuisance, order the owner or operator to forthwith cease using said well, and to submit immediately proof of compliance with the requirements of the municipal code. Upon the failure of the owner or operator of the said private domestic water well to comply with these provisions of the municipal code, any such well may be ordered to be plugged.

(F) In addition to any other remedies, the village may pursue a suit in equity to enjoin the maintenance, use or operation of any water well not in compliance with the municipal code, or seek an order requiring it to be plugged. (1971 Code, ' 3-532) (Ord. 627, passed 11-9-1998) Penalty, see ' 10.99





CHAPTER 55: SEWER



Section

General Provisions

55.01 Purpose

55.02 Definitions

55.03 Unlawful deposit of wastes

55.04 Unlawful discharge of untreated sewage

55.05 Cesspools; privies and septic tanks prohibited

55.06 Mandatory hookup

55.07 When applicable

55.08 Private sewage disposal system; permit required; fee

55.09 Permit; inspections

55.10 Specifications for private sewage disposal system

55.11 Maintenance

55.12 Additional requirements

55.13 Availability of public sewer

55.14 Bond

55.15 Repairs and replacement

55.16 Prohibited discharges; stormwater, surface water, groundwater, cooling water and process

water

55.17 Hazardous and prohibited discharges; preliminary treatment

55.18 Specific prohibitions as determined by Superintendent

55.19 Rejection, pretreatment, control of discharge rate or use fee surcharge

55.20 Grease, oil and sand interceptors; when required

55.21 Preliminary treatment or flow-equalizing facilities; maintenance by owner

55.22 Control manholes/sampling stations; when required; installation and maintenance

55.23 Method

55.24 Special exceptions; use fee surcharge

55.25 Sanitary supply system; destruction of property

55.26 Compliance with chapter; inspections generally

55.27 Inspections; injury liability

55.28 Inspections; easements

55.29 Sewer contract

55.30 Service contracts

55.31 Classification

55.32 Rate setting


55.33 Billing; discontinuance; notice procedure

55.34 Lien

55.35 Service to nonresidents

55.36 Violation; notice and liability

55.37 Validity


Building Sewer Installation

55.50 Permit required

55.51 Classification; permit application, fee

55.52 Expense

55.53 Single premises

55.54 Use of existing sewers

55.55 Construction codes

55.56 Unlawful connection

55.57 Inspections

55.58 Excavations


55.99 Penalty




GENERAL PROVISIONS



' 55.01 PURPOSE.


It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the village to collect charges from all users who contribute wastewater to the village=s treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works. (1971 Code, ' 3-601) (Ord. 408, passed 5-13-1985)


' 55.02 DEFINITIONS.


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOD (denoting BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20?C. expressed in milligrams per liter.



BUILDING DRAIN. The part of the lowest horizontal piping of drainage system which receives the discharge from soil, waste or other drainage pipes inside the walls of the building and conveys it to the building sewer.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, beginning five feet (one and one-half meters) outside the inner face of the building wall.

COMBINED SEWER. A sewer receiving both surface runoff and sewage.

GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

OPERATION AND MAINTENANCE. All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

PERSON. Any individual, firm, company, association, society, corporation or group.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term Aoperation and maintenance@ includes REPLACEMENT.

SANITARY SEWER. Includes a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.



SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and storm waters as may be present.

SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.

SEWER. A pipe or conduit for carrying sewage.

SHALL. Mandatory; the term MAY is permissive.

SS (denoting SUSPENDED SOLIDS). Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

STORM DRAIN (sometimes termed STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUPERINTENDENT. The Superintendent of Sewage Works and/or of Water Pollution Control of the Village of Trenton, Nebraska, or his or her authorized deputy, agent or representative.

USER CHARGE. The portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently. (1971 Code, ' 3-602) (Ord. 408, passed 5-13-1985)


' 55.03 UNLAWFUL DEPOSIT OF WASTES.


It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the village, or in any area under the jurisdiction of said municipality, any human or animal excrement, garbage or other objectionable waste. (1971 Code, ' 3-603) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99




' 55.04 UNLAWFUL DISCHARGE OF UNTREATED SEWAGE.


It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of said municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (1971 Code, ' 3-604) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.05 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. (1971 Code, ' 3-605) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.06 MANDATORY HOOK-UP.


The owner of all houses, buildings or properties used for human employment, recreation or other purposes, situated within the municipality and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the municipality, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so; provided, that said public sewer is within 200 feet (61.0 meters) of the property line. (1971 Code, ' 3-606) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.07 WHEN APPLICABLE.


