[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990 as Ch. 3, Art. 5, of the 1990 Code. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 158-3 — Neb. R.R.S. §§ 16-667 through 16-672, 16-680, 16-693, 16-694, 16-6,102 through 16-6,105 and 18-501 through 18-510
Section 158-4 — Neb. R.R.S. § 18-503.
Section 158-7 — Neb. R.R.S. § 18-503.
Section 158-9 — Neb. R.R.S. § 18-503.
Sections 158-12 and 158-13 — Neb. R.R.S. §§ 16-694 and 18-503.
The municipality through the Municipal Sewer Department shall furnish sewer service 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 Council may see fit to do so.
The rules, regulations and sewer rental rates hereinafter named in this chapter shall be considered a part of every application hereafter made for sewer service and shall be considered a part of the contract between every customer now or hereafter served. Without further formality, the making of the application on the part of any applicant or the use of sewer service by present water customers thereof shall constitute a contract between the customer and the municipality to which both parties are bound.
If the customer shall violate any of the provisions of said contract or any reasonable rules and regulations that the Council may hereafter adopt, the Director of Public Works, 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 director of public works or his agent.
As used in this chapter, the following terms shall have the meanings indicated:
- BIOLOGICAL OXYGEN DEMAND
- Includes the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in parts per million by weight.
- BUILDING OR HOUSE DRAIN
- Includes that part of the lowest horizontal piping of a house or building drainage system which receives the discharge from soil, waste or other drainage pipes inside the walls of any building or house.
- BUILDING OR HOUSE SEWER
- Includes that part of a house or building drainage system extending from the house or building drain to its connection with the main sewer.
- Includes solid wastes from the preparation of cooking and dispensing of food and produce.
- LOCAL VENTILATING PIPE
- Includes any pipe through which foul air is removed from a room or fixture.
- Includes the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- PLUMBING FIXTURES
- Includes receptacles intended to receive and discharge water liquid or water-carried wastes into the sewer system with which they are connected.
- PROPERLY SHREDDED
- Includes shredding to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle larger than 1/2 inch in diameter.
- SANITARY SEWER
- Includes a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
- Includes a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters surface waters and storm waters as may be present.
- SEWER SYSTEM
- Includes all facilities for collecting, pumping, treating and disposing of sewage.
- SOIL PIPE
- Includes any pipe which conveys the discharge of water closets with or without the discharge from other fixtures to the house or building drain.
- STORM SEWER
- Includes a sewer which carries storm and surface drainage, but excludes sewage and polluted industrial wastes.
- SUSPENDED SOLIDS
- Includes solids that either float on the surface of, or are in immersion in, water, sewage or other liquids, and are removable by filtering.
- Includes 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.
- TRAP SEAL
- Includes the vertical distance between the crown weir and the dip of the trap.
- VENT PIPE
- Includes any pipe provided to ventilate a house or building drainage system and to prevent trap siphonage and back pressure.
- WASTE PIPE
- Includes 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 municipality owns and operates the municipal sewer system through the Director of Public Works. The Council, 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 said tax shall be known as the "Sewer Fund."
The Director of Public Works 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 Council.
Any person wishing to connect with the sewer system shall make an application therefor to the City Clerk upon the blanks to be furnished by him for that purpose. The Director of Public Works may require rental applicants to make a service deposit in such amount as he deems necessary subject to the review of the Council.
Sewer service may not be supplied to any house or building, except upon the written order of the Director of Public Works. The Department shall not supply sewer service to any person outside the corporate limits without special permission from the Council; provided that the entire cost of pipe and other installation charges shall be paid by such customers. Nothing herein shall be construed to obligate the municipality to provide sewer service to nonresidents.
Upon written notice by the Director of Public Works the property owner, occupant or lessee shall, without delay, cause said building to be connected with the sewer system and equipped with inside sewerage facilities. Every building hereafter erected adjacent to a sewer main shall be connected with the sewer system at the time of its construction. In the event that any property owner, occupant or lessee shall neglect, fail or refuse, within a period of 10 days after notice has been given to him to do so by registered mail or by publication in a newspaper in or of general circulation in the municipality, to make such connection, the Council shall have the power to cause the same to be done, to assess the costs thereof against the property and to collect the assessment thus made in the manner provided for collection of other special taxes and assessments.
Cesspools or septic tanks for the reception of sewage or waste from a drain from any building shall only be permitted or allowed when the sewerage system is not available to the premise on which said cesspool or septic tank is located.
The sewerage system shall be considered available for the purposes of this section when said system abuts the premise on which said cesspool or septic tank is located. Cesspools and septic tanks when permitted or allowed, and all plumbing connected therewith, shall be constructed and installed by licensed plumbers subject to the same regulations applicable to connections with the municipal sewerage system.
