The City Manager is empowered to purchase such supplies, equipment, tools, machinery and materials as may be required for the efficient operation and maintenance of the public utilities systems, in the manner provided by law.

(Code 1958, 2.29; Code 1980, 34-1)

The rates and charges to be imposed for the use or consumption of water service, sewer service, garbage and trash collection or any other utility service offered by the City shall be as determined by resolution of the Council from time to time and on file in the office of the City Clerk.

(Code 1958, §2.30, 2.31, 26.5—26.8, 31.12-1—31.12-4, 31.13, 31.13-1; Ord. No. 2679, 7-26-77; Ord. No. 2680, 7-26-77; Ord. No. 3355, 1, 3-10-81; Code 1980, 34-2; Ord. No. 8375, § 15, 9-10-2019)

Poles, wires, gas mains, pipe lines and other appurtenances of public service companies shall be erected or located over, upon or under the streets, alleys and common grounds, or elsewhere, within the City, only after application shall have been made to the City Manager and permission in writing shall have been given by him/her to do so. Public service companies heretofore or hereafter granted right-of-way for the erection and maintenance of poles, conduits, gas mains, pipe lines and wires, and all appurtenances thereto, for the purposes of transacting their business upon, under and over the streets, alleys and public grounds of the City, shall at all times, when requested by the City Manager, erect, locate or relocate their poles, wires, gas mains, pipe lines and other appurtenances to such places and in such manner as designated by the Manager. Such poles, wires, gas mains, pipe lines and other appurtenances shall be removed or relocated by such companies at their own expense when requested to do so by the City Manager. Whenever it becomes necessary for the City to use the ground where the poles, wires, gas mains, pipe lines and other appurtenances are located, or whenever reasonable means of ingress or egress to private or public property or the public safety or convenience requires the relocation of the poles, wires, gas mains, pipe lines or other appurtenances of public service companies which now occupy any portion of the public street or alley from lot line to lot line, the City Manager shall notify the company or its agent in the City and the company shall, within twenty-four (24) hours after receiving such notice, at their own expense, cause the poles, wires, gas mains, pipe lines or other appurtenances to be removed. The City Manager shall designate some place as close as possible where such poles, wires, gas mains, pipe lines or other appurtenances may be reset or placed. All poles, wires, gas mains, pipe lines or other appurtenances shall be erected in such a manner that they will not interfere with the water system, the sewer system, or the wires, lines, equipment or apparatus on the poles and arms of any public utility of the City, located on the same street or alley or with the travel through the streets and alleys of the City, or with the buildings now erected or which may be hereafter erected. When permitted, such poles, wires, gas mains, pipe lines or other appurtenances shall be confined to the alleys where possible.

(Code 1958, 2.63; Code 1980, 34-3)

All premises, including commercial or industrial businesses, or premises which are habitable or used for human occupancy within the City limits shall be directly connected to a public water distribution main and the public sewer system where these mains are available within three hundred (300) feet of any part of the premises upon which the occupied premise or habitable dwelling is located.

Water or sewer distribution connections to abutting lots or properties, or to other separate occupied premises or habitable dwellings are prohibited, unless specifically approved by the Council.

(Ord. No. 3888, 1, 1-27-87; Code 1980, 34-4)

The City, through the City Manager, reserves the right to elect to construct all sewer service in public streets and alleys or other public grounds in the City between the main sewer and the applicant's property line. Sanitary sewer shall mean a sewer main or line which carries sewage and excludes storm, surface and ground water. The City will maintain, at its expense, the sewer main. It will be the responsibility of the property owner to maintain, repair and replace the sewer service between the sewer main and the occupied premises or habitable dwelling.

(Code 1958, 26.1; Code 1980, 34-16; Ord. No. 6087, 3-12-96)

It shall be unlawful for any person to obstruct or cause to be obstructed any public drainage ditch or storm sewer within the City, by placing or dumping therein any dirt, rubbish, litter, trash, grass clippings or any other matter whatsoever.

(Code 1958, 26.2; Code 1980, 34-17)

It shall be unlawful for any person to connect any private sanitary sewer or drain with any public drainage ditch or storm sewer within the City or to permit any such private sanitary sewer or drain previously connected with any public drainage ditch or storm sewer to remain connected therewith. It is unlawful to connect roof drains or downspouts, interior and exterior foundation drains, areaway drains or other sources of surface runoff or groundwater, cooling water, basement dewatering sump pumps, swimming pool discharge, or other non-contact or non-process water, either directly or indirectly, to the public sanitary sewer system. It is unlawful to discharge toxic waste or other pollutants in amounts or concentrations that endanger the public safety or the physical integrity of the wastewater treatment plant, or cause the violation of the effluent limits at the wastewater treatment plant or to preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal. Private sewer services and their connections, and new sewer mains and their connections to existing City sewer mains, must meet the requirements of the specifications of the City Utility Department Design Manual.

(Code 1958, 26.3; Code 1980, 34-18; Ord. No. 6087, 3-12-96)

A.

No person shall make connections of roof downspouts, interior and exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

B.

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 process waters to any sanitary sewer.

C.

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

(Ord. No. 6087, 3-12-96; Ord. No. 8131, 3-14-17)

A.

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 City Utilities Department.

B.

There shall be two (2) types of sewer permits: (a) for tapping a sanitary sewer, and (b) for tapping a storm sewer. In either case, the owner or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City Building and Zoning Division. A permit and inspection fee for a sewer permit shall be paid to the City at the time the application is filed.

C.

All costs and expenses incident to the installation and connection of the sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D.

Old sewers may be used in connection with new buildings only when they are found, on examination and test by the City Utilities Department, to meet all requirements of this ordinance.

E.

The size, slope, alignment, materials of construction of a 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 City. 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.

F.

Whenever possible, the 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.

G.

The connection of the sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the City Utilities Department before installation.

H.

The applicant for the sewer permit shall notify the City Building and Zoning Division when the sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Building and Zoning Division or their representative.

I.

All excavations for sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

(Ord. No. 6087, 3-12-96)

A.

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 gasses in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters or at the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

3.

Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

4.

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.

B.

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 City Utilities Department, 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 an opinion as to the acceptability of these wastes, the City Utilities Department 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, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

1.

Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

2.

Any waters or wastes containing iron, chromium, copper, zinc and/or 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 City Utilities Department for such materials.

3.

Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the City Utilities Department 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.

4.

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Utilities Department in compliance with applicable State or Federal regulations.

5.

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.

C.

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 Subsection B of this Section, and which, in the judgment of the City Utilities Department, 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 City Utilities Department 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 10-207 of this Article.

