The Municipality owns and operates the Municipal Sewer System.
The Governing Body, for the purpose of defraying the cost of the operation,
maintenance and replacement (OM&R) of the Municipal Sewer System
may establish a user charge system based on actual use and revise
the charges, if necessary, to accomplish the following:
1.
Maintain the proportional distribution of operation, maintenance
and replacement (OM&R) costs among users and user classes;
2.
Generate adequate revenues to pay the costs of OM&R;
3.
Apply excess revenues collected from a class of users to the costs
of OM&R attributable to that class for the next year and adjust
the rates accordingly.
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The revenue from the said user charge system based on actual
use shall be known as the Sewer Maintenance Fund. The Maintenance
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. 18-501,
18-503 RS Neb.)
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The following definitions shall be applied throughout this Article.
Where no definition is specified, the normal dictionary usage of the
word shall apply.
The term "Biochemical Oxygen Demand" (BOD) shall mean and
include the quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in parts per million by weight.
The term "Building Drain" and "House Drain "shall mean and
include 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 (1.5 meters) outside the inner face of the building
wall.
The term "Building Sewer" shall mean the extension from the
building drain to the public sewer or other place of disposal.
The term "Combined Sewer" shall mean a sewer receiving both
surface runoff and sewage.
The term "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.
The term "Industrial Wastes" shall mean the liquid wastes
from industrial manufacturing processes, trade, or business as distinct
from sanitary sewage.
The term "Local Ventilating Pipe" shall mean and include
any pipe through which foul air is removed from a room or fixture.
The term "May" is permissive; the term "Shall" is mandatory.
The term "Municipality" shall mean the City of Ralston, Nebraska.
The term "Natural Outlet" shall mean any outlet into a watercourse,
pond, ditch, lake, or other body of surface or groundwater.
The term "Normal Sewage" shall mean sewage not exceeding
maximum tolerance of contamination of 300 milligrams per liter BOD
or 350 milligrams per liter of Suspended Solids.
The term "Parts Per Million" shall mean a weight-to-weight
ratio; the parts-per-million value multiplied by the factor 8.345
shall be equivalent to pounds per million gallons of water.
The term "Person" shall mean any individual, firm, company,
association, society, corporation, or group.
The term "pH" shall mean and include the logarithm of the
reciprocal of the weight of hydrogen ions in grams per liter of solution.
The term "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 1/2 inch (1.27 centimeters) in any dimension.
The term "Public Sewer" shall mean a sewer in which all owners
of abutting properties have equal rights, and is controlled by public
authority.
The term "Sanitary Sewer" shall mean and include a sewer
which carries sewage and to which storm, surface, and ground waters
are not intentionally admitted.
The term "Sewage" shall mean and include 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.
The term "Sewer" shall mean a pipe or conduit for carrying
sewage.
The term "Shall" is mandatory; the term "May" is permissive.
The term "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
15 minutes more than five times the average twenty-four-hour concentration
or flows during normal operation.
The term "Soil Pipe" shall mean and include any pipe which
conveys the discharge of water closets with or without the discharge
from other fixtures to the house or building drain.
The term "Standard Methods" shall mean the examination and
analytical procedures set forth in the most recent editions of "Standard
Methods for the Examination of Water, Sewage, and Industrial Waste,"
published jointly by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federation.
The term "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.
The term "Superintendent" shall mean the Utilities Superintendent
of the City of Ralston, or his authorized deputy, agent, or representative.
The term "Suspended Solids" shall mean and include solids
that either float on the surface of, or are in suspension in water,
sewage, or other liquids, and are removable by filtering.
The term "Trap" shall mean and include a fitting or device
so constructed as to prevent the passage of air or gas through a pipe
without materially affecting the flow of sewage or waste through it.
The term "Trap Seal" shall mean and include the vertical
distance between the crown weir and the dip of the trap.
The term "Unpolluted Waters" is water of quality equal to
or better than the effluent criteria in effect or water that would
not cause violation of receiving water quality standards and would
not be benefited by discharge to the sanitary sewers and wastewater
treatment facilities provided.
The term "Vent Pipe" shall mean and include any pipe provided
to ventilate a house or building drainage system and to prevent trap
siphonage and back pressure.
