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Article 2 - Water Department

Article 2 – Water Department

SECTION 7-201:  OPERATION AND FUNDING

SECTION 7-202:  POWERs OF CITY

SECTION 7-203:  LIABILITY OF CITY

SECTION 7-204:  DEFINITIONS

SECTION 7-205:  SERVICE CONTRACTS

SECTION 7-206:  PLUMBING; compliance

SECTION 7-207:  METERS required; installation; reading

SECTION 7-208:  CONNECTION; permit; notice

SECTION 7-209:  application; fee; conditions

SECTION 7-210:  RATES

SECTION 7-211:  METERS; MAINTENANCE AND REPAIRS

SECTION 7-212:  PLUMBERS; LIABILITY

SECTION 7-213:  PROHIBITION OF LEAD PIPES, SOLDER AND FLUX

SECTION 7-214:  installation; service PIPES; SHUT-OFF BOXES; EXCAVATIONS

SECTION 7-215:  REPAIRS

SECTION 7-216:  UNSAFE CONNECTION PROHIBITED; BACKFLOW PREVENTION DEVICES REQUIRED

SECTION 7-217:  RESALE PROHIBITED

SECTION 7-218:  RESTRICTIONS ON USE

SECTION 7-219:  TAMPERING PROHIBITED

SECTION 7-220:  CONTAMINATION and POLLUTION prohibited

SECTION 7-221:  CONSTRUCTION CONTRACTORS; BULK WATER SALES

SECTION 7-222:  WASTE and LEAKY APPLIANCES PROHIBITED

SECTION 7-223:  FIRE HYDRANTS

SECTION 7-224:  INSPECTION

SECTION 7-225:  GRASS WATERING; mayor’s authority

SECTION 7-226:  GRASS WATERING; AREAS INCLUDED

SECTION 7-227:  GRASS WATERING; schedule

SECTION 7-228:  WATER EMERGENCY CONTINGENCY PLAN

SECTION 7-229:  Water EMERGENCY; Stage One, Water Watch

SECTION 7-230:  Water EMERGENCY; STAGE TWO, WATER WARNING

SECTION 7-231:  Water EMERGENCY; STAGE THREE, WATER EMERGENCY

SECTION 7-232:  WELLHEAD PROTECTION

SECTION 7-233:  WELLS AND OTHER UNDERGROUND FACILITIES; PERMIT

SECTION 7-234:  DRILLING OR INSTALLATION; DISTANCES FROM MUNICIPAL WATER SOURCES; abatement

SECTION 7-235:  VIOLATION BY USERS OUTSIDE OF CITY LIMITS

 

 

 

 

SECTION 7-201:  OPERATION AND FUNDING

    A. The city owns and operates the Water Department through the city superintendent.  The mayor and City Council, for the purpose of defraying the cost of the care, management, and maintenance of the department, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation.  The revenue from the said tax shall be known as the water fund and shall remain in the custody of the city treasurer.

    B. The city superintendent shall have the direct management and control of the Water Department and shall faithfully carry out the duties of his or her office.  The commissioner 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 mayor and City Council.  The council shall set the rates to be charged for services rendered by resolution and shall file a copy of the rates in the office of the city clerk for public inspection during office hours.  (Neb. Rev. Stat. §§17-531, 17-534, 19-­1305)

SECTION 7-202:  POWERs OF CITY

    The City Council and the city superintendent hereby reserve the right at all times to shut off the water for necessary repairs or extensions.  The council reserves the right to amend or alter any resolution, rules, or regulations pertaining to water and water service, including established rates when they deem advisable.

SECTION 7-203:  LIABILITY OF CITY

    The city shall not be liable for any damage suffered by any person through any portion of its waterworks system by virtue of the fact that the enforcement officer or building inspector may have supervised, inspected, or approved said water service.

SECTION 7-204:  DEFINITIONS

    For this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Where no definition is specified, the normal dictionary usage of the word shall apply.

    A. “Backflow” shall mean the flow of water or other liquids into the distribution system of the city from any source other than its intended source.

    B. “Main” shall mean any pipe other than a supply or service pipe used for carrying water to and dispersing the same in the city.

    C. “Service pipe” shall mean 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.

    D. “Water” shall mean water supplied through the city waterworks.

SECTION 7-205:  SERVICE CONTRACTS

    A. The provisions of this chapter shall be considered a part of the contract by which any person, firm, partnership, association, corporation or other customer is supplied with water through the city waterworks; and any person, firm, partnership, association, corporation or other customer who receives water through the city waterworks shall be considered and held to be bound thereby.

