Article 7. Sewer Department

§3-701   Falls City Code   §3-702

Article 7. Sewer Department
Municipality through the Municipal Sewer Department shall furnish
sewer services to persons within its corporate limits whose
premises abut a street or alley in which a commercial main is now
or may hereafter be laid. The Municipality may also furnish sewer
service to persons whose premises are situated outside the
corporate limits of the Municipality, as and when, according to
law, the Governing Body may see fit to do so. The rules,
regulations, and sewer rental rates hereinafter named in this
Article, shall be considered a part of every application hereafter
made for sewer service and shall be considered a part of the
contract between every customer now or hereafter served. Without
further formality, the making of the application on the part of any
applicant or the use of sewer service by present customers thereof
shall constitute a contract between the customer and the
Municipality to which said contract both parties are bound. If the
customer shall violate any of the provisions of said contract or
any reasonable rules and regulations that the Governing Body may
hereafter adopt, the Utilities Superintendent, or his agent, may
cut off or disconnect the sewer service from the building or
premise of such violation. No further connection for sewer service
to said building or premise shall again be made save or except by
order of the Utilities Superintendent or his agent. (Ref. 17-901,
17-902 RS Neb.)
the context specifically indicates otherwise, the meaning of terms
used in this Article shall be as follows:
“BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity
of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure in five (5) days at twenty
degrees (20/) C., expressed in milligrams per liter.
“BUILDING DRAIN” shall mean that part of the lowest horizontal
piping of a drainage system which receives the discharge from soil,
waste, or other drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning five feet (5′) (1.5
meters) outside the inner face of the building wall.
“BUILDING SEWER” shall mean the extension from the building drain
to the public sewer or other place of disposal.
“COMBINED SEWER” shall mean a sewer receiving both surface runoff
and sewage.
“GARBAGE” shall mean solid wastes from the domestic and commercial
preparation, cooking and dispensing of food, and from the handling,
storage and sale of produce.
“INDUSTRIAL WASTES” shall mean the liquid wastes from industrial
manufacturing processes, trade, or business as distinct from
sanitary sewage.
“NATURAL OUTLET” shall mean any outlet into a watercourse, pond,
ditch, lake, or other body of surface or groundwater.
“NORMAL DOMESTIC WASTE WATER” shall mean wastewater that has a BOD
concentration of not more than 230 mg/l and a suspended solids
concentration of not more than 260 mg/l.
“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.
“PERSON” shall mean any individual, firm, company, association,
society, corporation, or group.
“pH” shall mean the logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
“PROPERLY SHREDDED GARBAGE” shall mean the wastes from the
preparation, cooking, and dispensing of food that have been
shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers,
with no particle greater than one half inch (1/2″) (1.27
centimeters) in any dimension.
“PUBLIC SEWER” shall mean a sewer in which all owners of abutting
properties have equal rights, and is controlled by public
“REPLACEMENT” shall mean expenditures for obtaining and installing
equipment, accessories, or appurtenances which are necessary during
the useful life of the treatment works to maintain the capacity and
performance for which such works were designed and constructed.
The term “Operation and Maintenance” includes replacement.
“RESIDENTIAL CONTRIBUTOR” shall mean any contributor to the City’s
treatment works whose lot, parcel of real estate, or building is
used for domestic dwelling purposes only.
“SANITARY SEWER” shall mean a sewer which carries sewage and to
which storm, surface, and ground waters are not intentionally
“SEWAGE” shall mean a combination of the water-carried wastes from
residences, business buildings, institutions, and industrial
establishments together with such ground, surface, and storm waters
as may be present.
“SEWAGE TREATMENT PLANT” shall mean any arrangement of devices and
structures used for treating sewage.
“SEWAGE WORKS” shall mean all facilities for collecting, pumping,
treating and disposing of sewage.
“SEWER” shall mean a pipe or conduit for carrying sewage.
“SHALL” is mandatory; the term “May” is permissive.
“SLUG” shall mean any discharge of water, sewage, or industrial
waste which in concentration of any given constituent or in
quantity of flow exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times the average twentyfour
(24) hour concentration or flows during normal operation.
