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Norfolk, NE 68701
Phone: (402) 844-2000
 

Chapter 26

WATER, SEWERS, SEWAGE DISPOSAL, AND STORM WATER*

*Cross references--Plumbing code, § 6-121 et seq.; nuisances, Ch. 17; excavations, curb cuts, etc., § 22‑36 et seq.; utility easements in subdivisions, § 23-38.

    
Art.    I. In General, §§ 26-1--26-10
Art.   II. Water System, §§ 26-11--26-55
    Div. 1.  Generally, §§ 26-11--26-25
    Div. 2.  Meters, §§ 26-26--26-40
    Div. 3.  Rates and Charges, §§ 26-41--26-55
Art.   III. Sewers and Sewage Disposal, §§ 26-56--26-141
    Div. 1.  Generally, §§ 26-56--26-75
    Div. 2.  Individual Sewage Disposal Systems, §§ 26-76--26-95
    Div. 3.  Rates and Charges, §§ 26-96--26-130
    Div. 4.  Discharges into Public Sewer System, §§ 26-131--26-141
    

ARTICLE I.  IN GENERAL

Sec. 26-1.  Reserved. 

 

Editor’s note--Ord. No. 5099, § 1, adopted October 19, 2009, repealed § 26-1 in its entirety.

 

Sec. 26-2.  Water and/or sewer turn-on application; fee.

 

All persons desiring water and/or sewer service shall make application to the water billing office by phone or in person.  New service options are: (1) a nonrefundable service fee as set forth in Section 2-5 of this Code shall be assessed if a final reading is required; (2) no service fee shall be assessed if a change of name form is completed, if applicant is willing to assume any unpaid obligations of the previous occupant, and no final reading is required; (3) a nonrefundable service fee as set forth in Section 2-5 of this Code shall be assessed for newly constructed residences or businesses.  Fees and charges shall be mailed to the water billing office, paid in person, or billed with the next regular water billing cycle for the property.  Failure to pay the fee or charge shall be cause for disconnection of service. 

 

Source:  Ord. No. 3058, § 1(41), 3-1-82; Ord. No. 3511, § 1, 11-16-87; Ord. No. 4055, § 1, 9-19-94; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-3.  Water emergency; restriction.

 

The city administrator or his or her authorized representative may declare a water emergency.  No person shall use water furnished by the city for the purpose of watering lawns, gardens, trees or shrubs during a declared water emergency.  The water emergency declaration may restrict additional water uses as necessitated by the severity of the water emergency.  The water use restrictions may apply city-wide, to either one (1) of the city's two (2) water pressure zones, or such other area as delineated by the water emergency declaration. 

 

Source:  Ord. No. 3594, § 1, 9-19-88

 

Sec. 26-4.  Water emergency restriction; alternate days.

 

When directed by the city administrator or his or her authorized representative, except as provided by section 26-3 above, water restrictions shall be as follows: All city water customers whose street address ends in an even number shall use city water upon their premises for the purpose of watering lawns, gardens, trees or shrubs on even numbered days of the week only; and all city water customers whose street address ends in an odd number shall use city water upon their premises for the purpose of watering lawns, gardens, trees or shrubs on odd numbered days of the week only. 

 

Source:  Ord. No. 3594, § 2, 9-19-88

 

Sec. 26-5.  Water emergency; violation, penalty.

 

Notwithstanding the provisions of section 26-17 of the Official City Code, violations of sections 26-3 and 26-4 shall constitute an offense, and upon conviction thereof shall be punishable by the general penalty provision found at section 1-16 of the Official City Code. 

 

Source:  Ord. No. 3594, § 3, 9-19-88

 

ARTICLE II.  WATER SYSTEM*

*Cross reference--Water supply for mobile home parks, § 15-51 et seq.

DIVISION 1.  GENERALLY

Sec. 26-11.  Connection charge.

 

(a)   The owner or occupant of any premises who desires to make a tap onto the city's water system shall pay a fee as set forth in Section 2-5 of this Code plus the appropriate material charge to the city.  3/4" corporations may be installed in 4" pipes and larger.  1", 1 1/2" and 2" corporations will be allowed on 6" and larger pipes.  All 1 1/2" and 2" corporations will require a saddle to be installed on the pipe and the corporation will be installed in the saddle.  The appropriate material charge will be determined by the size and quantity of the taps.

 

(b)   In addition to the fee to tap into the city's water system set forth in subsection (a), no building or premises shall be connected unless the owner of such premises pays a fee as set forth in Section 2-5 of this Code per front foot of the property upon which the building or premises is located.

 

(c)   The provisions of subsection (b) shall not apply if a water assessment has previously been made on said property. 

 

Source:  Ord. No. 3058, § 1(40), 3-1-82; Ord. No. 4946, § 1, 5-21-07; Ord. No. 5135, § 17, 9-7-10; Ord. No. 5323, § 1, 10-6-14

 

Sec. 26-12.  Maintenance of water service lines and attachments.

 

It shall be the responsibility of the owner or occupant of any premises to install and maintain a backflow device if such device is required by the regulations of Nebraska Health and Human Services, Regulation and Licensure, Title 179 of Nebraska Administrative Code 2.  It shall also be the responsibility of such persons to maintain their own service lines and attachments from the water main to the water meter.  No reduction in rates will be made for the time any service pipe may be frozen or out of use for any reason or cause.  If any part of the service pipe or fixture is not wanted for use the customer shall notify the Water and Sewer Director at once and have the same removed and disconnected and shall pay the expense in so doing, and a proper reduction in rates will be made from that date. 

 

Source:  Code 1962, §§ 3-1-15, 3-1-23; Ord. No. 4319, § 1, 3-16-98

 

Sec. 26-13.  Curbstops generally.

 

(a)   Every water service pipe shall be provided with an easily accessible curbstop for each consumer, which and so situated that the water can be conveniently shut off.  Curbstops shall be of such patterns as shall be approved by the water and sewer director.  Curbstop valves, one (1) inch to two (2) inch, allowed by the city for installations are Mueller Oriseal Valves 1" to 2" No. H-15201 or Ford Ball Valves 1" B22-444, 1¼" B22-555, 1½" B22-666 and 2" B22-777 or equal.  3/4" Curbstop Valves may be Mueller H15175, Ford B22-333 or equal.

 

(b)   Unless otherwise permitted by the water and sewer director, curbstops shall be placed in the service pipe on the terrace one (1) foot from the property line, and protected by a box or iron pipe reaching from the top to the surface, of suitable size to admit a stop key for turning on and off the stop; also with a cast iron cover having the letter "W" marked thereon visibly, and even with the pavement or curbing.  The property owner is hereby required to keep said curbstop in good repair and if said property owner should fail to do so, then the water and sewer director is hereby authorized to make the necessary repairs and the cost thereof shall be made a charge against said property owner the same as water rent.

 

(c)   Where the curbstop and/or water service line for a consumer is located in a terrace adjacent to property owned by someone other than the consumer, or where the water service line of a consumer is located on the property of another, the consumer shall remain responsible for (1) the maintenance of the water service line as set forth in section 26-12 of this Code and (2) the maintenance of the curbstop as set forth in section 26-13(b) of this Code.  The consumer shall also be responsible for the replacement and repair of any paving, concrete, fencing, sod or other landscaping on the property of another or on the terrace adjoining the property of another which is damaged or destroyed in performing maintenance on the curbstop or water service line as required herein.  

 

Source:  Code 1962, §§ 3-1-16, 4-2-20; Ord. No. 4137, § 1, 1-8-96)

 

Sec. 26-14.  Separate curbstops for separate premises.

 

When a service pipe supplies two (2) or more distinct premises or tenements there shall be provided, subject to the control of the water and sewer director, a separate curbstop for each of the premises or tenements, so the water supply may be shut off from one without interfering with the supply to others. 

 

Source:  Code 1962, § 3-1-18; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-15.  Provisions for private fire protection/maintenance.

 

(a)    If consumers of water from the waterworks, wish to lay larger pipes with hydrant and hose couplings to be used in case of fire, they will be permitted to connect with street mains at their own expense, and will be allowed the use of water for fire purposes only, with any water being utilized being free of charge.

 

(b)    Private fire hydrant testing and maintenance is required to be conducted in accordance with 2002 Edition National Fire Protection Association Standard 24 and 2002 Edition National Fire Protection Association Standard 25.  Private fire hydrant testing frequency shall be in accordance with 2002 Edition National Fire Protection Association Standard 24.  Inspection and testing records shall be maintained in accordance with 2002 Edition National Fire Protection Association Standard 24.

 

Source:  Code 1962, § 3-1-22; Ord. No. 5397, § 1, 6-6-16

 

Sec. 26-16.  Angle meter valves.

 

Angle meter valves shall be installed on all new water service lines from three-fourths of an inch to two-inch patterns as approved by the water and sewer director.  Such valves shall be Ford or Mueller valves as required by the public works department. 

 

Source:  Code 1962, §§ 3-1-15, 4-2-20; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-17.  Termination of service for violations.

 

(a)   When any of the provisions of this Code pertaining to the city’s water distribution systems are violated, the water may be discontinued from the building or place of such violation.  The water may not be turned on or the notification revoked except by the order of the water and sewer director or on the payment as provided in section 26-18, or when the violations have been corrected and upon such other terms that the water and sewer director shall determine, and a satisfactory understanding with the party shall be had that no further cause for complaint shall arise.

 

(b)   In some cases public notification may be used to alert the public that the water in said building or place may not be safe for human consumption. 

 

(c)   If any person shall fail to comply with the regulations of Nebraska Health and Human Services, Regulation and Licensure, Title 179 of Nebraska Administrative Code 2 by failing to complete the required cross-connection survey or shall fail to install or maintain any required backflow prevention device, water service may be discontinued from the customer failing to complete the required survey or failing to install or maintain the required backflow prevention device.  Prior to discontinuing water service to any customer pursuant to this section, the water and sewer director or his or her agent shall give the customer ten (10) days’ written notice that water service will be discontinued for failure to comply as set forth in this section.  The water may not be turned on or the notification revoked except by the order of the water and sewer director or when the violations have been corrected and upon such other terms that the water and sewer director shall determine, and a satisfactory understanding with the party shall be had that no further cause for complaint shall arise.

 

(d)   Any person upon whom any of these duties is placed by the provisions of this article who fails to perform such duties, or who shall violate any of the provisions of this article, shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in Section 1-16 of this Code. 

 

Source:  Code 1962, § 3-1-1; Ord. No. 2972, § 1, 4-20-81; Ord. No. 4055, § 2, 9-19-94; Ord. No. 4319, § 2, 3-16-98

State law reference--Termination of water service for nonpayment of bills, R.R.S. 1943, 19-2702 et seq.

 

Sec. 26-18.  Restoration of water service.

 

No city water service which has been cut off shall be restored until the person desiring such restoration makes arrangements for payment of any delinquent bill as well as payment of any applicable service fees which service fees shall not exceed the amounts set forth in Section 2-5 of this Code.  When the water has been turned off from the premises of any customer, the customer shall not turn it on nor permit it to be turned on without the prior consent of the water commission. 

 

Source:  Code 1962, §§ 3-1-1, 3-1-19; Ord. No. 2972, § 1, 4-20-81; Ord. No. 3511, § 2, 11-16-87; Ord. No. 4055, § 3, 9-19-94; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-19.  Damaging, interfering with, etc., system.