    B. The city, through its Public Works Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid.  The city may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a city commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the city as and when, according to law, the council may see fit to do so.

    C. The rules, regulations, and water rates hereinafter named in this chapter shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served.

    D. Without further formality, the making of an application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the city, to which said contract both parties are bound.

    E. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the council may hereafter adopt, the city superintendent or his or her agent may cut off or disconnect the water service from the building or premises or place of such violation until such time as the violation is corrected.

    F. If any consumer shall sell, dispose, or remove from the premises where service is furnished, or if the said premises are destroyed by fire or other casualty, he or she shall at once inform the city superintendent, who shall cause the water service to be shut off at the said premises.  If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premises until the city superintendent is otherwise advised of such circumstances.

SECTION 7-206:  PLUMBING; compliance

    No water from the city waterworks shall be turned on for service in premises in which the plumbing does not comply with city regulations; provided, water may be turned on for construction work in unfinished buildings, subject to the provisions of this chapter.

SECTION 7-207:  METERS required; installation; reading

    A. No water shall be used unless water is furnished through a meter.

    B. All meters shall be placed in a substantially frost-proof meter housing or pit to be located at or near the curb stop and shall be of such specifications as may be prescribed by the city superintendent.  All meters shall be set in a horizontal position.  The city will set all water metering devices, including the moving of said devices at the expense of the consumer.  All water meters set or installed shall be the property of the city.

    C. All water meters shall be read monthly or as near to monthly as practically possible.  Should a consumer's meter be out of repair or fail to register properly, the consumer shall be billed and charged and shall pay for water during the time the meter is out of order or repair on the basis of monthly consumption during the same month of the preceding year.

SECTION 7-208:  CONNECTION; permit; notice

    No connection with a city water main shall be made without a permit being issued and 24 hours’ notice having been given to the city clerk, whose duty it shall be to notify the proper city employee.  All such connections shall be made and all such work shall be done at the expense of the applicant, in accordance with city specifications.  All such connections shall be made under the supervision of city superintendent or such other city employee as he or she shall designate; all connections shall be uncovered until the superintendent or such other city employee as the superintendent shall designate, has inspected and approved the work.

SECTION 7-209:  application; fee; conditions

    Applications for such connections must be made to the city clerk, and a fee in such amount as shall be set by the mayor and City Council from time to time by resolution shall be paid for each connection.  Applicants for water service whose property is located outside the city limits but within one mile of the city limits may contract with the city for water service to the property; provided, if in the judgment of the mayor and council the projected amount of water which would be furnished to the applicant's property may cause the city to exceed its allocation for water as established by the Upper Republican Natural Resources District (URNRD) or may cause the capacity of the city's water distribution to be exceeded, then such applicant shall not be permitted to contract with the city for water service; and provided further, the applicant shall first have installed all necessary water lines and connections from the applicant's property to the city water main, which shall be done at the expense of the applicant, and in accordance with city specifications.  The city may apply to the URNRD for an increased allocation to fulfill the applicant's projected water usage.  Applicants for water service whose property is located more than one mile outside the city limits shall not be permitted to contract with the city for water service.  The city may not incur any cost or expense beyond its commercial mains in providing the means of such service inside and outside its corporate limits.

SECTION 7-210:  RATES

    All property upon which any building has been or may hereafter be erected having a connection with any mains or pipes which are or may hereafter be constructed and used in connection with the city waterworks system shall pay such rates as the mayor and City Council may from time to time prescribe by resolution.

SECTION 7-211:  METERS; MAINTENANCE AND REPAIRS

    The city superintendent or his or her agents shall have the exclusive power to repair and test all meters, and all said tests shall be made by the superintendent or his or her agents at the expense of the city.  If the meter requires repair or requires replacement, the superintendent shall repair or replace said meter at the city’s expense, except that if the cause of damage to the meter is due to the negligence or misuse by the consumer/owner, the cost of said repair or replacement shall be at the cost of the owner.  Upon the refusal of the owner to pay for any repairs or install a new meter, the water shall be shut off and not turned on again until all charges and penalties are paid. If any leak or break occurs in a water pipe, the city superintendent shall shut off the water on the premises until said leak or break is repaired by the consumer at his or her expense.