“SS” (denoting Suspended Solids) 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.
“STORM DRAIN” (sometimes termed “storm sewer”) shall mean a sewer
which carries storm and surface waters and drainage, but excludes
sewage and industrial wastes, other than unpolluted cooling water.
“SUPERINTENDENT” shall mean the Public Works Director of the City
of Falls City, or his authorized deputy, agent, or representative.
“SUSPENDED SOLIDS” shall mean solids that either float on the
surface of, or are in suspension in water, sewage, or other
liquids, and are removable by laboratory filtering.
“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 improvement, 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
“USEFUL LIFE” shall mean the estimated period during which a
treatment works will be operated.
“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.
“WATER METER” shall mean a water volume measuring and recording
device, furnished and/or installed by the City of Falls City or
furnished and/or installed by a user and approved by the City of
Falls City.
“WATERCOURSE” shall mean a channel in which a flow of water occurs
either continuously or intermittently. (Ord. #2008-109)
Municipality owns and operates the Municipal Sewer System through
the Utilities Superintendent. The Governing Body, for the purpose
of defraying the cost of the management and maintenance of the
Municipal Sewer System may each year levy a tax not exceeding the
maximum limit prescribed by State law on the actual valuation of
all real estate and personal property within the corporate limits
that is subject to taxation. The revenue from the said tax shall
be known as the Sewer Maintenance Fund. The Utilities
Superintendent shall have the direct management and control of the
Sewer Department and shall faithfully carry out the duties of his
office. He shall have the authority to adopt rules and regulations
for the sanitary and efficient management of the Department subject
to the supervision and review of the Governing Body. (Ref. 17-
149, 17-925.01, 18-501 through 18-510, 16-667 through 16-671 RS
person wishing to connect with the Sewer System shall make an
application therefor to the Utilities Superintendent. Sewer
service may not be supplied to any house or building except upon
the written order of the Utilities Superintendent. The Department
shall not supply sewer service to any person outside the corporate
limits without special permission from the Governing Body;
Provided, that the entire cost of pipe and other installation
charges shall be paid by such consumers. Nothing herein shall be
construed to obligate the Municipality to provide sewer service to
nonresidents. (Ref. 17-149, 19-2701 RS Neb.)
shall be unlawful for any person to place, deposit, or permit to be
deposited in any unsanitary manner on public or private property
within the City of Falls City or in any area under the jurisdiction
of said City, any human or animal excrement, garbage, or other
objectionable waste.
It shall be unlawful to discharge to any natural outlet
within the City of Falls City, or in any area under the
jurisdiction of said Municipality, any sewage or other polluted
waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this Article.
Except as hereinafter provided, it shall be
unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the disposal
of sewage.
all houses, buildings, or properties used for human employment,
recreation, or other purposes, situated within the Municipality and
abutting on any street, alley, or right-of-way in which there is
now located or may in the future be located a public sanitary or
combined sewer of the City, is hereby required at his expense to
install suitable toilet facilities therein, and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this Article within ninety (90) days after date
of official notice to do so; Provided, that said public sewer is
within one hundred feet (100′) of the property line. (Ref. 17-
149, 17-149.01 RS Neb.)
sanitary or combined sewer is not available under the provisions of
section 3-708, the building sewer shall be connected to a private
sewage disposal system complying with the provisions of this
At such time as a public sewer becomes available to a property
served by a private wastewater disposal system, as provided in
section 3-708, a direct connection shall be made to the public
sewer in compliance with this Article, and any septic tanks,
cesspools, and similar private wastewater disposal facilities shall
be abandoned and filled with suitable material.
