6-101 OPERATION AND FUNDING
6-102 DEFINITIONS
6-103 CUSTOMER PERMIT DEPOSIT
6-104 SERVICE TO NONRESIDENTS
6-105 WATER CONTRACT AND CONNECTION
6-106 INSTALLATION PROCEDURE
6-107 INSTALLATION EXPENSE
6-108 REPAIRS
6-109 FEES AND COLLECTIONS
6-110 RATES
6-111 WATER BILLS
6-112 LIEN
6-113 SINGLE PREMISE
6-114 RESTRICTED USE
6-115 FIRE HYDRANTS
6-116 POLLUTION
6-117 WATER SERVICE CONTRACTS
6-118 ENTRY FOR INSPECTION AND REPAIR
6-119 POLICE REPORTS
6-120 DESTRUCTION OF PROPERTY
6-121 DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE
6-122 DIVERSION OF SERVICES, METER TAMPERING, UNAUTHORIZED RECONNECTION, PROHIBITED; EVIDENCE
6-123 RECONNECTION FEE
6-125 WATER LEAKS
6-126 BACKFLOW REGULATIONS; PURPOSE
6-127 BACKFLOW REGULATIONS; AUTHORITY
6-128 BACKFLOW REGULATIONS; RESPONSIBILITY
6-129 BACKFLOW REGULATIONS; DEFINITIONS
6-130 BACKFLOW REGULATIONS; ADMINISTRATION
6-131 BACKFLOW REGULATIONS; REQUIREMENTS
6-132 BACKFLOW REGULATIONS; DEGREE OF HAZARD
6-133 BACKFLOW REGULATIONS; PERMITS
6-134 BACKFLOW REGULATIONS; EXISTING IN-USE BACKFLOW PREVENTION DEVICES
6-135 BACKFLOW REGULATIONS; PERIODIC TESTING
6-136 BACKFLOW REGULATIONS; RECORDS AND REPORTS
6-137 BACKFLOW REGULATIONS; FEES AND CHARGES
6-138 BACKFLOW REGULATIONS; BACKFLOW PREVENTER
6-139 BACKFLOW REGULATIONS; STRAINERS
6-140 CITY WELLS; SAFE ZONE
6-141 PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
ARTICLE
II – SEWER
DEPARTMENT
6-201 OPERATION AND FUNDING
6-202 CONNECTION REQUIRED, NOTICE
6-203 CONNECTION PERMIT REQUIRED; INSTALLATION REQUIREMENTS
6-204 CUSTOMER DEPOSIT
6-205 RATES
6-207 COLLECTION OF SEWER CHARGES
6-208 DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE
6-209 LIEN
6-210 CUSTOMER CHARGES
6-211 USE OF REVENUE
6-212 REVIEW OF RATES
6-213 NOTIFICATION OF RATES
6-214 DEFINITIONS
6-215 DISCHARGE OF UNTREATED SEWAGE; UNLAWFUL
6-216 DISCHARGE OF STORM WATER AND OTHER UNPOLLUTED WATERS
6-217 DISCHARGES INTO PUBLIC SEWERS; TYPES NOT PERMITTED
6-218 DISCHARGES INTO PUBLIC SEWERS; TYPES PERMITTED AT DISCRETION OF WATER COMMISSIONER
6-219 PROHIBITED DISCHARGES; NATURE OF; WATER COMMISSIONER’S DISCRETION WITH RESPECT TO
6-220 GREASE, OIL AND SAND INTERCEPTORS; WHEN REQUIRED
6-221 PRELIMINARY TREATMENT OR FLOW-EQUALIZING FACILITIES; MAINTENANCE BY OWNER
6-222 SAMPLING STATIONS; WHEN REQUIRED; INSTALLATION AND MAINTENANCE
6-223 SAMPLING OF WATERS AND WASTES; METHOD OF
6-224 TREATMENT OF INDUSTRIAL WASTE; SPECIAL AGREEMENT WITH CITY
6-225 UNAUTHORIZED ENTRY OR UNAUTHORIZED DAMAGING OF EQUIPMENT; UNLAWFUL
6-226 RIGHT OF ENTRY; AUTHORITY OF CITY ENGINEER AND WATER COMMISSIONER
6-227 PRIVATE SEWAGE DISPOSAL SYSTEMS
6-228 WATER COMMISSIONER RELIEVED FROM PERSONAL LIABILITY
6-229 HEARING BOARD
6-230 PENALTIES
ARTICLE
IV –
MUNICIPAL LANDFILL
6-401 OPERATION AND FUNDING
6-402 STATE REGULATION
6-403 HOURS OF OPERATION
6-404 REGULATIONS
6-405 SCAVENGING
6-406 C & D LANDFILL; RATES
ARTICLE
V – GARBAGE
AND REFUSE COLLECTION
6-501 DEFINITIONS
6-502 GARBAGE; REMOVAL REQUIRED; RECEPTACLES
6-503 AUTHORITY OF GOVERNING BODY
6-504 GARBAGE AND REFUSE; NOTICE; REMOVAL
6-505 ACCUMULATION OF GARBAGE AND REFUSE; NUISANCE
6-506 GARBAGE AND REFUSE REMOVAL; LIEN
6-507 COLLECTION REGULATIONS
6-508 COLLECTION FEES
6-509 CUSTOMER DEPOSIT
6-510 LIABILITY FOR CHARGES; PROOF OF PROPER DISPOSAL
6-511
GARBAGE REMOVAL; PERMIT REQUIRED;
REGULATION - NOT APPLICABLE AS OF 4-1-07
6-512 WASTE DISPOSAL, RECYCLING FACILITY
ARTICLE
VI – NATURAL
GAS RATE REGULATION
6-601 ADOPTION OF NATURAL GAS REGULATION ACT
6-602 GAS RATE COLLECTION FEE
ARTICLE
VII – PENAL
PROVISION
6-701 VIOLATION; PENALTY
ARTICLE I – WATER DEPARTMENT
SECTION 6-101: OPERATION AND FUNDING
The City owns and operates the City Water Department through the Water Commissioner. The Governing Body, for the purpose of defraying the cost of the care, management and maintenance of the City Water Department may each year levy a tax not exceeding the maximum limit prescribed by State law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Water Fund and shall remain in the custody of the City Treasurer. The Water Commissioner shall have the direct management and control of the City Water Department and shall faithfully carry out the duties of his office. The Water Commissioner shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the Governing Body. The Governing Body shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the City Clerk for public inspection at any reasonable time. (Ref. 17-531, 17-534, 19-1305 RS Neb.)
SECTION 6-102: DEFINITIONS
The following definitions shall be applied throughout this Chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.
The term "main" is hereby defined to be any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and dispersing the same, in the City.
The term "service pipe" is hereby defined to be any potable water line extending from the main to the meter, including corporation cock, shut-off valve and box, excluding potable water lines used for fire protection.
The term "consumer" includes, user, lessee, customer, person and subscriber and shall be any individual, partnership, company, public or private corporation, political subdivision or agency of the State Department, agency or instrumentality of the United States or any legal entity who utilizes the water services of the City.
The term "owner" includes lessor and record owner, and is hereby defined as any person who has legal title or interest in and to the property upon which City Water/Sewer Service is connected to. An owner may also be a consumer when directly utilizing the Water/Sewer Service of the City as any consumer.
(Amended
by Ord. Nos. 456-A,
The term “residential” is hereby defined as property, or that portion of property, used exclusively as a dwelling or living quarter by one or more persons.
The term “commercial” is hereby defined as any user other than residential. If a building is used jointly for residential and commercial, the user shall be considered commercial.
SECTION 6-103: CUSTOMER PERMIT AND DEPOSIT
I. Every person or persons desiring a supply of water must make application therefore to the Water Commissioner on forms provided by the Water Commissioner and filed at the City Office. The application shall state for what purpose the water shall be used, and the permit issued by the Water Commissioner shall restrict such use to that use which has been applied for. The Water Commissioner shall not issue a permit for water use if the use of such water would violate any other provisions of O’Neill’s Municipal Ordinances or rules and regulations of the Nebraska Department of Environmental Quality. Water may not be supplied to any house or private service pipe except upon the order of the Water Commissioner.
II. (A) All new customers (except customers served by the City within the past 12 months and who established satisfactory record of payment for the previous service) shall be required to make a deposit with the City as follows:
| Water Meter Size |
Basic
Service Rate: |
|
2006
2007
2008
2009 2010 |
|
| 1.0" or Less |
$
5.60
6.20
6.80
7.40
8.00 |
| 1.5" |
$11.20
12.40
13.60
4.80 16.00 |
| 2.0" |
$22.40
24.80 27.20
29.60 32.00 |
| 3.0" |
$44.80
49.60 54.40
59.20 64.00 |
| 4.0" |
$89.60
99.20 108.80
118.40 128.00 |
| 6.0" |
$179.20
198.40 217.60
236.80 256.00 |
This deposit amount is one amount for water, sewer and/or garbage or any combination of the three.
(B) Each deposit shall be refunded when the customer has established a satisfactory payment record for a period of 12 consecutive months and has not been served with more than two disconnect notices during such period of time. When supported by facts the Mayor may determine the deposit shall be held for a longer period to assure a satisfactory payment record.
(C) The City may offset any customer's deposit at any time during which the customer's account is delinquent. Such deposit may also be used to offset any payment due on any other account of the customer, payment for damages due from the customer, or payment of a judgment obtained by the City of O’Neill for any reason either against the property owner or customer, if a different person.
(D) City may use any means available to it by law for collection of a customer's delinquent account in addition to use of their deposit.