Under no circumstances shall the owner or occupant of any property within the corporate limits construct, maintain or allow to remain a privy on property owned or occupied by him.
In making excavations in streets, alleys or sidewalks for the purpose of installing pipe or making repairs, the paving, stones and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade and during the night without warning lights. After the house sewer is laid, the public ways and property shall be restored to good condition. If the excavation in the public ways and property is left open or unfinished for a period of 24 hours or more, the Director of Public Works shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the owner, occupant or lessee of the property.
All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications for such installation prescribed by the Director of Public Works; provided that the said rules, regulations and specifications have been reviewed and approved by the Council. Any person cutting into the public sidewalks or public streets shall, in addition to all provisions herein, comply with all rules and regulations required in Chapter 166, Street sand Sidewalks, relating to the cutting of curbs and the excavation of the public ways and property.
The Director of Public Works or his duly authorized agent as Municipal Plumbing Inspector, shall make the following inspections of all installations, and it shall be the duty of the plumber doing work to notify the Director of Public Works prior to continuing past any said stage: when the trenching is completed; when pipes and other appurtenances have been connected, but before the same are covered; and after the trench has been covered, but before service has been started.
The customer shall be required to pay the expense of procuring the materials required, as well as the services of a licensed plumber, and shall pay all the expenses of installation.
All repairs and maintenance required to keep the sewer main in good order shall be made by the municipality at the expense of the municipality. All repairs and maintenance to sewer pipes or other appurtenances leading from the sewer main to the dwelling or building served shall be made by and at the expense of the customer.
[Amended 6-15-1999 by Ord. No. 1298; 6-4-2019 by Ord. No. 1845]
A sewer connection fee in the amount set forth in § 158-14A shall be paid to the City Treasurer for each structure to be connected to the municipal sewer system of the City and/or any other public sewer system for which the City is authorized by the governing body having jurisdiction over such public sewer to collect such connection fee on behalf of such body. No building permit shall be issued until the prescribed fees for inspection and connection have been paid.
[Amended 6-4-2019 by Ord. No. 1845]
Sewer use bills shall be due and payable monthly at the office of the City Clerk. The City Clerk shall charge and collect from each consumer billed for the amount of sewer use, together with any other charges properly itemized, due the Sewer Department. Sewer customers beyond the corporate limits of the City of Papillion shall be charged a sewer use rate approximately 1 1/2 times that of sewer customers within the corporate limits of the City of Papillion.
Bills shall be due on the first day of each month and shall be payable on the 15th day of each month. Bills not paid on or before the 15th day of each month shall be deemed to be delinquent and a charge equal to 10% of the amount due shall be added to the amount of the bill. On or about the 15th day of each month, the City Clerk shall send out notices of delinquency and demand payment immediately. In the event that the bill is not paid within seven days after receipt by the customer, it shall be the duty of the Director of Public Works to cut off service at any time as provided by this chapter; provided that if the delinquent customer is a known welfare recipient, it shall be the duty of the City Clerk to notify the customer and the County Welfare Department by certified mail of the proposed termination. Discontinuance of service shall follow those procedures as set forth in § 195-9 of the Code of the City of Papillion.
In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for sewer service furnished, such amount due, together with any rents, penalties and charges in arrears shall be considered a delinquent sewer rent which is hereby declared to be a lien upon the real estate for which the same was used.
The delinquent sewer rent shall be placed upon the assessment rolls for collection as a special tax. It shall be the duty of the City Clerk to report to the Council a list of all unpaid accounts due for service together with a description of the real estate served.
The report shall be examined, and if approved by the Council, shall be certified by the City Clerk to the County Clerk in the same manner as for the collection of other special taxes to be collected by the County Treasurer.
[Amended 6-4-2019 by Ord. No. 1845]
The City Council shall set, by ordinance, the sewer connection fee, sewer service charges, and sewer use rates to be charged to customers of the Municipal Sewer Department which rates shall be on file in the office of the City Clerk for inspection at any reasonable time. Rates shall in all cases be based upon the proportionate use of water by customers of the municipality above; provided, however, that there shall be a minimum service charge rate for which the customer shall always be liable.
[Amended 6-15-1999 by Ord. No. 1298; 10-15-2013 by Ord. No. 1673; 6-4-2019 by Ord. No. 1846]
Sewer connection fees.
Standard sewer connection fee. Sewer connection fees shall be charged on a per-dwelling-unit basis for residential uses and a per-acre basis for civic, commercial, industrial, and office uses.