Before commencement of construction of a private sewage disposal
system the owner shall first obtain a written permit signed by the
Superintendent. 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 are deemed
necessary by the Utilities Superintendent. A permit and inspection
fee of twenty-five dollars ($25.00) 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 Superintendent. He shall be allowed to inspect
the work at any stage of construction and, in any event, the
applicant for the permit shall notify the Superintendent when the
work is ready for final inspection, and before any underground
portions are covered. The inspection shall be made within fortyeight
(48) hours of the receipt of notice by the Superintendent.
type, capacities, location, and layout of a private sewage disposal
system shall comply with all recommendations of the Nebraska
Department of Environmental Quality. No permit shall be issued for
any private sewage disposal system employing subsurface soil
absorption facilities when the area of the lot is less than six
thousand (6,000) square feet. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
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 sections 3-705 through 3-715 shall be
construed to interfere with any additional requirements that may be
imposed by the Health Officer.
public sewer becomes available, the building sewer shall be
connected to said sewer within sixty (60) days and the private
sewage disposal system shall be cleaned of sludge and filled with
clean bank-run gravel or dirt.
be unlawful for any person, firm, or corporation to engage in or
conduct the business of sewer connection and house drainage,
excavate any trenches for sewer pipe, open, uncover, or in any
manner make connection with or lay any sewer drain, or attach to,
modify, or repair any appurtenances thereto without holding a
Municipal Plumber’s License and without complying with the rules
and regulations of the Utilities Superintendent; Provided, that
nothing herein shall be construed to apply to persons, firms, or
corporations under special contract with the Municipality for the
construction, extension, or repair of the Municipal Sewer System.
licensed plumber or drain layer who connects with the public sewer
shall be held responsible for any damage he may cause to the sewers
or the public ways and property. He shall restore to the complete
satisfaction of the Utilities Superintendent all streets that he
has excavated and make good any settlement of the ground or
pavement caused by his excavations.
unauthorized person shall uncover, make any connections with or
opening into, use, alter, or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from
the Superintendent.
There shall be two (2) classes of building sewer
permits: (a) for residential and commercial service, and (b) for
service to establishments producing industrial wastes. In either
case, the owner or his agent shall make application on a special
form furnished by the City. The permit application shall be
supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Superintendent. A
permit and inspection fee of twenty-five dollars ($25.00) for a
residential or commercial building sewer permit and fifty dollars
($50.00) for an industrial building sewer permit shall be paid to
the City at the time the application is filed.
expense incidental to the installation and connection of the
building sewer shall be borne by the owner. The owner shall
indemnify the City from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
and independent building sewer shall be provided for every
building; except where one (1) building stands at the rear of
another on an interior lot and no private sewer is available or can
be constructed to the rear building through an adjoining alley,
court, yard, or driveway, the building sewer from the front
building may be extended to the rear building and the whole
considered as one (1) building sewer.
building sewers may be used in connection with new buildings only
when they are found, on examination and test by the Superintendent,
to meet all requirements of this Article.
size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the
pipe, jointing, testing and backfilling the trench, shall all
conform to the requirements of the building and plumbing code or
other applicable rules and regulations of the Municipality. In the
absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications of
the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit gravity
flow to the public sewer, sanitary sewage carried by such building
drain shall be lifted by an approved means and discharged to the
building sewer.
The connection of the building sewer into the public sewer
shall conform to the requirements of the building and plumbing code
or other applicable rules and regulations of the Municipality, or
the procedures set forth in appropriate specifications of the
A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such
connections shall be made gastight and watertight, and verified by
proper testing. Any deviation from the prescribed procedures and
materials must be approved by the Superintendent before
person shall make connection of roof down spouts, 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.
for the building sewer permit shall notify the Superintendent when
the building sewer is ready for inspection and connection to the
public sewer. The connection and testing shall be made under the
supervision of the Superintendent or his representative.
excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner
satisfactory to the City.
Municipal Sewer Department may require the owner of any property
which is within the Municipality and connected to the public sewers
or drains to repair or replace any connection line which serves the
owner’s property and is broken, clogged or otherwise in need of
repair or replacement. The property owner’s duty to repair or
replace such a connection line shall include those portions upon
the owner’s property and those portions upon public property or
easements up to and including the point of junction with the public
The Municipal Clerk shall give the property owner notice by
registered letter or certified mail, directed to the last known
address of such owner or the agent of such owner, directing the
repair or replacement of such connection line. If within thirty
(30) days of mailing such notice the property owner fails or
neglects to cause such repairs or replacements to be made, the
Utilities Superintendent may cause such work to be done and assess
the cost upon the property served by such connection. (Ref. 18-
1748 RS Neb.)
§3-728 USER CHARGE SYSTEM; PURPOSE. It is determined and
declared to be necessary and conductive to the protection of the
public health, safety, welfare and convenience of the City to
collect charges from all users who contribute wastewater to the
City’s treatment works. The proceeds of such charges so derived
will be used for the purpose of operating, maintaining and retiring
the debt for such public wastewater treatment works.