(Ref. 17-537 RS
Neb.) (Amended by Ord. Nos. 843,
SECTION 6-104: SERVICE TO NONRESIDENTS
The City
Water Department shall
not supply water service to any person outside the corporate limits
without
special permission from the Governing Body; provided, the entire cost
of laying
mains, service pipe, and supply pipe shall be paid
by the
owner. Nothing herein shall be construed to obligate the City to
provide water
service to nonresidents. (Ref. 19-2701 RS Neb.)
(Amended by Ord. No. 913,
SECTION 6-105: WATER CONNECTION PERMIT AND INSTALLATION REQUIREMENTS
Persons within the corporate limits of the City where any part of their property is less than 200 feet from a city water line shall connect to the City Water System at the time of:
a. New Construction; or
b. When a property is using a private well which needs to be replaced,
except as set forth herein. The City may furnish water to persons within its corporate limits whose premises are not within 200 feet of a city water line and may also furnish water to persons whose premises are situated outside the corporate limits of the City, as and when the Governing Body may see fit to do so. The rules, regulations and water rates hereinafter named in this Article shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and owner and the City, to which said contract both consumer and owner are bound. If the consumer or owner shall violate any of the provisions of said contract or any rules and regulations that the Governing Body may hereafter adopt, the Water Commissioner or his/her agent may cut off or disconnect the water service from the building or premise or place of such violation. No further connection for water service to said building, premise or place shall again be made, save or except by order of said Commissioner or his/her agent. It shall be unlawful to construct or maintain any private well within the City limits on property, any part of which is less than 400 feet of a city water line, except when the private well:(a) Is used for non-household use and there are no cross-connections with any City water line or private water service line; and
(b) Existing wells, not otherwise in violation with any provision of the O'Neill Municipal Code.
In the event a building does not have a basement or other suitable location for installation and and maintenance of a meter,the owner shall use and install a meter pit that is constructed of material to prevent intrusion of water and allows good access for repair or replacement. Meter pits shall be for required potable water only
(Amended by
Ord.
Nos. 913,
SECTION 6-106: INSTALLATION PROCEDURE
In making excavations in streets, alleys or sidewalks for the purpose of installing pipe or making repairs, the paving and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes are laid, the streets, alleys and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of 24 hours or more, the Water Commissioner shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the owner. All installations or repairs of pipes require two inspections by the Water Commissioner as follows:
First – When connections or repairs are completed and before the pipes are covered.
Second - After the dirt work is completed and the service is restored.
It is the
owner's responsibility to notify the Commissioner at the time the work
is ready
for each inspection. All
installation shall be done under the supervision and strictly in
accordance
with the rules, regulations and specifications prescribed by the Water Commissioner and reviewed and approved by the
Governing
Body. (Ref. 17-537 RS Neb.) (Amended by Ord. No. 913,
SECTION 6-107: INSTALLATION EXPENSE
The expense of providing water service to the premises from the nearest feasible main to the place of disbursement shall be paid by the owner. This expense shall include the installation, pipe, stop box, meter and procuring the services of a plumber and other labor necessary to bring the water service to the place of disbursement. The City, in its discretion, may purchase the corporate cock necessary for installation, but the consumer must reimburse the City for the cost of said equipment.
The City shall complete the actual tapping of the water main and for that service, the owner shall pay a tap fee as set by resolution of the City Council, due and payable upon application for the necessary building permit, included in the total building permit fee; if a building permit is not necessary, the tap fee shall be due upon applying for water service.
All water meters shall be of a type and model furnished by the City. All premises connected with the water plant and system of the City shall have placed therein a water meter approved by the City. All meters and extensions shall be purchased and set in place at the expense of the owner. Every new building or structure shall have installed therein a new meter or meters. There shall be no used meter brought in and used in the City Water System.
All water meters shall be installed inside the residence building or structure which said connection serves, or in a building or structure which is heated and approved by the City to properly prevent said meter and connection from weather and provide proper maintenance. On any new installation or replacement, there shall be a shutoff valve placed in the water line on each side of the meter, going into and out of said meter. The property owner shall be responsible for loss of meters and for repair and damage of meters as provided in this Article.
An
application for water and
sewer service or a contract must be signed
by the
customer and must be on file in the City of
SECTION 6-108: REPAIRS
Repairs to
the service line,
including the corporate cock, shall be made
by and at
the expense of the owner. In the event
the owner should fail or refuse to make such necessary repairs in a
reasonable
time, the City may make such repair(s) and the Water Commissioner shall
bill
and collect for the same in the same manner as water fees are
collected, including disconnection if necessary.
All other repairs to the property of the
Water Department, including the meter, shall be
made
by the City. All water meters shall be kept in repair by the City at the
expense of the
City. When meters are
worn out, they shall be replaced and reset by the City at the expense
of the
City; provided that if the owner permits or allows a water meter to be
damaged,
injured or destroyed through his/her own recklessness, carelessness or
neglect
so that the meter must be repaired or replaced, the Water Commissioner
shall
bill and collect from the owner the cost of such meter repair or
replacement in
the same manner as water fees are collected, including disconnection if
necessary. Permitting a water
meter to be damaged or destroyed by
freezing shall
always be considered negligence on the part of the customer. All meters shall be tested at the customer's
request at the expense of the customer any reasonable number of times;
provided
that if the test shows the water meter to be running 2% or more fast,
the
expense of such test shall be borne by the City. The
City reserves the right to test any water
service meter at any time, and if said meter is
found
to be beyond repair, the City shall always have the right to place a
new meter
on the customer's water service fixtures at city expense.
Should a customer's meter fail to register
properly, the customer shall be charged for water during the time the
meter is
out of repair on the basis of the preceding year; provided that if no
such
basis for comparison exists, the customer shall be charged such amount
as may
be reasonably fixed by the Water Commissioner. (Ref.
17-542
RS Neb.) (Amended by Ord. Nos. 772,
SECTION 6-109: FEES AND COLLECTIONS
The Governing Body has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the City Clerk. The Water Commissioner shall bill the consumers and collect all money received by the City on the account of the Water Department. He/she shall faithfully account for and pay to the City Treasurer all revenue collected by him/her, taking his/her receipt therefore in duplicate, filing one with the City Clerk and keeping the other on file in the Water Department's official records. (Ref. 17-540 RS Neb.)
SECTION 6-110: RATES
All water customers shall be liable for the basic service rate and volume charge provided by ordinance unless and until the consumer shall, by written order, direct the Water Commissioner to shut off the water at the stop box, in which case he/she shall not be liable thereafter for water rates until the water is turned on again. The water service rates as adopted by ordinance of the Governing Body are as follows:
Water Meter Size Basic Service Rate
1.0” or less $ 5.00
1.25” 6.25
1.5” 7.50
1.75” 8.75
2.0” 10.00
2.25” 11.25
2.5” 12.50
2.75” 13.75
3.0” 15.00
4.0” 20.00
6.0” 30.00
Plus volume charge for water usage during the billing period:
Residential $ 0.70 per 1,000 gallons
Commercial 0.85 per 1,000 gallons
In the event a change in type of business/use occurs or has occurred since time of installation of the service line and use is 5,000 gallons per month or less, the user may be eligible for a reduction in basic service rate and may make written application to the Water Commissioner for reduction of the basic service rate to a line size based on history of usage for a period of at least 12 months. The user may appeal the decision of the Water Commissioner to the City Council for final determination. The Water Commissioner may increase the basic service rate if higher usage is later evidenced.
Un-metered connection to city water and use due to new construction is allowed for a period of 60 days. Thereafter, a meter shall be installed and the user billed normal rates.
The billing period shall be the interval between meter reading based on a month by month basis but may vary depending on the date of reading of meters. Such period shall not be a period of less than 30 days.
(Ref. 17-542 RS
Neb.) (Amended by Ord. Nos. 456-A,
SECTION 6-111: WATER BILLS
Water bills shall be due upon receipt and payable monthly at the office of the Water Commissioner or his/her agent. The Water Commissioner or his/her agents shall cause the meters to be read sufficiently in advance of the first of each month to enable the Clerk to send out the bills by the first working day of each month. The Water Commissioner or his/her agent shall charge and collect from each customer for the amount of water consumed since the last examination together with any other charges, properly itemized, due to the Water Department. Bills not paid by the 15th day of each month shall be deemed delinquent.
Rental property shall be billed as follows:
A. If the owner has a separate water line and shutoff installed for each rental unit, the record owner may elect to have the lessee billed directly by the City. If said lessee has not paid bill within 15 days of receipt thereof, the City shall forthwith notify the record owner of said nonpayment and that payment must be received within seven days thereof by record owner or lessee, otherwise the City will proceed with collection of the same under the remedies available to it.
B. In the event the record owner does not have a separate water and shutoff for each rental unit, the record owner shall be billed and responsible for payment. The amount shall be one meter size basic service rate, together with regular rate for amounts used.
Upon being deemed to be delinquent as herein defined, the Water Commissioner shall proceed with collection under any or all of the following remedies provided:
Disconnection as provided herein
Lien as provided herein
Institute a collection lawsuit against record owner and/or lessee.
The Water
Commissioner shall
assess an additional fee set by resolution of the Governing Body and on
file at
the office of the City Clerk in the event that water is shut
off for the nonpayment of any water bill, to compensate the City
for the
additional hook-up necessary to again provide water service to the
delinquent
customer. (Ref. 17-542, 18-416 RS Neb.)
(Amended by Ord. Nos. 619,
SECTION 6-112: LIEN
In addition
to all other
remedies, if a customer shall for any reason remain indebted to the
City for
water service furnished, such amount due, together with any rents and
charges
in arrears, shall be considered a delinquent water rent which is hereby
declared to be a lien upon the real estate for which the same was used. The Water Commissioner shall notify in
writing or cause to be notified in writing,
all record
owners of premises or their agents whenever their tenants or lessees
are 30
days or more delinquent in the payment of water rent.
