Article 7. Sewer Department

§3-701   Falls City Code   §3-751

Article 7. Sewer Department

§3-701    MUNICIPAL SEWER DEPARTMENT; SEWER CONTRACT.  The Municipality through the Municipal Sewer Department shall furnish sewer services to persons within its corporate limits whose premises abut a street or alley in which a commercial main is now or may hereafter be laid.  The Municipality may also furnish sewer service to persons whose premises are situated outside the corporate limits of the Municipality, as and when, according to law, the Governing Body may see fit to do so.  The rules, regulations, and sewer rental rates hereinafter named in this Article, 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.  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.  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 Utilities Superintendent, or his agent, may cut off or disconnect the sewer service from the building or premise of such violation.  No further connection for sewer service to said building or premise shall again be made save or except by order of the Utilities Superintendent or his agent.  (Ref.  17-901, 17-902 RS Neb.)

§3-702    MUNICIPAL SEWER DEPARTMENT; DEFINITION OF TERMS.  Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:

"BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) C., expressed in milligrams per liter.

"BUILDING DRAIN"  shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, or other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the inner face of the building wall.

"BUILDING SEWER"  shall mean the extension from the building drain to the public sewer or other place of disposal.   

"COMBINED SEWER"  shall mean a sewer receiving both surface runoff and  sewage. 

"GARBAGE"  shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

"INDUSTRIAL WASTES"  shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.  

"NATURAL OUTLET"  shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. 

"NORMAL DOMESTIC WASTEWATER" shall mean wastewater that has a BOD concentration of not more than 230 mg/l and a suspended solids concentration of not more than 260 mg/l.  

"OPERATION AND MAINTENANCE" shall mean 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"  shall mean any individual, firm, company, association, society,  corporation, or group. 

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

"PROPERLY SHREDDED GARBAGE" shall mean 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 (1/2") (1.27 centimeters) in any dimension.

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

"REPLACEMENT" shall mean 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 "Operation and Maintenance" includes replacement.   

"RESIDENTIAL CONTRIBUTOR" shall mean any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only. 

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

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

"SEWAGE TREATMENT PLANT" shall mean any arrangement of devices and structures used for treating sewage. 

"SEWAGE WORKS" shall mean all facilities for collecting, pumping, treating and disposing of sewage.

"SEWER" shall mean a pipe or conduit for carrying sewage.

"SHALL"  is mandatory; the term "May" is permissive.

"SLUG"  shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

"SS" (denoting Suspended Solids) shall mean 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") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

"SUPERINTENDENT"  shall mean the Public Works Director of the City of Falls City, or his authorized deputy, agent, or representative.

"SUSPENDED SOLIDS" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and are removable by laboratory filtering.   

"TREATMENT WORKS" shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes.  These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste.   

"USEFUL LIFE" shall mean the estimated period during which a treatment works will be operated.

"USER CHARGE" shall mean that 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.  

"WATER METER" shall mean a water volume measuring and recording device, furnished and/or installed by the City of Falls City or furnished and/or installed by a user and approved by the City of Falls City.  

"WATERCOURSE" shall mean a channel in which a flow of water occurs either continuously or intermittently. (Ord. #2008-109)

§3-703    MUNICIPAL SEWER DEPARTMENT; OPERATION AND FUNDING.  The Municipality owns and operates the Municipal Sewer System through the Utilities Superintendent.  The Governing Body, for the purpose of defraying the cost of the management and maintenance of the Municipal Sewer System may each year levy a tax not exceeding the maximum limit prescribed by State law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation.  The revenue from the said tax shall be known as the Sewer Maintenance Fund.  The Utilities Superintendent shall have the direct management and control of the Sewer Department and shall faithfully carry out the duties of his office.  He shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Department subject to the supervision and review of the Governing Body.  (Ref.  17-149, 17-925.01, 18-501 through 18-510, 16-667 through 16-671 RS Neb.)    