 

It shall be unlawful for any person to wilfully or carelessly break, injure or deface, interfere with or disturb any building, machinery, apparatus, fixtures or appurtenance to the waterworks of the city, or any public or private hydrant, hose, water trough or stop key, meter, water supply or service pipe or any part thereof, nor shall any person deposit anything in any curbstop box, or commit any act tending to obstruct or impair the intended use of any of the herein mentioned property, without the permission of the water and sewer director, or except in cases hereinafter or otherwise regulated by the provisions of this Code. 

 

Source:  Code 1962, § 3-1-23; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-20.  Contractual nature of article.

 

The provisions of this article shall be considered a part of the contract with every person supplied with water through the waterworks system of the city and every such person by taking water, shall be considered held to consent to be bound thereby. 

 

Source:  Code 1962, § 3-1-1; Ord. No. 2972, § 1, 4-20-81

 

DIVISION 2.  METERS

Sec. 26-26.  Use required, size.

 

(a)   Except as otherwise permitted, all water furnished through the waterworks system of the city, shall be measured by a water meter.  If a discrepancy exists between the outside remote register and the inside water meter, the inside water meter shall be controlling for determining water consumption and billing.

 

(b)   A standard water meter one-half inch by five-eighths inch shall be installed and furnished by the city for each dwelling at no charge to the owner.  For larger meters installed there shall be a charge of the difference between the normal cost of a standard meter and the cost of a larger meter which must be paid by the owner. 

 

Source:  Code 1962, §§ 3-1-2, 3-1-12, 4-2-20; Ord. No. 2904, § 1, 8-18-80; Ord. No. 2972, § 2, 4-20-81; Ord. No. 3519, § 1, 12-7-87

 

Sec. 26-27.  Installation and repair.

 

(a)   No person other than the water and sewer director, or his or her duly authorized agent, or a licensed plumber under the direction of the water and sewer director, shall be permitted to set meters.  All meters so set and installed shall be kept in repair at the expense of the city unless the same are damaged by the negligence or willful conduct or acts of the patron or consumer.  When such meters are no longer serviceable, they shall be replaced by the city.

 

(b)   Water meters will be installed just prior to building occupancy and it will be the responsibility of the developer to request the installation.

 

(c)   No person shall test or repair backflow prevention assemblies unless he/she is a holder of a valid Nebraska Grade VI water operator license issued pursuant to the regulations of Nebraska Health and Human Services, Regulation and Licensure, Title 179 of Nebraska Administrative Code 2.

 

(d)   Gauge equipment used to test backflow devices must be certified and calibrated in accordance with the regulations of Nebraska Health and Human Services, Regulation and Licensure, Title 179 of Nebraska Administrative Code 2. 

 

Source:  Code 1962, § 3-1-8, 4-2-20; Ord. No. 4319, § 3, 3-16-98

 

Sec. 26-28.  Remote readouts.

 

All water or sewer customers shall have a remote readout installed with the water meter.  The readout device shall be installed by city employees or a licensed plumber under the direction of the water and sewer director; and on new construction the remote readout wire shall be installed when a request is made for a rough-in plumbing inspection. 

 

Source:  Code 1962, § 3-1-12; Ord. No. 3126, § 1, 2-22-83; Ord. No. 3519, § 2, 12-7-87; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-29.  Meter pits.

 

When meters are installed in pits, the property owner shall furnish a four-inch square post at least four (4) feet above the ground next to the pit for the installation of a remote meter readout.  Meters in pits shall be at least ten (10) inches above the bottom of the pit and all pits shall be at least four (4) feet wide at the bottom.  Pits shall be no less than five (5) feet deep.  Source:  

 

Code 1962, § 3-1-12; Ord. No. 3088, § 15, 9-7-82

 

Sec. 26-30.  Location.

 

(a)   All water meters shall be set in a horizontal position.  All backflow prevention assemblies will be set in a position approved by the regulations of Nebraska Health and Human Services, Regulation and Licensure, Title 179 of Nebraska Administrative Code 2.  Water meters and backflow prevention assemblies shall be in an easily accessible position so that they may be read, tested or repaired easily by the water and sewer director or his or her agents.  The water and sewer director shall, whenever it is inconvenient to make readings, repairs or testing of any meter or backflow preventer, be empowered to give the consumer ten (10) days’ notice in writing requiring a licensed plumber to reset said meter and/or backflow prevention assembly, device or method.  If, following notice, the consumer fails to reset the meter or backflow prevention assembly, then the water and sewer director or his or her agent shall reset, or cause to be reset, said meter and/or backflow prevention assembly, device or method, and the cost thereof shall be chargeable to and paid by the consumer as water rent.

 

(b)   Water meters in mobile home courts shall be city installed in meter pits. 

 

Source:  Code 1962, § 3-1-13, 4-2-20; Ord. No. 4319, § 4, 3-16-98

 

Sec. 26-31.  Meter boxes.

 

Where water meter boxes are necessary to protect the meter and the city's investment therein, the same shall be installed by the city at cost, but at the expense of the property owner and said cost shall be added to the water account charged against the property serviced; provided, the owner shall have the privilege of installing his own meter box and construction thereof are complied with. 

 

Source:  Code 1962, § 3-1-14

 

Sec. 26-32.  Seal.

 

All water meters shall be sealed, and it shall be unlawful for any person to deface, injure or break said seal unless specifically authorized to do so by the water and sewer director. 

 

Source:  Code 1962, § 3-1-9; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-33.  Water meter and remote readout seals and damages to water meters and remote readouts.

 

All water meters and remote readouts are hereby required to be sealed by the water division.  Should any water meter or remote readout seal be broken or removed, or should any water meter or remote readout be damaged, destroyed or otherwise rendered unserviceable or faulty by any action, negligence or willful conduct on the part of a water customer or his, her or their agents, licensees, tenants or assigns, the expense of repairing or replacing the same shall be chargeable to the water customer as water rent. 

 

Source:  Code 1962, § 3-1-11; Ord. No. 3764, § 1, 1-7-91

 

Sec. 26-34.  Inspections.

 

Every person receiving city water service shall permit the water and sewer director or his or her duly authorized agent, at any reasonable hour, to enter the customer’s premises or building, to examine the water meter or backflow preventer and to remove said meter or backflow preventer for the purpose of making the necessary tests or repairs.  The water and sewer director or his or her duly authorized agent shall also be authorized to survey the premises or building to determine if a backflow prevention device is required.   

 

Source:  Code 1962, § 3-1-12; Ord. No. 4319, § 5, 3-16-98

 

DIVISION 3.  RATES AND CHARGES

Sec. 26-41.  Generally.

 

(a)   All water furnished through the waterworks system of the City shall be measured by a water meter to be supplied by the City.

 

(b)   All persons now receiving water through the waterworks system shall pay for all water used as shown and registered by said meter at the rates set forth in Section 2-5 of this Code per two (2) month period.

 

(c)   The minimum charge to any patron shall be based on the size of the meter and the patron’s location whether inside or outside of the city limits set forth in Section 2-5 of this Code.

 

Source:  Code 1962, § 3-1-2; Ord. No. 2904, § 1, 8-18-80; Ord. No. 2972, § 2, 4-20-81; Ord. No. 3139, § 1, 5-16-83; Ord. No. 3155, § 1, 9-19-83; Ord. No. 3173, § 1, 11-21-83; Ord. No. 3233, § 1, 7-16-84; Ord. No. 4078, § 1, 1-9-95; Ord. No. 4316, § 1, 3-16-98; Ord. No. 4394, § 1, 2-16-99; Ord. No. 4509, § 1, 3-5-01; Ord. No. 4595, § 1, 8-5-02; Ord. No. 5036, § 1, 10-6-08; Ord. No. 5092, § 1, 9-14-09; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-42.  Records.

 

It shall be the duty of the water and sewer director and city clerk to keep and cause to be kept a separate, detailed and accurate account of all water rents and charges due from each customer with debits and credits, as the case may be. 

 

Source:  Code 1962, § 3-1-3; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-43.  Water service districts; reading meters.

 

The water and sewer director shall divide the city into two (2) water service districts, and said districts shall be designated as Water Service District No. 1 and Water Service District No. 2. All meters of consumers shall be read by the water and sewer director or his agents at least once every two (2) months, in each district, between the first and last days of the following months:

 

(1)       District No. 1, the months of January, March, May, July, September and November.

 

(2)       District No. 2, the months of February, April, June, August, October and December.

 

Source:  Code 1962, § 3-1-4; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-44.  Billing and due date.

 

The water and sewer director or his duly authorized agents who are charged with the duty of reading water meters shall, after water meters are read, make statements for each consumer, based on the bimonthly meter reading, and shall enter all charges on the books of the water department.  All bills for water service shall be due when mailed to the consumer, and shall be payable within fifteen (15) days after the date said bills are mailed and shall be payable bimonthly at the office of the city clerk or at such other place in the business district of the city as the council shall direct by resolution.  The water and sewer director may, whenever he deems it advisable or necessary, declare any water bill due at any time and proceed to collect the same, and in his discretion, he may require charges for water service to be paid in advance. 

 

Source:  Code 1962, § 3-1-5; Ord. No. 2972, § 3, 4-20-81; Ord. No. 5397, § 2, 6-6-16

 

Sec. 26-45.  Delinquent charges.

 

Water rents shall be delinquent from and after fifteen (15) days after the same are due.  All delinquent accounts due from water consumers for water rent shall be a lien upon the premises or real estate upon or for which the water was used or supplied. 

 

Source:  Code 1962, § 3-1-6; Ord. No. 2972, § 4, 4-20-81

 

Sec. 26-46.  Termination or refusal of service for nonpayment; lien for unpaid charges.

 

(a)   If water bills are not paid within the payment period as approved by the council, the service staff shall, as a first priority except for emergency situations of the city, proceed to disconnect water service to a consumer.  Service staff may attempt to collect delinquent charges prior to disconnection of water service.  If water service staff needs to attempt to collect delinquent charges more often than once in any twelve-month period, a service fee as set forth in Section 2-5 of this Code may be required to prevent disconnection of water service to the customer.

 

(b)   The city may refuse to furnish water service to the occupants of any premises against which the city holds a lien for water rent.

 

(c)   The city may refuse to furnish water service to any consumer who is responsible for an outstanding water and/or sewer bill that is delinquent. 

 

Source:  Code 1962, §§ 3-1-5, 3-1-7; Ord. No. 2972, §§ 3, 5, 4-20-81; Ord. No. 3511, § 3, 11-16-87; Ord. No. 3519, § 3, 12-7-87; Ord. No. 4055, § 4, 9-19-94; Ord. No. 5135, § 17, 9-7-10

State law reference--Termination of water service for nonpayment of bills, R.R.S. 1943, 70-1605 et seq.

 

ARTICLE III.  SEWERS AND SEWAGE DISPOSAL*

*Editor's note--Section 1 of Ord. No. 3014, enacted Oct. 5, 1981, repealed Title 8, Ch. 3, §§ 1-31 of the 1962 Code, from which former Art. III, with the exceptions noted below, was derived.  Sections 2--28 of Ord. No. 3014 are codified herein as a new Art. III, Divs. 1, 3, and 4, at the discretion of the editor, inasmuch as they pertain to the same subject matter as the repealed provisions.

Former §§ 26-59, 26-62, 26-69 and 26-76 through 26-87 were unaffected by the repeal provided for in § 1 of Ord. No. 3014.  However, § 26-59 was deleted, as being superseded by § 26-59(b); § 26-62 was retained and renumbered as § 26-61; § 26-69 was deleted as being superseded by § 26-65; and §§ 26-76--26-86 were retained as originally codified.