It shall be the duty of the Water
Commissioner to report to the Governing Body a list of all unpaid
accounts due
for water together with a description of the premise upon which the
same was used. The
report shall be examined, and if approved
by the Governing Body,
shall be certified by the City Clerk to the
SECTION 6-113: SINGLE PREMISE
No consumer shall supply water to other families, or allow them to take water from his/her premise, nor after water is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premise for alteration, extension or attachment without the written permission of the Water Commissioner. (Ref. 17-537 RS Neb.)
SECTION 6-114: RESTRICTED USE
The Governing Body or the Water Commissioner may order a reduction in the use of water or shut off the water on any premise in the event of a water shortage due to fire or other good and sufficient cause. The City shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the City has no control, fire or other good and sufficient cause. (Ref. 17-537 RS Neb.)
SECTION 6-115: FIRE HYDRANTS
All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the City Fire Department under the orders of the Fire Chief or the Assistant Fire Chief, or members of the Water Department, to open or attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with the hydrants.
SECTION 6-116: POLLUTION
It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the City Water Department. (Ref. 17-536 RS Neb.)
SECTION 6-117: WATER SERVICE CONTRACTS
Contracts
for water service are
not transferable. Any person wishing to
change from one location to another shall make a new application and
sign a new
contract. If any consumer shall move
from the premises where service is furnished, or if the
said
premise is destroyed by fire or other casualty, he/she shall at
once
inform the Water Commissioner who shall cause the water service to be
shut off
at the said premise. If the consumer
should fail to give such notice, he/she and owner shall
be
charged for all water used on the said premise until the Water
Commissioner is otherwise advised of such circumstances. (Ref.
17-537 RS Neb.) (Amended by Ord.
No. 913,
SECTION 6-118: ENTRY FOR INSPECTION AND REPAIR
The Water
Commissioner or his/her duly authorized agent(s) shall have free access
and
entry at any reasonable time to all parts of each premise and building
to, or
in which, water is delivered for the purposes of examining the pipes,
fixtures
and other portions of the system to ascertain whether there is any
disrepair or
unnecessary waste of water or to make any repairs or adjustments as
necessary.
(Ref. 17-537 RS Neb.) (Amended by Ord.
No. 845,
SECTION 6-119: POLICE REPORTS
It shall be the duty of the City Police to report to the Water Commissioner all cases of leakage and waste in the use of water and all violations of the Municipal Code relating to the Water Department. They shall have the additional duty of enforcing the observance of all such regulations.
SECTION 6-120: DESTRUCTION OF PROPERTY
It shall be unlawful for any person to willfully or carelessly break, injure or deface any building, machinery, apparatus, fixture, attachment, or appurtenance of the City Water Department. No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above mentioned property without the written permission of the Water Commissioner.
SECTION 6-121: DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE
(1) The City shall have the right to discontinue utility services and remove its properties if the charges for such services are not paid within seven days after the date that the charges become delinquent. Before any termination, the City shall first give notice by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days, weekends and holidays excluded, after notice is sent or given. As to any subscriber who has previously been identified as a welfare recipient to the City by the Department of Health and Human Services, such notice shall be certified mail and notice of such proposed termination shall be given to the Department of Health and Human Services.
(2) The notice shall contain the following information:
(a) The reason for the proposed disconnection;
(b) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the City regarding payment of the bill;
(c) The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
(d) The name, address and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;
(e) The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
(f) A statement that the City may not discontinue service pending the conclusion of the conference;
(g) A statement to the effect that the disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate which shall certify that the domestic subscriber or a resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the City's service to that household. Such certificate shall be filed with the City within five days of receiving notice under this section and will prevent the disconnection of the City's service for a period of 30 days from each such filing. Only one postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any past-due account;
(h) The cost that will be borne by the domestic subscriber for restoration of service;
(i) A statement that the domestic subscriber may arrange with the City for an installment payment plan;
(j) A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
(k) Any additional information not inconsistent with this section has received prior approval from the Governing Body.
(3) A domestic subscriber may dispute the proposed discontinuance of service by notifying the City with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the City may discontinue services.
(4) The procedures adopted by the Governing Body for resolving utility bills, three copies of which are on file in the office of the City Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.
(5) This
section shall not apply
to any disconnections or interruptions made necessary by the City for
reasons
of repair or maintenance or to protect the health or safety of the
domestic
subscriber or of the general public. (Ref. 70-1602 et. seq. RS Neb.)
(Amended by Ord. Nos. 688,
SECTION 6-122: DIVERSION OF SERVICES, METER TAMPERING,
UNAUTHORIZED RECONNECTION, PROHIBITED;
EVIDENCE
(1) Any person who connects any pipe or conduit supplying water, without the knowledge and consent of the City, in such manner that any portion thereof may be supplied to any instrument by or at which water may be consumed without passing through the meter provided for measuring or registering the amount or quantity passing through it, and any person who knowingly uses or knowingly permits the use of water obtained in the above mentioned unauthorized ways, shall be deemed guilty of an offense.
(2) Any person who willfully injures, alters, or by any instrument, device or contrivance in any manner interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or quantity of water passing through it without the knowledge and consent of the City, shall be deemed guilty of an offense. Actual diversion of service is not required to be guilty
(3) When water service has been disconnected pursuant to Neb. Rev. Stat. 70-1601 to 70-1615 RS Neb., or Section 6-121 of this Code, any person who reconnects such service without the knowledge and consent of the City shall be deemed guilty of an offense.
(4) Proof
of the existence of any
pipe or conduit connection or reconnection or of any injury, alteration
or
obstruction of a meter, as provided in this section, shall be taken as
prima
facie evidence of the guilt of the person in possession of the premises
where
such connection, reconnection, injury, alteration, or obstruction is proved to exist. (Ref. 86-329 through 86-331 RS Neb.)
(Ord. No. 1023,
SECTION 6-123: RECONNECTION FEE
In the
event a user of city water
has had service disconnected, there shall be a fee of $25.00 for
reconnection
of said service if done during working hours and there shall be a fee
of $50.00
for reconnection of said service if done outside of regular working
hours. (Ord.
No. 617,
SECTION 6-125: WATER LEAKS
Because the
customer is
responsible for proper care and maintenance of the water meter and all
water
lines on his/her premises, no adjustments shall be made to any
customer's water
bill due to water leaks which occur. In the event the Water Commissioner
determines the water from the leak did not enter the City's sanitary
sewer
system, an adjustment may be made in the
customer's
sewer bill as set out in the Sewer Department Ordinances. (Ord.
No. 768,
SECTION 6-126: BACKFLOW REGULATIONS; PURPOSE
A. To protect the public potable water supply served by the O'Neill Water Department from the possibility of contamination or pollution by isolation, within its customers’ internal distribution system, such contaminants or pollutants which should backflow or back-siphon into the public water system.
B. To promote the elimination or control of existing cross-connections, actual or potential, between its customers in-plant potable water system and nonpotable system.
C. To provide for the maintenance of a continuing program of cross-connections control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
SECTION 6-127: BACKFLOW REGULATIONS; AUTHORITY
A. The Federal Safe Drinking Water Act of 1974, and the statutes of the State of Nebraska Chapter 71 the water purveyor has primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.
B. O'Neill Water Department, Rules and regulations, adopted.
SECTION 6-128: BACKFLOW REGULATIONS; RESPONSIBILITY
The Director of Municipal Services shall be responsible for the protection of public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, in the judgment of the Director of Municipal Services, an approved backflow device is required at the City's water service connection to any premises, the Director or his/her delegated agent shall give notice in writing to the owner thereof to install an approved backflow prevention device at each service connection to his/her premises. The owner shall within 90 days install such approved device or devices at his/her own expense, and failure or refusal, or inability on the part of the owner to install such device or devices within 90 days shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
SECTION 6-129: BACKFLOW REGULATIONS; DEFINITIONS
A. Approved. Accepted by the Utility Superintendent as meeting an applicable specification stated or cited in the regulation, or as suitable for the proposed use.
B. Auxiliary Water Supply. Any water supply, on or available, to the premise other than the purveyor's approved public potable water supply.
C. Backflow. The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water systems from any source other than its intended source.
D. Backflow Preventer. A device or means designed to prevent backflow or back-siphonage. Most commonly categorized as air gap, reduced pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, double check with intermediate atmospheric vent, and barometric loop.
D. 1 Air Gap. A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch (1").
D. 2 Atmospheric Vacuum Breaker. A device which prevents back-siphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system, to be used only if equipped with downstream valves.
D.
3 Barometric
D. 4 Double Check Valve Assemble. An assembly of two independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. A strainer must be placed immediately upstream of this device.
D. 5 Double Check Valve with Intermediate Atmospheric Vent. A device having two spring loaded check valves separated by an atmospheric vent chamber. A strainer must be placed immediately upstream of the device.
D. 6 Hose Bibb Vacuum Breaker. A device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker. A strainer must be placed immediately upstream of the service.
D. 7 Pressure Vacuum Breaker. A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s). A strainer must be placed immediately upstream the device.
D. 8 Reduced Pressure Principle Backflow Preventer. An assembly consisting of two independently operating approved check valves and an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side on the check valves plus properly located test cocks for the testing of the check valves and the relief valve. A strainer must be placed immediately upstream of the device.
E. Backpressure. A condition in which the owner's system pressure is greater than the supplier's system pressure.
F. Backsiphonage. The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
G.
Commission. The State of
H. Containment. A method of backflow prevention which requires a backflow prevention preventer at the water service entrance.