§3-704    MUNICIPAL SEWER DEPARTMENT; APPLICATION FOR PERMIT.  Any person wishing to connect with the Sewer System shall make an application therefor to the Utilities Superintendent.  Sewer service may not be supplied to any house or building except upon the written order of the Utilities Superintendent.  The Department shall not supply sewer service to any person outside the corporate limits without special permission from the Governing Body; Provided, that the entire cost of pipe and other installation charges shall be paid by such consumers.  Nothing herein shall be construed to obligate the Municipality to provide sewer service to nonresidents.  (Ref.  17-149, 19-2701 RS Neb.)   

§3-705    PUBLIC SEWERS REQUIRED; 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 City of Falls City or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. 

§3-706    PUBLIC SEWERS REQUIRED; UNLAWFUL DISCHARGE OF UNTREATED SEWAGE.  It shall be unlawful to discharge to any natural outlet within the City of Falls City, or in any area under the jurisdiction of said Municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.

§3-707    PUBLIC SEWERS REQUIRED; CESSPOOLS, PRIVIES AND SEPTIC TANKS PROHIBITED.  Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

§3-708    PUBLIC SEWERS REQUIRED; 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 City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article within ninety (90) days after date of official notice to do so; Provided, that said public sewer is within one hundred feet (100') of the property line.  (Ref.  17-149, 17-149.01 RS Neb.)    

§3-709    PRIVATE SEWAGE DISPOSAL; WHEN APPLICABLE.  Where a public sanitary or combined sewer is not available under the provisions of section 3-708, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this  Article.

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 3-708, a direct connection shall be made to the public sewer in compliance with this Article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.

§3-710    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 City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Utilities Superintendent.  A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the City at the time the application is filed.      

§3-711    PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT, WHEN EFFECTIVE; 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 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 forty-eight (48) hours of the receipt of notice by the Superintendent.

§3-712    PRIVATE SEWAGE DISPOSAL SYSTEM; SPECIFICATIONS.  The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Nebraska Department of Environmental Quality.  No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities when the area of the lot is less than six thousand (6,000) square feet.  No septic tank or cesspool shall be permitted to discharge to any natural outlet. 

§3-713    PRIVATE SEWAGE DISPOSAL SYSTEM; MAINTENANCE.  The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

§3-714    PRIVATE SEWAGE DISPOSAL SYSTEM; ADDITIONAL REQUIREMENTS.  No statement contained in sections 3-705 through 3-715 shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. 

§3-715    PRIVATE SEWAGE DISPOSAL; PUBLIC SEWER AVAILABLE.  When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

§3-716    MUNICIPAL SEWER DEPARTMENT; LICENSED PLUMBER.  It shall be unlawful for any person, firm, or corporation to engage in or conduct the business of sewer connection and house drainage, excavate any trenches for sewer pipe, open, uncover, or in any manner make connection with or lay any sewer drain, or attach to, modify, or repair any appurtenances thereto without holding a Municipal Plumber's License and without complying with the rules and regulations of the Utilities Superintendent; Provided, that nothing herein shall be construed to apply to persons, firms, or corporations under special contract with the Municipality for the construction, extension, or repair of the Municipal Sewer System.

§3-717    MUNICIPAL SEWER DEPARTMENT; PLUMBER'S LIABILITY.  The licensed plumber or drain layer who connects with the public sewer shall be held responsible for any damage he may cause to the sewers or the public ways and property.  He shall restore to the complete satisfaction of the Utilities Superintendent all streets that he has excavated and make good any settlement of the ground or pavement caused by his excavations.

§3-718  BUILDING SEWER INSTALLATION; 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. 

§3-719    BUILDING SEWER INSTALLATION; CLASSIFICATION; PERMIT APPLICATION, FEE.  There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes.  In either case, the owner or his agent shall make application on a special form furnished by the City.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent.  A permit and inspection fee of twenty-five dollars ($25.00) for a residential or commercial building sewer permit and fifty dollars ($50.00) for an industrial building sewer permit shall be paid to the City at the time the application is filed.