If the City Utilities Department 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 City Utilities Department, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. No. 6087, 3-12-96)

The Council of the City hereby finds and determines: The City has constructed and owns and operates a sanitary sewerage system and plant for the treatment, purification and disposal in a sanitary manner of the liquid and solid wastes, sewage and night soil from the City and adjacent territory and it will be necessary from time to time to extend and improve the system and plant. For the purpose of operating, maintaining, extending and improving the sewerage system and plant and paying the principal and interest on the bonds issued by the City from time to time as authorized by Section 18, Article 5 of the Nebraska Revised Statutes, as amended, it is necessary to establish and collect the rental or use charges for the use of its sewerage system as provided by this Article.

(Code 1958, 26.4; Code 1980, 34-26)

The rental or use rates prescribed by this Article shall be charged to each property served by the City's sewerage system and shall be a lien upon the premises or real property served and may be collected either from the owner of the property or the user requesting the service, and the water service to such user or property may, except for domestic subscribers who are entitled to notice and hearing, if requested, in accordance with Section 70-1605, et seq. of the Nebraska Revised Statutes prior to disconnection, be disconnected until the rental charges are paid in full. The rental and use charges shall be collected at the same time and in the same manner and by the same officers as water charges are collected by the City. If the rental or use charge is not paid within twenty (20) days after it is billed to the user, it shall be deemed delinquent; and the water service to such user or property, after notice and opportunity for hearing, may be discontinued until the rental charges are paid in full. If water service is discontinued by reason of delinquency, a charge as set forth in the City of Kearney Comprehensive Fee Schedule shall be made to the Director of Finance for the reconnection during normal working hours. A charge as set forth in the Comprehensive Fee Schedule shall be made for the reconnection after hours, weekends and holidays. In addition thereto, all delinquent rental or use charges shall be certified to the Director of Finance for levy and collection thereof according to the provisions of Section 16-682 of the Nebraska Revised Statutes or as otherwise prescribed by law for delinquent and unpaid assessments. When a City employee disconnects a customer's utilities for nonpayment, there shall be charged a reconnection fee as set forth in the Comprehensive Fee Schedule if reconnection is made during working hours (8:00 a.m. through 5:00 p.m., Monday through Friday), and a reconnection fee if reconnection is made between the hours of 5:00 p.m. and 8:00 a.m., Monday through Friday, all day Saturday or Sunday, or a legal holiday. This charge, as well as the bill, must be paid before service is reconnected.

(Code 1958, 26.9; Ord. No. 5033, 1, 7-25-89; Code 1980, 34-27; Ord. No. 6087, 3-12-96; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 8375, § 16, 9-10-2019)

All money collected under this Article shall be placed in a "sewer revenue account" within a separate fund to be known as the "sewer revenue fund" and used to service and retire such sewer revenue bonds as may from time to time be issued by the City and secured by a pledge of such funds and to defray the expense of administering the terms and provisions of this Article and for the construction, extension, maintenance, operation and all purposes necessary and incidental to the sewerage system of the City, including its disposal plants or for a reserve fund for future maintenance or construction of new systems.

(Code 1958, 26.10; Code 1980, 34-28)

A.

The following rates shall be levied against each property served directly or indirectly by the sanitary sewerage system of the City:

1.

Residential Units. Each and every consumer of City water used exclusively for residential purposes shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule for the use of the sanitary sewer system. In addition to the minimum monthly charge, each and every consumer of City water used exclusively for residential purposes shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used based on the average water usage for that property as shown by the water billing rendered during the months of January, February and March, last preceding the date of billing for sewer charges for the use of the sanitary sewer system. Until consumptive history is properly established for previously unoccupied residential properties, or if the metering does not allow the establishment of water usage for individual residences, the monthly charge shall be set forth in the City of Kearney Comprehensive Fee Schedule.

2.

Multiple Residential Units and Apartment Houses. Each and every multiple residential unit or apartment house using the sanitary sewerage system shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule per water meter for the use of the sanitary sewer system. In addition to the minimum monthly charge per water meter, each and every consumer using the sanitary sewerage system exclusively for multiple residential or apartment house purposes shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used based on the average water usage for that property as shown by the water billing rendered during the months of January, February and March, last preceding the date of billing for sewer charges for the use of the sanitary sewer system. Until consumptive history is properly established for previously unoccupied multiple residential units or apartment houses, or if the metering does not allow the establishment of water usage for individual multiple residential units or apartment houses, the monthly charge shall be as set forth in the City of Kearney Comprehensive Fee Schedule per each multiple residential unit or apartment unit.

3.

Commercial and Industrial Units. Each and every commercial or industrial unit using the sanitary sewerage system shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule. In addition to the minimum monthly charge, each commercial or industrial unit shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used. For units not serviced by a water meter, the rate will be based on the size of water service

4.

Manufactured Home Courts. Each and every manufactured home court using the sanitary sewerage system shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule per water meter for the use of the sanitary sewer system. In addition to the minimum monthly charge per water meter, each and every consumer using the sanitary sewerage system exclusively for manufactured home court purposes shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used based on the average water usage for that property as shown by the water billing rendered during the months of January, February and March, last preceding the date of billing for sewer charges for the use of the sanitary sewer system. Until consumptive history is properly established for previously unoccupied manufactured home courts, or if the metering does not allow the establishment of water usage for the manufactured home court, the monthly charge shall be as set forth in the City of Kearney Comprehensive Fee Schedule per each available space.

5.

Industrial - High Volume, Low Strength. Each and every high volume, low strength industrial unit using the sanitary sewerage system shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule. In addition to the minimum monthly charge, each commercial or industrial unit shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used. For units not serviced by a water meter, the rate will be based on actual wastewater flow through sewer flow meters as defined in Paragraph F of this Section.

B.

Special Contracts. A special contract may be negotiated between the large users and the City. The contract shall be based on both the quantity and strength of the waste emptied into the City's sanitary sewer system.

C.

Service Outside City Limits. Connections with the City's sanitary sewer system outside the corporate limits of the City shall be made only when permission is granted by the City.

D.

Exceptions to Rates. Exceptions shall be made to the above schedule of rates in the following cases:

1.

Where, in the judgment of the City, special conditions affecting the real property of any user served by the sanitary sewerage system of the City shall exist to the extent that the rental charges set out in the above schedule will result in an inequitable or unfair charge for either the City or the property, the City may, based upon the facts and circumstances of each individual case, levy a special rental or use charge applicable to that particular property.

2.

No rental or use charge shall be levied against any property not served directly or indirectly by the sanitary sewerage system of the City. If any user discharges only a part of waste produced on the property connected to the City's sanitary sewerage system into the City's sanitary sewerage system and disposes of the balance in some other way, the user shall be charged only for that portion of the waste discharged into the City's sanitary sewerage system.