I. Contaminant. A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
J. Cross-connection. Any actual or potential connection between the public water supply and a source of contamination or pollution.
K.
Department. City of
L. Fixture Isolation. A method of backflow prevention in which a backflow preventer is located to correct a cross-connection at an inplant location rather than at a water service entrance.
M. Owner. Any person who has legal title to a property upon which a cross-connection is present.
N. Person. Any individual, partnership, company, public or private corporation, political subdivision or agency of the State Department, agency or instrumentality or the United States or any legal entity.
O. Permit. A document issued by the Department which allows the use of a backflow preventer.
P. Pollutant. A foreign substance that, if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does adversely and unreasonably affect such water for domestic use.
Q. Water Service Entrance. That point in the owner's water system beyond the sanitary control of the District; generally considered to be outlet end of the water meter and always before any unprotected branch.
R. Utility Superintendent. The Superintendent, or his/her elected representative in charge of the O'Neill Water Department, is invested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of the ordinance.
SECTION 6-130: BACKFLOW REGULATIONS; ADMINISTRATION
A. The Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the Commission's Cross-connection Regulations and is approved by the Commission.
B. The owner shall allow his/her property to be inspected for possible cross-connections and shall allow the provisions of the Department's program and the Commission's Regulations if a cross-connection is permitted.
C. If the Department requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose.
He/she may utilize public health officials, or personnel from the Department or their delegated representatives, to assist him/her in the survey of his/her facilities and to assist him/her in the selection of proper fixture outlet devices, and the proper installation of these devices.
SECTION 6-131: BACKFLOW REGULATIONS; REQUIREMENTS
A. Department
1. On new installations, the Department will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, will issue permit, and perform inspection and testing.
2. For premises existing prior to the start of this program, the Department will:
a. Provide owner with an evaluation form of the present installation.
b. Inform the owner of its intentions of the evaluation and inspection in advance of the inspection, and will work with the owner in setting up a convenient time. The Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and time allowed for the correction to be made. Ordinarily, 90 days will be allowed; however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
3. The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation and is approved by and in compliance with the American Water Works Association.
4. The Department shall inform the owner by letter of any failure to comply by the time of the first re-inspection. The Department will allow an additional 15 days for the correction. In the event that the owner fails to comply with the necessary correction by the time of the second re-inspection, the Department will inform the owner by letter that the water service to the owner's premises will be terminated in a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department but in no case will exceed an additional 30 days.
5. If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
6. The Department shall have on file a list of private contractors who are certified backflow device testers. All charges for these tests will be paid by the owner of the building or property.
7. The Department will begin initial premise inspections to determine the nature of existing or potential hazards, following the approval of this program by the Commission, during the calendar year 1990. Initial focus will be on high hazard industries and commercial premises.
B. Owner
1. The evaluation shall be completed by the record owner of the real estate and returned to the City within 10 days of the receipt by owner. If a form is not satisfactorily completed and returned as set forth, the installation shall be deemed a high hazard/serious threat and subject to disconnection.
2. The owner shall be responsible for the elimination or protection of all cross-connection on his/her premises.
3. The owner, after having been informed by a letter from the Department, shall at his/her expense, install, maintain, and test, or have tested, any and all backflow preventers on his/her premises.
4. The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
5. The owner shall inform the Department of any proposed or modified cross-connection and also any existing cross-connections or which the owner is aware but has not been found by the Department.
6. The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
7. The owner shall install backflow preventers in a manner approved by the Department.
8. The owner shall install only backflow preventers approved by the Department.
9. Any owner having a private well or other water source must have a permit if the well or source is cross-connected to the Department's system. Permission to cross connect may be denied by the Department. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross connected to the Department's system.
10. In the event owner installs plumbing to provide potable water for domestic purposes which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
11. The owner shall be responsible for the payment of all fees for permits, annual or semiannual device testing, re-testing in the case that the device fails to operate correctly, and second re-inspections for noncompliance with Departments or Commission requirements.
SECTION 6-132: BACKFLOW REGULATIONS; DEGREE OF HAZARD
The Department recognizes the threat to the public water system arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices or double check valves.
SECTION 6-133: BACKFLOW REGULATIONS; PERMITS
The Department shall not permit cross-connection within the public water supply system unless it is considered necessary and it cannot be eliminated.
A. Cross-connection permits that are required for each backflow prevention device are obtained from the Department. A fee of $10.00 will be charged for the initial permit and $5.00 for the renewal of each permit.
B. Permits shall be renewed every five years and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service.
C. A permit is not required when fixture isolation is achieved with the utilization of a non-testable backflow preventer.
SECTION 6-134: BACKFLOW REGULATIONS; EXISTING IN-USE BACKFLOW
PREVENTION DEVICES
Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow device was present.
SECTION 6-135: BACKFLOW REGULATIONS; PERIODIC TESTING
A. Reduced pressure principle backflow devices shall be tested and inspected at least semiannually.
B. Periodic testing shall be performed by the Department's certified tester or his/her delegated representative. This testing will be done at the owner's expense.
C. The testing shall be conducted during the Department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the Department.
D. Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair, device will be re-tested at owner's expense to insure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
SECTION 6-136: BACKFLOW REGULATIONS; RECORDS AND REPORTS
A. Records. The Department will initiate and maintain the following:
1. Master files on customer cross-connection tests and/or inspections.
2. Master files on cross-connection permits.
3. Copies of permits and permit applications.
4. Copies of lists and summaries supplies to the Commission.
B. Reports. The Department will submit the following to the Commission:
1. Initial listing of low hazard cross-connections to the State.
2. Initial listing of high hazard cross-connections to the State.
3. Annual update lists of items 1 and 2 above.
4. Annual summary of cross-connection inspections to the State.
SECTION 6-137: BACKFLOW REGULATIONS; FEES AND CHARGES
The Department will publish a list of fees and charges for the following services or permits:
1. Testing fees.
2. Repairs, parts and labor.
3. Re-testing fees.
4. Fee for re-inspection.
5. Copies of lists and summaries supplies to the Commission.
SECTION 6-138: BACKFLOW REGULATIONS; BACKFLOW PREVENTER
Effective the date of the original acceptance of this Cross-connection Control Program for the City of O'Neill all new residential buildings will be required to install a residential backflow prevention device immediately downstream of the water meter. Installation of this device on a retrofit basis on existing service line will be instituted at a time and at a potential cost to the homeowner as deemed necessary by the Department. The Department recommends all existing residential buildings install a backflow prevention device. In order to increase the installation of the devices in existing residences, the installation will be required at the time of transfer of ownership of any residential property that does not have such check devices at the time of transfer.
The City is not liable for any failure that occurs in the existing system after a backflow prevention device has been installed.
SECTION 6-139: BACKFLOW REGULATIONS; STRAINERS
All new retrofit installations of reduced pressure principle devices and double check valve backflow preventers must include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may "stir up" debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
(Ord.
No. 798,
SECTION 6-140: CITY WELLS; SAFE ZONE
A safe zone
shall
be established around each of the City's public wells following
the
guidelines set by the State of Nebraska Department of Health. No changes will be allowed
in the area surrounding any public wells of the City of
No private well within 1,000 feet
No corral or feedlot within 500 feet
No septic tank, cesspool, or other waste disposal facility within 500 feet
No sewer manhole or sewer connection within 100 feet
No sewer line within 50 feet
(Ord.
No. 831,
SECTION 6-141: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
Any pipe, solders or flux used in the installation or repair of any residential or non-residential facility which is connected to the public water supply system shall be lead free.
For purposes of this Section, lead free shall mean:
1) Solders and flux - not more than two-tenths (.2%) percent lead, and
2) Pipe and pipe fittings - not more than eight (8%) percent lead.
(Ref. 71-5301 RS
Neb.) (Ord. No. 761,
(Article
Amended by Ord. No. 1235,
ARTICLE II - SEWER DEPARTMENT
SECTION 6-201: OPERATION AND FUNDING
The City owns and operates the City Sewer Department through the Sewer Commissioner. For the purposes of defraying the cost of the maintenance and repair of any sewer or water utilities in the City, the Governing Body may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the tax shall be known as the Sewer Fund and shall remain in the custody of the City Treasurer.
The Sewer
Commissioner shall have
the direct management and control of the City Sewer Department, shall
faithfully carry out the duties of his/her office. The Sewer
Commissioner shall
have the authority to adopt rules and regulations for the sanitary and
efficient management of the Department subject to the supervision and
review of
the Governing Body. The Governing Body
shall set the rates to be charged for
services
rendered by ordinance and shall file a copy of the rates in the office
of the
City Clerk for public inspection at any reasonable time.
(Ref. 17-149, 17-925.01 R.S. Neb., Ord.
No. 1099,
SECTION 6-202: SEWER CONNECTION PERMIT AND INSTALLATION REQUIREMENTS
Persons within the corporate limits of the City where any part of their property is less than 200 feet from a city sewer line shall connect all toilets,urinals, sinks, lavatories, laundry tubs, bathtubs, and fixtures of whatever kind and character in or on such property from which water is wasted with the sewer at the time of: a. New Construction, b. When a property is using a private septic system and ownership is transferred by sale thereof; or c. When a property is using a private septic system which needs to be replaced.
All such persons shall make such connections within 30 days after the service of notice as herein provided.
The notice may be served by delivering the same personally to the owner, or by registered mail addressed to such owner at his/her office or place of residence, or by publication in a paper published and of general circulation in the City.
It shall be
unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility
intended or used for the disposal of sewage within the City limits on a
property, any part of which is within 200 feet of where a sewer line
exists. . (Ord.