Appendix A to Ord. No. 3014, being titled "Sewer User Charge Plan--Fiscal 1981--1982 and 1981--1983," has not been codified herein, but is on file and available for inspection in the office of the city clerk.

Cross reference--Sewer systems in mobile home parks, § 15-52.

DIVISION 1.  GENERALLY

Sec. 26-56.  Definitions.

 

Unless the context specifically indicates otherwise, the meanings of terms used herein shall be as follows:

 

BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter.

 

Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, the building sewer beginning outside the outer wall of the building.

 

Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

 

City shall mean the City of Norfolk, Nebraska.

 

City engineer shall mean the city engineer of the City of Norfolk, Nebraska, or his authorized deputy, agent or representative.

 

COD (denoting chemical oxygen demand) shall mean the oxygen equivalent of that portion of organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant under standard laboratory procedure, expressed in milligrams per liter.

 

Combined sewer shall mean a public sewer receiving both surface run-off and sewage.

 

EPA shall mean the United States Environmental Protection Agency, its authorized representative, or its successor agency.

 

Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

 

Hearing board shall mean that board appointed according to provisions of section 26-64 of this article.

 

Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.

 

Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

 

NDEC shall mean the Nebraska Department of Environmental Control, its authorized representative, or its successor agency.

 

Normal domestic waste water shall mean waste water that has BOD and suspended solids concentration not exceeding those determined to be representative of residential and commercial contributors.

 

Oil and grease shall mean the quantity of synthetic or natural oils and greases or groups of similar compounds, such as fatty acids, soaps, fats, waxes, etc., which can be extracted by a solvent under standard laboratory procedure, expressed in milligrams per liter.

 

Operations and maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

 

Owner shall mean any person who, alone or jointly or severally with others, has legal title to or charge, care or control of any capacity of property.

 

Person shall mean any individual, firm, company, association, society, corporation or group.

 

pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

 

Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half (1/2) inch (one and twenty-seven one hundredths (1.27) centimeters) in any dimension.

 

Property shall mean any piece or portion of real estate, including all buildings and structures located thereon, having a sewer or drainage system which immediately or remotely discharges into a public sewer, natural outlet, or both.

 

Public sewer shall mean a sewer which is controlled by public authority.

 

Replacement shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.  The term "operation and maintenance" includes replacement.

 

Residence shall mean property, or that portion of property, used exclusively as a dwelling or living quarters by one or more natural persons.

 

Residential contributor shall mean any contributor to the city's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

 

Sanitary sewer shall mean a public sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

 

Sewage shall mean a combination of the water-carried wastes from property, together with such ground, surface and storm waters as may be present.

 

Sewage treatment plant shall mean any arrangement of devices and structures used for treating sewage.

 

Sewage works shall mean all facilities for collecting, pumping, treating and disposing of sewage.

 

Sewer shall mean a pipe or conduit for carrying sewage.

 

Shall is mandatory; may is permissive.

 

Slug shall mean any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flow during normal operation.

 

Storm sewer shall mean a public sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

 

Suspended solids shall mean solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids and which are removable by a laboratory filtration device under standard laboratory procedure, expressed in milligrams per liter.

 

Treatment works shall mean any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes.  These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, which will be an integral part of the treatment process or are used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated waste water in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

 

Useful life shall mean the estimated period during which a treatment works will be operated.

 

User charge shall mean that portion of the total waste water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the waste water treatment works.

 

Water meter shall mean a water volume measuring and recording device, furnished and/or installed by a user and approved by the City of Norfolk.

 

Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. 

 

Source:  Ord. No. 3014, § 12, 10-5-81; Ord. No. 3587, § 1, 9-6-88

 

Sec. 26-57.  Connection to city system required; certain private systems expected; conversion; enforcement.

 

(a)   Sewage from any habitable building, structure or property shall be discharged directly into the community sewage system when the system is available and within three hundred (300) feet of any property as defined herein, measured along a street, alley or easement to the encasement of the sewer system.  Provided, however, if any existing habitable building or structure requires or needs a sewer service is located on a property within three hundred (300) feet of the community sewage system, the owner of said property may request a waiver of the required connection from the city council, after review by the health director and public works director, if:

 

(1)       The distance from any portion of the habitable building or structure to the community sewer system exceeds four hundred fifty (450) feet measured along the most direct route available by street, alley or easement to the encasement of the sewer system; or

 

(2)       The topography or other natural barriers make the required connection impractical.

 

If the owner of said property, after review by the health director and the public works director, meets either of the criteria set forth above, then the owner may seek a waiver of the required connection to the community sewage system by filing an application therefor with the city clerk.  The city clerk shall place the request on the next regular city council meeting agenda.  Said waiver shall only be granted after a hearing and an affirmative vote of three-fourths (3\4) of all members of the city council.  The city council in granting such a waiver shall have the power to place any reasonable restrictions or conditions on said waiver that the city council deems necessary to give effect to the intent of this section.

 

(b)   When the conditions above do not exist, then an individual sewage disposal system and the restricted use of chemical toilets may be used.  Chemical toilets may be used on a temporary basis when water carriage systems are not available (such as construction projects, emergencies or similar situations).  When permitted, chemical toilets shall comply with provisions issued by the health director.

 

Whenever conditions change and the conditions above can be met, an individual sewage disposal system existing at the time shall be abandoned and the building or premises served shall discharge its sewage directly into the community sewage system.  Such connections shall be completed within six (6) months after notice from the health director to do so.  Such notice may be served by delivering the same personally to the owner, or by certified mail, return receipt requested, addressed to such owner at his office or place of residence, or by publication in a paper published and of general circulation in the city.

 

(c)   Notwithstanding the provisions of subsections (a) and (b), any premises connected to an individual sewage disposal system need not connect to the community sewage system and may continue to use the individual sewage disposal system as long as such system is adequate for the premises served and does not constitute a health hazard and complies with all laws and ordinances; provided, however, that no such system shall be replaced, enlarged or repaired; but this clause shall not be interpreted to prohibit normal, routine maintenance and cleaning.  Enforcement of subsections (a) and (b) shall be the responsibility of the health director.

 

(d)   It shall be the responsibility of the owner of any premises to maintain the individual sewer line from the owner’s premises to the city sewer.  In the event the owner’s sewer is located on a terrace adjacent to the property owned by someone other than the owner of the premises served by the sewer, or in the event where the private sewer line running to the city sewer is located on the property of another, the owner of the premises served by the private sewer line shall be responsible for the maintenance of the private sewer line.  The owner of the premises being served by the private sewer line shall also be responsible for the replacement and repair of any paving, concrete, fencing, sod or other landscaping that are located on the property of another or on the terrace adjoining the property of another, when the same is damaged or destroyed in the performance of maintenance on the private sewer line. 

 

Source:  Ord. No. 3014, § 2, 10-5-81; Ord. No. 3512, § 1, 10-19-87; Ord. No. 4137, § 2, 1-8-96

 

Sec. 26-58.  Connection charge.

 

(a)   No building or premises shall be connected and no extension or alteration of any existing sewer connection shall be made unless the owner of such premises pays a fee as set forth in Section 2-5 of this Code per front foot of the property upon which the building or premises is located.

 

(b)   The provisions of subsection (a) shall not apply if a sewer assessment has previously been made on such property. 

 

Source:  Ord. No. 3014, § 3,10-5-81; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-59.  Building sewers and connections.

 

(a)   Permit.  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 Fire Division Prevention and Codes Bureau.

 

(b)   Application; permit and inspection fee (building sewer terminated in sewer main).  The owner or his agent shall make application on a special form furnished by the city.  The permit application shall be supplemented by any plans, specifications, elevations, or other information considered necessary in the judgment of the Fire Division Prevention and Codes Bureau.  An application, permit, and inspection fee for a building sewer permit as set forth in Section 2-5 of this Code shall be paid at the time the application is filed.

 

(c)   Owner liable for costs; indemnification of city.  All costs and expenses incident to the installation and connection of the building 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)   One building sewer per building.  A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

 

(e)   Use of old sewers.  Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Fire Division Prevention and Codes Bureau, to meet all requirements of this article.

 

(f)   Construction standards.  The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.

 

(g)   Elevation.  Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

 

(h)   Connection of sources of surface runoff or groundwater.  No person shall make connection 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.

 

(i)    Connections to comply with technical codes.  The connection of the building sewer into the public sewer shall conform to the building and plumbing codes or other applicable rules and regulations of the city.

 

(j)   Inspection prior to connection.  The applicant for the building sewer permit shall notify the Fire Division Prevention and Codes Bureau when the building sewer is ready for inspection and connection to the public sewer.  The connection shall be made under the supervision of the Fire Division Prevention and Codes Bureau.

 

(k)   Protection around excavations, restoration of street, sidewalk, etc.  All excavations for building 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 work shall be restored in a manner satisfactory to the city.

 

(l)    Application: permit and inspection fee (building sewer terminated in manhole).  Termination of a building sewer in a manhole is generally undesirable but is acceptable on rare occasions.  In no event shall a building sewer be deposited into a manhole without prior written approval by the city engineer or his or her designee.  Any application to deposit a building sewer into a manhole shall be made in writing on an application form furnished by the city and accompanied by plans, specifications, elevations, or other information related to the proposed installation.  An application, permit, and inspection fee shall be paid at the time the application is filed as set forth in Section 2-5 of this Code.

 

Source:  Ord. No. 3014, § 10, 10-5-81; Ord. No. 3859, § 23, 3-16-92; Ord. No. 5135, § 17, 9-7-10; Ord. No. 5275, § 1, 12-2-13

 

Sec. 26-60.  Tampering with, damaging, defacing etc., sewage works deemed unlawful.

 

It shall be unlawful for any person unauthorized by the city to damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. 

 

Source:  Ord. No. 3014, § 24, 10-5-81

 

Sec. 26-61.  Water softener discharges.

 

In dwellings that have sump pumps installed in the basement floor and have a water softener installed, the regeneration discharge from the water softener must be piped directly to the building sewer rather than into the sump. 

 

Source:  Code 1962, § 4-2-20

 

Sec. 26-62.  City engineer--Right of entry.

 

(a)   The city engineer shall be permitted to enter any property where an effluent source is located, other than residences, at any time, and residences at such times as may be provided for in other sections as now existing in the Norfolk Municipal Code or as may hereafter be amended, for the purpose of inspection, observation, measurement, sampling or testing in accordance with the provisions of this article, provided that:

 

(1)       If such property be occupied he shall first present proper credentials to the occupant and request entry, explaining his reasons therefore; and

 

(2)       If such property be unoccupied, he shall first make a reasonable effort to locate the owner of such property and request entry, explaining his reasons therefore.

 

If such entry is refused or cannot be obtained because the owner of such property cannot be found after due diligence, the city engineer shall have recourse to every remedy provided by law to secure lawful entry for the above-stated purposes.

 

(b)   Notwithstanding the foregoing, if the city engineer has reasonable cause to believe that waters or wastes of the types referred to in sections 26-133 and 26-134 of this article are being discharged from any property into a public sewer or natural outlet, and has reasonable cause to believe that such discharge is so dangerous, hazardous or unsafe as to require immediate inspection to safeguard the public health or safety, he shall have the right, using reasonable means required, to effect such entry and make such inspection, whether or not permission to inspect has been obtained.  If the property be occupied, he shall first present the proper credentials to the occupant and demand entry, explaining his reasons therefor and the purpose of his inspection.  No person shall fail or refuse, after proper demand has been made upon him as provided in this paragraph, to promptly permit the city engineer to make any inspection provided for by this paragraph.  Any person violating this paragraph shall be guilty of a misdemeanor.