charge system shall generate adequate annual revenues to pay costs
of annual operation and maintenance including replacement and costs
associated with debt retirement of bonded capital associated with
financing the treatment works which the City may by ordinance
designate to be paid by the user charge system. 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 section.
That portion of the total user charge collected which is
designated for operation and maintenance including replacement
purposes as established in section 3-730, shall be deposited in a
separate nonlapsing fund known as the Operation, Maintenance and
Replacement Fund and will be kept in two (2) primary accounts as
a. An account designated for the specific purpose of
defraying operation and maintenance costs (excluding replacement)
of the treatment works (Operation and Maintenance Account).
b. 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 quarterly from the operation, maintenance and
replacement revenue in the amount of seventeen thousand forty-five
dollars ($17,045.00) annually.
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 rates 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.
§3-730 USER CHARGE SYSTEM; RATES. Each user shall pay for the
services provided by the City based on his use of the treatment
works as determined by water meter(s) acceptable to the City.
For residential contributors, quarterly user charges will be
based on quarterly water usage during the months of January,
February and March. If a residential contributor has not
established a January, February and March average, his quarterly
user charge shall be the median charge of all other residential
For industrial and commercial contributors, user charges shall
be based on water used during the current month. If a commercial
or industrial contributor has a consumptive use of water, or in
some other manner uses water which is not returned to the
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.
(Reference is made to Appendix A of ordinance 81-117 on file.)
The minimum charge per quarter shall be one dollar sixty-two
cents ($1.62). In addition, each contributor shall pay a user
charge rate for operation and maintenance including replacement of
forty-six cents (46¢) per 1000 gallons of water (or wastewater) as
determined in the preceding section and an additional thirty-two
cents (32¢) per 1000 gallons of water (or wastewater) for debt
(Reference is made to Appendix A).
Industrial contributors who may contribute wastewater of
greater concentration than normal domestic sewage shall be metered
at a sampling manhole which shall be installed and maintained as
hereinbefore provided:
Billing shall be as follows:
Minimum charge (monthly) — $0.54 per month
Flow (including 230 mg/l BOD and 260 mg/l Suspended Solids) -
- $0.78 per 1000 gallons
BOD Surcharge
$.0009 per 1000 gal. per mg/l of BOD over 230 mg/l
Suspended Solids Surcharge
$.0006 per 1000 gal. per mg/l of S.S. over 260 mg/l
plus cost of metering and testing
Any user which discharges any toxic pollutants which cause an
increase in the cost of managing the effluent or the sludge from
the City’s treatment works, or any user which discharges any
substance which singly or by interaction with other substances
causes identifiable increases in the cost of operation,
maintenance, or replacement of the treatment works, shall pay for
such increased costs. The charge to each such user shall be as
determined by the responsible plant operating personnel and
approved by the City Council.
The user charge rates established in this section apply to all
users, regardless of their location, of the City’s treatment works.
§3-731 USER CHARGE SYSTEM; REVIEW. The City will review the
user charge system at least every two (2) years, and revise user
charge rates as necessary to ensure that the system generates
adequate revenues to pay the costs of operation and maintenance
including replacement and that the system continues to provide for
the proportional distribution of operation and maintenance
including replacement costs among users and user classes.