No. 540,
SECTION 6-203: CONNECTION PERMIT REQUIRED; INSTALLATION
REQUIREMENTS
No 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 Sewer Commissioner.
The owner or his/her agent shall make application for connection on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Sewer Commissioner. A permit, inspection and tapping fee shall be paid to the City at the time the building permit or application is filed, as set by resolution.
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner may obtain a tapping saddle from the City at a fair cost determined by the City. 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.
The City shall repair or replace, as the case may be, all pipe constituting major sewer mains, unless damaged by the owner, in which case it shall then be at the owner’s cost. It shall be the responsibility of the owner to repair or replace all other sewer pipe and appurtenances from the main to and including the owner's property. All replacements and repairs made by the owner shall be done in the manner and with the materials approved by the Sewer Commissioner; provided that the same have been previously approved by the City.
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 public sewer is available or can be constructed to the rear building through an adjoining alley, court yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Sewer Commissioner, to meet all requirements of this Article.
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. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
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.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the International Plumbing Code and International Sewer Disposal Code. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Sewer Commissioner before installation.
In the event a building does not have a basement, the owner shall use and install a manufactured meter pit for connections to the City sewer system.
In making excavations in streets, alleys or sidewalks for the purpose of installing pipe or making repairs, the paving and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes are laid, the streets, alleys and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of 24 hours or more, the Water Commissioner shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the owner. All installations or repairs of pipes require two inspections by the Sewer Commissioner as follows:
First – When connections or repairs are completed and before the pipes are covered.
Second - After the dirt work is completed and the service is restored.
It is the
owner's responsibility to notify the Commissioner at the time the work
is ready
for each inspection. All
installation shall be done under the supervision and strictly in
accordance
with the rules, regulations and specifications prescribed by the Sewer Commissioner and reviewed and approved by the
Governing
Body. (Ord.
No. 540,
SECTION 6-204: CUSTOMER DEPOSIT
(A) All new customers (except customers served by the City within the past 12 months and who established satisfactory payment records for the previous service) shall be required to make a deposit with the City as follows:
Water Meter Size Combined Deposit
1.0” or less $ 50.00
1.25” 62.50
1.5” 75.00
1.75” 87.50
2.0” 100.00
2.25” 112.50
2.5” 125.00
2.75” 137.50
3.0” 150.00
4.0” 200.00
6.0” 300.00
This deposit amount is one amount for water, sewer and/or garbage or any combination of the three.
(B) Each deposit shall be refunded when the customer has established a satisfactory payment record for a period of 12 consecutive months and has not been served with more than two disconnect notices during such period of time. When supported by facts the Mayor may determine the deposit shall be held for a longer period to assure a satisfactory payment record.
(C) The City may offset any customer's deposit at any time during which the customer's account is delinquent. Such deposit may also be used to offset any payment due on any other account of the customer, payment for damages due from the customer, or payment of a judgment obtained by the City of O’Neill for any reason either against the property owner or customer, if a different person.
(D) City may use any
means available to it by
law for collection of a customer's delinquent account in addition to
use of
their deposit. (Amended by Ord. Nos. 843,
SECTION 6-205: RATES
A.
The sewer rates beginning
User on City Water System
Basic Service Rate
Water Meter Size Basic Service Rate
1.0” or less $ 8.00
1.25” 10.00
1.5” 12.00
1.75” 14.00
2.0” 16.00
2.25” 18.00
2.5” 20.00
2.75” 22.00
3.0” 24.00
4.0” 32.00
6.0” 48.00
Plus volume charge for sewer use (based on water usage):
Residential $ 1.60 per 1,000 gallons
Commercial 2.20 per 1,000 gallons
Industrial Surcharge BOD $ 0.14 per pound
Suspended Solids 0.1280 per pound
If a user
has received a
reduction in water basic service rate pursuant to §6-110, the
corresponding
reduction shall be made in the Sewer Basic Service Rate.
Residential
No water meter $20.00 per month
Metered water same sewer rate for residential users on the city water system
Commercial
No water meter $26.50 per month
Metered water same sewer rate for commercial users on the city water system
B. All new construction where the user will not be on the city water system shall be required to install a water or wastewater meter acceptable to the City. In the event a user not on the city water system replaces the private well servicing the premises, a water or wastewater meter acceptable to the City shall be installed at user's expense..
C. Monthly sewer charges for metered users will be based on water usage during January. If a residential contributor has not established a winter water use, his/her user charge shall be based on 6,000 gallons.
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 consumption use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the City; except a mobile home park without individual home meters, the monthly sewer charge will be based on average water usage during January.
D. Any user which discharges any toxic pollutants or substances which cause an identifiable increase in the cost of operation, maintenance or replacement of the treatment works shall pay for such increased costs. The charges to each such user shall be determined by the Sewer Commissioner and approved by the City Council.
E. The user charge rates established in this Article apply to all users, regardless of their location, and shall be paid for the City's treatment works.
F. Any and all funds received as sewer charges shall be divided as follows:
Operation, Maintenance and Replacement Account (OM & R) 75%
Debt Retirement Account 25%
(Ord.
No. 540,
SECTION 6-207: COLLECTION OF SEWER CHARGES
All sewer users shall be billed monthly. The bills are due upon receipt and payable monthly at the office of the Sewer Commissioner or his/her agent. Bills not paid by the 15th day of each month shall be deemed to be delinquent.
Upon being deemed to be delinquent as herein defined, the Sewer Commissioner shall proceed with collection under any or all of the following remedies provided:
Disconnection as provided herein;
Lien as provided herein;
Institute a collection lawsuit against owner and/or lessee.
The Sewer
Commissioner shall
assess an additional fee set by resolution of the Governing Body and on
file at
the office of the City Clerk in the event that sewer is shut off for
the
nonpayment of any sewer bill, to compensate the City for additional
hook-up
necessary to again provide sewer service to the delinquent customer. (Ref. 17-542, 18-416 RS Neb.) (Ord.
No. 540,
SECTION 6-208: DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE
The City shall have the right to discontinue services and remove its properties if the charges for such services become delinquent pursuant to the delinquency provision heretofore set forth in this Chapter. Before any termination, the Sewer Commissioner shall first give notice by first class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days. As to any subscriber who has previously been identified as a welfare recipient to the Department by the County Welfare Department, such notice shall be by certified mail and notice of such proposed termination shall be given to the County Welfare Department.
The notice shall contain the following information:
1. The reason for the proposed disconnection;
2. A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the Department;
3. The date upon which service shall be disconnected if the domestic subscriber does not take appropriate action;
4. The name, address and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;
5. The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
6. A statement that the Department may not disconnect service pending the conclusion of the conference;
7. A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate which shall certify that the domestic subscriber or resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. Such certificate shall be filed with the Department within five days of receiving notice under this section and will prevent the disconnection of the Department's service for a period of 30 days from such filing. Only one postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any due account;
8. The cost that will be borne by the domestic subscriber for restoration of service;
9. A statement that the domestic subscriber may arrange with the Department for an installment payment plan;
10. A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
11. Any additional information not inconsistent with this section which has
received prior approval from the Governing Body.
A domestic subscriber may dispute the proposed discontinuance of service by notifying the utility with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the utility may discontinue services.
The procedures adopted by the Governing Body for resolving utility bills, three copies of which are on file in the office of the City Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part hereof as though set out in full.
This
section shall not apply to
any disconnections or interruptions of services made necessary by the
utility
for reasons of repair or maintenance or to protect the health or safety
of the
domestic subscriber or of the general public.
(Ref. 19-2701 et seq. RS Neb.) (Ord.
No. 525,
SECTION 6-209: LIEN
In addition
to all other
remedies, if a customer shall for any reason remain indebted to the
City for
sewer service furnished, such amount due, together with any rents and
charges
in arrears, shall be considered a delinquent sewer rent which is hereby
declared to be a lien upon the real estate for which the same was used. The Sewer Commissioner shall notify in
writing,
or cause to be notified in writing, all
owners of
premises or their agents whenever their tenants or lessees are 30 days
or more
delinquent in the payment of sewer rent.
It shall be the duty of the Sewer Commissioner to report to the
Governing Body a list of all unpaid accounts due for sewer together
with a
description of the premise upon which the same was
used. The report shall be
examined, and if approved by the Governing Body, shall be
certified by
the City Clerk to the
SECTION 6-210: CUSTOMER CHARGES
It will be
the responsibility of
the Sewer Commissioner to maintain and keep records of whom has made
service
calls and determine whether it is the City's or the customer's problem,
so as
to determine whether or not the charge should be assessed.
It is also the Commissioner's responsibility
to see that the customer has been billed if
a fee has
been required under these regulations. (Ord. No. 1042,
SECTION 6-211: USE OF REVENUE
The user charge system shall generate adequate 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. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this Article.
A. That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 6-205 shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:
1. An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
2. An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made from the operation, maintenance and replacement revenue in the amount of $25,600.00 annually.
B. Fiscal year-end balances in the operation and maintenance account and the replacement account 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. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
(Ord.
No. 540,
SECTION 6-212: REVIEW OF RATES
The City will
review the user charge rate at least every two years, and revise such
rates as
necessary to ensure that the system generates sufficient revenue to pay
the
costs of operation and the 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. (Ord. No.
540,
SECTION 6-213: 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. (Ord. No. 540,
SECTION 6-214: DEFINITIONS
Unless the context specifically indicates otherwise, the meanings of terms used herein shall be as follows:
A. "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 days at 20° degrees C. expressed in milligrams per liter.
B. "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.
C. "Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.
D. "City"
shall mean the City of
E. "City
Engineer" shall mean the City Engineer of the City of
F. "Combined sewer" shall mean a public sewer receiving both surface run-off and sewage.
G. "Commercial or industrial contributor or user" shall mean any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for any purpose other than domestic dwelling purposes. Any contributor whose lot, parcel of real estate or building is used jointly for domestic dwelling purposes and for commercial purposes shall be considered a commercial contributor. Industrial contributors may also be subject to the provisions of the City's Industrial Cost Recovery Ordinance No. 541.