 

(c)   The city engineer shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, nor shall he have the right to enter into areas where methods and/or processes are conducted which are entitled to protection as trade secrets of the property owner beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment

 

(d)   While performing the necessary work on property referred to in this section, the city engineer shall observe all applicable safety rules established by the owner of the property. 

 

Source:  Ord. No. 3014, § 25, 10-5-81

 

Sec. 26-63.  Same--Relieved from personal liability.

 

The city shall hold harmless the city engineer, 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 by this article or by reason of any act or omission of the city engineer in the discharge of his duties hereunder.  Any suit brought against the city engineer because of any such act or omission in the carrying out of the provisions of this article shall be defended by the city attorney through final determination of such proceedings. 

 

Source:  Ord. No. 3014, § 26,10-5-81

 

Sec. 26-64.  Appeal of decision of city engineer.

 

(a)   Appeal to mayor and council.  The appeal of any decision of the city engineer concerning the interpretation and execution of any provision of this article shall be made to the mayor and city council.  A fee as set forth in Section 2-5 of this Code shall accompany each application for appeal and the applicant shall also pay all publication costs necessitated by the filing of said application as well as all costs associated with arranging for the presence of a court reporter at the hearing and the costs for creating a transcript of the hearing.

 

(b)   Appeals to district court.  Nothing contained in this article shall be construed to preclude any person aggrieved by any decision of the city engineer concerning the interpretation and execution of any provision of this article from appealing such decision to the district court of Madison County, Nebraska, after first appealing the decision to the mayor and city council. 

 

Source:  Ord. No. 3014, § 28, 10-5-81; Ord. No. 5273, § 1, 11-4-13

 

Sec. 26-65.  Penalties.

 

(a)   Any person upon whom a duty is placed by the provisions of this article, who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100.00) for each violation, together with the costs of prosecution.  Each day that a violation of this article continues shall constitute a separate and distinct offense and shall be punishable as such.

 

(b)   Provided, however, that any person upon whom a duty is placed by the provisions of sections 26-60, 26-62, 26-131, 26-132, 26-133 (a) and (e), 26-134, 26-136 through 26-138 and 26-141 of this article, who shall fail, neglect, or refuse to perform such duty, or who shall violate any of the provisions of said sections, may be served by the city with written notice stating the nature of such duty or of such violation and providing a reasonable time limit for the satisfactory correction of such duty or violation.  Such person shall, within such period of time, perform such duty or cease such violation; otherwise, for each day after such period of time that such person fails, neglects or refuses to perform such duty or violates such provision, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as above provided.

 

(c)   In addition to, or in lieu of, other remedies provided the city by this article to correct or abate a failure, neglect or refusal to perform a duty imposed by this article or a violation of a provision of this article, the city engineer may revoke any permit issued under the provisions of this article, and may effect the discontinuation of water or sewer service, or the discontinuation of both such services, to the owner of the property.  The city engineer may also institute injunction or other appropriate action or proceeding.  However, with the exception of repeated nonaccidental discharges to the public sewers of waters or wastes of the types referred to in subsections (b), (c), (d) and (e) of section 26-133, the city engineer shall give the owner at least fifteen (15) days' written notice before revoking such permit or discontinuing water or sewer service; except, that if within said fifteen-day period such owner requests a hearing before the hearing board as hereinafter provided, the city engineer shall not revoke such permit nor discontinue such water or sewer unless authorized by said board or by a court of competent jurisdiction upon appeal from said board.

 

(d)   Any person who accidentally discharges into a public sewer any waters or wastes of the types referred to in section 26-133 of this article shall immediately notify the city engineer by the quickest means available, supplying him with all information pertaining to such discharge as the city engineer may request to enable the city engineer to take proper action to protect persons, public sewers and sewage treatment processes which may be endangered by such discharge.  Such an accidental discharge shall not constitute a violation of this article, provided that prompt report of such discharge is made to the city engineer as aforesaid.

 

(e)   Any person upon whom a duty is placed by the provisions of this article, who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this article, or who is responsible for an accidental discharge as aforesaid, may be held liable to the city for any expense, loss, or damage occasioned the city by reason thereof. 

 

Source:  Ord. No. 3014, § 27, 10-5-81

 

DIVISION 2.  INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

Sec. 26-76.  Inapplicability of certain sections.

 

None of the other provisions of this article shall apply to the provisions of this division.

 

Sec. 26-77.  Definitions.

 

As used in this division the following terms shall have the definitions assigned to them below:

 

Community sewage system is that system provided by the city for the collection and disposal of sewage or industrial wastes of a liquid nature.

 

Individual sewage disposal system shall mean a sewage disposal system, other than a community system, which receives either human excreta or liquid waste, or both, from one or more premises.  This definition includes, but is not limited to, septic tank soil absorption systems and chemical type toilets, and such other types as may be similar to those specified herein.

 

Industrial wastes means liquid or other wastes resulting from the processes employed in industrial and commercial establishments.

Cross reference--"Industrial wastes" defined for article, § 26-56.

 

Permit shall mean a written permit issued by the health administration, permitting the construction of an individual sewage disposal system under this division.

 

Septic tank means a watertight receptacle which receives the discharge or a building's sanitary drainage system or part thereof, so as to separate solids from the liquid, digest organic matter through a period of detention, and allows the liquids to discharge into the soil outside of the tank through a system of open joint or perforated piping, or a seepage pit.

 

Sewage shall mean any human excreta, liquid waste containing animal or vegetable matter in suspension or solution, and it includes, but is not limited to, liquids containing chemicals in solution.

Cross reference--"Sewage" defined for article, § 26-56.

 

Two-mile zone shall mean that area within two (2) miles of the corporate limits of the city. 

 

Source:  Code 1962, § 8-7-1

 

Sec. 26-78.  Compliance required.

 

No person shall construct, alter, extend, operate or clean any individual sewage disposal system within the city or the two-mile zone contrary to the provisions of any ordinances. 

 

Source:  Code 1962, § 8-7-2

 

Sec. 26-79.  Construction permit--Generally.

 

(a)   No person shall construct a new individual sewage disposal system or make alterations or extensions to existing systems without an individual sewage system construction permit issued by the Fire Division Prevention and Codes Bureau.  Repair or replacement of any component or a minor extension of the laterals to an existing system which does not change the use, operation or location of the system shall require submission of an application as hereinafter described but shall not require payment of fees in issuance of a construction permit.

 

(b)   Application for a permit to construct, alter, or extend an individual sewage disposal system shall be submitted to the Fire Division Prevention and Codes Bureau on forms furnished by the administrative division and shall include the following information which shall be considered to determine whether the construction, alteration or extension will conform to the provisions of this division:

 

(1)       Name and address of the applicant.

 

(2)       Legal description of property on which construction, alteration or extension is proposed.

 

(3)       Complete plans of the proposed disposal facility with substantiating data attesting to its compliance with the minimum standards set forth in the "Manual of Septic Tank Practice" published by the United States Public Health Service and rules and regulations concerning the disposal of wastes instituted and adopted by the State of Nebraska and any revisions thereof, a copy of which shall be retained on file with the clerk.

 

(4)       Unless expressly waived in writing by the Fire Division Prevention and Codes Bureau, detailed information on forms furnished by a representative of the Fire Division Prevention and Codes Bureau showing the absorptive qualities of the soil.  A representative of the Fire Division Prevention and Codes Bureau may be present and perform or observe such necessary tests designed to show the absorptive qualities of the soil.

 

(5)       Ground water, and soil composition data.

 

(6)       Evidence to demonstrate that there is no community sewer or other part of the community sewage system within three hundred (300) feet of such habitable building; structure or property into which sewage can be discharged; or a waiver of the required connection approved by the city council pursuant to section 26-57(a) of this Code.

 

(c)   Upon compliance with the requirements of this division, a written permit to proceed with construction shall be issued by the Fire Division Prevention and Codes Bureau.

 

(d)   When, upon review of the application, the proposed design does not meet the requirements of this article, or ground water and soil composition conditions are such as to preclude safe and proper operation of the desired installation or installations, a permit to proceed with construction shall be denied. 

 

Source:  Code 1962, § 8-7-4; Ord. No. 3512, § 2, 10-19-87; Ord. No. 3859, § 24, 3-16-92

 

Sec. 26-80.  Same--Fee.

 

An individual sewage system construction permit filing fee as set forth in Section 2-5 of this Code shall be paid at the time an application is filed with the health administration.  No fees will be refunded. 

 

Source:  Code 1962, § 8-7-6; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-81.  Same--Appeals.

 

Any person whose application for an individual sewage disposal system permit has been denied shall be notified in writing as to the reasons for denial and such person may, within ten (10) days after official notification of such action, file a written request for a hearing before the council.  Such hearing shall be held at the next council meeting after the receipt of the request by the mayor and upon reasonable notice to the applicant.  The council shall affirm, modify or revoke the denial, or issue the permit or certificate on the basis of the evidence presented at the hearing. 

 

Source:  Code 1962, § 8-7-9

 

Sec. 26-82.  Compliance with certain standards.

 

All individual sewage disposal systems that shall be constructed, altered or extended as to design, type, size, location and absorption fields, shall proceed in conformance with the requirements of the "Manual of Septic Tank Practice" by the U.S. Public Health Service and the rules and regulations concerning the disposal of wastes instituted and adopted by the state, and any revisions thereof, a copy of which shall be retained on file with the clerk. 

 

Source:  Code 1962, § 8-7-5

 

Sec. 26-83.  Operation and maintenance.

 

All individual sewage disposal systems shall be operated and maintained so as not to create a nuisance or a health hazard.  The pumping, placing, putting or running onto the ground of the contents of any individual sewage disposal system shall be presumed to be a nuisance, a health hazard and unlawful. 

 

Source:  Code 1962, § 8-7-8

 

Sec. 26-84.  Abandonment.

 

A person who abandons or discontinues the use of an individual sewage disposal system shall, within thirty (30) days of the abandonment or discontinuance of use, have the contents of such systems removed and disposed of.  The emptied tanks or pits of any such abandoned individual sewage disposal system shall thereafter be filled with sand. 

 

Source:  Code 1962, § 8-7-3

 

Sec. 26-85.  Privies.

 

No person shall construct or install a privy. 

 

Source:  Code 1962, § 8-7-2

 

Sec. 26-86.  Inspections.

 

(a)   Subject to constitutional limitations, the health director and building official are hereby authorized and directed to make such inspections at reasonable times as are necessary to determine satisfactory compliance with this division.

 

(b)   It shall be the duty of the holder of a permit issued pursuant hereto to notify the building official and the health administrator when the installation is ready for inspection.  The building official and health director may make inspections during construction to determine compliance with this division.

 

(c)   No part of any installation shall be covered until inspected and given final approval by the health director.  Any inspection done as required by this division that is done as a condition of the sale of real estate or for the financing thereof, shall require the payment of a fee as set forth in Section 2-5 of this Code for the inspection of said water, sewer or disposal system. 

 

Source:  Code 1962, §§ 8-7-7, 8-7-10; Ord. No. 3209, § 5, 5-7-84; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-87.  Notice of violations.