SECTION 7-212:  PLUMBERS; LIABILITY

    All work by plumbers shall be done in the manner required by the city superintendent and shall be at all times subject to his or her inspection and approval.  Plumbers who connect with the public water system shall be held responsible for any damage to the pipes or the public ways and property and shall restore all excavated streets to the complete satisfaction of the city superintendent.  It shall be un­lawful to cover or conceal willfully any defective or unsatisfactory work.  (Neb. Rev. Stat. §17-537)

SECTION 7-213:  PROHIBITION OF LEAD PIPES, SOLDER AND FLUX

    Any pipe, solder, or flux used in the installation or repair of a residential or non-residential building which is con­nected to the public water supply system shall be lead-free.  For purposes of this section, “lead-free” shall mean (A) solders and flux, not more than .2% lead and (B) pipe and pipe fittings, not more than .25% lead.  (Neb. Rev. Stat. §71-5301)

SECTION 7-214:  installation; service PIPES; SHUT-OFF BOXES; EXCAVATIONS

    A. All service pipes from the mains to the premises served shall be installed by and at the cost of the owner of the property to be served or the applicant for the service.  Such installations shall be made under the inspection of the city enforcement officer.   All work must be completed by a licensed plumber as provided in Chapter 5 (Business Regulations) of this code.

    B. No service shall be installed unless it conforms to city resolutions, rules and regulations.  Only city public works employees or authorized representatives may tap the main or perform work connecting to the city waterworks.

    C. Shut-off boxes or service boxes shall be placed on every service pipe, and it shall be located between the curb line and the sidewalk line where this is practicable.  Such boxes shall be so located that they are easily accessible and shall be protected from frost.

    D. Excavations for installing service pipes or repairing the same shall be made in compliance with the resolution provisions relating to making excavations in streets; provided that, it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drain pipe or sewer pipe.

SECTION 7-215:  REPAIRS

    All repairs of service pipes and plumbing systems of buildings shall be made by and at the expense of the owner or owners of the premises served; provided that, repairs of that part of any water service pipe which extends from the city main to the shut-off box or the edge of the city right-of-way, whichever is the lesser distance, shall be made by and at the expense of the city, except that the city may at its election install a new water service pipe from the closest water main to the shut-off box, including the cost of the shut-off box, rather than repair the existing line.  The city may in case of an emergency, repair any part of any service pipe; and if this is done on that part of any pipe which is not the city's responsibility, the cost of such repair work shall be repaid to the city by the owner or owners of the premises served.

SECTION 7-216:  UNSAFE CONNECTION PROHIBITED; BACKFLOW PREVENTION DEVICES REQUIRED

    A. No customer or any other person shall cause, allow, or create any physical connection between the City waterworks and any pipe, pump, hydrant, tank, steam condensate return, engine jacket, heat exchanger, lawn sprinkler, other water supply or any other connection, whereby potentially unsafe or contamination materials may be discharged or drawn into the City waterworks.

    B. Upon determining that a potential backflow or back siphoning hazard exists, the City Superintendent may require the customer to install and maintain, at the customer's expense, a properly located backflow prevention device appropriate to the potential hazard and approved by the City Superintendent.

    C. The installation of any backflow prevention device shall be done in accordance with all provisions of this chapter.

    D. At least once every five years, customers of the City of Grant water distribution and supply system shall be required to assess and report potential backflow and back-siphonage hazards to the city on a form supplied by the city to the customer in accordance with the Cross Connection Control Program, Title 179, Chapter 22-005 # 5.  If after two (2) unsuccessful attempts to reach the property owner by regular mail, a final attempt by certified mail shall be made by the City.  If after ninety (90) days all written communication measures have been exhausted, the Water Commissioner and or their designee shall try to reach the property owner in person to get the City supplied form filled out.  If that in-person attempt is unsuccessful the City may begin the process to start the disconnection of the property owner’s water service.  The customer shall take any steps necessary for the protection of public health and safety as determined by the City Superintendent.

    E. Any decision of the City Superintendent may be appealed to the Mayor and Council.

SECTION 7-217:  RESALE PROHIBITED

    No water from the city waterworks shall be resold or distributed by the recipient to any premises other than that for which application has been made.

SECTION 7-218:  RESTRICTIONS ON USE

    A. The City Council or city superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire or other good and sufficient cause.  The city shall not be liable for any damage caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the city has no control.

