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Article 3 - Sewer Department

Article 3 – Sewer Department

SECTION 7-301:  LIABILITY OF CITY

SECTION 7-302:  SEWER COMMISSIONER

SECTION 7-303:  DEFINITION

SECTION 7-304:  prohibited facilities; septic tanks

SECTION 7-305:  unpolluted drainage

SECTION 7-306:  hazardous discharges

SECTION 7-307:  PLUMBERS; LIABILITY

SECTION 7-308:  CONneCTION or REPAIRS required

SECTION 7-309:  INSTALLATION OR REPAIR; PROCEDURE, Materials

SECTION 7-310:  RATES

SECTION 7-311:  MANHOLES

SECTION 7-312:  DESTRUCTION OF PROPERTY

 

 

 

 

 

SECTION 7-301:  LIABILITY OF CITY

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

SECTION 7-302:  SEWER COMMISSIONER

    A. The city superintendent shall be city sewer commissioner ex officio and shall have general control over the systems of sewerage of the city.  He or she shall supervise all repairs made from time to time to the original construction or any extensions to all systems of sewerage and drainage in the city.  The sewer commissioner and his or her employees shall have free access to private premises upon which sewer services are located or being constructed.

    B. The duties of the sewer commissioner shall also be as follows:

        1. To keep an accurate and complete record of connections made to the city sewerage system and keep posted to date a sectional map of Y branches.

        2. To keep the city sewerage system and appurtenances clean and in good working order.

        3. To issue permits for sewer connections.

        4. To inspect sewer connections.

        5. To enforce all laws, resolutions, rules and regulations relating to sewer construction, repair and operation.

        6. To prepare rules and regulations governing sewer services with respect to privies, cesspools or septic tanks, when permitted; construction of house drains; specifications for construction of all old plumbing work; gas water heaters, including those of the instantaneous, automatically controlled type; quality of connection, separate connections, house drains, soil pipes, waste pipes, sand traps, steam exhaust, blow-off or drip pipe, urinal troughs, bar wastes, grease traps, garage wastes; drain, soil waste or vent pipes; water closets in buildings; old or condemned plumbing; openings for future use; minor repairs; and any or all other matters relevant to plumbing which affect the public health or safety.

        7. To submit the rules and regulations thus prepared for consideration of the mayor and City Council; and when adopted by the mayor and council, such rules and regulations shall be promulgated according to law and thereafter be deemed and considered a part of this section.

SECTION 7-303:  DEFINITION

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

    “Person” shall mean any natural person, corporation, partnership or unincorporated association.  (Ord. No. 336, 4/11/89)

SECTION 7-304:  prohibited facilities; septic tanks

    A. It shall be unlawful to construct or maintain any privy, privy vault, cesspool, or other similar facility intended or used for the disposal of sewage.

B. Septic tanks may be installed as provided below:

        1. Where a public sanitary sewer is not available under the provisions herein, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

        2. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the sewer commissioner.  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 commissioner.  A permit and inspection fee shall be paid to the city at the time the application is filed.  Such fee shall be as set by the mayor and City Council and filed in the office of the city clerk.

        3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the sewer commissioner.  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 commissioner when the work is ready for final inspection and before any underground portions are covered.  The inspection shall be made within 48 hours of receipt of notice by the commissioner.

        4. The type, capacities, location, and layout of a private sewage disposal system shall comply with the Nebraska Department of Environmental Quality Title 124 Rules and Regulations for the Design, Operation and Maintenance of Septic Tank Systems.

        5. At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter within 60 days and the private sewage system shall be abandoned in accordance with Title 124 as provided in subsection (4).

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

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

SECTION 7-305:  unpolluted drainage

    Storm water and all other unpolluted drainage including surface water, subsurface drainage, ground water, and roof runoff shall be discharged to specifically designated combined sewers or storm sewers or to a natural outlet ap­proved by the sewer commissioner.  In­dustrial cooling water or unpolluted process water may be discharged, on approval of the sewer commissioner, to a storm sewer, combined sewer, or natural outlet.  The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the city for such costs, which shall be as determined by the sewer commissioner.  It shall further be unlawful to connect or maintain connected to the sanitary sewer system any pump which pumps any of the above-identified kinds of water for any purpose whatsoever.

SECTION 7-306:  hazardous discharges

    No person shall discharge or cause to be discharged any hazardous waters or wastes into the city sewer system.  Specific prohibitions in reference to hazardous discharges, options for handling the same, compliance procedures, and penalties for violations shall be as provided by the requirements of applicable regulations, laws, codes, and resolutions including 40 C.F.R., Part 403.

SECTION 7-307:  PLUMBERS; LIABILITY

 

    All work by plumbers shall be done in the manner required by the sewer commissioner and shall be at all times subject to his or her inspection and approval.  Plumbers who connect with the public sewer 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 sewer commissioner.  It shall be un­lawful to cover or conceal willfully any defective or unsatisfactory work.  (Neb. Rev. Stat. §17-537)

 

SECTION 7-308:  CONneCTION or REPAIRS required

 

    A. All private property within the city located upon any street or alley through which, opposite or abutting said property, runs or hereafter shall run any main, belt line or sanitary sewer shall be equipped with a proper connection to said main, belt line or lateral sanitary sewer for the disposal of all sewage.  It shall be the duty of the owner of any such private property so situated, upon ten days' notice as hereinafter provided, to make or cause to be installed or to maintain or to repair proper sewer pipe connections.  If the owner of such property shall fail or neglect for ten days after the service of notice to comply with the notice, then the sewer commissioner or his or her agent shall cause the same to be done and the cost thereof when certified by the commissioner to the mayor and City Council shall be assessed by the mayor and council against the property as a special assessment.  The same shall be collected as other special assessments and special taxes as provided by law or the cost may be recovered by civil suit brought by the city attorney upon the direction of the mayor and council, in the name of the city against the owner.

 

    B. The notice herein referred to shall be in writing and shall be served by the sewer commissioner upon the owner or owners of record of such property, either by personal service, certified mail, or constructive service.  Constructive service may be had with respect to the notice by causing its publication to be made once in a legal newspaper published in and of general circulation in the city.  The notice shall describe the real estate involved and the action required to be taken and shall notify that the owner or owners are required to comply with the notice within ten days after the notice and that the sewer commissioner will cause the work to be done and will certify the cost thereof to the mayor and council.  (Ord. No. 05-10, 12/13/05)

 

SECTION 7-309:  INSTALLATION OR REPAIR; PROCEDURE, Materials

 

    All installation or repair of any part of the sewerage system shall be done under the supervision of the sewer commissioner and strictly in accordance with the rules, regulations, and specifications on file with the sewer commissioner and prescribed for such installation by the city engineer, provided that the said rules, regulations, and specifications have been reviewed and approved by the mayor and City Council.  Where the material proposed to be used for sewerage system installation or repairs is not among those on file in the commissioner's office, a determination shall be made and expense paid using the same procedures as prescribed for determinations of materials for water mains, supply lines, and service lines.  (Neb. Rev. Stat. §18-503)

 

SECTION 7-310:  RATES

 

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

 

SECTION 7-311:  MANHOLES

 

    Entrance into a manhole or opening for any purpose except by authorized persons is prohibited.  It shall be unlawful to deposit or cause to be deposited in any receptacle connected with the sewer system any substance which is not the usual and natural waste carried by the sewer system.

 

SECTION 7-312:  DESTRUCTION OF PROPERTY

 

    No person 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.