 

Whenever there has been a violation of this division, the health director or building official shall give written notice to the person or persons alleged to be in violation.  Such notice shall identify the provision of this chapter, and the alleged violation. 

 

Source:  Code 1962, § 8-7-10

 

DIVISION 3.  RATES AND CHARGES*

*Note--See the editor's note at the beginning of this Art. III.

 

Sec. 26-96.  Collection of sewer charges.

 

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute waste water to the city's treatment works.  The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public waste water treatment works. 

 

Source:  Ord. No. 3014, § 4, 10-5-81

 

Sec. 26-97.  Wastewater treatment rates.

 

(a)   Each user shall pay for the services provided by the city based on his, her or its use of the treatment works as determined by a water meter acceptable to the city.

 

(b)   For industrial and commercial contributors, user charges shall be based on water used during the current billing period.  If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the waste water collection system, the user charge for that contributor may be based on a waste water meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the city.

 

(c)   Buildings housing four (4) or more apartments and trailer courts shall be billed as commercial users.

 

(d)   For residential contributors, bimonthly user charges will be based on usage during the months of December and January, or January and February.  The usage for each bimonthly billing cycle shall be adjusted to 1/6 of a year by the following formula: the current usage divided by the number of days between meter readings times three hundred sixty-five (365) divided by six (6).  If a residential contributor has not established a December and January, or January and February usage, his or her bimonthly user charge shall be the average adjusted charge of all other residential contributors.  If a residential contributor’s usage falls below his or her base usage in any period, his or her sewer charge will be based on actual adjusted sewer usage for that period; however, in no event shall the rate be less than the minimum sewer charge as set forth in subsection (e) below.  The foregoing sewer charge calculation shall be in effect for any and all sewer charges generated on or after January 31, 1998.

 

(e)   The minimum charge for residential and commercial sanitary sewer rates per bimonthly period shall be as set forth in Section 2-5 of this Code.  In addition, each contributor shall pay a user charge rate as set forth in Section 2-5 of this Code.

 

(f)  For those contributors who discharge wastewater of strength greater than normal domestic sewage, a normal user charge and surcharge will be collected.

 

Normal user charges shall be as set forth in Section 2-5 of this Code.

 

At the approximate end of each month, a computation shall be made to determine the surcharge for each property discharging industrial wastes or other high strength wastewater, using the following formula:

 

SC = [Rp x (Pi-Pn) + Rs x (Si-Sn) + Rn x (Ni-Nn) + Rx x (Xi-Xn)] x 8.34 x V

 

Where:

 

SC = Surcharge in $

 

Rp = Unit BOD cost of treating normal sewage in $/lb.

 

Pi = BOD or .6 x COD in the industrial waste in mg/l.

 

Pn = BOD or .6 x COD in normal sewage in mg/l.

 

Rs = Unit suspended solids cost of treating normal sewage in $/lb.

 

Si = Suspended solids in the industrial waste in mg/l.

 

Sn = Suspended solids in normal sewage in mg/l.

 

Rn = Unit Kjeldhal nitrogen (TKN) cost of treating normal sewage in $/lb.

 

Ni = TKN in the industrial waste in mg/l.

 

Nn = TKN in normal sewage in mg/l.

 

Rx = Unit cost of treating any additional pollutants in the industrial waste in $/lb.

 

Xi = Substance requiring additional treatment in the industrial waste in mg/l.

 

Xn = Substance requiring additional treatment in the normal sewage in mg/l.

 

8.34 = lb/million gallons (mg/l).

 

V = Wastewater volume in millions of gallons.

 

It has been calculated that the following values will apply:

 

Rp = As set forth in Section 2-5 of this Code.

 

Pn = 300 mg/l.

 

Rs = As set forth in Section 2-5 of this Code.

 

Sn = 300 mg/l.

 

Rn = As set forth in Section 2-5 of this Code.

 

Nn = 40 mg/l

 

 (g)   Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs.  The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the city council.

 

(h)   The user charge rates established in this article apply to all users, regardless of their location, of the city's treatment works.

 

(i)    Any user of the city's liquid waste dump station for the disposal of special wastes shall be subject to a minimum handling fee as set forth in Section 2-5 of this Code.  Each mud pit load is subject to a minimum fee plus transfer station tipping fees as set forth in Section 2-5 of this Code.. 

 

Source:  Ord. No. 3014, § 5, 10-5-81; Ord. No. 3148, § 1, 6-20-83; Ord. No. 3587, § 2, 9-6-88; Ord. No. 3756, § 1, 12-10-90; Ord. No. 3767, § 1, 1-7-91; Ord. No. 4037, § 1, 7-18-94; Ord. No. 4103, §§ 1, 2, 8-21-95; Ord. No. 4140, §§ 1, 2, 2-5-96; Ord. No. 4193, §§ 1, 2, 9-16-96; Ord. No. 4293, §§ 1, 2, 9-7-97; Ord. No. 4306, § 3, 9-15-97; Ord. No. 4428, §§ 1, 2, 9-7-99; Ord. No. 4824, §§ 1, 2, 9-19-05; Ord. No. 4906, § 1, 10-03-06; Ord. No. 5035, § 1, 10-6-08; Ord. No. 5091, § 1, 9-14-09; Ord. No. 5127, § 1, 8-16-10; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-98.  Billings generally; delinquency.

 

All residential and commercial users shall be billed bimonthly.  Industrial users shall be billed monthly.  Billings for any particular period shall be made within thirty (30) days after the end of that billing period.  Payments are due when the billings are made.  Any payment not received within fifteen (15) days after the billing is made shall be delinquent. 

 

Source:  Ord. No. 3014, § 6, 10-5-81

 

Sec. 26-99.  Charges constitute lien; discontinuance of service for nonpayment.

 

All rental charges prescribed by this article shall be a lien upon the premises or real estate for which the sewer service is supplied and used.  If the rental charges prescribed by this article are not paid within the time in which water service charges for the same consumer are required to be paid by the regulations of the city, then the rental charges prescribed by this article shall be deemed to be delinquent and the water service of such consumer may be discontinued. 

 

Source:  Ord. No. 3014, § 7, 10-5-81

 

Sec. 26-99.5.  Restoration of sewer service.

 

No city sewer service which has been cut off or discontinued shall be restored until the person desiring such restoration makes arrangements for payment of any delinquent bill as well as payment of any applicable service fees which service fees, in conjunction with the water reconnection fees as set forth in Section 2-5 of this Code.  When the sewer has been turned off from the premises of any customer, the customer shall not turn it on nor permit it to be turned on without the prior consent of the water commission. 

 

Source:  Ord. No. 3554, § 1, 5-16-88; Ord. No. 4211, § 1, 10-7-96; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-99.6.  Sewer-only customers, delinquency.

 

For those customers served only by city sewer service, and not city water service, who have become delinquent in the payment of the sewer service, an attempt to collect the delinquent bill in the field shall be made.  The first such attempt in any twelve-month period to collect in the field will be at no additional cost to the delinquent bill.  The second, third or any subsequent attempts will be at an additional cost as set forth in Section 2-5 of this Code plus the delinquent bill.  In the event the attempt to collect the delinquent bill as set forth herein is not successful, then the city shall have the right at any time to expose and disconnect the sewer, and assess the cost of the disconnect to the customer.  The cost of the in field collection fee provided for in this section and the actual cost of exposing and disconnecting the sewer shall be rental charges for purposes of Section 26-99 and shall be paid in full before reconnection can occur. 

 

Source:  Ord. No. 4211, § 2, 10-7-96; Ord. No. 5135, § 17, 9-7-10

 

Sec. 26-100.  Periodic review of rates.

 

The city will review the user charge system (at least every two (2) years), and revise user charge rates as necessary to ensure that the system generates revenues to pay the costs of operation and maintenance including replacement; and that the system continues to provide for the proportional distribution of operation and maintenance costs including replacement costs and debt retirement among users and user classes. 

 

Source:  Ord. No. 3014, § 9, 10-5-81

 

Sec. 26-101.  Notification of rates.

 

The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement of treatment works.

 

Source:  Ord. No. 3014, § 11, 10-5-81

 

Sec. 26-102.  Use of revenue.

 

(a)   The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the city may, by ordinance, designate to be paid by the user charge system.  Appendix A of Ordinance No. 3014 is the sewer user charge plan for the initial two-year period of operation of the expanded plant.

 

(b)   The total user charge collected established in section 26-97, shall be deposited in a separate non-lapsing fund known as the sewer utility fund and will be kept in five (5) accounts as follows:

 

(1)       Operation and maintenance account.  The city shall set aside in this account each month an amount sufficient for the operation and maintenance of its sewer utility and the expenses of maintenance and operation of said utility shall be paid out of this account.

 

(2)       Sewer utility revenue bond account.  Out of the sewer utility fund the city shall pay into this sewer utility revenue bond account, on or before the first day of each calendar month, beginning July 1, 1980, an amount equal to one-sixth (1/6) of the interest which will become due during the next six-month period of all 1979 bonds, all 1980 bonds and all additional bonds then outstanding, plus one-twelfth (1/12) of the principal amount which will become due during the next twelve-month period on all such bonds then outstanding; such transfers to the sewer utility revenue bond account shall be made in such amounts and at such times that there will be sufficient sums in such account to meet the payments required to be made to the county treasurer by Section 12 of Ordinance No. 2883.

 

(3)       Sewer utility bond reserve account.  After provisions have been made for each of the foregoing accounts, the city will continue each month to transfer to this sewer utility bond reserve account, the sum of one thousand five hundred twenty-two dollars and fifty cents ($1,522.50) until there is accumulated in this fund a total of ninety-one thousand three hundred fifty dollars ($91,350.00).

In addition to such monthly transfer of one thousand five hundred twenty-two dollars and fifty cents ($1,522.50), the city shall each month transfer to this account the sum of one thousand one hundred eighty-six dollars and twenty-five cents ($1,186.25) until there is accumulated in this account an additional amount of seventy thousand eight hundred fifty dollars ($70,850.00) for a total required reserve amount of one hundred sixty-two thousand two hundred dollars ($162,200.00). This reserve shall be maintained in this amount as long as any of the 1979 bonds and 1980 bonds are outstanding, except as hereafter provided.  In case any deficiency in the payment into this account occurs, such deficiency shall be made up immediately as soon as any money is available after providing for the foregoing accounts.  If at any time or times the amount on hand in the sewer utility revenue bond account described above shall be insufficient to pay either the interest on or principal of the 1979 bonds or 1980 bonds or any additional bonds then outstanding as and when the same become due, the city shall and hereby agrees to use the funds in the sewer utility bond reserve account to pay said interest or principal and to prevent any default in the payment of said interest on or principal of said revenue bonds.  If the city shall use any of the funds in the said sewer utility bond reserve account for the purpose mentioned herein, then the city shall make no expenditures to any other fund except to the operation and maintenance account, sewer utility revenue bond account, and sewer utility reserve bond account until the amount in the sewer utility reserve bond account is equal to the required fund level as referred to above or such other amount as shall be established in any ordinance authorizing additional bonds.  When the 1979 bonds are no longer outstanding, the maximum required accumulation in this account with respect to the1980 bonds shall be one hundred thirteen thousand seven hundred fifty dollars ($113,750.00). Any ordinance authorizing the issuance of additional bonds shall provide for an increase in the balance required to be accumulated in the sewer utility bond reserve account to an amount not less than the maximum amount of principal and interest payable in any year on the 1979 bonds, the 1980 bonds and all additional bonds to be outstanding after such issuance and such maximum amount shall be required by such ordinance to be accumulated by equal monthly deposits over a period not in excess of five (5) years; provided, however, such ordinance may permit the maximum amount required to be accumulated to be reduced after the 1979 bonds, 1980 bonds, or other additional bonds then outstanding are no longer outstanding.