E.

Delinquency Fee. If the rates or charges billed against each property served by the sanitary sewerage system of the City are not paid to the City of Kearney by the due date as indicated on the utility bill, such bill shall become subject to a delinquency fee of five percent (5%) of the total bill.

F.

Sewer Flow Meters Required. Wherever dischargers to the sanitary sewer system use private wells for process water or claim a consumptive use of City water, the City will require that the owner(s) meter the discharge with equipment meeting City specifications. Said meter reading will be used to calculate the monthly sewer use charge. The flow metering equipment will be owned by the discharger and will be purchased, maintained and replaced at the discharger's expense. If the discharger fails to maintain or replace the metering equipment, the City will maintain or replace the equipment and will charge the discharger the costs of the maintenance or replacement.

G.

Toxic Pollutant Discharges. Dischargers of toxic pollutants will be charged for the increased operation and maintenance costs incurred because of the toxic pollutants.

H.

Wastewater Treatment Charges. The City will notify each user, at least annually, in conjunction with a regular bill or other means, of the rate and that portion of the user charges which are attributable to wastewater treatment services.

I.

User Charge System; Precedence. All parties are hereby notified that the user charge system takes precedence over any terms or conditions of agreements or contracts between the City and users (including industrial users, special districts, other municipalities, or Federal agencies or installations) which are inconsistent with the requirements of Section 204(b)(1)(A) of the Clean Water Act and the corresponding regulations.

(Ord. No. 3352, 1, 3-10-81; Ord. No. 3561, 1, 12-14-82; Ord. No. 3594, §1, 3, 5-26-83; Ord. No. 3855, 1, 6-24-86; Code 1980, 34-29; Ord. No. 5536, 3-9-93; Ord. No. 5864, 12-13-94; Ord. No. 6087, 3-12-96; Ord. No. 6600, 12-14-99; Ord. No. 7259, 5-9-2006; Ord. No. 7753, 10-23-2012)

All property owners requesting sewer service for properties abutting or adjacent to a sewer main constructed as part of a sewer main connection district and for which the special benefits have been certified by resolution to the Register of Deeds of Buffalo County shall pay the connection fee in the amount of the benefits. All property owners requesting sewer service for properties which do not abut a sewer main and have not been assessed or been included in a sewer district but want to connect to a sewer main through a private sewer service shall pay a hook-up fee as set forth in the City of Kearney Comprehensive Fee Schedule based upon the present costs of laying and assessing a sewer main to the property in lieu of an assessment and protest right in a properly created district in the future. Where records are incomplete or otherwise unavailable, the City Manager may waive the fee.

(Ord. No. 6087, 3-12-96; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

All domestic water supply systems shall comply with the standards as set forth by the State of Nebraska Department of Environmental Quality and State of Nebraska Department of Health. The use of private wells within the City limits for domestic drinking supplies is prohibited, except when public water supply is not available and upon approval by the City Manager. Connections of private water supplies or services to the City's water system are prohibited.

(Code 1958, 16.19-1; Code 1980, 34-40)

Water will not be turned into any house, or service pipe except upon the order of the City Manager, and plumbers are prohibited from turning the water into any service pipe except on such order; provided, that this rule shall not be construed to prevent plumbers admitting water to test pipes, but for that purpose only.

(Code 1958, 31.1; Code 1980, 34-41)

No person shall be permitted to have, make or have made, any taps or connections with the service pipe between the meter and the mains.

(Code 1958, 31.2; Code 1980, 34-42)

The owner or tenant shall provide ready and convenient access to the meter so that it may be easily examined and read, and all consumers of water shall permit duly designated City employees at all hours between seven o'clock (7:00) a.m. and six o'clock (6:00) p.m. to enter their premises or buildings for the purpose of testing any meters or to examine the pipes, meters or other fixtures. All meters of consumers shall be read at a time designated by the City Manager to cover the period in which the water was consumed.

(Code 1958, 31.3; Code 1980, 34-43)

The applicant for water service from the water works system of the City shall accompany the application with a tap fee in such sum as the City Manager shall in each case fix, which shall not exceed the actual cost based upon measurement from the center of the street upon which the main is located and which sum shall be paid. The City Manager will tap or cause to be tapped the commercial main to which the applicant's service pipe will be joined. For the tap fee, the City will furnish all material and labor to bring the water service from the commercial main to a point at or near the curb line where the stop box is placed; provided that the above service shall be furnished for the tap fee only in those cases where the applicant's property abuts a street where a commercial main is now laid or is hereafter laid. The applicant at his/her own expense shall build water service from the curb line in and upon his/her own premises and shall keep the same in repair. The City will repair any water service from the commercial main to the curb including the stop box; but when the water service between the commercial main and the lot line shall completely wear out and require replacement on account of ordinary use over a period of years, the consumer shall be liable for the actual cost of such replacement as in the case of a new tap or installation.

(Code 1958, 31.4; Code 1980, 34-44; Ord. No. 5290, 8-13-91)

Applicants for water service whose property is situated outside the corporate limits of the City shall pay tap and installation fees in such sums as the City Manager shall in each case fix; provided, however, that nothing herein shall be construed to obligate the City to furnish water service to such property unless it is able to do so without curtailing the demands of City consumers or without overloading its pumps, machinery or other equipment.

(Code 1958, 31.5; Code 1980, 34-45)

All meter pits, if meters are not set in basements, shall be constructed by the applicant or property owner, at his/her own expense, at a point near the property line and shall be of such design as sanctioned and approved by the City Manager; provided, that all meters shall be set in a position so that the same may be easily read, whether the same be set in a meter pit or in a basement. The City Manager shall, whenever it is inconvenient to make readings of any meter now set or hereafter to be set in a meter pit or in a basement, be empowered to give the property owner twenty (20) days' notice in writing to reset such meter in a position so that the same may be easily read, and if the property owner refuses or neglects to do so, then the City Manager shall set such meter and the cost thereof shall be charged to and paid by such property owner.

(Code 1958, 31.6; Code 1980, 34-46)

If commercial mains are not laid along a street abutting the applicant's property, the applicant, at his/her own expense, under the direction of a licensed plumber shall pay for and install pipes, trenching, labor and attachments to bring water service from the curb line to the streets where the commercial main is laid to and upon the applicant's premises; provided, that the commercial main may be extended into unsupplied territory within or without the corporate limits by means of water extension or connection district, as provided by law, by resolution or ordinance of the Mayor/President and Council; and provided further, that no credit for construction costs of water service to be paid for by the applicant shall hereafter be given any applicant or consumer for any purpose.