Connection Fee for 96th Street, Airport, Buffalo, City Connection, Eagle Hills, Eagle Ridge Phase V, Fricke, Northeast No. 1, Northeast No. 2, Northwest, Portal Plaza, Portal Plaza South, Rumsey, South, Titan Springs, Walnut Creek, West, West Cornhusker Plaza, and Western Springs Outfall Service Areas:
Connection fee for Baseball Stadium and North Shore Commercial Outfall Areas (as authorized by the Baseball Stadium Interlocal Cooperation Agreement adopted by City Council via Resolution No. R10-0038 as may be amended from time to time):
Connection fee for South Sarpy Outfall Service Area (Southern Ridge Area):
Supplemental sewer connection fees for Nebraska Christian College subarea. A supplemental sewer connection fee shall be paid to the City Treasurer as set forth in this section for each structure to be connected to the municipal sewer system of the City within the Nebraska Christian College subarea of the Walnut Creek Outfall Service Area as defined in the Nebraska Christian College Sewer Agreement adopted by City Council via Resolution No. R06-0096. No building permit shall be issued until the following prescribed fees have been paid. Sewer connection fees shall be in the amount of $3,000 per acre or an equivalent per-lot fee as established within the applicable subdivision agreement.
Service charges are a combination fee, including both a City fee and Omaha Indirect fee, which shall be based upon water meter size and shall be paid monthly in addition to sewer connection fees as provided in Subsection A and sewer use fees as provided in Subsection C of this section. Such service charges shall be a minimum service rate for which the customer shall always be liable.
Commencing October 1, 2018, the service charge fees shall be:
Commencing October 1, 2019, the service charge fees shall be:
Commencing October 1, 2020, the service charge fees shall be:
Commencing October 1, 2021, the service charge fees shall be:
Commencing October 1, 2022, the service charge fees shall be:
Commencing October 1, 2023, the service charge fees shall be:
For residential uses as defined in § 205-17 and buildings used primarily as religious assembly as defined in § 205-18V within the City limits of the City of Papillion a monthly assessment fee of $2 to provide funding for the sewer backup fund shall be charged in addition to sewer connection fees as provided in Subsection A, service charges as provided in Subsection B(1), and sewer use fees as provided in Subsection C of this section.
Sewer use fees and rates.
Sewer use fees are collected based on the sewer use rates established herein. For residential sewer service users, the sewer use fee shall be calculated based on the average monthly usage of water during the qualifying months of December, January, February, and March (collectively, the "qualifying billing months" or "winter"). In the case of new residential users who have not yet established usage quantities in the qualifying billing months, the City Clerk shall bill that customer the average usage as calculated for the prior winter for residential customers until their individual winter usage has been established. For commercial sewer service users, the sewer use fee shall be calculated based on the water use per meter reading for each month.
Sewer use rates shall be a combination rate including both a City rate and Omaha Indirect rate, which combination rate shall be charged per 1,000 gallons of water.
Commencing October 1, 2018, sewer use rates shall be $3.29 per 1,000 gallons of water used for those users located within the City limits of the City of Papillion and $5.14 per 1,000 gallons of water used for those users located without the City of Papillion.
Commencing October 1, 2019, sewer use rates shall be $3.68 per 1,000 gallons of water used for those users located within the City limits of the City of Papillion, and $5.55 per 1,000 gallons of water used for those users located without the City limits of the City of Papillion.
Commencing October 1, 2020, sewer use rates shall be $3.86 per 1,000 gallons of water used for those users located within the City limits of the City of Papillion, and $5.82 per 1,000 gallons of water used for those users located without the City limits of the City of Papillion.
Commencing October 1, 2021, sewer use rates shall be $4.05 per 1,000 gallons of water used for those users located within the City limits of the City of Papillion, and $6.10 per 1,000 gallons of water used for those users located without the City limits of the City of Papillion.
Commencing October 1, 2022, sewer use rates shall be $4.24 per 1,000 gallons of water used for those users located within the City limits of the City of Papillion, and $6.39 per 1,000 gallons of water used for those users located without the City limits of the City of Papillion.
Commencing October 1, 2023, sewer use rates shall be $4.45 per 1,000 gallons of water used for those users located within the City limits of the City of Papillion, and $6.69 per 1,000 gallons of water used for those users located without the City limits of the City of Papillion.
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 said premise is destroyed by fire or other casualty, the consumer shall at once inform the Director of Public Works who shall cause the sewer service to be shut off from said premise. If the customer should fail to give notice, the customer shall be charged for that period of time until the official in charge of sewers is otherwise advised of such circumstances.
It shall be unlawful for any person to discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, surface drainage or unpolluted industrial process waters into the sanitary sewer. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into the municipal sewer system:
Liquid or vapors having a temperature higher than 150º F.
Water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Garbage that has not been properly shredded.
Sand, mud, metal, rags, paper or other solid or viscous substance capable of causing obstruction to the flow in the sewer system.
Toxic or poisonous substances in sufficient quantity to interfere with or injure the sewage treatment process, constitute a hazard to humans, animals or fish, or create any hazard in the receiving area of the sewage treatment plant.