 

(4)       Replacement, improvement, and extension account.  After providing for the operation and maintenance account and making the payments hereinabove required to be made into the revenue bond account and the bond reserve account, there shall be deposited monthly into this account the sum of two thousand eighty-five dollars ($2,085.00). Moneys in this account will be used for the replacement of major equipment with new equipment of equal or improved design.  Any moneys in this account over and above those amounts reserved for such equipment replacement may be used for improvement, enlargement or extension of the sewer utility.

 

(5)       Surplus account.  After providing for the operation and maintenance account and after making the payments hereinabove required to be made into the sewer utility revenue bond account, the sewer utility bond reserve account and the improvement and extension account, all remaining funds shall be deposited into this surplus account to be used as follows:

 

(a)       To fill any deficiency in the foregoing accounts;

 

(b)       For the purpose of calling under their option provision or for purchasing on the open market 1979 bonds, the 1980 bonds or additional bonds;

 

(c)       For improvements, replacements, extensions, and enlargements to the sewer system.

 

(c)   Fiscal year-end balances in all accounts shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. 

 

Source:  Ord. No. 3014, § 8, 10-5-81

 

Sec. 26-103.  Dump Station Disposal Fees.

 

(a)   Users of the city's wastewater dump station facilities or other designated disposal points for special wastes, which wastes are routed to the treatment system headworks, shall be subject to standard wastewater treatment rates established in section 26-97 of this code.

 

(b)   Users of the city's wastewater dump station facilities for special wastes, which wastes are not routed to the treatment system headworks, shall be subject to Transfer Station tipping fees established in section 10-28 of this code plus a mud pit handling fee established in section 26-97 of this code. 

 

Source:  Ord. No. 4906, § 2, 10-03-06

 

DIVISION 4.  DISCHARGES INTO PUBLIC SEWER SYSTEM*

*Note--See the editor's note at the beginning of this Art. III.

 

Sec. 26-131.  Discharge of untreated sewage deemed unlawful.

 

It shall be unlawful to discharge to any natural outlet within the city or within two (2) miles of the corporate limits thereof, or in any area under the jurisdiction of the city, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. 

 

Source:  Ord. No. 3014, § 13, 10-5-81

 

Sec. 26-132.  Storm water and other unpolluted drainage.

 

Storm water 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 engineer.  Industrial cooling water or unpolluted process waters shall be discharged, at the request of the city engineer, to a storm sewer or natural outlet. 

 

Source:  Ord. No. 3014, § 14, 10-5-81

 

Sec. 26-133.  Discharges into public sewers--Types not permitted.

 

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer.

 

(a)   No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof run-off, interior or exterior footing drainage or subsurface drainage, to any sanitary sewer.  Uncontaminated cooling water and unpolluted industrial process waters may be discharged to a sanitary sewer only if expressly authorized by the city engineer.

 

(b)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

 

(c)   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to the following (in case of conflict, the most stringent condition shall apply):

 

(1)       Cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer; or

 

(2)       Wastes in concentrations or quantities in excess of that set forth in a discharge permit issued to a user as provided herein;

 

(3)       Wastes in excess of maximum concentration established by NDEC and/or EPA for certain wastes, including but not limited to the following: arsenic, cadmium, chromium, copper, cyanide, lead, mercury, nickel, zinc, and identifiable chlorinated hydrocarbons.

 

(d)   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.

 

(e)   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, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, towels, milk containers, etc.; either whole or ground by garbage grinders.

 

(f)   Any waters or wastes having:

 

(1)       A five-day biochemical oxygen demand greater than three hundred sixty-five (365) mg/l; or

 

(2)       Containing more than four hundred sixty-four (464) mg/l of suspended solids; or

 

(3)       Having an average daily flow greater than two (2) per cent of the average sewage flow of the city;

 

Shall be subject to the review of the city engineer.  Where necessary in the opinion of the city engineer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

 

(1)       Reduce the biochemical oxygen demand to three hundred sixty-five (365) mg/l; or

 

(2)       Reduce the suspended solids to four hundred sixty-four (464) mg/l; or

 

(3)       Control the quantities and rates of discharge of such waters or wastes.

 

Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city engineer and no construction of such facilities shall be commenced until said approvals are obtained in writing. 

 

Source:  Ord. No. 3014, § 15, 10-5-81; Ord. No. 3587, § 3, 9-6-88

 

Sec. 26-134.  Same--Types permitted at discretion of city engineer.

 

No person shall discharge or cause to be discharged to any public sewer the following described substances, materials, waters or wastes, if it appears likely in the opinion of the city engineer that such wastes can harm the public sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming his opinion as to the acceptability of these wastes, the city engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of 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:

 

(a)   Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Centigrade).

 

(b)   Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (zero (0) degrees Centigrade and sixty-five (65) degrees Centigrade).

 

(c)   Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (seventy-six one hundredths (0.76) hp metric) or greater shall be subject to the review and approval of the city engineer.

 

(d)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions.

 

(e)   Any waters or wastes containing 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 treatment works exceeds the limits established by the city engineer for such materials.

 

(f)   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 engineer as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

 

(g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city engineer in compliance with applicable state or federal regulations.

 

(h)   Any waters or wastes having a pH in excess of 9.5.

 

(i)    Materials which exert or cause:

 

(1)       Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues), or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

 

(2)       Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

 

(3)       Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

 

(4)       Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.

 

(j)   Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable 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. 

 

Source:  Ord. No. 3014, § 16, 10-5-81

 

Sec. 26-135.  City engineer's discretion re prohibited wastes.

 

(a)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 26-133, and which, in the judgment of the city engineer, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city engineer may:

 

(1)       Reject the wastes;

 

(2)       Require pretreatment to an acceptable condition;

 

(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 this article.

 

(b)   If the city engineer 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 engineer, and subject to the requirements of all applicable codes, ordinances and laws.

 

Source:  Ord. No. 3014, § 17, 10-5-81

 

Sec. 26-136.  Grease, oil and sand interceptors.

 

Grease, oil and sand interceptors shall be provided by the owner of a property when, in the opinion of the city engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for residences.  All interceptors shall be of a type and capacity approved by the city engineer, and shall be located as to be readily and easily accessible for cleaning and inspection. 

 

Source:  Ord. No. 3014, § 18, 10-5-81

 

Sec. 26-137.  Maintenance of preliminary treatment or flow-equalizing facilities.

 

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. 

 

Source:  Ord. No. 3014, § 19, 10-5-81

 

Sec. 26-138.    Sampling of waters and wastes--Stations required; installation and maintenance.

 

The owner of any property serviced by a building sewer carrying industrial wastes shall, at the request of the city engineer, install a suitable sampling station or stations upon each and every building sewer or shall combine said building sewers into one common building sewer upon which one sampling station shall be placed.  The sampling station or stations shall be furnished with such necessary meters and other appurtenances in the building sewer or sewers to facilitate observation, sampling and measurement of the wastes.  Such sampling station or stations shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city engineer.  The sampling station or stations shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.  The sampling equipment will be furnished and maintained by the city. 

 

Source:  Ord. No. 3014, § 20, 10-5-81

 

Sec. 26-139.  Same--Method.

 

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the sampling station provided, or upon suitable samples taken at said sampling station.  Not less than three (3) copies of the latest edition of said volume shall be kept on file in the office of the city clerk for use and examination by the public.  In the event that no special sampling station has been required, the sampling station shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.  (The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premises is appropriate or whether a grab sample should be taken.  Normally, but not always, BOD and suspended solids analyses are obtained from a twenty-four-hour composite of all outfalls whereas pH's are determined based upon periodic grab samples.) 

 

Source:  Ord. No. 3014, § 21, 10-5-81

 

Sec. 26-140.  Treatment of industrial waste; special agreement with city.

 

No statement contained in this article shall be construed as preventing a special agreement or arrangement between the city and the owner of any property whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the owner. 

 

Source:  Ord. No. 3014, § 22, 10-5-81

 

Sec. 26-141.  Permit required; application; oaths; fee; issuance; revocation.

 

(a)   No person shall discharge or cause to be discharged to any public sewer any industrial wastes without a valid permit from the city engineer.  When the city engineer has reason to believe that an owner of property has been discharging, is discharging, or is about to discharge any industrial wastes into a public sewer, he may request such person to file an application for such a permit, which application shall be completed and returned to the city engineer within thirty (30) days after the receipt thereof.

 

(b)   All applications for a permit under this article shall require the applicant to provide: The name, address, and telephone number of the applicant; the location and legal description of the property to be covered by the permit; a general statement of the type of operations conducted and to be conducted in the property; a plat of the property showing accurately all sewers and drains; plans and specifications covering any work proposed to be performed under the permit; a complete schedule of all process waters and industrial wastes produced or expected to be produced for discharge from the property, including a description of the character of each waste, the daily volume and maximum rates of discharge, and representative analyses; and the name, address and telephone number of the person who will perform the work covered by the permit.

 

All applications shall also require the applicant to agree: To furnish, at the request of the city engineer, any additional information relating to the installation or use of the industrial sewer for which the permit is sought; to accept and abide by all provisions of this article and all other pertinent ordinances and regulations which may be adopted in the future; to operate and maintain any waste pretreatment facilities, as may be required as a condition of the acceptance into the public sewers of the industrial wastes involved, in an efficient manner at all times, and at no expense to the city; to cooperate at all times with the city engineer in the inspecting, sampling and study of the industrial wastes and in the inspecting of any facilities provided for pretreatment; and to notify the city engineer immediately in the event of any accident, negligence, or other occurrence which occasions discharge to the public sewers of any wastes or process waters not covered by the permit.

 

(c)   If, after examination by the city engineer of the information contained in an application for a permit hereunder, it is determined by the city engineer that the characteristics of the proposed discharge do not conflict with the provisions of this section, and upon payment of a permit fee as set forth in Section 2-5 of this Code, a permit shall forthwith be issued allowing, the discharge of such wastes to the public sewers.  But, if it is determined by the city engineer that the characteristics of the wastes are not in compliance with the provisions of this article, the application shall be denied by the city engineer and the applicant forthwith advised by the city engineer of steps which must be taken to insure compliance with the provisions of this article.

 

(d)   If the waste discharge is different than shown on the permit, the permit shall be revoked and the owner shall make application for a new permit. 

 

Source:  Ord. No. 3014, § 23, 10-5-81; Ord. No. 5135, § 17, 9-7-10

 

ARTICLE IV.  STORM WATER SYSTEM

Sec. 26-171.  Definitions.

 

Accidental discharge:  A discharge prohibited by this article which occurs by chance and without planning or thought prior to occurrence.

 

Authorized enforcement agency:  The city engineering division or its designee shall implement and enforce the provisions of this article.

 

Best management practices:  Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving water, or storm water conveyance systems.  Best management practices also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

 

Building phase of development: Period of construction activity when a portion(s) of a common plan of development or sale requires a building permit.

 

Clean Water Act:  The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and subsequent amendments thereto.

 

Common plan of development or sale: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, an announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.