H. “Consumer”
shall mean user, lessee, customer, person and subscriber and shall be
any
individual, partnership, company, public or private corporation,
political
subdivision or agency of the State Department, agency or
instrumentality of the
J. "Industrial wastes" shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from normal domestic wastewater.
K. "Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
L. "Owner" shall mean any person who, alone or jointly, or severally with others, has legal title to or charge, care or control of in any capacity of property.
M. "Person" shall mean any individual, firm, company, association, society, corporation or group.
N. "pH' shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
O. "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 (½") inch (1.27 centimeters) in any dimension.
P. "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.
Q. "Public sewer" shall mean a sewer which is controlled by public authority.
R. "Residence” shall mean property, or that portion of property, used exclusively as a dwelling or living quarters by one or more persons.
S. "Sanitary sewer" shall mean a public sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
T. "Sewage" shall mean a combination of the water-carried wastes from property, together with such ground, surface and storm waters as may be present.
U. "Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.
V. "Sewage works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.
W. "Sewer" shall mean a pipe or conduit for carrying sewage.
X. "Shall" is mandatory; "may" is permissive.
Y. "Slug" shall mean any discharge of water, sewage or industrial waste, which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration of flows during normal operation.
Z. "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.
ZZ. "Suspended solids" (SS) shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
AA. "Hearing Board" shall mean that Board appointed according to provisions of Section 6-229 of this Article.
BB. "Normal domestic wastewater" shall mean wastewater that has a BOD concentration of not more than 290 mg/l and a suspended solids concentration of not more than 340 mg/l.
CC. "Operation 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.
DD. "Replacement" shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment facility.
EE. "Residential contributor or user" 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.
FF. "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 that will be an integral part of the treatment process or is 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 wastewater 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.
GG. "Useful life" shall mean the estimated period during which a treatment works will be operated.
HH. "User charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
II. "Sewer
Commissioner" shall mean the Sewer
Commissioner of the City of
JJ. "Water meter" shall mean a water volume measuring and recording device, furnished and/or installed by a user and approved by the City.
(Ord.
No. 540,
SECTION 6-215: DISCHARGE OF UNTREATED SEWAGE; UNLAWFUL
It shall be
unlawful to discharge
to any natural outlet within the City or within two 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 Article. (Ord. No. 540,
SECTION 6-216: DISCHARGE OF STORM WATER AND OTHER
UNPOLLUTED WATERS
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 or the Sewer Commissioner.
Industrial cooling water or unpolluted
process waters shall be discharged, at the
request of
the City Engineer or the Sewer Commissioner, to a storm sewer or
natural
outlet. (Ord.
No. 540,
SECTION 6-217: 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, exterior or interior foundation drainage or subsurface drainage to any sanitary sewer. Uncontaminated cooling water or heating water and unpolluted industrial process waters may be discharged to a sanitary sewer only if expressly authorized by the Sewer Commissioner.
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 cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer.
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 5-day biochemical oxygen demand greater than 290 parts per million by weight, or
2. Containing more than 340 parts per million by weight of suspended solids, or
3. Having an average daily flow greater than 2% of the average sewage flow of the City,
shall be subject to the review of the Sewer Commissioner.
Where necessary in the opinion of the Sewer Commissioner, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:
1. Reduce the biochemical oxygen demand to 290 parts per million by weight, or
2. Reduce the suspended solids to 340 parts per million by weight, or
3. Control the quantities and rates of discharge of such water or wastes.
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Sewer Commissioner and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(Ord.
No. 540,
SECTION 6-218: DISCHARGES INTO PUBLIC SEWERS; TYPES PERMITTED
AT DISCRETION OF SEWER COMMISSIONER
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 Sewer Commissioner 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/her opinion as to the acceptability of these wastes, the Sewer Commissioner 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 sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:
A. Any liquid or vapor having a temperature higher 150° Fahrenheit or 65° Centigrade.
B. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° Fahrenheit and 150° Fahrenheit or 0° and 65° 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 (0.76 hp metric) or greater shall be subject to the review and approval of the Sewer Commissioner.
D. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions.
E. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the treatment works exceeds the limits established by the Sewer Commissioner 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 Sewer Commissioner 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 Sewer Commissioner 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 lot limited to, Fullers 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 of the sewage treatment works.
4. Unusual volume of flow or concentration of wastes constituting slugs.
J. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to receiving waters.
(Ord.
No. 540,
SECTION 6-219: PROHIBITED DISCHARGES; NATURE OF; SEWER
COMMISSIONER'S DISCRETION WITH RESPECT TO
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 6-218 and which in the judgment of the Sewer Commissioner may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Sewer Commissioner may:
A. Reject the wastes,
B. Require pretreatment to an acceptable condition for discharge to the public sewers,
C. Require control over the quantities and rates of discharge, and/or
D. 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.
If the
Sewer Commissioner 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
Sewer Commissioner, and subject to the requirements of all applicable
codes,
ordinances and laws. (Ord. No. 540,
SECTION 6-220: GREASE, OIL AND SAND INTERCEPTORS; WHEN
REQUIRED
Grease, oil
and sand interceptors
shall be provided by the owner of a property when, in the opinion of
the Sewer
Commissioner, 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 Sewer Commissioner and shall be
located
as to be readily and easily accessible for cleaning and inspection. (Ord. No.
540,
SECTION 6-221: PRELIMINARY TREATMENT OR FLOW-EQUALIZING
FACILITIES; MAINTENANCE BY OWNER
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/her expense.
(Ord. No.
540,
SECTION 6-222: SAMPLING STATIONS; WHEN 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 or the Sewer Commissioner, 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 or the Sewer
Commissioner. The sampling station
or
stations shall be installed by the owner at his/her expense, and shall
be
maintained by him/her so as to be safe and
accessible
at all times. The sampling equipment
will be furnished and maintained by the City. (Ord. No.
540,
SECTION 6-223: SAMPLING OF WATERS AND WASTES; METHOD OF
All
measurements, tests and analyses of the characteristics of waters and
wastes to
which reference is made in this Chapter 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. One copy of the latest edition of said volume shall be
kept on file
in the office of the City Clerk of the City for use and examination by
the
public. In the event 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 effort 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 24 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 24 hour
composites
of all outfalls, whereas pH's are determined from periodic grab
samples.) (Ord. No.
540,
SECTION 6-224: 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 therefore by the owner. (Ord. No.
540,
SECTION 6-225: UNAUTHORIZED ENTRY OR UNAUTHORIZED DAMAGING
OF EQUIPMENT; UNLAWFUL
Entrance
into a manhole or
opening for any purpose except by authorized persons is
hereby prohibited. No person
shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure,
appurtenance or
equipment which is part of the sewage works.
Any person violating this provision shall be subject to
immediate arrest
and may be prosecuted to the full extent of
the law. (Ord. No. 540,
SECTION 6-226: RIGHT OF ENTRY; AUTHORITY OF CITY ENGINEER AND
SEWER COMMISSIONER
The City Engineer and the Sewer Commissioner 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 O'Neill 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/she shall first present proper credentials to the occupant and request entry, explaining his/her reasons therefore, and
2. If such property be unoccupied, he/she shall first make a reasonable effort to locate the owner of such property and request entry, explaining his/her reasons therefore.
If such entry is refused or cannot be obtained because of the owner of such property cannot be found after due diligence, the City Engineer or the Sewer Commissioner shall have recourse to every remedy provided by law to secure lawful entry for the above stated purposes.
Notwithstanding the foregoing, if the City Engineer or the Sewer Commissioner has reasonable cause to believe that waters or wastes of the types referred to in Sections 6-217 and 6-218 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/she 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 is occupied, he/she shall first present the proper credentials to the occupant and demand entry, explaining his/her reasons therefore and the purpose of his/her inspection. No person shall fail or refuse, after proper demand has been made upon him/her as provided in this paragraph, to promptly permit the City Engineer or the Sewer Commissioner to make any inspection provided for by this paragraph. Any person violating this paragraph shall be guilty of a misdemeanor.
The City Engineer and the Sewer Commissioner shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries, nor shall he/she have the right to enter into areas where methods and/or processes area 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.
While
performing the necessary
work on the property referred to in this section, the City Engineer and
the
Sewer Commissioner shall observe all applicable safety rules
established by the
owner of the property. (Ord. No.
540,
SECTION 6-227: PRIVATE SEWAGE DISPOSAL SYSTEMS
Where a public sanitary or combined sewer is not available under the provisions of Section 6-202, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.
Before the commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Sewer Commissioner. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the Sewer Commissioner. A permit and inspection fee of $10.00 shall be paid to the City at the time the application is filed.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Sewer Commissioner. He/she shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Sewer Commissioner when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Sewer Commissioner.
The type, capacities, location, and layout of a private sewage disposal system shall comply with the Nebraska Department of Environmental Quality’s Title 124 Rules and Regulations for the Design, Operation and Maintenance of Septic Tank Systems. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lost is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this Article, and any septic tank, cesspools and similar private sewage disposal facilities shall be abandoned in accordance with the Nebraska Department of Environmental Quality’s Title 124 Rules and Regulations for the Design, Operation and Maintenance of Septic Tank Systems, at the expense of the owner.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by state or federal Law.
When a
public sewer becomes
available, the building sewer shall be connected to said
sewer within 60 days. (Ord. No.