Suspended solids of such character and quantity that unusual attention or expense is required to handle such materials.
Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having other corrosive properties capable of causing damage to the structures, equipment and personnel of the Municipal Sewer Department.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
In the event of a customer of the Municipal Sewer Department discharges an unusually large amount of waste daily, an unusually large amount of grease or oil or waste with an unusually high biochemical oxygen demand, the Director of Public Works may require said customer to install interceptors or other preliminary treatment equipment to reduce the objectionable characteristics of the waste to within such maximum limits as he shall prescribe subject to the review of the Council. All preliminary treatment facilities shall be purchased and maintained continuously in satisfactory and efficient operation at the customer's expense.
Nothing herein shall be construed to prohibit a special agreement or arrangement between the Council and an industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment subject to additional rental fees or other charges.
Entrance into a manhole or opening for any purpose except by authorized persons is hereby 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.
The Director of Public Works or his authorized agents shall have free access between the hours of 7:00 a.m. and 6:00 p.m. 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 chapter therein. It shall be the duty of every customer of the Sewer Department to answer all questions concerning the sewer and use thereof.
Any customer feeling aggrieved by reason of any controversy with the Director of Public Works or with the city itself over a sewer billing statement may present his or her grievance to the City Clerk. The City Clerk shall have the authority to adjust or compromise any billing statement in an amount not to exceed the amount set from time to time by City Council per customer per annum. Should the customer still feel aggrieved, after adjustment, compromise or refusal to adjust or compromise by the City Clerk, then the customer shall pay such charge under protest, in which event the City Clerk shall write on the receipt given such customer the words "paid under protest." Such customer may then present his or her verified claim in the manner provided for presenting claims to the City Council for a refund of the amount so paid under protest. Such claim shall then be considered by the Council in the same manner as other claims against the municipality. Any customer who feels aggrieved by being required to pay for the resumption of sewer service after the same shall have been shut off, may protest in the same manner as set forth herein.
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for such violation shall be fined in any sum not exceeding $500 or imprisoned six months, or both said fine and imprisonment at the discretion of the sentencing court.
[Added 3-7-2000 by Ord. No. 1323]
Construction of all new or replacement subsurface wastewater disposal systems must be approved and permitted by the City of Papillion Building Inspector. Building permits for new residences and/or other facilities proposing discharge of wastewater to a subsurface disposal system must include specific data to verify probable successful performance of the system. All applications for permits which propose subsurface wastewater disposal systems will include the following information:
Certified report of percolation tests and seasonal groundwater level test hole results. The percolation test results (absorption rate of ground-disposed liquids) must be the basis for the design of all proposed drain field installations, replacements and extensions of laterals. All percolation tests must be conducted by qualified personnel.
Site maps, including the location of system components, the building being served and other site improvements such as buildings, driveways, drainage ditches and natural watercourses, public or private water wells in the area, the location of percolation test holes and test boring holes (minimum boring depth shall be 10 feet below natural grade to determine groundwater presence) and cross-sectional drawing of the proposed system and spacing of laterals and the reserve area. Where there are site conditions such as steep or highly variable topography, potential natural waterway obstruction and/or other unusual conditions, additional data must be provided with the site map. These data include such items as the location and elevation of the high seasonal groundwater or other circumstances which create a need for extraordinary design (e.g., full or partial mound systems, dosing systems, stepped distribution systems, drain fields remote from site which are either gravity fed or dose pumped, etc.), spot elevations of the existing ground or contour maps, finished floor elevations of the lowest floor being served by the sewer, septic tank invert and outlet elevations, distribution box elevation, drainfield invert elevations and, as applicable, mound cover elevations, dosing calculations and other data that may be requested. The purpose of these data is to ascertain probable acceptable performance of the proposed wastewater system.
Site evaluation is the key to drain-field success. Where difficult sites such as those described above are considered, the system must be designed by a registered engineer. All testing, site layout, system design and construction shall be done to Nebraska Department of Environmental Quality Standards: Title 124 - Rules and Regulations for the Design, Operations and Maintenance of Septic Tanks.
"Qualified personnel" is defined as those who are registered professional engineers or persons who have received special training in conducting percolation tests and are knowledgeable in the design, installation, operation and maintenance of septic tank and subsurface disposal systems and State of Nebraska rules and regulations govern the same. A certificate of attendance at a Nebraska State Department of Environmental Quality organized wastewater treatment workshop or similar equivalent training may be used to meet qualification requirements.
Proof of qualifications may be provided before or at the time of application of the permit. The city will maintain a register of qualified personnel authorized to perform such work within the city's jurisdiction.
Except for currently registered professional engineers, all persons seeking listing as a qualified person will provide the City Building Inspector a copy of a certificate of completion of germane, specialized training similar to that cited above. The City Building Inspector will determine the acceptability of all specialized training.