 

Construction activity:  Activities subject to the National Pollutant Discharge Elimination System Construction Permits.  Currently these include construction projects resulting in land disturbance of at least one acre or less than one acre if part of a larger common plan of development or sale that will disturb at least one acre.  Such activities include but are not limited to clearing and grubbing, grading, excavation, demolition and other land disturbing actions.

 

Construction site: Any location where construction activity occurs.

 

Contractor:  Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipe work, paving, building, plumbing, mechanical, electrical, landscaping or material supply.

 

Clearing:  Any activity that removes the vegetative surface cover.

 

Disturbed area:  Area of the land's surface disturbed by any work or activity upon the property, by means including but not limited to grading, excavating, stockpiling soil, fill, or other materials, clearing, vegetation removal or deposit of any rock, soil, or other materials, or other activities which expose soil.  Disturbed area does not include the tillage of land that is zoned for agricultural use.

 

Drainage plan:  A schematic of the proposed area and how it connects to city's storm sewer system which includes proposed location, grade, direction of flow, elevations, drainage structures and drainage areas.

 

Earthwork:  The disturbance of soil on a site associated with construction activities.

 

Erosion:  The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

 

Erosion and sediment control plan:  A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally approved standards, specification and guidance.

 

Erosion control:  Measures that prevent soil erosion to the maximum extent practicable.

 

Final stabilization:  When all soil disturbing activities at the site have been completed, and vegetative cover has been established with a uniform density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.  For purposes of this article, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization.

 

Financial security:  A surety bond, performance bond, maintenance bond, irrevocable letter of credit, or similar guarantees provided to the city to assure that a construction storm water pollution prevention plan is carried out in compliance with requirements of this article.

 

Hazardous material:  Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

 

Illicit discharge:  Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this article.

 

Illicit connections:

(a)  Any drain or conveyance, whether on the surface or subsurface, which allows any illicit discharge to enter the storm drain system including, but not limited to, any conveyance which allows any non-storm water discharge including sewage, process wastewater, or wash water to enter the storm drain system

 

(b)  Any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency.

 

(c)  Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

 

(d)  An illicit connection does not include connections that are allowed under section 26-178 of this article.

 

Industrial activity:  Activities subject to National Pollutant Discharge Elimination System Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

 

Municipal Separate Storm Sewer System or "MS4":  A conveyance or system of conveyances including roads with drain systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:

 

(a)  Owned or operated by the city.

(b)  Designed or used for collecting or conveying storm water.

(c)  Which is not a combined sewer conveying both sanitary wastewater and storm water.

(d)  Which is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

 

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit:  A permit issued by EPA (or by a State under authority delegated pursuant to 33USC 1342 (B) that authorizes the discharge of pollutants to water of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

 

Non-storm water discharge:  Any discharge to the storm drain system that is not composed entirely of storm water.

 

Operator:  The individual who has day-to-day supervision and control of activities occurring at the site.  This can be the owner, the developer, the general contractor or the agent of one of these parties.  It is anticipated that at different phases of a project or areas of a facility, different types of parties will satisfy the definition of "operator" and the pertinent portions of any applicable permit authorization from the State of Nebraska will be transferred as the roles change.

 

Outfall:  The point of discharge to any watercourse from a public or private storm drain system.

 

Owner:  Any person, agent, operator, firm or corporation having a legal or equitable interest in a facility, development, part of a facility, or land.

 

Person:  Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

 

Phasing:  Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

 

Pollutant:  Anything which causes or contributes to pollution.  Pollutants may include, but are not limited to:  paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

 

Post-construction:  The general time period referenced in perpetuity from the approval for final acceptance of the construction phase of any construction activity.

 

Premises:  Any building, lot parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

 

Receiving water:  Any water of the State, including any and all surface waters that are contained in or flow in or through the State, all watercourses, even if they are usually dry, irrigation ditches that receive municipal storm water, and storm drain systems owned by other entities.

 

Sediment:  Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.

 

Sediment control:  Measures that prevent eroded sediment from leaving the site.

 

Site:  The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

 

Site plan:  A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of structures, open and enclosed drainage facilities, storm water management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping.

 

Spill:  A release of solid or liquid material, which may cause pollution of the Municipal Separate Storm Sewer System or waters of the State.

 

Stabilization:  The use of practices that prevent exposed soil from eroding.

 

Storm drain system:  Any publicly owned facility by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

 

Storm water:  Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

 

Storm water pollution prevention plan:  A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutants to the maximum extent practicable.

 

Subdivision development:  Includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon.

 

Utility agency/contractor:  Private utility companies, public utility departments, or other utility providers, contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.

 

Wastewater:  Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

 

Watercourse:  Any depression or draw below the surrounding lands and having a continuous outlet to a stream of water, river, brook or storm drain system shall be deemed a watercourse.

 

Waters of the State:  Any and all surface and subsurface waters that are contained in or flow in or through the State of Nebraska.  The definition includes all watercourses, even if they are usually dry.

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-172.  Purpose and intent.

 

The purpose of this article is to provide for the public health, safety, and general welfare of the citizens of the city through the regulation of non-storm water discharges to the storm drain system to the maximum extent practicable as required by Federal and State law.  This article also provides for the control of land disturbances, or elimination of soil erosion and sedimentation within the city and its extraterritorial zoning jurisdiction.  This article establishes methods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System in order to comply with requirements of the National Pollutant Discharge Elimination System permit process.  The objectives of this article are:

 

(1)       To regulate the contribution of pollutants to the Municipal Separate Storm Sewer System by discharges by any person.

 

(2)       To prohibit illicit connections and discharges to the Municipal Separate Storm Sewer System.

 

(3)       To prevent non-storm water discharges generated as a result of spills, inappropriate dumping, or disposal, to the city's separate storm drain system.

 

(4)       To reduce pollutants in storm water discharges from construction activity by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land.

 

(5)       To require the construction of locally-approved, permanent storm water runoff controls to protect water quality and maintain non-erosive hydrologic conditions downstream of construction activity and development.

 

(6)       To require responsibility for and long-term maintenance of structural storm water control facilities and nonstructural storm water management.

 

(7)       To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this article. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-173.  Applicability. 

 

This article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands within the city or its extraterritorial zoning jurisdiction unless explicitly exempted by an authorized enforcement agency. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-174.  Compatibility with other regulations. 

 

This article is not intended to modify or repeal any other article, rule, regulation or other provision of law.  The requirements of this article are in addition to the requirements of any other article, rule, regulation, or other provision of law, and where any provision of this article, rule, regulation, or other provision of law conflicts with any other requirement, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 

 

Source:  Ord. No. 5086, § 1, 8-3-09

 

Sec. 26-175.  Responsibility for administration. 

 

The city engineering division or designee shall administer, implement, and enforce the provisions of this article.  Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the city administrator. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-176.  Severability 

 

The provisions of this article are hereby declared to be severable.  If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article. 

 

Source:  Ord. No. 5086, § 1, 8-3-09

 

Sec. 26-177.  Ultimate responsibility. 

 

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. 

 

Source:  Ord. No. 5086, § 1, 8-3-09

 

Sec. 26-178.  Prohibition of illegal discharges. 

 

No person shall discharge or cause to be discharged into the storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standard, other than storm water.

 

The commencement, conduct or continuance of any illegal discharge to the storm drain system or watercourses is prohibited except as described as follows:

 

(1)       The following discharges are exempt from discharge prohibitions established by this article:

 

(a)       water line flushing or other potable water sources;

(b)       landscape irrigation or lawn watering;

(c)       diverted stream flows;

(d)       rising ground water, ground water infiltration to storm drains;

(e)       uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps;

(f)        air conditioning condensation;

(g)       springs;

(h)       non-commercial washing of vehicles;

(i)        natural riparian habitat or wet-land flows;

(j)        swimming pools (if dechlorinated - typically less than one PPM chlorine);

(k)       fire fighting training activities; and

(l)        any other water source not containing pollutants.

 

(2)       Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety..

 

(3)       Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of test.

 

(4)       The prohibition shall not apply to any non-storm water discharge permitted under a National Pollutant Discharge Elimination System permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-179.  Prohibition of illegal connections. 

 

The construction, connection, use, maintenance or continued existence of any illegal connection to the city's storm drain system is prohibited.

 

(1)       This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

 

(2)       A person is considered to be in violation of this article if the person connects a line conveying sewage to the storm drain system, or allows such a connection to continue. 

 

Source:  Ord. No. 5086, § 1, 8-3-09

 

Sec. 26-180.  Industrial or construction activity discharges. 

 

Any person subject to an industrial or construction activity National Pollutant Discharge Elimination System storm water discharge permit shall comply with all provisions of such permit.  Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the storm drain system. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-181.  Requirements to prevent, control, and reduce storm water pollutants by the use of best management practices. 

 

The city may adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S.  The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or water courses through the use of these structural and non-structural best management practices to prevent the further discharge of pollutants to the storm drain system.  Compliance with all terms and conditions of a valid National Pollutant Discharge Elimination System permit authorizing the discharge of storm water associated with industrial provisions of this section shall be required.  These best management practices shall be part of a storm water pollution prevention plan as necessary for compliance with requirements of the National Pollutant Discharge Elimination System permit. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-182.  Watercourse protection. 

 

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.  In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. 

 

Source:  Ord. No. 5086, § 1, 8-3-09

 

Sec. 26-183.  Suspension of storm drain system access.

 

(a)   Suspension due to illicit discharges in emergency situations:  The city may, without prior notice, suspend storm drain system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drain system or waters of the United States.  If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the storm drain system or waters of the United States or to minimize danger to persons.

 

(b)   Suspension due to the detection of illicit discharge:  Any person discharging to the storm drain system in violation of this article may have their storm drain system access terminated if such termination would abate or reduce an illicit discharge.  The city will notify a violator of the proposed termination of its storm drain system access.  The violator may submit a written petition to the authorized enforcement agency for a reconsideration and hearing.

 

(c)   Unlawful reinstatement of storm drain system access:

 

A person commits an offense if the person reinstates storm drain system access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-184.  Access and inspection of properties and facilities.

 

The city engineering division or designee shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

 

(a)  The city shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.  If a discharger has security measures in force which require proper identification and clearance before entry into its premises, provisions should be in place to allow access to representatives of the authorized enforcement agency.

 

(b)  Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a National Pollutant Discharge Elimination System permit to discharge storm water, and performance of any additional duties as defined by state and federal law.

 

(c)  The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge.

 

(d)  The city has the right to require the discharger to procure and install monitoring equipment as necessary.  The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense.  All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

 

(e)  The temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the owner and/or operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the owner and/or operator.

 

(f)  Unreasonable delays in allowing the city facility access to a permitted facility are a violation of a storm water discharge permit and of this article.  A person who is the operator of a facility with a National Pollutant Discharge Elimination System permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

 

(g)  If the city has been refused access to any part of the premises from which storm water is discharged, and the city is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of an inspection warrant or search warrant from any court of competent jurisdiction. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-185.  Notification of accidental discharges and spills.

 

Notwithstanding other requirements of the law, as soon as any owner or operator for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-storm water discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into storm water, the city's storm drain system, State water, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

 

Said person shall notify the authorized enforcement agency in person, by phone or by facsimile or e-mail no later than 24 hours after the discharge or spill of the nature, quantity and time of occurrence of the discharge.  Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency or designee within three business days of the phone call or by personal notification.  If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence.  Such records shall be retained for at least three years.  Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

 

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

 

Failure to provide notification of a release as provided above is a violation of this Code.