540,
SECTION 6-228: SEWER COMMISSIONER RELIEVED FROM PERSONAL
LIABILITY
The City
shall hold harmless the
Sewer Commissioner, 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 Sewer Commissioner in the discharge of his/her duties. Any suit brought against the City or the
Sewer Commissioner 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. (Ord. No.
540,
SECTION 6-229: HEARING BOARD
The Mayor of the City shall appoint a Hearing Board to arbitrate differences between the City Engineer and/or Sewer Commissioner and any person aggrieved by any decision of the City Engineer and/or Sewer Commissioner concerning the interpretation and execution of any provision of this Article. Such Board shall be appointed within five days after request therefore, setting forth the specific matter in dispute, has been filed with the Mayor by such person. All costs of arbitration shall be divided equally between the City and the person requesting the Board. The rate or amount of pay to be received by the Board members shall be determined by the Mayor before the Board convenes.
All Hearing Boards shall be appointed ad hoc, but in selecting a given Hearing Board the Mayor may appoint one or more members of any such prior-appointed Board. The Mayor may consult with the City Engineer, the Sewer Commissioner, and with the person requesting the Board concerning the appointment of Board members, but he/she shall make a reasonable effort not to appoint anyone who is employed by, retained by, or otherwise subject to control or influence of the City Engineer, the Sewer Commissioner, the person requesting the Board, or the City. The Mayor's decisions as to choice of Board members shall be final.
Each Hearing Board shall convene within ten days after it is appointed and elect its chairman and such other officers as it desires from among its members, and shall establish its own rules of procedure, provided that three members shall constitute a quorum for the transaction of business and three affirmative votes shall be required for final action on any matter acted upon by the Board. The Board shall make specific findings and conclusions based upon the testimony and evidence properly presented to it, and shall render its decision based upon such findings and conclusions within 30 days after the date the Board convenes, and at the end of such period of time the Board shall automatically cease to exist. Such decision shall be in full resolution of the said dispute. Neither the Hearing Board nor any member thereof shall in any way be liable to the City or to any person whomsoever for any such decision rendered by it. The decision of the Board shall be binding upon the City and upon the person requesting the Board and its decision may be appealed by either or both parties to the District Court of Holt County, Nebraska.
Nothing
contained in this Article
shall be construed to preclude any person
aggrieved by
any decision of the City Engineer or the Sewer Commissioner concerning
the
interpretation and execution of any provision of this Article from
appealing
such decision to the District Court of Holt County, Nebraska. (Ord. No.
540,
SECTION 6-230: PENALTIES
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 $500.00 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; provided, however, that any such 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 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/she shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as above provided.
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 or the Sewer Commissioner may revoke any permit issued under the provisions of this Article, and may effect the discontinuation of both such services, to the owner of the property. The City Engineer or the Sewer Commissioner may also institute injunction or other appropriate action or proceeding. However, with the exception of repeated nonaccidental discharges to the public sewer of waters or wastes of the types referred to in subsections 6-218 A - J, the City Engineer or the Sewer Commissioner shall give the owner at least 15 days written notice before revoking such permit or discontinuing water or sewer service; except, if within said 15 day period such owner requests a hearing before the hearing board as hereinafter provided, the City Engineer or the Sewer Commissioner shall not revoke such permit nor discontinue such water or sewer service unless authorized by said board or by a court of competent jurisdiction upon appeal from said board.
Any person who accidentally discharges into a public sewer any waters or wastes of the types referred to in Section 6-217 of this Article shall immediately notify the Sewer Commissioner by the quickest means available, supplying him/her with all information pertaining to such discharge as the Sewer Commissioner may request to enable the Sewer Commissioner 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 Sewer Commissioner as aforesaid.
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.
(Ord. No.
540,
(Amended Ord.
No. 1235,
ARTICLE IV - MUNICIPAL LANDFILL
SECTION 6-401: OPERATION AND FUNDING
The City
owns and operates the
municipal landfill. The Governing Body, for the purpose of defraying the cost of the
care,
management and maintenance of the municipal landfill, may each year
levy a tax
not to exceed the maximum limit prescribed by State law on the actual
valuation
of all real estate and personal property within the corporate limits
that is
subject to taxation. The revenue from the said tax shall
be
placed in the General Fund and shall remain in the custody of
the City
Clerk/Treasurer. Monies
so levied and collected will be set aside by the Governing Body in the
city
budget for operation and maintenance of the landfill and this
will be
known as the Landfill Budget. All
monies collected to pay for garbage collection, which will be privately
contracted
curbside collection of garbage as set forth in Section 6-508 through
6-511 of
the O'Neill Municipal Code, will also be placed
in the
Landfill budget. The Groundskeeper shall
have the authority to adopt rules and regulations for the sanitary and
efficient
management of the landfill, subject to the supervision and review of
the
Governing Body. The Governing Body shall provide by ordinance for the
management and operation of the landfill and shall set the rates to be charged for services rendered by ordinance and
file the
same in the office of the City Clerk/Treasurer for public inspection at
any
reasonable time. (Ref. 19-2101 through 19-2106 RS
Neb.)
(Amended by Ord. Nos. 765,
SECTION 6-402: STATE REGULATION
In the
event it is necessary, the
City shall apply for any applicable licenses or approvals needed to
operate
solid waste disposal. Application shall be made
to the
Department of Environmental Control on forms provided by the
Department. The
landfill of the City of
SECTION 6-403: HOURS OF OPERATION
Hours of
operation of the
landfill shall be recommended jointly by the
landfill
operator and the Mayor and presented to the City Council for approval. The hours shall be adopted
by a majority of the council.
Operation hours shall be posted continuously at the City Clerk's
Office
and at the landfill site and changes in
hours shall be
published in a legal newspaper of the City. (Amended by Ord.
Nos. 765,
SECTION 6-404: REGULATIONS
The following regulations shall be in effect for the landfill:
A. The landfill shall be open to the dumping of tree limbs and branches, grass clippings, leaves, garden refuse and clean concrete.
B. The landfill is closed to all dumping of trash, refuse, garbage, paper, cardboard, glass, metal (including appliances), lumber, mattresses, shingles, tires, construction debris, concrete with rebar, carpet, animal matter or putrescible or hazardous waste, including chemical containers, asbestos and freon tanks.
C. The discharge of firearms, except for approved law enforcement agencies, in or on the landfill property is prohibited.
D. The dumping of dead animals, automotive parts or metal is prohibited.
E. Burnable materials, grass, and non-burnable materials shall be specific areas designated by the Landfill Operator.
(Amended by
Ord.
Nos. 765,
SECTION 6-405: SCAVENGING
No
scavenging will
be allowed at the landfill unless authorized by the City
Council. (Ord. No. 765,
SECTION 6-406: C & D LANDFILL; RATES
Rates for materials brought to the City which (a) qualify for placement in the O’Neill C & D Landfill, hereinafter referred to as “landfill,” and (b) are loaded separately from any nonqualifying materials, are established as follows:
1. Any load under two tons - $.025 per pound or $50.00 per ton
2. Any load under two tons - $.0125 per pound or $25.00 per ton.
(Ord.
No. 1238,
ARTICLE V - GARBAGE AND REFUSE COLLECTION
SECTION 6-501: DEFINITIONS
The term "garbage" as used herein shall be defined to mean kitchen refuse, decayed waste, dead animals, or anything that may decompose and become offensive to the public health.
The terms "rubbish" or "trash" as used herein shall be defined as discarded machinery, chips, pieces of wood, sticks, dead trees, branches, bottles, broken glass, crockery, tin cans, boxes, papers, rags, or any other litter or debris that is not an immediate hazard to the health of the residents of the City.
The term "waste" as herein defined shall mean cinders, ashes, plaster, brick, stone, sawdust or sand.
SECTION 6-502: GARBAGE; REMOVAL REQUIRED; RECEPTACLES
It shall be unlawful for any person to keep in, on, or about any dwelling, building or premise, or any other place in the City, decayed vegetable or animal substance, garbage or refuse matter of any kind that may be injurious to the public health or offensive to the residents of the City, unless the same is kept in receptacles not exceeding a 30 gallon capacity and as nearly airtight as may be practical. It shall be unlawful to throw or sweep into the streets, alleys, parks, or other public grounds any dirt, paper, nails, pieces of glass, refuse, waste or rubbish of any kind. No person may permit garbage, rubbish, waste or refuse to collect and all persons shall remove the same from their property within 24 hours after being notified to do so by the City Police Chief, who shall represent the Board of Health. Any person having garbage, rubbish, waste or refuse that is subject to decay or fermentation within a short period of time shall be required to place the same in a standard garbage can with a tight cover, or a durable plastic container that is securely tied at its opening. All persons shall have the contents of their garbage cans removed at least once a week. (Ref. 19-2106 RS Neb.)
SECTION 6-503: AUTHORITY OF GOVERNING BODY
The
Governing Body for the City may provide for the
collection and removal of garbage or refuse found upon any lot or land
within
its corporate roads or alleys abutting such lot or land
which
constitutes a public nuisance. The City may require the owner, duly
authorized
agent, or tenant of such lot or land to remove the garbage or refuse
from such
lot or land and streets, roads or alleys. (Ref. 18-1303 RS Neb) (Ord. No. 759.
SECTION 6-504: GARBAGE AND REFUSE; NOTICE; REMOVAL
Notice
that removal of garbage or refuse is necessary shall
be given to each owner or owner's duly authorized
agent and to the tenant, if any. Such
notice shall be provided by personal
service or by
certified mail. After providing such
notice, the City through its proper offices shall, in addition to other
proper
remedies, remove the garbage or refuse, or cause it to be
removed, from such lot or land and streets, roads or alleys. (Ref. 18-1303 RS Neb)(Ord.