§3-720    BUILDING SEWER INSTALLATION; 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 City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.  

§3-721    BUILDING SEWER INSTALLATION; SINGLE PREMISE.  A separate and independent building sewer shall be provided for every building; except where one (1) 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 (1) building sewer. 

§3-722    BUILDING SEWER INSTALLATION; USE OF EXISTING SEWERS.  Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Article. 

§3-723    BUILDING SEWER INSTALLATION; CONSTRUCTION CODES.  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.

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.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Municipality, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.  All such connections shall be made gastight and watertight, and verified by proper testing.  Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.  

§3-724    BUILDING SEWER INSTALLATION; UNLAWFUL CONNECTION.  No person shall make connection of roof down spouts, 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. 

§3-725    BUILDING SEWER INSTALLATION; 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 representative.

§3-726    BUILDING SEWER INSTALLATION; 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 City.

§3-727    MUNICIPAL SEWER SYSTEM; REPAIRS AND REPLACEMENT.  The Municipal Sewer Department may require the owner of any property which is within the Municipality and connected to the public sewers or drains to repair or replace any connection line which serves the owner's property and is broken, clogged or otherwise in need of repair or replacement.  The property owner's duty to repair or replace such a connection line shall include those portions upon the owner's property and those portions upon public property or easements up to and including the point of junction with the public main.

The Municipal Clerk shall give the property owner notice by registered letter or certified mail, directed to the last known address of such owner or the agent of such owner, directing the repair or replacement of such connection line.  If within thirty (30) days of mailing such notice the property owner fails or neglects to cause such repairs or replacements to be made, the Utilities Superintendent may cause such work to be done and assess the cost upon the property served by such connection.  (Ref.  18-1748 RS Neb.)   

§3-728    USER CHARGE SYSTEM; PURPOSE.  It is determined and declared to be necessary and conductive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City'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.

§3-729    USER CHARGE SYSTEM; GENERATION OF REVENUES.  The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system.  That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this section.    

That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in section 3-730, shall be deposited in a separate nonlapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:

a.  An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).

b.   An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account).  Deposits in the Replacement Account  shall be made quarterly from the operation, maintenance and replacement revenue in the amount of seventeen thousand forty-five dollars ($17,045.00) annually.

Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts.  Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement.  The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

§3-730    USER CHARGE SYSTEM; RATES.  Each user shall pay for the services provided by the City based on his use of the treatment works as determined by water meter(s) acceptable to the City. 

For residential contributors, quarterly user charges will be based on quarterly water usage during the months of January, February and March.  If a residential contributor has not established a January, February and March average, his quarterly user charge shall be the median charge of all other residential contributors.  

For industrial and commercial contributors, user charges shall be based on water used during the current month.  If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the City.

(Reference is made to Appendix A of ordinance 81-117 on file.)

The minimum charge per quarter shall be one dollar sixty-two cents ($1.62).  In addition, each contributor shall pay a user charge rate for operation and maintenance including replacement of forty-six cents (46¢) per 1000 gallons of water (or wastewater) as determined in the preceding section and an additional thirty-two cents (32¢) per 1000 gallons of water (or wastewater) for debt retirement.

(Reference is made to Appendix A).   

Industrial contributors who may contribute wastewater of greater concentration than normal domestic sewage shall be metered at a sampling manhole which shall be installed and maintained as hereinbefore provided:    

Billing shall be as follows:

Minimum charge (monthly) -- $0.54 per month

Flow (including 230 mg/l BOD and 260 mg/l Suspended Solids)  - $0.78 per 1000 gallons 

BOD Surcharge  

          $.0009 per 1000 gal. per mg/l of BOD over 230 mg/l Suspended Solids Surcharge  

          $.0006 per 1000 gal.  per mg/l of S.S. over 260   mg/l plus cost of metering and testing

Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs.  The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the City Council.

The user charge rates established in this section apply to all users, regardless of their location, of the City's treatment works.