The City will notify each user at least annually, in
conjunction with a regular bill, of the rate being charged for
operation, maintenance including replacement of the treatment
§3-732 MUNICIPAL SEWER DEPARTMENT; LIEN. In addition to all
other remedies, if a customer shall for any reason remain indebted
to the Municipality for sewer service furnished, the 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 served. The delinquent sewer rent shall be placed
upon the assessment rolls for collection as a special tax. It
shall be the duty of the Utilities Superintendent to report to the
Governing Body on June 1, of each year a list of all unpaid
accounts due for sewer service, together with a description of the
real estate served. The report shall be examined, and if approved
by the Governing Body, shall be certified by the Municipal Clerk to
the County Clerk in the same manner as for the collection of other
special taxes to be collected by the County Treasurer. (Ref. 17-
925.01, 18-503 RS Neb.)
be due and payable monthly at the Office of the Utilities
Superintendent. It shall be the duty of customers of the Sewer
Department to present payment monthly at the Office of the
Superintendent to pay their bills. The Utilities Superintendent
shall charge and collect from each consumer for the amount of sewer
service used since the last examination, together with any other
charges, properly itemized, due the Sewer Department. Nonresidents
shall be charged at the same rate for sewer as residents. Bills
shall be due on the first (1st) day of each month and shall be
payable by the fifteenth (15th) day of each month. Bills not paid
on or before the fifteenth (15th) of each month shall be deemed to
be delinquent. There shall be a five percent (5%) penalty added on
to any bill deemed to be delinquent as herein defined. In the
event that any bill is not paid when the same has been deemed to be
delinquent, the Utilities Superintendent shall give a written
notice as provided in section 3-1102 of this Code. The Utilities
Superintendent shall faithfully account for and pay to the
Municipal Treasurer all revenue collected by him, taking his
receipt therefor. In the event the sewer is shut off for the
nonpayment of any sewer bill, there shall be assessed an additional
fee set by resolution of the Governing Body to compensate the
Municipality for the additional hookup necessary to again provide
water and/or sewer service to the delinquent customer. (Ref. 17-
925.01, 70-1605 RS Neb.)
for sewer service are not transferable. Any person wishing to
change from one location to another shall make a new application
and sign a new contract. If any customer shall move from the
premise where service is furnished, or if the said premise is
destroyed by fire or other casualty, he shall at once inform the
Utilities Superintendent who shall cause the sewer service to be
shut off from the said premise. If the customer should fail to
give notice, he shall be charged for that period of time until the
official in charge of sewers is otherwise advised of such
No person shall
discharge or cause to be discharged any Storm water, surface water,
groundwater, roof runoff, subsurface drainage, including interior
and exterior foundation drains, uncontaminated cooling water, or
unpolluted industrial waters to any sanitary sewer.
Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as
combined sewers or storm sewers, or to a natural outlet approved by
the Superintendent. Industrial cooling water or unpolluted process
water may be discharged, on approval of the Superintendent, to a
storm sewer, combined sewer, or natural outlet.
. No person shall discharge or
cause to be discharged any of the following described waters or
wastes to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid, or gas.
2. Any waters or wastes containing toxic or poisonous
solids, liquids, or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
waste treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving
waters of the sewage treatment plant, including but not limited to
cyanides in excess of two (2) mg/l as CN in the wastes as
discharged to the public sewer.
3. Any waters or wastes having a pH lower than 5.5, or
having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the sewage works.
4. Solid or viscous substances in quantities or of such size
capable of causing obstruction to the flow in sewers, or other
interference with the proper operation of the sewage works such as,
but not limited to, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings, entrails
and paper dishes, cups, milk containers, etc., either whole or
ground by garbage grinders.
No person shall
discharge or cause to be discharged the following described
substances, materials, waters, or wastes if it appears likely in
the opinion of the Superintendent that such wastes can harm either
the sewers, sewage treatment process, or equipment, have an adverse
effect on the receiving stream, or can otherwise endanger life,
limb, public property, or constitute a nuisance. In forming his
opinion as to the acceptability of these wastes, the Superintendent
will give consideration to such factors as the quantities of
subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment plant, and
other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one
hundred fifty degrees Fahrenheit (150/F) (65/ degrees C).
2. Any water or waste containing fats, wax, grease, or oils,
whether emulsified or not, in excess of one hundred (100) mg/l or
containing substances which may solidify or become viscous at
temperatures between thirty-two degrees (32/) and one hundred
fifty degrees Fahrenheit (150/) (0 and 65/ C).
3. Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor three-fourths (3/4) horsepower (0.76 hp metric) or greater
shall be subject to the review and approval of the Superintendent.
4. Any waters or wastes containing strong acid iron pickling
wastes, or concentrated plating solutions whether neutralized or
5. Any water or wastes containing iron, chromium, copper,
zinc, and similar objectionable or toxic substances; or wastes
exerting an excessive chlorine requirement, to such degree that any
such material received in the composite sewage at the sewage
treatment works exceeds the limits established by the
Superintendent for such materials.
6. Any waters or wastes containing phenols or other tasteor
odor-producing substances, in such concentrations exceeding
limits which may be established by the Superintendent as necessary,
after treatment of the composite sewage, to meet the requirements
of State, Federal, or other public agencies of jurisdiction for
such discharge to the receiving waters.
7. Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the
Superintendent in compliance with applicable State or Federal
8. Any waters of wastes having a pH in excess of [9.5].
9. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids
(such as, but not limited to, Fuller’s earth, lime slurries,
and lime residues) or of dissolved solids (such as but not
limited to, sodium chloride or sodium sulfate).
b. Excessive discoloration (such as, but not limited to,
dye wastes and vegetable tanning solutions).
c. Unusual BOD, chemical oxygen demand, or chlorine
requirements in such quantities as to constitute a significant
load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes
constituting “slugs” as defined herein.
10. Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment
processes employed, or are amenable to treatment only to such
degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge
to the receiving waters.
11. Any waters or wastes having:
a) a five (5) day BOD greater than 230 parts per
million by weight or,
b) containing more than 260 parts per million by weight
of suspended solids, or
c) having an average daily flow greater than two
percent (2%) of the average sewage low of the City, shall be
subject to the re view of the Superintendent.
Where necessary in the opinion of the Superintendent, the
owner shall provide, at his expense, such preliminary treatment as
may be necessary to:
a) reduce the biochemical oxygen demand to 300 parts
per million by weight, or
b) reduce the suspended solids to 350 parts per million
by weight, or
c) control the quantities and rates of discharge of
such waters or wastes.
Plans, specifications, and other pertinent information
relating to proposed preliminary treatment facilities shall be
submitted for the approval of the Superintendent and no
construction of such facilities shall be commenced until said
approvals are obtained in writing.
If any waters or wastes are discharged, or are proposed
to be discharged to the public sewers, which waters contain the
substances or possess the characteristics enumerated in section 3-
737, and which in the judgment of the Superintendent, may have a
deleterious effect upon the sewage works, processes, equipment, or
receiving waters, or which otherwise create a hazard to life to
constitute a public nuisance, the Superintendent may:
1. Reject the wastes,
2. Require pretreatment to an acceptable condition for
discharge to the public sewers,
3. Require control over the quantities and rates of
discharge, and/or
4. Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or
sewer charges under the provisions of section 3-730.
If the Superintendent permits the pretreatment or equalization
of waste flows, the design and installation of the plants and
equipment shall be subject to the review and approval of the
Superintendent, and subject to the requirements of all applicable
codes, ordinances and laws.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts,
or any flammable wastes, sand, or other harmful ingredients; except
that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type
and capacity approved by the Superintendent and shall be located as
to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow
equalizing facilities are provided for any waters or wastes, they
shall be maintained continuously in satisfactory and effective
operation by the owner at his expense.
When required by the Superintendent,
the owner of any property serviced by a building sewer carrying
industrial wastes shall install a suitable control manhole together
with such necessary meters and other appurtenances in the building
sewer to facilitate observation, sampling, and measurement of the
wastes. Such manhole, when required, shall be accessibly and
safely located, and shall be constructed in accordance with plans
approved by the Superintendent. The manhole shall be installed by
the owner at his expense, and shall be maintained by him so as to
be safe and accessible at all times.