(A) Where a public sanitary or combined sewer is not available under the provisions of ' 55.06, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.

(B) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in ' 55.06, a direct connection shall be made to the public sewer within 60 days in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. (1971 Code, ' 3-607) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.08 PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT REQUIRED; FEE.




Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the municipality, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $75 shall be paid to the municipality at the time the application is filed. (1971 Code, ' 3-608) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.09 PERMIT; INSPECTIONS.


A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the 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 Superintendent. (1971 Code, ' 3-609) (Ord. 408, passed 5-13-1985)


' 55.10 SPECIFICATIONS FOR PRIVATE SEWAGE DISPOSAL SYSTEM.


The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state. (1971 Code, ' 3-610) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.11 MAINTENANCE.


The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the municipality. (1971 Code, ' 3-611) (Ord. 408, passed 5-13-1985)


' 55.12 ADDITIONAL REQUIREMENTS.


No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. (1971 Code, ' 3-612) (Ord. 408, passed 5-13-1985)


' 55.13 AVAILABILITY OF PUBLIC SEWER.


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. (1971 Code, ' 3-613) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99




' 55.14 BOND.


As a condition of being permitted to do the work authorized by this chapter, the village may require the customer to put up a bond guaranteeing that all such work, including excavations, if not actually done by the village, shall be performed in a workmanlike manner. The village may also require the customer to provide evidence of liability insurance covering the making and filling of any excavations in public ways. (1971 Code, ' 3-623) (Ord. 408, passed 5-13-1985)


' 55.15 REPAIRS AND REPLACEMENT.


The village shall repair or replace, as the case may be, 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, that the same have been previously approved by the governing body. (1971 Code, ' 3-624) (Ord. 408, passed 5-13-1985)


' 55.16 PROHIBITED DISCHARGES; STORMWATER, SURFACE WATER,

GROUNDWATER, COOLING WATER AND PROCESS WATER.


(A) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water or unpolluted industrial waters to any sanitary sewer, unless approved by the Superintendent pursuant to this chapter.

(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 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. (1971 Code, ' 3-625) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.17 HAZARDOUS AND PROHIBITED DISCHARGES; PRELIMINARY TREATMENT.


No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(A) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;



(B) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;

(C) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; or

(D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders. (1971 Code, ' 3-626) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.18 SPECIFIC PROHIBITIONS AS DETERMINED BY SUPERINTENDENT.


(A) (1) No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance.

(2) In forming his or her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent factors.

(B) The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150?F (65?C);

(2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32?F and 150?F (0 and 65? C);

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent;

(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated. plating solutions whether neutralized or not;



(5) Any water or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials;

(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations;

(8) Any waters of wastes having a pH in excess of 9.5;

(9) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller=s earth, lime slurries and lime residues) or of dissolved solids, (such as but not limited to, sodium chloride or sodium sulfate);

(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(c) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; or

(d) Unusual volume of flow or concentration of wastes constituting Aslugs@ as defined herein.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; or

(11) Any water or wastes having:

(a) A five-day BOD greater than 300 parts per million by weight;

(b) Containing more than 350 parts per million by weight of suspended solids; or



(c) Having an average daily flow greater than 2% of the average sewage flow of the village, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:

1. Reduce the biochemical oxygen demand to 300 parts per million by weight;


2. Reduce the suspended solids to 350 parts per million by weight; or


3. Control the quantities and rates of discharge of such waters or wastes. Plans,

specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (1971 Code, ' 3-627) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.19 REJECTION, PRETREATMENT, CONTROL OF DISCHARGE RATE OR USE

FEE

SURCHARGE.


(A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in ' 55.17, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) 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 ' 55.23.

(B) If the 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 Superintendent, and subject to the requirements of all applicable codes, ordinances and laws. (1971 Code, ' 3-628) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99




' 55.20 GREASE, OIL AND SAND INTERCEPTORS; WHEN REQUIRED.


Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. (1971 Code, ' 3-629) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.21 PRELIMINARY TREATMENT OR FLOW-EQUALIZING FACILITIES;

MAINTENANCE BY OWNER.


Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. (1971 Code, ' 3-630) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.22 CONTROL MANHOLES/SAMPLING STATIONS; WHEN REQUIRED;

INSTALLATION AND MAINTENANCE.


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 accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times. (1971 Code, ' 3-631) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.23 METHOD.




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 control manhole provided, or upon suitable samples taken at said control manhole. In the event no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.) (1971 Code, ' 3-632) (Ord. 408, passed 5-13-1985)


' 55.24 SPECIAL EXCEPTIONS PERMITTED; USE FEE SURCHARGE.