(Code 1958, 31.7; Code 1980, 34-47)

No person except the City Manager or the engineer employed by the City, or a licensed plumber under the supervision of the City Manager, will be permitted, under any circumstances, to tap the mains or distributing pipes, or insert stopcocks or ferrules therein.

(Code 1958, 31.8; Code 1980, 34-48)

Proprietors of business establishments will be permitted to connect such places by larger pipes, with hydrants and hose couplings, with the water mains, at their own expense, upon application to, and under the supervision of, the City Manager, and will be allowed to use the water for fire purposes only; provided, however, that the City shall put in the water meter at the expense of the proprietor; and provided further, that each proprietor shall be charged and pay for all water taken through such meters, except when taken in cases of fire; when used in case of fire the proprietor shall forthwith notify the City Manager of the use of water for such purpose; if such notice is not given as above provided, the proprietor shall be charged and pay for the water taken through such meter at the same rates as are provided for other consumers.

(Code 1958, 31.9; Code 1980, 34-49)

All hydrants erected by the City for the purpose of extinguishing fires are hereby declared to be public hydrants, and no person other than members of the Fire Department, and then only for the use and purpose of the Fire Department, or persons specially authorized by the City Manager, and then only in the exercise of the authority delegated by the City Manager, shall open any of such hydrants, or attempt to draw water from the same, or in any manner interfere with the same. No hydrants, except the public fire hydrant aforesaid or except for public drinking fountains, shall be placed within the limits of any streets; and no drinking fountain shall be so erected which has openings by which it can be used as a source of domestic supply.

(Code 1958, 31.10; Code 1980, 34-50)

The City reserves the right to suspend the use of water for sprinkling yards, lawns, gardens or for irrigation purposes, whenever in the opinion of the Council the public exigency may require it.

(Code 1958, 31.11; Code 1980, 34-51)

Should any meter become out of order or in need of repair and fail to register properly, the consumer will be charged at the average monthly consumption as shown by the meter reading when in good order for the six (6) months previous or fraction thereof; if the same has not been used that long, all such meters shall be repaired by the City Manager; and all meters shall be sealed by the Manager, and it shall be unlawful to break such seal or open any meter except under the direction or upon the order of the City Manager.

(Code 1958, 31.12; Code 1980, 34-52)

All water and meter rates shall be charged to and collected from the owner of the premises, and the same shall be a lien on such premises or real estate where used and may be collected by the City at any time after the same becomes due by civil action in the courts. If the rental or use charge is not paid within twenty (20) days after the due date billed to the user, it shall be deemed delinquent, and it shall be the duty of the Utilities Director, subject to the notice and hearing requirements for domestic subscribers, to shut off the water to any and all premises where the bills or charges therefor are delinquent. The Utilities Director may report the names of owners of any premises served with water who are delinquent in the payment of their water bills or charges for a period of three (3) months after due date. The Council may then levy the delinquent charges against the subject real estate as a special assessment, which assessment shall be certified by the City Clerk to the County Clerk of Buffalo County, Nebraska, and the County Clerk shall, thereupon, place the same on the tax rolls for collection in the same manner as other City taxes; provided that the Council shall notify in writing non-occupying owners of premises, or their agents, whenever their tenants or lessees are sixty (60) days delinquent in the payment of water rent. If the owner of said real estate or his/her agent shall notify the Council in writing to discontinue water service to said real estate or the occupants thereof, it shall be the duty of the officer in charge of the Utilities Department to promptly discontinue said service, and rentals for any water furnished to the occupants of said real estate in violation of said notice shall not be a lien thereon.

(Code 1958, 31.13-2; Code 1980, 34-53)

The Municipality shall have the right to discontinue services and remove its properties if the charges for such services are not paid within twenty (20) days after the date that the same becomes delinquent. Before any termination, the Utilities Department shall first give notice by first class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven (7) days, weekends and holidays excluded. As to any subscriber who has previously been identified as a welfare recipient to the Utilities Department by the Department of Social Services, such notice shall be by certified mail and notice of such proposed termination shall be given to the Department of Social Services.

The notice shall contain the following information:

A.

The reason for the proposed disconnection;

B.

A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the Utilities Department regarding payment of the bill;

C.

The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;

D.

The name, address, and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;

E.

The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;

F.

A statement that the Utilities Department may not disconnect service pending the conclusion of the conference;

G.

A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate which shall certify that the domestic subscriber or resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. Such certificate shall be filed with the Utilities Department within five (5) days of receiving notice under this Section and will prevent the disconnection of the Department's services for a period of thirty (30) days from such filing. Only one (1) postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any due account;

H.

The cost that will be borne by the domestic subscriber for restoration of service;

I.

A statement that the domestic subscriber may arrange with the Utilities Department for an installment payment plan;

J.

A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and

K.

Any additional information not inconsistent with this Section which has received prior approval from the Governing Body.

A domestic subscriber may dispute the proposed discontinuance of service by notifying the Utilities Department with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the utility may discontinue services.

The procedures adopted by the Council for resolving utility bills, three (3) copies of which are on file in the office of the Municipal Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part hereof as though set out in full.

This Section shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.

State Law reference— Neb. Rev. Stat. 70-1601, et seq.

Subject to the right to notice and hearing provided herein for domestic subscribers, the Utilities Director is hereby authorized to shut off and disconnect the water service of any consumer after the bill of such consumer shall have become delinquent. When any water service has been shut off or disconnected by reason of delinquency in payment of the bill for such service, a fee in the amount as set forth in the City of Kearney Comprehensive Fee Schedule shall be paid upon the turning on or reconnecting of such service by the party making application for the resumption of such service; provided, that the fee shall be as set forth in the Comprehensive Fee Schedule if turning on or reconnection is requested to be made on a Saturday, Sunday or a legal holiday or before or after regular office hours of the City Utilities Department. When water service has been shut off or disconnected for nonpayment of a bill, it shall not be turned on without proper clearance from the Director of Finance and a payment of the fee prescribed in this Section.

No plumber, pipefitter or any other person not in the employ of the City Utilities Department shall turn on water without an order from the Utilities Director.

(Code 1958, 31.13-3; Ord. No. 5033, 2, 7-25-89; Code 1980, 34-54; Ord. No. 6088, 3-12-96; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 8375, § 17, 9-10-2019)

A.

The following rates shall be levied against each property served directly or indirectly by the water system of the City:

1.

Residential Units. Each and every consumer of City water used exclusively for residential purposes shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule. In addition to the minimum monthly charge, each and every consumer of City water used exclusively for residential purposes shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used.

2.

Multiple Residential Units and Apartment Houses. Each and every consumer of City water used exclusively for multiple residential purposes shall be billed a minimum monthly charge as set forth in the City of Kearney Comprehensive Fee Schedule per meter. In addition to the minimum monthly charge per meter, each and every consumer of City water used exclusively for multiple residential purposes shall be charged a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used.