The term "Waste Pipe" shall mean and include any pipe which
receives the discharge of any fixture, except water closets, and conveys
the same to the house drain, soil pipe, or waste stack.
The term "Watercourse" shall mean a natural or artificial
channel for the passage of water either continuously or intermittently.
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 Maintenance
Superintendent, or his agent, may cut off or disconnect the sewer
service from the building or premises of such violation. 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 agent.
(Ref. 18-503 RS Neb.)
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 shall at once inform the Maintenance Superintendent
who shall cause the sewer service to be shut off from the said premises.
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. (Ref. 17-901, 17-902, 18-503 RS Neb.)
[Amended by Ord. No. 439, 2-20-1962; Ord. No. 1121, 3-6-2007; Ord. No.
1125, 9-18-2007; Ord. No. 1144, 4-7-2009; Ord. 1169, 9-6-2011; Ord. No. 1193, 8-20-2014; Ord. No. 1197, 7-7-2015amended 9-7-2021 by Ord. No. 1293; 9-20-2022 by Ord. No. 1314]
1.
As a result of advances in technology and in consideration of the
Interlocal Agreements with Metropolitan Utilities District, it is
necessary and in the best interests of the City of Ralston and its
citizens that sewer use rates and the sewer use rate structure be
examined and adjusted from time to time to provide equity to the users
and appropriate revenue to the City.
2.
Said rates and structure have been developed by a sub committee of
the City Council and reviewed by the City's Accountants and a formula
has been computed. The structure provides for a combination of a flat
monthly charge and a flow charge based upon actual usage as determined
by water usage billed by Metropolitan Utilities District. A recent
examination by said sub committee has determined it to be necessary
to adjust the rates previously established.
3.
The sewer use rates are hereby established as follows:
a.
Every user of the system shall pay a flat monthly service charge
in the amount of $9.50;
b.
In addition to the monthly service charge, residential users shall
pay a flow charge in the amount of $4.99 per hundred cubic foot (ccf),
provided, however, that the residential flow charge for the months
of May through December will be determined by the average actual usage
for the prior months of January through April, unless the actual monthly
usage for the months of May through December is less than the average
monthly usage for the months of January through April, in which case
the flow charge will be based upon the actual usage.
c.
In addition to the monthly service charge, nonresidential users shall
pay a flow charge in the amount of $4.99 per ccf based on actual usage.
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The sewer use rates shall be reviewed by the City Council annually
in the fourth calendar quarter and the charges revised for the next
year based upon responsible fiscal criteria and with the advice of
the City Finance Director.
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The Mayor and Council hereby find and determine that the sewer
use rate structure and the charges established by this Section are
just and reasonable charges to be paid to the City for the use of
such sanitary sewerage system by each person, firm or entity whose
premises are served thereby.
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4.
The foregoing sewer use charges shall be in effect commencing from
the date of final passage (July 7, 2015) by the City Council and shall
remain in effect until further amended by ordinance.
(Ref. 18-509 RS Neb.)
[Amended by Ord. No. 1096, 3-15-2005]
All sewer use charges provided for by this Chapter shall be
billed as to the 10th day of each month, for service during the preceding
month, and shall be due and payable as of that time. If the user shall
neglect or refuse to pay such bill on or before the twentieth day
of the month succeeding the due date, the bill shall be considered
delinquent and the water service to the premises of such consumer
may be discontinued. All sewer use charges prescribed by this Article
shall be a lien upon the premises and the real estate for which the
sewer use service is supplied and used, and if not paid when due,
such charge shall be certified to the City Treasurer and may be recovered
by the City in an action at law from the owner or person, firm or
corporation using the service, or it may be certified to the Tax Assessor
and assessed against the premises served, and collected or returned
in the same manner as other municipal taxes are certified, assessed,
collected and returned. In the event the City exercises its right
to bring an action at law, any court costs incurred by the City shall
be charged to the customer and appear as charges upon the next monthly
bill. Users commencing or ending their use of the sewage system after
the first-day of any month shall pay the sewer use charge for the
entire month remaining.
The revenues derived from the sewage use charge shall be used
only for the purpose of paying for the reasonable expenses of the
operation and maintenance of the sanitary sewage system, for payment
to the City of Omaha, Nebraska, for sewage disposal, for paying the
interest and principal of any bonds issued for sewage purposes, for
the purpose of extending and improving the sanitary sewage system,
and for the purpose of creating reserves for any of the aforesaid
purposes.