§3-731    USER CHARGE SYSTEM; REVIEW.  The City will review the user charge system at least every two (2) years, and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.

§3-732    MUNICIPAL SEWER DEPARTMENT; LIEN.  In addition to all other remedies, if a customer shall for any reason remain indebted to the Municipality for sewer service furnished, the 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 served.  The delinquent sewer rent shall be placed upon the assessment rolls for collection as a special tax.  It shall be the duty of the Utilities Superintendent to report to the Governing Body on June 1, of each year a list of all unpaid accounts due for sewer service, together with a description of the real estate served.  The report shall be examined, and if approved by the Governing Body, shall be certified by the Municipal Clerk to the County Clerk in the same manner as for the collection of other special taxes to be collected by the County Treasurer.  (Ref.  17-925.01, 18-503 RS Neb.)

§3-733    MUNICIPAL SEWER DEPARTMENT; BILLING.  Sewer bills shall be due and payable monthly at the Office of the Utilities Superintendent.  It shall be the duty of customers of the Sewer Department to present payment monthly at the Office of the Superintendent to pay their bills.  The Utilities Superintendent shall charge and collect from each consumer for the amount of sewer service used since the last examination, together with any other charges, properly itemized, due the Sewer Department.  Nonresidents shall be charged at the same rate for sewer as residents.  Bills shall be due on the first (1st) day of each month and shall be payable by the fifteenth (15th) day of each month.  Bills not paid on or before the fifteenth (15th) of each month shall be deemed to be delinquent.  There shall be a five percent (5%) penalty added on to any bill deemed to be delinquent as herein defined.  In the event that any bill is not paid when the same has been deemed to be delinquent, the Utilities Superintendent shall give a written notice as provided in section 3-1102 of this Code.  The Utilities Superintendent shall faithfully account for and pay to the Municipal Treasurer all revenue collected by him, taking his receipt therefor.  In the event the sewer is shut off for the nonpayment of any sewer bill, there shall be assessed an additional fee set by resolution of the Governing Body to compensate the Municipality for the additional hookup necessary to again provide water and/or sewer service to the delinquent customer.  (Ref.  17-925.01, 70-1605 RS Neb.)

§3-734    MUNICIPAL SEWER DEPARTMENT; 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 premise where service is furnished, or if the said premise is destroyed by fire or other casualty, he shall at once inform the Utilities Superintendent who shall cause the sewer service to be shut off from the said premise.  If the customer should fail to give notice, he shall be charged for that period of time until the official in charge of sewers is otherwise advised of such circumstances.

§3-735    PROHIBITED DISCHARGES; STORM WATER, SURFACE WATER, GROUNDWATER, COOLING WATER AND PROCESS WATER.  No person shall discharge or cause to be discharged any Storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial waters to any sanitary sewer.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent.  Industrial cooling water or unpolluted process water may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.  

§3-736    HAZARDOUS AND PROHIBITED DISCHARGES; FLAMMABLE, TOXIC, CORROSIVE AND OBSTRUCTIVE SUBSTANCES.  No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1.   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.  

2.  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 sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.   

3.  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.

4.  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 works 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, etc., either whole or ground by garbage grinders.    

§3-737    HAZARDOUS AND PROHIBITED DISCHARGES; SPECIFIC PROHIBITIONS AS DETERMINED BY SUPERINTENDENT.  No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming his 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.  The substances prohibited are:

1.   Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit  (150°F) (65° degrees C).

2.  Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees  (32°) and one hundred fifty degrees Fahrenheit (150°) (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 (3/4) 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.   

d. Unusual volume of flow or concentration of wastes constituting "slugs" 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.

11.  Any waters or wastes having:

a)   a five (5) day BOD greater than 230 parts per million by weight or,   

b)   containing more than 260 parts per million by weight of suspended solids, or   

c)   having an average daily flow greater than two percent (2%) of the average sewage low of the City, shall be subject to the re view of the Superintendent. 