3.

Commercial and Industrial Units. Each and every consumer of City water used exclusively for commercial or industrial purposes shall be billed a minimum monthly charge based on meter size. The minimum monthly charge for each meter size is set forth in the City of Kearney Comprehensive Fee Schedule.

In addition to the minimum monthly charge, each and every consumer of City water used exclusively for commercial or industrial purposes shall be charged as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used. For those units not serviced by a water meter, the charge will be based on the size of water service. No discounts are allowed.

4.

Manufactured Home Courts. The monthly charge for manufactured home courts will be assessed according to the following schedule: Number of meters multiplied by a fee as set forth in the City of Kearney Comprehensive Fee Schedule per month plus a fee as set forth in the City of Kearney Comprehensive Fee Schedule per each one hundred (100) cubic feet of water used.

B.

Connections Outside City Limits. Connections with the City's water system outside the corporate limits of the City shall be made only when permission is granted by the City.

C.

Delinquency Fee. If the rates or charges billed against each property served by the water system of the City are not paid to the City of Kearney by the due date as indicated on the utility bill, such bill shall become subject to a delinquency fee of five percent (5%) of the total bill and shall be subject to disconnection pursuant to Section 10-315 and Section 10-316 of the Code.

(Ord. No. 3353, 1, 3-10-81; Ord. No. 3557, 1, 12-14-82; Ord. No. 3595, §1, 3, 5-26-83; Ord. No. 3856, 1, 6-24-86; Ord. No. 3906, 1, 3-10-87; Code 1980, 34-55; Ord. No. 5537, 3-9-93; Ord. No. 5865, 12-13-94; Ord. No. 6599, 12-14-99; Ord. No. 7259, 5-9-2006; Ord. No. 7753, 10-23-2012)

All property owners requesting water service for properties abutting or adjacent to a water main constructed as part of a water main connection district and for which the special benefits have been certified by resolution to the Register of Deeds of Buffalo County shall pay the connection fee in the amount of the benefits. All property owners requesting water service for properties which do not abut a water main and have not been assessed or been included in a water district but want to connect to a water main through a private water service shall pay a hook-up fee as set forth in the City of Kearney Comprehensive Fee Schedule based upon the present costs of laying and assessing a water main to the property in lieu of an assessment and protest right in a properly created district in the future. Where records are incomplete or otherwise unavailable, the City Manager may waive the fee.

(Ord. No. 4091, 1, 3-28-89; Code 1980, 34-56; Ord. No. 6088, 3-12-96; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

All installed mechanical refrigeration or water cooled air conditioning units or cooling systems, swimming pools and roof drains shall be constructed so that the waste water or condensate from such systems shall be carried to and discharged into the storm sewer system of the City. All processed water must be discharged into the sanitary sewer system. Permission shall be granted upon application made to the Director of Utilities to construct conduits or pipe lines under the public sidewalks and in the streets and alleys in order to provide the owner or operator of such mechanical refrigeration or water cooled air conditioning units or cooling systems direct and proper connections with the storm sewer system of the City. Whenever any street, alley or sidewalk shall be broken or opened, and excavations made for the purpose of laying connections with the storm sewer, the same shall be done at such times and in such places as shall be approved by the City Engineer and in conformity with the ordinances of the City. The surface of any street, alley or sidewalk which shall be opened in providing such storm sewer connections shall be promptly restored to its original surface according to specifications on file in the office of the City Engineer.

(Code 1958, 31.14; Code 1980, 34-62)

It is expressly provided, however, that should the owner or operator of any such system install a cooling tower to be used in connection therewith, the water circulated and used in such system may be discharged upon any street or alley not to exceed one (1) time per month for the purpose of making necessary major repairs or for the purpose of cleaning such system; provided, however, the discharging thereof shall be done between the hours of ten o'clock (10:00) p.m. and six o'clock (6:00) a.m., so that the same will not interfere with the use and enjoyment of any such street, alley or sidewalk by the public.

(Code 1958, 31.16; Code 1980, 34-64)

Nothing herein contained shall be construed to prohibit any person operating a mechanical refrigeration or air conditioning system in the residential district from using the waste water or liquid for the purpose of irrigating lawns, gardens, trees and shrubs; provided, however, in no event shall the waste water or condensate from such units be discharged upon any street, alley, public sidewalk or into a sanitary sewer.

(Code 1958, 31.17; Code 1980, 34-65)

Any person who shall discharge the water or condensate from any mechanical refrigeration or water cooled air conditioning units or cooling systems upon the streets, alleys, sidewalks or into a sanitary sewer, shall upon conviction be deemed guilty of a misdemeanor and shall be fined as provided in Section 1-111 and costs of prosecution are paid.

(Code 1958, 31.18; Code 1980, 34-66)

The City of Kearney, does hereby establish a Stormwater Utility, the purpose of which is to assist the City of Kearney in its responsibility for the operation, construction, maintenance and repair of stormwater drainage system facilities to provide adequate systems of collection, conveyance, detention, treatment and release of stormwater and the reduction of potential hazards to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the storm and surface water system and its receiving waters.

(Ord. No. 8127, 2-14-2017, effective April 1, 2017; Ord. No. 8131, 3-14-17)

The City of Kearney shall be empowered to administer the Stormwater Utility and may delegate such duty and responsibility as is necessary to carry out the provisions of this Ordinance within the limits of the budget, directives and storm drainage regulations adopted by the governing body of the City of Kearney for this Utility.

(Ord. No. 8127, 2-14-2017, effective April 1, 2017; Ord. No. 8131, 3-14-17)

The City of Kearney shall adopt an operating budget for each fiscal year. The operating budget shall set forth, for each fiscal year, the estimated revenues and the estimated costs for the Stormwater Utility. The initial operating budget shall be for the fiscal year commencing on October 1, 2017.

(Ord. No. 8127, 2-14-2017, effective April 1, 2017; Ord. No. 8131, 3-14-17)

A.

There is hereby assessed against all property within the City that is connected to either water or sanitary sewer systems, or both, of the City a monthly stormwater utility surcharge fee. Such surcharge fee is based upon a determination of the use for each property. The owner, occupant and any person who is responsible for the payment of water and/or sewer service to the property, shall all be jointly and severally responsible for the payment of said surcharge fee. Persons responsible for the payment of water and/or sewer service to the property shall include the person responsible for payment for water provided to a master meter that is then distributed to multiple users, whether or not said users are located on the same property as the master meter. The surcharge fee shall be:

1.