No. 759,
SECTION 6-505: ACCUMULATION OF GARBAGE AND REFUSE; NUISANCE
The
accumulation of garbage or
refuse upon any lot or land is determined to constitute an immediate
nuisance
and hazard to public health and safety. Any person permitting the accumulation of such garbage
or refuse on
property owned or controlled by them shall be guilty of a misdemeanor. If, after 24 hours notice by personal service
by the O’Neill Police Department to the owner or person in possession
of such
property, such garbage or refuse is not removed,
the
City shall remove the garbage or refuse, or cause it to be removed,
from such
lot or land. In addition to
removing
such garbage or refuse, the City may charge the owner of such property,
or
party in possession of the same, for maintenance of a nuisance (Ref.
18-1303 RS
Neb) (Ord. No. 759,
SECTION 6-506: GARBAGE AND REFUSE REMOVAL; LIEN
Whenever a
City removes any
garbage or refuse, or causes it to be removed,
from any
lot or land pursuant to this article, it shall, after a hearing
conducted by
the Governing Board, assess the cost of the removal against such lot or
land.
(Ref. 18-1303 RS Neb) (Ord. No. 759,
SECTION 6-507: COLLECTION REGULATIONS
The City of
(A) These collections are to be made on a specific day, unless the weather or other adverse conditions make it impossible for the City to perform its task on that specific day, in which case it will be collected on the following day or as soon thereafter as conditions permit. Collections will be made during normal working hours or from sunrise to sunset, whichever is the greater length of time.
(B) Residents shall have refuse ready for collection at the street curbside in approved metal or plastic containers with the lids secured or in properly tied plastic bags. Additional pickup at any one residence shall be contracted for directly with the City on an individual basis at established rates. No lawn clippings or trimmings may be placed with refuse, mixed or separately, for regular pickup between April 1 and November 1, or as may be designated from time to time by state or federal regulations. Lawn clippings or trimmings may be delivered by residents to the O’Neill Landfill Compost Site, or residents may lease a container from the City for weekly pickup at rates established by ordinance from time to time.
(C) Residents will be responsible for litter or spillage prior to collection. The City shall be responsible for litter or spillage after collection.
(D) All refuse collected by the City shall be delivered to and deposited in a state licensed landfill or approved recycling plant site.
The City
will exclusively provide “roll-off” service within
the City at rates established by ordinance from time to time. (Amended by Ord. No. 1281,
SECTION 6-508: COLLECTION FEES
RESIDENTIAL. Each residence will be charged the sum of $15.00 per month for refuse collection, except residences that qualify for the senior citizen rate. Residents 65 years of age or older who live by themselves and residents 70 years of age and living with only one other person shall be eligible for the senior discount and will be charged the sum of $12.00 per month. All senior citizens eligible for the discount rate shall be required to sign a certificate qualifying them for such rates. When someone signs up for the discount plan, his/her rate will not be reduced to the discount rate until the next month.
COMMERCIAL. Each commercial account will be charged according to the following rate schedule per month for refuse collection, except those that qualify for the small business discount plan:
COMMERCIAL RATE SCHEDULE
FREQUENCY PER WEEK
|
Container Size |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
$41.71 |
$77.09 |
$112.48 |
$147.87 |
$183.25 |
$216.64 |
|
1.5 |
$48.08 |
$89.32 |
$130.55 |
$171.79 |
$213.02 |
$254.26 |
|
2 |
$61.41 |
$113.23 |
$165.05 |
$216.88 |
$267.70 |
$320.52 |
|
4 |
$90.49 |
$170.45 |
$250.40 |
$330.36 |
$410.32 |
$490.28 |
|
6 |
$126.47 |
$239.30 |
$352.13 |
$464.96 |
$577.79 |
$690.62 |
|
8 |
$168.65 |
$319.09 |
$469.53 |
$619.97 |
$770.41 |
$920.86 |
Any small business not having a dumpster and not generating more than six standard garbage bags per week of garbage shall be entitled to a small business rate of $32.00 per month. All small businesses shall be required to sign a certificate qualifying them for such rates. When a small business signs up for the small business rate, the same shall not go into force and effect until the next month. At sites where there are both commercial and residential accounts, the commercial charge has priority and will be the only charge levied. Payments to utility bills will be applied under a priority system, paying garbage first, sewer second and water last. Delinquent fees shall cause discontinuance of service under the same procedures set forth in the municipal code for water and sewer disconnection. Any person whose service has been discontinued and allows garbage to collect can be prosecuted under the city nuisance ordinances.
EFFECTIVE
DATE. The
above rates shall become effective
SECTION 6-509: CUSTOMER DEPOSIT
(A) All new customers (except customers served by the City within the past 12 months and who established satisfactory payment records for the previous service) shall be required to make a deposit with the City as follows:
(a)
1.0”
or less
$
50.00 1.25”
62.50 1.5”
75.00 1.75”
87.50 2.0”
100.00 2.25”
112.50 2.5”
125.00 2.75”
137.50 3.0”
150.00 4.0”
200.00 6.0”
300.00 This
deposit
amount is one amount for water, sewer and/or garbage or any combination
of the
three. (B) Each deposit shall be refunded when the
customer has established a satisfactory payment record for a period of
12
consecutive months and has not been served with more than two
disconnect
notices during such period of time. When supported by facts the Mayor may
determine the deposit shall be held for a
longer
period to assure a satisfactory payment record. (C) The City may offset any customer's deposit at
any time during which the customer's account is delinquent. Such deposit may also be used to offset any
payment due on any other account of the customer, payment for damages
due from
the customer, or payment of a judgment obtained by the City of O’Neill
for any
reason either against the property owner or customer, if a different
person. (D) City may use any
means available to it by
law for collection of a customer's delinquent account in addition to
use of
their deposit. (Ref. 17-537 RS
Neb.) (Amended by Ord. Nos. 843,
SECTION
6-510: LIABILITY FOR CHARGES; PROOF OF
PROPER
DISPOSAL (A) The Governing Body has
separately established charges to be paid
to it by each person whose premises are served by
the municipal garbage collection system.
For purposes of such charges, a person’s premises are deemed to
be
served by the municipal garbage collection system, and the owner and
occupant
of the premises are deemed served and therefore liable for the charges
unless
the owner or occupant proves to the Governing Body that: 1.
The premises are unoccupied; or 2.
The solid waste generated at the
premises during
the applicable billing period was lawfully collected and hauled to a
permitted
facility or was otherwise disposed of in conformance with all
applicable laws,
regulations and ordinances. (B)
Proof of proper disposal during the
applicable
period may be provided by means of any of the following: 1.
A billing receipt or other statement
from a duly
permitted solid waste hauling service
for collection of solid waste at the premises during the applicable
billing
period; 2.
A billing receipt or register tab
from a duly
permitted transfer station or disposal facility or landfill for solid
waste
received during the applicable billing period; or 3.
Such other documentation of proper
disposal as
may be acceptable to the Governing Body. ( SECTION
6-511: GARBAGE REMOVAL; PERMIT REQUIRED;
REGULATION - NOT APPLICABLE AS OF 4-1-07 It shall be
unlawful for any
person to own, operate or participate in the removal of garbage for a
fee until
and unless the said person has contracted with, or has received a
permit from,
the Governing Body. Application for a
permit may be made at the office of the
City Clerk
upon a blank form supplied by the City.
Said application shall require all information and documents
which the Governing Body deems necessary to determine whether or
not to
grant the permit. If
the Governing Body decides to grant the permit, the City Clerk will
issue to
the applicant the said permit which will entitle him/her to collect,
remove and
transport any garbage for a fee in, over or upon any street or public
way in
the City until April 30th following the said issuance; and the permit
may be
renewed annually if the Governing Body has not in the meantime elected
to enter
into a contract with a licensed collector. Any
permit so issued shall be subject to
revocation by the Governing Body after proper notice and a hearing if
requested
by the permittee.
The said permittee shall be liable
for all
bonds, fees, and other rules and regulations set by resolution of the
Governing
Body. (Ref. 19-2105 RS Neb.) SECTION
6-512:
WASTE DISPOSAL, RECYCLING FACILITY As a condition for issuance of a garbage
removal permit, any garbage hauler providing garbage removal services
within
the City shall agree to unload or deposit the garbage, refuse or waste
material
collected from any premises, residential, commercial property within
the
corporate limits of the City at the City of O’Neill Recycling/Transfer
Facility
so long as such facility is maintained by the City.
In the event that the Mayor of O’Neill determines
that the facility cannot handle such garbage, refuse or waste material,
he/she
may designate another unloading location ARTICLE VI
– NATURAL GAS RATE REGULATION SECTION
6-601: ADOPTION OF NATURAL GAS REGULATION
ACT The provisions
of Article 46, Chapter 19 of the Municipal Natural Gas Regulation Act
as set
forth in R.R.S. Neb. 1943, 1987 Supplement thereto and any amendments
made
thereto, except as otherwise provided for in this ordinance, are hereby
adopted
by this reference thereto and made a part hereof as fully as if set
forth at
length herein, except as otherwise hereinafter provided. SECTION
6-602: GAS RATE COLLECTION FEE A fee of
$300.00 be and hereby is
imposed for each rate filing by the city gas supplier. ARTICLE VII
- PENAL PROVISION SECTION
6-701: VIOLATION; PENALTY
Any person
who shall violate or
refuse to comply with the enforcement of any of the provisions of this
Chapter
set forth at full length herein or incorporated by reference shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be
fined not more than $500.00 for each offense.
A new violation shall be deemed to
have been
committed every 24 hours of such failure to comply.