    B. No consumer shall supply water to other consumers or facilities, or allow them to take water from his or her premises nor, after water is supplied into a building, shall any person make or employ a plumber or other person to make a tap connection with the pipe upon the premises for alteration, extension, or attachment without the written permission of the city superintendent.

SECTION 7-219:  TAMPERING PROHIBITED

    It shall be unlawful for any person not authorized by the city to tamper with, alter or injure any part of the city waterworks or supply system.

SECTION 7-220:  CONTAMINATION and POLLUTION prohibited

    A. No person shall place in or near or around the city waterworks system any dirt, filth, impure substance or other substance or fluid by which the water shall be rendered impure, unpalatable or dangerous for human or animal consumption.

    B. It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water used for the supply of city water.

SECTION 7-221:  CONSTRUCTION CONTRACTORS; BULK WATER SALES

    During the construction of any building and before any water is installed as provided in this chapter, the contractor so constructing such building may be permitted to use city water by making application therefor and paying the fee prescribed by the mayor and City Council.   Bulk water sales may be allowed by the city superintendent at a rate set by the mayor and council if the city superintendent determines the sale will not cause the city to exceed the allocation set by the local Natural Resource District (NRD).

SECTION 7-222:  WASTE and LEAKY APPLIANCES PROHIBITED

    A. It shall be unlawful for any owner, lessee, tenant, occupant, manager or any other person in possession of premises supplied with water to waste, or cause or allow to be wasted, water supplied to that premises.

    B. The use of leaky pipes and taps, leaking toilets or lavatories, or other appliances which waste water is prohibited.

SECTION 7-223:  FIRE HYDRANTS

    All hydrants for the purpose of extinguishing fire are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the Fire Department or the Public Works Department to open or attempt to open any public or private hydrant and draw water from the same or in any manner to interfere with the hydrants.  Any person doing so or attempting to do so may be prosecuted as provided by law.

SECTION 7-224:  INSPECTION

    With reasonable notice or other process of law, the city superintendent or his or her duly authorized agents shall have free access to all parts of each premises and building to or in which water is delivered for the purpose of examining the meters, pipes, fixtures and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water.

SECTION 7-225:  GRASS WATERING; mayor’s authority

    The mayor is given the authority to enact all or any part of the grass watering restrictions herein to conserve water for a water emergency.

SECTION 7-226:  GRASS WATERING; AREAS INCLUDED

    All property located within the city limits, and all property located outside the city limits which is served by the city waterworks, is divided into the following areas, for purposes of the control of the use of water supplied by the city waterworks for the watering of grass:

    A. The area to which reference shall be made by use of the word "triangle" or the symbol for a triangle (▲) shall be the area described as follows:

        1. Property lying east of the center line of Highway 61, north of the center line of 3rd Street and 3rd Street extended, and south of the center line of 8th Street and 8th Street extended; and

        2. Property lying west of the center line of Highway 61, north of the center line of 6th Street and 6th Street extended, and south of the center line of 8th Street and 8th Street extended.

    B. The area to which reference shall be made by use of the word "circle" or the symbol for a circle (●) shall be the area described as follows:

        1. Property lying east of the center line of Highway 61 and north of the center line of 8th Street and 8th Street extended; and

        2. Property lying west of the center line of Highway 61, north of the center line of 3rd Street and 3rd Street extended, and south of the center line of 6th Street and 6th Street extended.

    C. The area to which reference shall be made by use of the word "square" or the symbol for a square (■) shall be the area described as follows:

        1. Property lying west of the center line of Highway 61 and north of the center line of 8th Street and 8th Street extended; and

        2. Property lying south of the center line of 3rd Street and 3rd Street extended.  (Ord. Nos. 357, 3/10/92; 358, 5/12/92)

SECTION 7-227:  GRASS WATERING; schedule

    A. It shall be unlawful for any person to use or allow water supplied by the city waterworks for the watering of grass on their lawn except as provided below:

 

 

Oct 15 - April 15

April 16 - May 4 and Sept 25 - Oct 14

May 5 - Sept 24

 No Watering

 Monday

 Monday & Thursday

 No Watering   

 Tuesday

 Tuesday & Friday

 No Watering

 Wednesday

 Wednesday & Saturday

 

        1. For lawns which do not have an automatic sprinkler system only, the grass may be watered on Sunday in lieu of one of the regular week day waterings stated above but in no circumstance, will said lawn be allowed watering more than twice per week.