All property devoted to a residential use shall be assessed a monthly surcharge fee as set forth in the City of Kearney's Comprehensive Fee Schedule. The term "residential" shall include single-family homes, mobile homes and mobile home parks, duplexes and apartment units. The term "residential" shall not include rooming or boarding houses, dormitories and similar facilities. The term "living unit" shall mean one or more rooms in a residential building which are arranged, designed, used or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

2.

Property devoted to any use other than residential, as set forth above shall be assessed a monthly surcharge fee as set forth in the City of Kearney's Comprehensive Fee Schedule.

(Ord. No. 8127, 2-14-2017, effective April 1, 2017; Ord. No. 8131, 3-14-17)

Bills shall be rendered monthly as provided in Section 10-314 of City Code of the City of Kearney, and shall be collected as a combined utility bill.

(Ord. No. 8127, 2-14-2017, effective April 1, 2017)

In the event any person, except the United States and the State of Nebraska or any political subdivision thereof, shall fail to pay the surcharge fee when due, water service shall be terminated as provided in Sections 10-315 to 10-316 of the City Code of the City of Kearney.

(Ord. No. 8127, 2-14-2017, effective April 1, 2017)

This ordinance shall be known as the backflow prevention ordinance.

(Ord. No. 5515, 12-22-92)

The purpose of this ordinance is to protect the public water supply system of the City of Kearney from the possibility of contamination by isolating real or potential sources of contamination or pollution which may backflow into the public water supply system. This ordinance provides for the creation and maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the potable water supply system.

(Ord. No. 5515, 12-22-92)

A.

The Director of Utilities shall be responsible for the implementation of the backflow prevention program as outlined within this ordinance. If, in the judgment of the Director of Utilities, hereinafter known as the Director, or any person designated by him, an approved backflow prevention device is required for the safety of the public water supply system, the Director shall give notice in writing to the consumer to install said device at each recommended location. The Director shall inspect and approve all installations of the required backflow prevention devices. The costs for purchasing, installing and maintaining a backflow prevention device shall be the responsibility and sole expense of the consumer. The installation of backflow prevention devices, except for outlet fixture vacuum breakers, shall be by a licensed plumber. The installation of backflow prevention devices for lawn sprinkler systems may be by installers registered with the City of Kearney. Initial and annual testing of all double check valves, pressure vacuum breakers and reduced pressure zone devices shall be performed by a State of Nebraska Department of Health certified Grade 6 water operator at the expense of the consumer. Pressure vacuum breakers utilized for backflow prevention on lawn sprinkler systems must be tested in accordance with the manufacturer's recommendations. If deemed necessary by the Director that maintenance or repairs are necessary, the owner shall be contacted and issued an order to make all necessary repairs or maintenance. The owner shall complete all maintenance or repairs within thirty (30) days; if not, the owner shall be considered in violation of the backflow ordinance and will be subject to disconnection of the service as provided in Section 10-411.

B.

No person shall install or maintain a water service connection containing cross-connections to a public water supply system or a consumer's potable water supply system unless such cross-connections are abated or controlled in accordance with this rule, and as required by the laws and regulations of the Nebraska Department of Health.

C.

For the purposes of this backflow prevention ordinance, whenever the Director is to make any decision or interpretation, or whenever reference is made to the fact that the Director is to exercise judgment, such decision, interpretation or judgment shall be in accordance with the provisions of this backflow prevention ordinance, and any other applicable provisions of the Kearney City Code, and state and federal law.

D.

The Director shall have the right to enter a premises served by the public water supply system at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. In order to inspect a premises, the Director shall give notice setting forth a proposed date and time to the consumer at least ten (10) days in advance. If the consumer cannot make the premises available for inspection at the proposed date and time, the consumer shall contact the Director and arrange for another date and time for the inspection. If the Director and the consumer cannot agree on a date and time, then the Director shall treat the premises as if no appropriate cross-connection survey has been completed, and in such event the consumer shall be required to install an approved backflow prevention device as required in Section 10-405. In the event that the Director determines that an inspection of the premises is necessary, he may obtain an inspection warrant in accordance with the provisions of Neb. Rev. Stat. 29-830 through 29-835.

E.

The consumer as defined in these regulations, if requested by the Director, shall designate an individual or individuals, who shall be responsible for contact and communications with the Director in matters relating to system alteration and construction, monitoring and sampling, maintenance, operation, record keeping, and reporting, as required by law and these regulations. Any change in assigned responsibilities or designated individuals shall be promptly reported to the Director.

F.

It shall be the responsibility of the water consumer to conduct or cause to be conducted, periodic surveys of water use practices on his premises as necessary to determine whether there are actual or potential cross-connections in the consumer's water supply system. The Director shall have the authority to conduct or cause to be conducted periodic surveys and investigations, of a frequency as determined by the Director, of water use practices within a consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water supply system through which contaminates or pollutants could backflow into the public water supply system. The Director may conduct these surveys to provide information in determining what level of protection will be necessary to protect the public health and safety.

G.

On request by the Director, the consumer shall furnish the Director information on water use practices within the consumer's premises. If the consumer refuses to submit the proper information or to cooperate in obtaining the proper information, the Director shall treat the premises as if no appropriate cross-connection survey has been completed, and in such event the consumer shall be required to install an approved backflow prevention device as required in Section 10-405.

(Ord. No. 5515, 12-22-92; Ord. No. 6108, 4-23-96)

The following definitions shall apply in the interpretation and enforcement of this ordinance.

A.

"AIR GAP SEPARATION" means the unobstructed vertical distance through the free atmosphere between the lowest opening of any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the said receptacle. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the receptacle and, in no case less than one inch (1").

B.

"ANTISIPHON VACUUM BREAKER" is a device which restricts the backflow of water into a potable water system by a simple check valve. The vacuum is broken by allowing air to enter upstream of the check valve.

C.

"APPROVED" means that a backflow prevention device or method has been accepted by the authority having jurisdiction as being suitable for the intended use.

D.

"AUXILIARY WATER SYSTEM" means any water supply system available to the premises other than the public water supply system and includes the water supplied by such system. These auxiliary water systems may include water from another owner's public water supply system; polluted or contaminated water, process fluids; used water; or other sources of water of which the owner of the public water supply system does not have sanitary control.

E.

"BACKFLOW" or "BACKSIPHONAGE" means the flow of water or other liquids, mixtures, or substances into the water distribution system from any other source other than the intended source of the potable water supply.

F.

"BACKFLOW PREVENTION DEVICE" means any device, method or type of construction intended to prevent backflow into a potable water system. Devices such as an "Approved Air Gap," "Double Check Valve Assembly," "Antisiphon Vacuum Breaker" or a "Reduced Pressure Principle Device" can be used which have been approved by the authority having jurisdiction.