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

a)   reduce the biochemical oxygen demand to 300 parts per million by  weight, or 

b)   reduce the suspended solids to 350 parts per million by weight, or   

c)   control the quantities and rates of discharge of such waters or wastes. 

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

§3-738    DISCHARGE OF HAZARDOUS AND PROHIBITED SUBSTANCES; REJECTION, PRETREATMENT, CONTROL OF DISCHARGE RATE OR USE FEE SURCHARGE.  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 section 3-737, 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 section 3-730.

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.    

§3-739    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.

§3-740    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 expense.

§3-741   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 expense, and shall be maintained by him so as to be safe and accessible at all times.

§3-742    CONTROL MANHOLES/SAMPLING STATIONS; METHOD.  All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Article, shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  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 analysis involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken.  Normally, but not always, BOD and suspended solids analysis are obtained from twenty-four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples.

§3-743    HAZARDOUS AND PROHIBITED SUBSTANCES; SPECIAL EXCEPTIONS PERMITTED; USE FEE SURCHARGE.  No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the Municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Municipality for treatment, subject to payment therefor, by the industrial concern. 

§3-744    SANITARY SUPPLY SYSTEM; DESTRUCTION OF PROPERTY.  No person or persons shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater facilities.  Any person or persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct.  

§3-745    MUNICIPAL SEWER DEPARTMENT; INSPECTIONS.  The Utilities Superintendent or his authorized agents, shall have free access at any reasonable time to all parts of each premise and building which is connected with the Sewer System to ascertain whether there is any disrepair or violations of this Article therein.  During the time of the installation of sewer service to any premise, it shall be unlawful to cover any sewer pipe or appurtenance necessary to provide sewer service until reasonable notice shall have been given to the Utilities Superintendent to inspect the installation of the same.  Unless waived in part by the Utilities Superintendent, there shall be three (3) inspections made during installation as follows:

(1)  When the sewer is laid, jointed, and connected, but before it is covered over;  

(2)  When the waste and vent pipes have been covered; and

(3)  When the entire system of plumbing has been completed and the same is ready for use. 

§3-746    COMPLIANCE WITH ARTICLE; INSPECTIONS GENERALLY.  The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing system in accordance with the provisions of this Article.  The Superintendent or his 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.   

While performing the necessary work on private properties referred to in this section, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company. 

§3-747    MUNICIPAL SEWER DEPARTMENT; SERVICE TO NONRESIDENTS.  Any person whose premise 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 apply to the Sewer Commissioner in the same manner as resident applicants for a permit for such connection and setting forth the name of the owner, occupant, or lessee of the premise, the use to which the premise is devoted, and such other information as the Governing Body may require.  The Governing Body may then agree to provide such service or not in its discretion on such terms and at such rates as may be equitable to both the nonresident customer and the Municipality; provided, that nothing herein shall be construed to require the approval of such applications.  (Ref.  19-2701 RS Neb.)

§3-748    MUNICIPAL SEWER DEPARTMENT; SEPARATE WATER SOURCE.  In the event a sewerage customer is not a user of water supplied and rendered by the Municipal Water Department, or uses water from another source in addition to the water supplied by the Municipality, the Governing Body may require the installation of a meter for the customer at the expense of the customer to compute the amount of water used for the purpose of billing the customer for the amount of water actually emptied into the Municipal Sewer System.

§3-749    VIOLATION; NOTICE AND LIABILITY.  Any person found to be violating any provision of this Article except section 3-744 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof not to exceed thirty (30) days.  The offender shall, within the period of time stated in such notice, permanently cease all violations.    

Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

§3-750    PENAL PROVISION; VIOLATION.  Any person who shall continue any violation beyond the time limit provided in section 3-749, shall be guilty of an offense, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation.  Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense. 

§3-751    SEVERABILITY CLAUSE.  The invalidity of any section, clause, sentence, or provision of this Article shall not affect the validity of any other part of this Article which can be given effect without such invalid part or parts.