measurements, tests, and analysis of the characteristics of waters
and wastes to which reference is made in this Article, shall be
determined in accordance with the latest edition of “Standard
Methods for the Examination of Water and Wastewater,” published by
the American Public Health Association, and shall be determined at
the control manhole provided, or upon suitable samples taken at
said control manhole. In the event no special manhole has been
required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the
building sewer is connected. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb, and property. The particular analysis involved will
determine whether a twenty-four (24) hour composite of all outfalls
of a premise is appropriate or whether a grab sample or samples
should be taken. Normally, but not always, BOD and suspended
solids analysis are obtained from twenty-four (24) hour composites
of all outfalls whereas pH’s are determined from periodic grab
No statement contained in this
Article shall be construed as preventing any special agreement or
arrangement between the Municipality and any industrial concern
whereby an industrial waste of unusual strength or character may be
accepted by the Municipality for treatment, subject to payment
therefor, by the industrial concern.
person or persons shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any
structure, appurtenance, or equipment which is part of the
wastewater facilities. Any person or persons violating this
provision shall be subject to immediate arrest under charge of
disorderly conduct.
Superintendent or his authorized agents, shall have free access at
any reasonable time to all parts of each premise and building which
is connected with the Sewer System to ascertain whether there is
any disrepair or violations of this Article therein. During the
time of the installation of sewer service to any premise, it shall
be unlawful to cover any sewer pipe or appurtenance necessary to
provide sewer service until reasonable notice shall have been given
to the Utilities Superintendent to inspect the installation of the
same. Unless waived in part by the Utilities Superintendent, there
shall be three (3) inspections made during installation as follows:
(1) When the sewer is laid, jointed, and connected, but
before it is covered over;
(2) When the waste and vent pipes have been covered; and
(3) When the entire system of plumbing has been completed and
the same is ready for use.
Superintendent and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, observation,
measurement, sampling, and testing system in accordance with the
provisions of this Article. The Superintendent or his
representatives shall have no authority to inquire into any
processes including metallurgical, chemical, oil, refining,
ceramic, paper, or other industries beyond that point having a
direct bearing on the kind and source of discharge to the sewers or
waterways or facilities for waste treatment.
While performing the necessary work on private properties
referred to in this section, the Superintendent or duly authorized
employees of the City shall observe all safety rules applicable to
the premises established by the company.
person whose premise is located outside the corporate limits of the
Municipality and who desires to install a house or building sewer
that will be connected with the Municipal Sewer System, shall apply
to the Sewer Commissioner in the same manner as resident applicants
for a permit for such connection and setting forth the name of the
owner, occupant, or lessee of the premise, the use to which the
premise is devoted, and such other information as the Governing
Body may require. The Governing Body may then agree to provide
such service or not in its discretion on such terms and at such
rates as may be equitable to both the nonresident customer and the
Municipality; provided, that nothing herein shall be construed to
require the approval of such applications. (Ref. 19-2701 RS Neb.)
the event a sewerage customer is not a user of water supplied and
rendered by the Municipal Water Department, or uses water from
another source in addition to the water supplied by the
Municipality, the Governing Body may require the installation of a
meter for the customer at the expense of the customer to compute
the amount of water used for the purpose of billing the customer
for the amount of water actually emptied into the Municipal Sewer
§3-749 VIOLATION; NOTICE AND LIABILITY. Any person found to be
violating any provision of this Article except section 3-744 shall
be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the
satisfactory correction thereof not to exceed thirty (30) days.
The offender shall, within the period of time stated in such
notice, permanently cease all violations.
Any person violating any of the provisions of this Article
shall become liable to the City for any expense, loss, or damage
occasioned the City by reason of such violation.
§3-750 PENAL PROVISION; VIOLATION. Any person who shall
continue any violation beyond the time limit provided in section 3-
749, shall be guilty of an offense, and on conviction thereof shall
be fined in the amount not exceeding one hundred dollars ($100.00)
for each violation. Each twenty-four (24) hour period in which any
such violation shall continue shall be deemed a separate offense.
§3-751 SEVERABILITY CLAUSE. The invalidity of any section,
clause, sentence, or provision of this Article shall not affect the
validity of any other part of this Article which can be given
effect without such invalid part or parts.