No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment, subject to payment therefor, by the industrial concern. (1971 Code, ' 3-633) (Ord. 408, passed 5-13-1985)


' 55.25 SANITARY SUPPLY SYSTEM; DESTRUCTION OF PROPERTY.


No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be deemed guilty of a misdemeanor. (1971 Code, ' 3-634) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.26 COMPLIANCE WITH CHAPTER; INSPECTIONS GENERALLY.


The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing system in accordance with the provisions of this chapter. The Superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (1971 Code, ' 3-635) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.27 INSPECTIONS; INJURY LIABILITY.


While performing the necessary work on private properties referred to in ' 55.25, the Superintendent or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the company. (1971 Code, ' 3-636) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99




' 55.28 INSPECTIONS; EASEMENTS.


The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all private properties through which the municipality holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (1971 Code, ' 3-637) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.29 SEWER CONTRACT.


(A) The rules, regulations and sewer rental rates hereinafter named in this chapter, 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) 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 constitute a contract between the customer and the municipality to which said contract both parties are bound.

(C) If the customer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Sewer Commissioner, or his or her agent, may cut off or disconnect the sewer service from the building or premises of such violation.

(D) No further connection for sewer service to said building or premises shall again be made save or except by order of the Commissioner or his or her agent. (1971 Code, ' 3-638) (Ord. 408, passed 5-13-1985) Statutory reference: Related provisions, see Neb. RS 17-901, 17-902, 18-503


' 55.30 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 contract. 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 or she shall at once inform the Sewer Commissioner who shall cause the sewer service to be shut off from the said premises. If the customer should fail to give notice, he or she shall be charged for that period of time until the official in charge of sewers is otherwise advised of such circumstances. (1971 Code, ' 3-639) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99 Statutory reference: Related provisions, see Neb. RS 17-901 17-902, 18-503




' 55.31 CLASSIFICATION.


The governing body may classify for the purpose of rental fees the customers of the Municipal Sewer Department; provided, that such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers. (1971 Code, ' 3-640) (Ord. 408, passed 5-13-1985) Statutory reference: Related provisions, see Neb. RS 17-925.02


' 55.32 RATE SETTING.


(A) Customers of the Municipal Sewer Department shall be charged the following flat rates for the use of the sewer service.

(B) These rates shall take precedence over any terms, conditions of agreements or contracts between the village and customers.

(1) All accounts shall be charged a customer charge of $7 per month. In addition to the customer charge, a usage fee shall be charged in the amount of $1.50 per month for each 1,000 gallons of usage, or any part thereof.

(2) Sanitary sewer usage shall be determined from the actual usage for the three monthly readings for the winter cycle of December to March. The average monthly usage from these readings shall be used to set the rates for that account for the next 12 months. Sewer usage rates shall be reviewed annually after the winter cycle water readings are completed.

(3) These rates shall be implemented with the commencement of the November 18, 2014 billing cycle. Initial sewer usage fees for all shall be established based upon the winter cycle water usage readings for the previous year. The sewer usage fees for any new account, without a winter cycle usage record, shall be based upon estimated water usage for that account from historical usage data, taking into consideration the number of residents, or the nature of the business.

(4) The governing body shall review use charges annually and revise them periodically to reflect actual operation and maintenance costs and capital expenditure needs. The sewer use fees will be revised as necessary to generate adequate revenues to pay the costs of the operation, maintenance, replacement and debt retirement. (1971 Code, ' 3-641) (Ord. 408, passed 5-13-1985; Ord. 650, passed 11-8-1999; Ord. 657, passed 12-11-2000; Ord. 781, passed 11-4-2014)




' 55.33 BILLING; DISCONTINUANCE; NOTICE PROCEDURE.


(A) Users of the wastewater treatment facilities will be notified, at least annually, with a bill, of the rate.

(B) Bills shall be due on the first day of the following month, and shall be payable by the tenth of the same month. Bills paid after the tenth day of the month shall be considered delinquent, and shall have a penalty charge of 10% of such bill added thereto.

(C) Upon being deemed to be delinquent, as herein defined, the Municipal Clerk shall give a written notice to the customer of such delinquency, and shall demand payment immediately.

(D) In the event that the bill is not paid within 60 days after it becomes due, it shall be discretionary with the Utilities Superintendent to discontinue sewer service at any time, as herein provided.