The Mayor and Council hereby find and determine that the sewer
use charges established by this Article are just and equitable rates
and charges to be paid to the City for the use of such sanitary sewage
system by each person, firm or corporation whose premises are served
thereby.
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. The classification must
be approved by the Environmental Protection Agency, relative to the
user charge grant condition. (Ref. 18-503 RS Neb.)
It shall be unlawful to discharge to any natural outlet within
the Municipality, or within two miles of the corporate limits thereof,
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.
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.
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 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 90 days after date of official
notice to do so; Provided, that said public sewer is within 100 feet
(30.5 meters) of the property line.
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 Maintenance
Superintendent.
It shall be the duty of all users to forthwith notify the Maintenance
Superintendent of the City upon commencing or terminating the use
of the sewage system by such user.
Any competent mechanic with experience in laying drain, water
or sewer pipes, upon application to the City Council, may upon approval
of his application and payment of the sum of money decided upon by
the City Council, for the making of such connection, receive a permit
to lay drain, water or sewer pipes, or make connections thereto as
specified in the permit; Provided, no application for such permit
shall be considered unless accompanied by a bond in an amount to be
fixed by the City Council, if in their discretion, a bond is necessary.
Such bond, if required, to be subject to the approval of the City
Council, to secure the City and the public against damages that may
arise by reason of the carelessness or neglect of such person or corporation
to properly execute or protect their work, and to properly repair
all damages caused thereby, or for any penalties that may be imposed.
When two or more persons are copartners, the permit shall issue
in the name of the firm or copartnership, and no permit shall be transferable.
The contractor shall, at his own expense, erect suitable barriers
around all excavations or obstructions on public thoroughfares, to
prevent accidents, and shall place and maintain during the night,
sufficient lights for this purpose on or near the work. The contractor
will at all times, until its completion and final acceptance, protect
his work, apparatus, and material from accidental or other damage,
and shall make good any damages thus occurring at his own expense.
The contractor shall keep unobstructed and sufficient area around
fire hydrants to permit their full and effective use in case of fire.
He shall keep natural drainage and watercourses unobstructed or provide
other equal courses effectively placed. Attention is called to this
Section, as the contractor shall be held liable if negligent.
The contractor shall, at his own expense, protect by false work,
braces, shoring or other effective means, all buildings, walls, fences
and other property along his line of work of affected directly by
his work against damage and shall repair or repay the injured owners
for such damage.
The contractor shall exercise care to protect from injury all
existing water pipes, sewer lines, gas lines, telephone cables, electric
cables, and other underground structures which may be encountered
during the progress of the work. Water and other service pipes and
fixtures, if damaged, shall be repaired by the contractor without
additional compensation.
The contractor shall give notice in writing at least 48 hours
before breaking ground, to all persons, Superintendents, Inspectors,
or otherwise in charge of property, streets, water pipe, sanitary
sewer pipes, railroad or otherwise, that may be affected by their
operation, in order that they may remove any obstruction for which
they are responsible or may have a representative on the ground to
see that their property is properly protected.
During weather which would be unsuitable for the proper execution
of the work in first class manner, all work must be stopped and properly
protected from possible injury.
The contractor shall furnish a maintenance bond, subject to
the City's approval, guaranteeing to keep all work constructed under
his contract in good repair for a period of two years from date of
final acceptance. Good repair shall be construed to mean that any
functional or structural deterioration, except that from ordinary
and reasonable use, which appreciably reduces the effectiveness of
the improvement for the purpose intended or any serious departure
from the standards of original construction shall be remedied.
If, in the opinion of the City, such deterioration takes place,
they shall so notify the contractor by registered letter to the address
given in the contractor's proposal and a copy of such notice will
be sent to the bonding company, which notice is mutually agreed to
be sufficient and adequate. If the contractor shall not proceed to
remedy such defects as are called to his attention in the notice within
10 days, the City shall cause the repairs to be made as it deems best,
and the entire cost thereof shall be paid by the contractor or his
sureties.
The contractor must keep all streets, alleys, and sidewalks
as free from material and debris as the character of the work will
permit, and upon completion of any part of the work must, within reasonable
time, remove all surplus material and debris, and leave the right-of-way
in an acceptable condition.