G.

"CONSUMER" means the owner or person in control of any premises supplied by or any manner connected to a public water supply system.

H.

"CONSUMER'S WATER SUPPLY SYSTEM" means any water supply system, located on the consumer's premises, supplied by or in any manner connected to a public water supply system. A household plumbing system is considered to be a consumer's water supply system. A fire suppression system is also considered a consumer's water supply system.

I.

"CONTAMINATION" means an impairment of the quality of the water by sewage, or waste to a degree which could cause an actual hazard to the public health through poisoning or through spread of disease by exposure.

J.

"CROSS-CONNECTION" means any arrangement whereby contamination due to backflow or backsiphonage can occur.

K.

"DEGREE OF HAZARD" is a term derived from an evaluation of the potential risk to health and the adverse effects upon the potable water system.

L.

"DOUBLE CHECK VALVE ASSEMBLY" means an assembly composed of two single, independently acting, check valves including one hundred percent closing shutoff ball valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve, except where required by the State Fire Marshall, O.S.Y. valves will be allowed.

M.

"HEALTH HAZARD" means any condition, device, or practice in a water system or its operation that creates, a real or potential danger to the health and well-being of the consumer.

N.

"INTERCHANGEABLE CONNECTION" means an arrangement or device that will allow alternate but not simultaneous uses of two sources of water.

O.

"LICENSED PLUMBER" means a person who has obtained the appropriate license from the Mayor/President and Council to perform plumbing related work within the limits of the City's jurisdiction.

P.

"MANAGER" means the City Manager or authorized representative.

Q.

"NON-POTABLE WATER" means water not safe for drinking, personal, or culinary use, or which does not meet the requirements of the Nebraska Department of Health.

R.

"OWNER" means the person delivering water through a public water supply system. The owner is the City of Kearney operating through the Utilities Department.

S.

"PERSON" means the state, any political subdivision, public or private corporation, individual, partnership, or other legal entity. When the term he, or his is used, it shall mean any male or female person.

T.

"PLUMBING HAZARD" means a plumbing type cross-connection in a consumer's potable water system that has not been properly protected by air-gap separation or backflow prevention devices.

U.

"POLLUTION" means the presence in water of any foreign substance (organic, inorganic, or biological) that degrades the quality of water to a degree which does not necessarily cause an actual hazard to the public health but which does adversely and unreasonably affect such waters for any desired use.

V.

"POLLUTION HAZARD" means a condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or the consumer's water supply system.

W.

"POTABLE WATER" means water which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the Nebraska Department of Health.

X.

"PRESSURE VACUUM BREAKER" means a backflow prevention device consisting of a spring loaded check valve, a spring loaded poppet air opening, upstream and downstream resilient shutoff valves and two properly located test cocks.

Y.

"PUBLIC WATER SUPPLY SYSTEM" means a water supply system designed and intended to provide potable water to a designated consumer. The water supply shall include the water supply source and distribution piping network. The water supply source is defined as any artificial or natural accumulation of water used to supply the potable water system. The distribution piping network includes all piping, pumping and treatment devices used to convey an adequate quality and quantity of potable water to the consumer.

Z.

"REDUCED PRESSURE ZONE BACKFLOW PREVENTION DEVICE" means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include one hundred percent closing shutoff ball valves located at each end of the device, and each device shall be fitted with properly located test cocks.

AA.

"SERVICE CONNECTION" means the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

BB.

"SYSTEM HAZARD" means a condition posing an actual or potential threat of damage to the physical properties of the public's or the consumer's water supply system.

CC.

"USED WATER" means any water supplied by the public water supply system to a consumer's water supply system after it has passed through the service connection and is no longer under the sanitary control of the water supplier.

(Ord. No. 5515, 12-22-92)

(1)

An approved backflow prevention device shall be installed between the service connection and the point of potential backflow into a consumer's water supply system when in the judgment of the Director a health, plumbing, pollution or system hazard exists or has the potential to exist in the future.

(2)

An approved backflow prevention device shall be installed when the following conditions are found by the Director to exist:

(a)

Premises on which any substance is handled in such a fashion as to create an actual or potential hazard to a public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from a public water supply system which are no longer under the sanitary control of the owner;

(b)

Premises having internal cross-connections that, in the judgment of the Director, are not correctable, or there exist intricate plumbing arrangements which made it impracticable to determine whether or not cross-connections exist.

(c)

Premises having a repeated history of cross-connections being established or re-established;

(d)

Premises having more than one customer service connection which could constitute a potential cross-connection.

(3)

An approved backflow prevention device shall be installed on each service line to a customer's water supply system serving the following types of facilities unless the Director determines that no health, pollution, or system hazard to the public water supply system exists:

(a)

Hospitals, mortuaries, dental clinics, nursing and convalescent homes, medical buildings;

(b)

Testing laboratories, film laboratories, film development facilities;

(c)

Sewage treatment plants, sewage pumping stations, or stormwater pumping stations;

(d)

Food or beverage processing plants;

(e)

Chemical plants;

(f)

Metal de-greasing, plating industries, machine tool plants, dye and metal processing or productions;

(g)

Chemical and petroleum processing or storage plants;

(h)

Car washes, automobile servicing facilities;

(i)

Lawn irrigation systems, swimming pools and greenhouses;

(j)

Laundries and dry cleaners;

(k)

Packing houses;

(l)

Power plants;

(m)

Premises having radioactive materials such as laboratories, industries, hospitals;

(n)

Rendering plants;

(o)

Premises having water recirculating systems as used for boilers or cooling systems;

(p)

Veterinary establishments, kennels, feedyards, stables, rodeo grounds, stockyards, pet grooming, salons;

(q)

Beauty salons, barbershops, massage parlors, health clubs;

(r)

Fire suppression systems;

(s)

Multi-storied buildings greater than three (3) stories in height;

(t)

Schools, universities, colleges;

(u)

Other commercial or industrial facilities which may constitute potential cross-connection.

(Ord. No. 5515, 12-22-92; Ord. No. 8131, 3-14-17)

(1)

The type of protection required under Sections 10-405(1) and 10-405(2) of this Article shall depend on the degree of hazard that exists as follows:

(a)

An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where a public water supply system may be contaminated with any substance that could cause a system hazard or health hazard;

(b)

An approved double check valve assembly shall be installed where a public water supply system may be contaminated with any substance that could cause a pollution hazard;

(c)

An approved reduced pressure principle backflow prevention device shall be installed at the service connection where there exists a plumbing hazard;

(d)

In the case of any premises where, because of security requirements or other prohibitions it is impossible or impractical to make a complete cross-connection survey of the consumer's potable water system, a reduced pressure principle backflow prevention device shall be installed at the service connection.