(E) Before the Superintendent shall discontinue service to any domestic customer, he or she shall first give such customer written notice by mail at least seven days prior to termination.

(F) As to any customer who has previously been identified as a welfare recipient to the municipality by the County Welfare Department, such notice shall be by certified mail, and notice of such proposed termination shall be given to the County Welfare Department.

(G) The Utilities Superintendent shall assess an additional fee set by resolution of the governing body and on file at the office of the Municipal Clerk in the event that sewer service is discontinued for the non-payment of any sewer bill, to compensate the municipality for the additional hook-up necessary to again provide sewer service to the delinquent customer. (1971 Code, ' 3-642) (Ord. 408, passed 5-13-1985)


' 55.34 LIEN.


In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality 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 furnished. The Municipal Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of sewer rent. It shall be the duty of the Utilities Superintendent on June 1 of each year to report to the governing body a list of all unpaid accounts due for sewer service together with a description of the premises served. The report shall be examined, and if approved by the governing body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law. (1971 Code, ' 3-643) (Ord. 408, passed 5-13-1985) Statutory reference: Related provisions, see Neb. RS 17-925.01



' 55.35 SERVICE TO NONRESIDENTS.


Any person whose premises is located outside the corporate limits of the municipality and who desires to install a house or building sewer that will be connected with the municipal sewer system, shall file a written application with the Municipal Clerk for a permit for such connection and setting forth the name of the owner, occupant or lessee of the premises, the use to which the premises is devoted, and such other information as the governing body may require. (1971 Code, ' 3-644) (Ord. 408, passed 5-13-1985) Statutory reference: Related provisions, see Neb. RS 19-2701


' 55.36 VIOLATION; NOTICE AND LIABILITY.


(A) Any person found to be violating any provision of this chapter, except ' 55.24, shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(B) Any person violating any of the provisions of this chapter shall become liable to the municipality for any expense, loss or damage occasioned the municipality by reason of such violation. (1971 Code, ' 3-645) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.37 VALIDITY.


If for any reason any of the rates for sewer use imposed under this chapter shall be found or determined to be invalid or unenforceable, the municipality shall be entitled to receive and collect from all users of the municipal sewer system a reasonable rate or charge for the use of such system, which rate or charge may be collected by legal action. (1971 Code, ' 3-647) (Ord. 408, passed 5-13-1985)



BUILDING SEWER INSTALLATION



' 55.50 PERMIT REQUIRED.


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 Superintendent. (1971 Code, ' 3-614) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99




' 55.51 CLASSIFICATION; PERMIT APPLICATION, FEE.


(A) There shall be two classes of building sewer permits:

(1) For residential and commercial service; and

(2) For service to establishments producing industrial wastes.

(B) In either case, the owner or his or her agent shall make application on a special form furnished by the municipality.

(C) The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.

(D) A permit and inspection fee of $75 for a residential or commercial building sewer permit and $75 for an industrial building sewer permit shall be paid to the municipality at the time the application is filed. (1971 Code, ' 3-615) (Ord. 408, passed 5-13-1985)


' 55.52 EXPENSE.


All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the municipality from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (1971 Code, ' 3-616) (Ord. 408, passed 5-13-1985)


' 55.53 SINGLE PREMISES.


A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (1971 Code, ' 3-617) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.54 USE OF EXISTING SEWERS.


Old building sewers may be used in connection with new buildings only wh en they are found, on examination and test by the Superintendent, to meet all requirements of this chapter. (1971 Code, ' 3-618) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99




' 55.55 CONSTRUCTION CODES.


(A) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(B) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(C) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W P.C.F. Manual of Practice No. 9.

(1) All such connections shall be made gas-tight and water-tight, and verified by proper testing.

(2) Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. (1971 Code, ' 3-619) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.56 UNLAWFUL CONNECTION.


No person shall make connection of roof downspouts, interior and exterior foundation 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 indirectly to a public sanitary sewer. (1971 Code, ' 3-620) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99


' 55.57 INSPECTIONS.


The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent or his or her representative. (1971 Code, ' 3-621) (Ord. 408, passed 5-13-1985)




' 55.58 EXCAVATIONS.


All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the municipality. 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 may finish or connect the work, and all expenses so incurred shall be charged to the owner, occupant or lessee of the property. (1971 Code, ' 3-622) (Ord. 408, passed 5-13-1985) Penalty, see ' 55.99



' 55.99 PENALTY.


Any person who shall continue any violation beyond the time limit provided in this chapter, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding $500 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense. (1971 Code, ' 3-646) (Ord. 408, passed 5-13-1985)





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