Failure to comply with this provision after due and proper notice
has been given by the City, will be sufficient ground for the City
to proceed to clean up such material and debris and make such repairs,
charging same to the contractor, who hereby agrees to the provisions
as above set forth.
Trenching shall be in open cut except with the written permission
of the Engineer. Permission for tunnel work may be given for crossing
under crosswalks and house drives or under service pipes when such
tunnels will not exceed 10 feet in length. The length of trench to
be opened at one time may be limited when, in the opinion of the Engineer,
such limitation is necessary. The amount of open or unfilled trench
shall not exceed 1,000 feet unless ordered by the Engineer, and failure
to comply with this requirement shall be cause for shutdown of the
entire job until such backfilling is accomplished. Trenches shall
be only of sufficient width to provide a free working space on each
side of the pipe of not less than four inches nor more than the outside
diameter of the pipe bells, plus 24 inches.
Trenches shall be kept free from water until the material in
the joints has hardened. Trenches shall be sheeted and braces as necessary.
Such sheeting shall not be removed until backfilling has progressed
to such stage that no damage to pipe lines or structures will result
from its removal.
At street crossings, sidewalks and other points where the Engineer
deems necessary, the trenches shall be bridged in a secure manner
so as to prevent serious interruption of travel and to afford access
to public and private premises. Such bridges shall be approved by
the Engineer.
Excavated material shall be neatly piled a sufficient distance
back from the edge of the trench to avoid overloading and prevent
slides or cave in, and kept trimmed up so as to be of as little inconvenience
as possible to the public and adjoining property owners.
When the excavation is in firm earth, care should be taken to
avoid the removal of material below the established grade. If the
foundation is in rock, the excavation shall be carried to an elevation
which will provide for a bedding course not less than 12 inches thick
below the body of the pipe. This bedding course shall be suitable
earth or sand, free from rocks, roots, sod or vegetable matter and
shall be firmly tamped in place before shaping the bed to fit the
pipe. Before pipes are placed, the bottom of the trench shall be shaped
to give full support to the lower 1/4 of the pipe circumference. Adequate
bell holes shall be made at each joint. Where the excavation is in
unstable earth or muck, the contractor shall provide the necessary
materials for stabilization so the pipe will be laid on a firm foundation.
1.
Trenches shall not be backfilled until all required tests are performed
and until the utilities systems as installed conform to the specified
requirements.
2.
Backfill shall be suitable earth free from boulders, large roots
or excessive sod or other vegetation. Backfill shall first be carefully
hand tamped under and around the pipe up to six inches above the top
of the pipe, in lifts not to exceed four inches loose thickness. Care
shall be used to so place and tamp this bedding course so as to not
disturb the joints, alignment, or grade of the pipe. Filling shall
be carried on simultaneously on both sides of the pipes.
3.
Where pipe line is placed beneath a paved roadway or paved driveway,
or within five feet of the edge of an existing or proposed pavement
or base course, the tamping shall continue in six inch lifts to the
surface and such tamping shall be done with a mechanical tamper of
an approved type. Where the pipe line is clear of paved roadways or
driveways to a distance of five feet or more, the hand tamped backfill
shall be placed, as specified, to six inches above the top of the
pipe. At the contractor's option, the remainder of the trench backfill
may be consolidated by flooding with water, or tamping in six inch
layers. Any settlements which develop after flooding may be filled
up to surface. If any time within the time stipulated by the contract
and maintenance bond, after completion and acceptance of the contract,
there is any settlement of the trenches, and if the contractor fails
to comply with the owner's request within 10 days, the owner may make
such repairs and charge the cost of same to the contractor.
4.
All backfill of sewer trenches located in street right-of-way shall
be compacted to 90% of maximum dry density as measured by the standard
proctor method. A minimum of one compaction test for every 400 feet
of sewer shall be taken. If recompaction is necessary, unsatisfactory
tests will be repeated at the contractor's expense.
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 Maintenance
Superintendent before installation.
If the foundation is in unstable soil, the excavation will be
carried to a depth which will allow the placement of a six-inch thick
layer of crushed limestone as subgrade stabilization.
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.
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, but the Municipality does not and will not assume any obligation
or responsibility for damage caused by or resulting from any such
single connection aforementioned.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Maintenance
Superintendent, to meet all requirements of this Article.