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-186.  Construction, general requirements for construction activities.

 

(a)  Except for construction activity relating to the building phase of development, the city shall require proof of coverage by a Nebraska Department of Environmental Quality general permit authorization for storm water discharges from construction sites before providing approval for construction activity and land developments requiring - including but not limited to - site plan applications, subdivision applications, building applications, and right-of-way applications from the city, unless exempt pursuant to subsection (1) below.  These provisions apply to all portions of any plan for land disturbing activity which would cause the disturbance of at least one acre of soil or part of a larger common plan that will disturb at least one acre of soil.

 

(1)       The following activities are exempt from this section:

 

(i)         Any emergency activity that is necessary for the immediate protection of life, property, or natural resources; and .

 

(ii)        Construction activity that provides maintenance and repairs performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.

 

(b)  The city shall be invited to the pre-construction meeting to review the installation of all temporary erosion and sediment control best management practices included on the approved erosion and sediment control plan at least two (2) business days before any construction activities are scheduled to start.

 

(c)  Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of best management practices.  Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste.  Uncontained waste that may blow, wash or otherwise be released from the site is prohibited.  Sanitary waste facilities shall be provided and maintained in a secured manner.

 

(d)  Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete, shall not be allowed to discharge from any construction site.  Concrete wasted on site must be disposed in a manner consistent with locally approved standards and generally require establishment of a designated wash-out area.

 

(e)  Cover or perimeter control shall be applied within 14 days to any soil stockpiles, which will remain undisturbed for longer than 30 calendar days.

 

(f)  Disturbed soil shall be managed with best management practices that are adequately designed, installed, and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits.

 

(g)  Sediment tracked or discharged onto public right-of-way shall be removed immediately.

 

(h)  Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the state.

 

(i)  Temporary best management practices shall be removed and disturbed areas shall be stabilized with permanent best management practices at the conclusion of construction activity.

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12;

 

Sec. 26-187.  Requirements for the building phase of development.

 

Any person who engages in construction activity is responsible for compliance with this article and all applicable terms and conditions of the approved construction activity and storm water pollution prevention plan as it relates to the building phase of development.  The following information shall be included with the application for a building permit:

 

(1)       Either (a) the legal description and National Pollutant Discharge Elimination System permit number for the Larger Common Plan of Development, or (b) the location of the property where the building phase of development is to occur; and

 

(2)       Contractor acknowledgement that the building phase of development for the property described on the application for a building permit will be conducted in conformance with Sec. 26-186 of this Code and the construction activity storm water pollution prevention plan.

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-188.  Construction storm water pollution prevention plan.

 

(a)  A storm water pollution prevention plan shall be prepared and updated in accordance with locally-approved technical standards, specification, and guidance for construction activity within the city and its extraterritorial zoning jurisdiction and shall include an erosion and sediment control plan for land disturbance.

 

(b)  The storm water pollution prevention plan shall include a description of all potential pollution sources as well as temporary and permanent best management practices that will be implemented at the site as approved by the city.

 

(c)  The erosion and sediment control plan shall be submitted to the city for review with any application covered in 26-186 of this Code.

 

(d)  Land disturbing activities may not proceed until approval of the erosion and sediment control plan is provided by the city.

 

(e)  The owner or operator is required to have a copy of the storm water pollution prevention plan readily available or on site for review with content that reflects the current condition of the construction activity and all records that demonstrate compliance and are required by this Code.

 

(f)  The storm water pollution prevention plan shall include a description of routine site inspections.

 

(1)       The owner or their representative shall inspect all best management practices at intervals of no greater than 14 calendar days and within 24 hours after any precipitation event of at least on-half inch.

 

(2)       Inspections of best management practices shall be conducted by an individual knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact storm water quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of storm water discharges from the construction activity.

 

(3)       Inspection reports shall provide the name and qualification of the inspector, date of the evaluation, risks to storm water quality identified, and all corrective actions necessary to prevent storm water pollution.

 

(4)       The owner or operator of a construction activity may be requested to submit copies of inspection reports for review on a periodic basis by the city..

 

(g)  Based on inspections performed by the owner, operator, authorized city personnel, State or Federal regulators, modifications to the storm water pollution prevention plan will be necessary if at any time the specified best management practices do not meet the objectives of this article.  In this case, the owner shall meet with the authorized enforcement agency to determine the appropriate modifications.  All required modifications shall be completed within seven (7) calendar days of receiving notice of inspection findings, and shall be recorded in the storm waste pollution prevention plan.

 

(h)  The owner or operator of a construction site shall be responsible for amending the storm water pollution prevention plan whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the storm water pollution prevention plan proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with land disturbance.

 

(i)  Records of inspection are to be maintained with the storm water pollution prevention plan for the life of the project.  Inspection records are to be available to the city's inspectors immediately upon request.  Delay in providing a copy of the storm water pollution prevention plan or any requested records shall constitute a violation of this Code.

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-189.  Requirements for utility construction.

 

(a)  Utility agencies or their representatives shall develop and implement best management practices to prevent the discharge of pollutants on any site of utility construction within the city and its extraterritorial zoning jurisdiction.  The city may require additional best management practices on utility construction activity.  If the utility construction disturbs greater than one (1) acre, the utility agency must comply with the requirements of sec. 26-186 of this Code.

 

(b)  Utility agencies or their representative shall implement best management practices to prevent the release of sediment from utility construction sites.  Disturbed areas shall be minimized, disturbed soil shall be managed and construction site exits shall be managed to prevent sediment tracking.  Sediment tracked onto public right-of-way shall be removed immediately.

 

(c)  Prior to entering a construction site or subdivision development, utility agencies or their representatives shall obtain and comply with any approved erosion and sediment control plans for the project.  Any impact to construction and post-construction best management practices resulting from utility construction shall be evaluated prior to disturbance by the developer and utility company.  Repairs to the disturbed best management practices must be completed within forty-eight (48) hours, by individuals agreed upon during the design phase or at a preconstruction meeting.

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-190.  Post-Construction.

 

(a)  Post-construction requirement of permanent best management practices:

 

(i)        Land development that meets the requirements of Section 26-186 and 26-187 must address storm water runoff quality through the use of permanent best management practices.  Permanent best management practices shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.

 

(ii)        Structural best management practices located on private property shall be owned and operated by the owner(s) of the property on which the best management practice is located; unless the city agrees in writing that a person or entity other than the owner shall own or operate said best management practice.  As a condition of approval of the best management practice, the owner shall also agree to maintain the best management practice in perpetuity to its design capacity unless, or until, the city shall relieve the property owner of that responsibility in writing.  The obligation to maintain the best management practice shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the city.

 

(b)       Certification of permanent best management practices:

 

(i)        Plan submittal must be made by a Nebraska Registered Professional Engineer.

 

(ii)       Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved Final Storm Water Plan.  All applicants are required to submit "as built" plans for any permanent best management practices once final construction is completed and must be certified by a professional engineer licensed in the State of Nebraska.  A final inspection by the city of all Post-construction best management practices shall be required before a Certificate of Occupancy will be issued or any public infrastructure is accepted.

 

(c)       Ongoing inspection and maintenance of permanent best management practices:

 

(i)        The owner of site must, unless an on-site storm water management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent best management practices.

 

(ii)        Permanent best management practices included in a Final Storm Water Plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this Ordinance. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-191.  Technical standards, specifications, and guidance.

 

All best management practices designed to meet the requirements of this article shall reference the appropriate technical standards, specifications and guidance as follows:

 

(1)       City Standards and Specifications for Construction.

 

(2)       Nebraska Department of Roads Drainage Design and Erosion control Standards, Specifications and Guidance.

 

(3)       Any other alternative methodology approved by the city, which is demonstrated to be effective. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-192.  Notice of violation.

 

Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person.

 

The  notice of violation shall be sent via regular United States mail or via hand delivery to the owner of the property and any licensee listed under a city business license for the property and said notice shall contain:

 

(1)       The name and address of the parties listed above;

 

(2)       The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

 

(3)       A statement specifying the nature of the violation;

 

(4)       A description of the remedial action;

 

(5)       A statement of the penalty or penalties that shall or may be assessed against the person or persons to whom the notice of violation is directed; and,

 

(6)       A statement that the determination of violation may be appealed to the city or designee by filing a written notice of appeal within thirty (30) days of service of notice of violation.  

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-193.  Appeal of notice of violation.

 

Any person receiving a notice of violation may appeal the determination of the city.  The notice of appeal must be received within thirty (30) days from the date of the notice of violation.  Hearing on the appeal before the city engineer or his or her designee shall take place within 15 days from the date of receipt of the notice of appeal.  All decisions of the city engineer or his or her designee may be appealed to the storm water board of appeals by any person aggrieved by the decision of the city engineer or his or her designee, or any taxpayer, officer, department, board or bureau of the city.  The storm water board of appeals shall be comprised of the same members as the zoning board of adjustment.  The persons serving as officers on the zoning board of adjustment shall also serve as officers on the storm water board of appeals so that they hold the same position on both boards.  Such appeal must be presented to the city clerk within thirty (30) days after the decision is made by the city engineer or his or her designee .  A fee of $500.00 shall accompany each application for appeal to the board of appeals which fee shall be refunded to the applicant in the event the board of appeals finds in favor of the applicant.  In the event of an appeal, the storm water board of appeals shall hold a public hearing and after doing so, the storm water board of appeals may reverse, affirm or modify the decision of the city engineer or his or her designee.  The appellant shall be responsible for paying the publication fees related to the appeal hearing. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-194.  Enforcement measures after appeal.

 

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal to the city engineer, within 15 days of the decision of the city engineer or his or her designee, or in the event of an appeal to the property maintenance code board of appeals, within 30 days of the decision of the property maintenance code board of appeals, then representatives of the city engineer or his or her designee may enter upon the subject private property and are authorized to take any measures necessary to abate the violation and/or restore the property.  It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated city contractor to enter upon the premises for the purposes set forth above. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-195.  Cost of abatement of the violation.

 

Within thirty (30) days after abatement of the violation as provided for in sec. 26-194, the owner of the property will be notified of the cost of abatement, including administrative costs.  The property owner may file a written protest objecting to the assessment or to the amount of the assessment within thirty (30) days of such notice.  If the amount due is not paid within thirty (30) days after receipt of the notice, or if an appeal is taken, within (30) days after a decision on said appeal, the city may:

 

(1)       Levy the cost as a special assessment against the lot or real estate upon which the building or structure is located.  Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments; and/or

 

(2)       Collect the cost from the owner of the building or structure and enforce the collection by civil action in any court of competent jurisdiction. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-196.  Injunctive relief.

 

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article.  If a person has violated or continues to violate the provisions of the article, the authorized enforcement agency may petition any court of competent jurisdiction for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-197.  Appeal of notice of violation.

 

In lieu of enforcement proceedings, penalties and remedies authorized by this article, the city may impose upon a violator alternative compensatory action, such as storm drain stenciling, attending compliance workshops, creek cleanup, or other community service work. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-198.  Violations deemed a public nuisance.

 

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of the article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-199.  Criminal prosecution.

 

(a)  Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $500.00 dollars per violation per day.

 

(b)  The authorized enforcement agency may recover all attorneys' fees, court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

Sec. 26-200.  Remedies not exclusive.

 

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. 

 

Source:  Ord. No. 5086, § 1, 8-3-09; Ord. No. 5237, § 1, 12-3-12

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us 

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