(2)

An approved "antisiphon vacuum breaker" may be used as a backflow prevention device where it is not subjected to back pressures. This device shall not be used for applications where water flow is expected to be continuous for one (1) or more hours. The device shall be installed ahead of the potential source of contamination on the discharge side of the last control valve. It shall be placed at least six inches (6") above the highest point reached by any water passing through the potential source of contamination. Typically this type of device is used for such equipment as water cooled compressors, or other water cooled equipment. In cases where downstream valves are used, pressure vacuum breakers will be required.

(Ord. No. 5515, 12-22-92)

(1)

Any approved backflow prevention device required by Section 10-405 shall be installed at a location and in a manner approved by the Director. The consumer, at his sole expense, shall obtain and install said approved backflow prevention device(s) within ninety (90) days of notice and as ordered by the Director.

(2)

Existing backflow prevention devices approved by the Director prior to the effective date of this rule and which are properly maintained shall, except for inspection, testing, and maintenance requirements, be excluded from the requirements of Section 10-407(1) but only if the Director determines that the devices will satisfactorily protect the public water supply system. One hundred percent closing shut off valves for testing shall be provided on existing backflow prevention devices, if deemed necessary for proper testing by the Director. If deemed necessary by the Director that an existing backflow prevention device requires replacement, it shall be replaced with an approved backflow prevention device.

(Ord. No. 5515, 12-22-92)

(1)

No person shall install or maintain a water service connection to any premises where a booster pump has been installed on the service line to or within such premises, unless such booster pump is equipped with a low pressure cut-off designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to twenty (20) pounds per square inch gauge or less.

(2)

It shall be the duty of the water customer to maintain the low pressure cut-off device in proper working order. The Director may require testing at any time if suspected that a problem exists with the device.

(Ord. No. 5515, 12-22-92)

(1)

The installation of new or replacement yard hydrants where water is available or accessible for drinking or culinary purposes and which have drip openings below ground surface, is prohibited unless such hydrants are equipped with an approved device to prevent entrance of ground water into chambers connected with the water supply.

(2)

Yard hydrants or hose bibs which would be used by the consumer to provide water to mix pesticides, fertilizer, or other chemicals, for direct use or aerial application to surface areas shall be equipped with an antisiphon vacuum breaker.

(3)

All underground lawn and garden sprinkler systems shall be equipped with an approved backflow prevention device.

(Ord. No. 5515, 12-22-92)

(1)

All proposed installations of fire suppressions systems shall be reviewed by the Director to determine the appropriate type of backflow prevention device(s) required.

(2)

All proposed fire suppression systems requiring an antifreeze solution shall use a pharmaceutical grade antifreeze. The consumer shall provide to the Director a certification identifying the type of pharmaceutical grade antifreeze which shall be used. A double check valve backflow prevention device shall be installed in an approved manner.

(3)

A double check valve of an approved type shall be installed on all proposed fire suppressions systems not utilizing antifreeze, but this may be done only when there are no other cross-connections.

(4)

All existing fire suppressions systems shall meet the requirements of subsections (2) or (3) above, whichever applies. An inspection by a certified fire suppression specialist shall be done to determine whether pharmaceutical grade antifeeze(s) have been utilized. This shall be done at the expense of the consumer. If it cannot be certified that only pharmaceutical grade antifreezes have been used, then a reduced pressure principle backflow prevention device shall be installed as approved by the Director. This also shall be done at the expense of the consumer.

(5)

In the event cross-connections, such as those found in using auxiliary water supply systems or in providing other water additives such as foaming agents are necessary for the proper operation of the fire suppression system, then a reduced pressure zone backflow prevention device shall be installed in an approved manner.

(Ord. No. 5515, 12-22-92)

(1)

In order to protect the health and/or safety of consumers or of the general public, the Director shall deny or discontinue, after notice to the consumer thereof, the water service to any premises wherein:

(a)

Any backflow prevention device required by these regulations is not installed or maintained in a manner acceptable to the Director;

(b)

It is found that the backflow prevention device has been removed or by-passed;

(c)

An unprotected cross-connection exists on the premises;

(d)

A low pressure cut-off required by Section 10-408 is not installed and maintained in working order; or

(e)

The Director is denied entry to determine compliance with these regulations.

(2)

The Director shall immediately deny or discontinue, without notice to the consumer thereof, the water service to any premises wherein a severe cross-connection exists which constitutes an immediate threat to the safety of the public water system. The Director shall notify the consumer within twenty-four (24) hours of said denial or discontinuation of service.

(3)

Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations, and to the satisfaction of the Director.

(Ord. No. 5515, 12-22-92)

(1)

Any backflow prevention device required herein shall be of a model and size approved by the Director. The term "Approved Backflow Prevention Device" shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Associations (AWWA) entitled: AWWA 4506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices and by the American Society of Sanitary Engineers (ASSE) entitled:

No. 1001 Pipe Applied Atmospheric Type Vacuum Breakers - ANSI Approved - 1982 - Revised, 1988

No. 1011 Hose Connection Vacuum Breakers - ANSI Approved 1982

No. 1012 Backflow Preventer/Intermediate Atmospheric Vent - 1978

No. 1013 Reduced Pressure Principle Backflow Preventer - Revised 1988

No. 1015 Double Check Backflow Prevention Assembly - Revised 1988

No. 1019 Wall Hydrants, Freezeless, Automatic Draining, Anti-Backflow Types - ANSI Approved 1978

No. 1020 Vacuum Breakers, Anti-siphon, Pressure Type - ANSI Approved 1982

No. 1024 Dual Check Valve Type Backflow Preventers - ANSI Approved 1984 - Revised 1988

No. 1035 Laboratory Faucet Vacuum Breakers - ANSI Approved 1984

No. 1048 Double Check Detector Assembly Backflow Preventer - 1989

(2)

The Director shall keep a current list of all approved backflow prevention devices.

(3)

The Director may require a strainer of approved type and size to be installed in conjunction with required backflow prevention devices. The installation of strainers shall preclude the fouling of backflow device(s) due to foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains. These occurrences may cause debris such as scale deposits and sand to flush through the mains causing fouling of backflow device(s).

(Ord. No. 5515, 12-22-92)

The Director shall be relieved from personal liability. The City shall hold harmless the Director when acting in good faith and without malice, from all personal liability for any damage that may occur to any person or property as a result of any act required or authorized by this title, or by reason of any act or omission of the Director in the discharge of his/her duties hereunder. Any suit brought carrying out the provisions of the tittle shall be defended by the City, or the City's insurance carrier, if any, through final determination of such proceeding.

(Ord. No. 5515, 12-22-92)