        

        2. The stated days for watering are from 12:01 a.m. through midnight of the specified day.

 

    B. The provisions of this section shall not apply to:

 

        1. The use of water for the watering of flowers, gardens and shrubs, where the application of the water on grass is merely incidental to the watering of a flowers, garden or shrub; and

 

        2. The use of water for the watering of new lawns, but only during such period of time as is reasonably necessary to establish said new lawn.

 

        3. Other special situations or exceptions which are approved by adopted resolution of the city.

 

SECTION 7-228:  WATER EMERGENCY CONTINGENCY PLAN

 

    The city shall address any short-term water shortage problems by enacting the grass watering restrictions of Section 7-226 and Section 7-227 and through a series of stages based on the conditions of supply and demand with accompanying triggers, goals, and actions.  Each stage is more stringent in water use than the previous stage since there will be a greater deterioration in water supply conditions.  The mayor, or his or her representative, hereby authorized to implement the appropriate conservation measure as set forth in this section, when any of the conditions have been reached which would qualify for any of the specific stages.  The mayor or his or her representative is given discretion to declare each particular stage as deemed appropriate by the mayor, or his or her representative, by reviewing the severity of the trigger conditions and other additional information, and is further authorized to implement conservation measure within the guidelines provided for each particular stage.

 

SECTION 7-229:  Water EMERGENCY; Stage One, Water Watch

 

    A. Triggers. This stage is triggered by any one of the following condition.

 

        1. Ground water levels have fallen to be within 25 ft. of the top of the “bowls” in a city well.

 

        2. System pressure falls below 35 pounds per square inch.

 

        3. Demand for one week is in excess of 9,500,000 gallons.

 

    B. Goals. The goals of this stage are to heighten awareness of the public of the water conditions and to maintain the integrity of the system.

 

    C. Management Actions:

 

        1. Leaks will be repaired within 48 hours of detection.

 

        2. The city will monitor its use of water and will curtail activities, such as hydrant flushing.

 

        3. The grass watering schedule will be re-implemented if it has been suspended and any other water restrictions will be reinstated at the discretion of the mayor (see Section 7-225, Mayor’s Authority).

 

    D. Regulation Actions. The public will be informed through the local media of the water watch and be asked to voluntarily reduce outdoor water use and to efficiently use water for indoor purposes, for example, washing full loads of clothing and/or dishes, limiting the length and frequency of showers, checking for water leaks and dripping of faucets, and to prevent any unnecessary use of water.

 

SECTION 7-230:  Water EMERGENCY; STAGE TWO, WATER WARNING

 

    A. Triggers. This stage is triggered by any one of the following conditions:

 

        1. Ground water levels have fallen to be within 20 ft. of the top of the "bowls" in a city well.

 

        2. System pressure falls below 35 pounds per square inch.

 

        3. Demand for one week is in excess of 10,000,000 gallons.

 

    B. Goals. The goals for this stage are to reduce peak demands by 20% and to reduce overall weekly consumption by 10%.

 

    C. Management Actions.

 

        1. Water supply will be monitored daily.

 

        2. Leaks will be repaired within 24 hours of detection.

 

        3. Pumping at wells will be reduced to decrease draw down and to maintain water levels over well screens.

 

        4. The city will curtail its water usage, including watering of city grounds and washing of city vehicles.

 

    D. Regulation Actions. In addition to the regulation actions under Stage One, the following regulatory authority shall be exercised by the mayor or his or her representative:

 

        1. Outdoor water use, including lawn watering and car washing, will be restricted to before 10:00 a.m. and after 9:00 p.m.

 

        2. Refilling of swimming pools will be limited to one day per week after sunset.

 

SECTION 7-231:  Water EMERGENCY; STAGE THREE, WATER EMERGENCY

 

    A. Triggers. This stage is triggered by any one of the following conditions:

 

        1. Ground water levels have fallen to be within 15 ft. of the top of the "bowls” in a city well.

 

        2. System pressure falls below 35 pounds per square inch.

 

        3. Demand for one week is in excess of 10,500,000 gallons.

 

        4. Pumping lowers water levels to within five feet of top of the well screens.

 

        5. Plant operations are at 90% capacity for more than three days.

 

    B. Goals. The goals of this stage are to reduce peak demands by 50% and to reduce overall consumption by 25%.

 

    C. Education Actions.

 

        1. The city shall make news releases to local media describing current conditions and indicate the water supply outlook for the city.