No person shall make connection of roof downspouts, interior
and exterior foundation drains, areaway drains, heat pump 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 unless such connection is approved by the
Maintenance Superintendent for purposes of disposal of polluted surface
drainage; Provided, that if responsibility can be determined, the
party responsible for disposal of polluted surface drainage into the
public sanitary sewer shall pay a user charge equivalent to the cost
of treating the polluted drainage.
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.
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 Maintenance Superintendent.
Industrial cooling water or unpolluted process water may be discharged,
on approval of the Maintenance Superintendent, to a storm sewer, combined
sewer, or natural outlet. The contributor of any identifiable discharge
of polluted water to the sanitary sewer system shall be held responsible
for reimbursing the Municipality for such costs. The costs shall be
determined by the Maintenance Superintendent with the approval of
the Governing Body.
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 wastewater treatment
plant.
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 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, etc., either whole or ground by garbage grinders.
5.
Any waters or wastes having:
a)
A five day BOD greater than 300 parts per million by weight or,
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 Municipality, or
d)
A chlorine requirement greater than demanded by normal sewage as
evaluated by the Municipality's consulting engineer shall be subject
to the review of the Maintenance Superintendent.
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Where necessary in the opinion of the Maintenance Superintendent,
the owner shall provide, at his expense, such preliminary treatment
as may be necessary to:
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a)
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Reduce the biochemical oxygen demand to 300 parts per million
by weight, or
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b)
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Reduce the suspended solids to 350 parts per million by weight,
or
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c)
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Control the quantities and rates of discharge of such waters
or wastes, or
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d)
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Reduce the chlorine requirement to conform with normal sewage.
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Plans, specifications, and other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
the approval of the Maintenance Superintendent and no construction
of such facilities shall be commenced until said approvals are obtained
in writing.
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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 Maintenance 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 Maintenance
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 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°
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 3/4 horsepower
(0.76 hp metric) or greater shall be subject to the review and approval
of the Maintenance 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 Maintenance 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 Maintenance 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 Maintenance 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.
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 3-137, and which in the judgment of the Maintenance 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 Maintenance 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 3-143.
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If the Maintenance 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 Maintenance
Superintendent, and subject to the requirements of all applicable
codes, ordinances and laws.
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Grease, oil, and sand interceptors shall be provided when, in
the opinion of the Maintenance 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 Maintenance Superintendent and shall be located
as to be readily and easily accessible for cleaning and inspection.
In the maintaining of these interceptors the owner(s) shall be responsible
for the proper removal and disposal by appropriate means of the captured
material and shall maintain records of the dates, and means of disposal
which are subject to review by the Maintenance Superintendent. Any
removal and hauling of the collected materials not performed by owner(s)'
personnel must be performed by currently licensed waste disposal firms.
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.
When required by the Maintenance 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 Maintenance 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.
All measurements, tests, and analyses 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
analyses involved will determine whether a twenty-four-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 analyses are obtained from twenty-four-hour composites of all
outfalls whereas pH's are determined from periodic grab samples.)
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.
The Maintenance 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 Article. The Maintenance 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 Section 3-144 above, the Maintenance Superintendent or duly authorized employees of the Municipality shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Municipal Employees and the Municipality shall indemnify the company against loss or damage to its property by Municipal employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 3-142.
The Maintenance 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.
Any person found to be violating any provision of this Article except Section 3-148 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.
Any person violating any of the provisions of this Article shall
become liable to the Municipality for any expense, loss, or damage
occasioned the Municipality by reason of such violation.
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.
A permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction
of the Maintenance 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 Maintenance 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 Maintenance Superintendent.
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 of Nebraska. 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 10,000 square feet.
No septic tank or cesspool shall be permitted to discharge to any
natural outlet.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Municipality.
The Municipality has the legal authority to enforce its system
of user charges, industrial cost recovery charge, and sewer use regulations
on all existing or future users of the system whether located inside
or outside the Municipal limits.
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.
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 30 days of mailing
such notice the property owner fails or neglects to cause such repairs
or replacements to be made, the Maintenance Superintendent may cause
such work to be done and assess the cost upon the property served
by such connection. (Ref. 18-1748 RS Neb.)