 

        2. The city will hold public meeting(s) to discuss the emergency, the status of the water supply and further actions which need to be taken.

 

    D. Management Actions.

 

        1. The city water supplies will be monitored daily.

 

        2. Leaks will be repaired within 24 hours of detection.

 

        3. Standby wells will be activated for contingency operation.

 

        4. Pumping at wells will be reduced to decrease draw down and to maintain water levels over well screens.

 

        5. The city will seek additional emergency supplies from other users, the state, and/or the federal government.

 

    E. Regulation Actions. In addition to the regulation actions available under State Two, the following regulatory authority shall be exercised by the mayor, or his or her representative:

 

        1. Outdoor water use will be banned, except for businesses which require outdoor water use to operate.

 

        2. Waste of water will be prohibited.

 

    F. Enforcement. In the event that any water consumer fails to comply with the regulatory action taken by the city, then the mayor, or his or her representative, shall direct immediate discontinuance of water service to the location which is not in compliance with the restrictions imposed.  Water service may be resumed upon the mayor or his or her representative, being provided adequate evidence to show that compliance has been instituted and that compliance will continue under the restrictions imposed and reconnection fee as set by the mayor and City Council is paid to the City Treasurer.

 

SECTION 7-232:  WELLHEAD PROTECTION

 

    The city adopts the Wellhead Protection Plan, which may be amended by ordinance from time to time.

 

SECTION 7-233:  WELLS AND OTHER UNDERGROUND FACILITIES; PERMIT

 

    A. It shall be unlawful for any person, corporation or other legal entity to drill and/or operate any of the following facilities within the Wellhead Protection Area, corporate limits, or the extraterritorial jurisdiction of the city without first having obtained the proper permit from the City Council; potable water well; any other well; sewage lagoon; absorption or disposal field for water; cesspool, dumping grounds; feedlots, livestock pasture or corral; chemical product storage facility; petroleum product storage facility; pit toilet; sanitary landfill; septic tank; sewage treatment plant: sewage wet well.

 

    B. In order to obtain a permit to drill and/or operate any of the facilities listed above, the owner of the property on which the proposed facility is to be located must make application on the proper form provided by the City Council.  Such application must show compliance with all wellhead protection requirements as well as other regulatory and statutory requirement presented to the council at any regular or special meeting.  After reviewing the application of any person desiring to drill or operate any of the above described facilities, the council shall approve or deny said permit.

 

SECTION 7-234:  DRILLING OR INSTALLATION; DISTANCES FROM MUNICIPAL WATER SOURCES; abatement

 

    A. Under no circumstances shall the City Council approve any permit to drill or operate any of the below described facilities within the indicated number of feet from any municipal water well:

 

Water well

1,000 feet

Sewage lagoon

1,000 feet

Land application of municipal/industrial waste material

1,000 feet

Feedlot or feedlot runoff

1,000 feet

Underground disposal system (septic system, etc.)

500 feet

Corral

500 feet

Pit toilet, vault toilet

500 feet

Wastewater holding tank

500 feet

Sanitary landfill/dump

500 feet

Chemical or petroleum product storage

500 feet

Sewage treatment plant

500 feet

Sewage wet well

500 feet

Sanitary sewer connection

100 feet

Sanitary sewer manhole

100 feet

Sanitary sewer line

50 feet

                                                                      (Nebraska HHS, 2010)

 

    B. In the event any of the above-described facilities are installed or operated without first having obtained a permit from the city and/or within the designated number of feet from any municipal water supply, then such facilities shall be deemed a nuisance and the City Council shall abate such facility as a public nuisance.

 

SECTION 7-235:  VIOLATION BY USERS OUTSIDE OF CITY LIMITS

 

    In addition to any other action allowed by law or this article, if any person wastes or causes or allows to be wasted water supplied to any premises outside the city limits, the city may disconnect the water service to that premises and the water service shall not be reconnected to that premises for the benefit of that person until application has been made in writing to the City Clerk and an application for reconnection has been approved by the mayor and City Council. In the event the mayor and council vote to approve the application for reconnection, water service shall not be reconnected to that premises for the benefit of that person until payment in full has been made by that person of any fee or deposit required by city resolution for connecting or reconnecting the water service.