Chapter 3


DEPARTMENTS


Article 1. Water Department


§3-101               MUNICIPAL WATER DEPARTMENT; OPERATION AND FUNDING. The Municipality owns and operates the Municipal Water Department through the Water Commissioner. The Governing Body, for the purpose of defraying the cost of the care, management, and maintenance of the Municipal 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 Municipal Treasurer. The Water Commissioner shall have the direct management and control of the Municipal 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 Municipal Clerk for public inspection during office hours. (Ref 17-531, 17-534, 19-1305 RS Neb.)


§3-102               MUNICIPAL WATER DEPARTMENT; DEFINITIONS. The following definitions shall be applied throughout this Chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.


MAIN. 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 Municipality.


SUPPLY PIPE. The term “supply pipe” is hereby defined to be any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer̓s premise where the shut-off, stop box, or curb cock is located.


SERVICE PIPE. The term “service pipe” is hereby defined to be any pipe extending from the shut-off, stop box, or curb box at or near the lot line to and beyond the property line of the consumer to the location on the premise where the water is to be dispersed.


SEPARATE PREMISE. The term “separate premise” is hereby defined to be more than one (1) consumer procuring water from the same service or supply pipe. The second (2nd) premise may be a separate dwelling, apartment, building, or structure used for a separate business.


§3-103               MUNICIPAL WATER DEPARTMENT; PROPERTY OWNER̓S APPLICATION. Every owner of property desiring water service for such property must make application therefore to the Municipal Clerk. The Municipal Clerk may require any applicant to make a service deposit in such amount as has been set by the Governing Body and placed on file at the office of the Municipal Clerk. Water may not be supplied to any house or private service pipe except upon order of the Municipal Clerk. (Ref 17-537 RS Neb.)


§3-104               MUNICIPAL WATER DEPARTMENT; SERVICE TO NON-RESIDENTS. The 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 consumer. Nothing herein shall be construed to obligate the Municipality to provide water service to non-residents.(Ref 19-2701 RS Neb).


§3-105               MUNICIPAL WATER DEPARTMENT; WATER CONTRACT. The Municipality through its Water Department, shall furnish water service to property within its corporate limits if such property abuts a street or alley in which a commercial main now is or may hereafter be laid. The Municipality may furnish water to property within its corporate limits which does not abut a street or alley in which a commercial main is now or may hereafter be laid and may also furnish water service to property 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 water rates hereinafter §3-105Henderson Code§3-109


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 property owner now or hereafter served. Without further formality, the making of application by the property owner for himself or the use or consumption of water service by tenants residing on such property and the furnishing of water service to such property owner and the Municipality, to which said contract both parties are bound. If the property owner, or tenants residing on such property, shall violate any of the provisions of said contract or any reasonable rules and regulations that the Governing Body may hereafter adopt, the Water Commissioner, may cut off or disconnect the water service to the property. No further connection for water service to said property shall again be made except by order of the Water Commissioner.


§3-106               MUNICIPAL WATER DEPARTMENT; INSTALLATION PROCEDURE. In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade, and during the night, 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 twenty-four (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 consumer. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such installation by the Water Commissioner; provided that the said rules, regulations, and specifications have been reviewed and approved by the Governing Body. (Ref 17-537 RS Neb.)


§3-107               MUNICIPAL WATER DEPARTMENT; INSTALLATION EXPENSE. (1) Except as provided in subsection (3) of this section, in all cases in which applications for water service are approved, the property owner or the tenant, as the case may be, shall pay to the Municipality a tap fee of one hundred fifty dollars ($250.00) for each connection applied for.

             (2)        The expense of providing water service to the lot line shall be paid by the Municipality. The applicant shall then pay the cost of installation and pipe from the lot line to the place of dispersement. The applicant shall be required to pay the expense of procuring the services of a plumber and shall pay the expense of furnishing and installing pipe, trenching, and the necessary labor to bring water service from the said lot line to the place of dispersement. If the applicant̓s property does not abut a street where a commercial main is now laid or hereafter laid, the Municipality shall, at its own expense, construct and bring water service from a point at or near the property line on the street where there is a commercial main to the applicant̓s lot line.

             (3)        Applicants for water service whose property is situated outside of the corporate limits of the Municipality shall pay tap or connection fees in such sum as the Mayor and City Council shall in such case fix. (Ref. 17-542 RS Neb.)


§3-108               MUNICIPAL WATER DEPARTMENT; REPAIRS. Repairs to the service pipe shall be made by and at the expense of the customer. All other repairs to the property of the Water Department shall be made by the Municipality. (Ref 17-542 RS Neb.)


§3-109               MUNICIPAL WATER DEPARTMENT; FEES AND COLLECTIONS. The Governing Body has the power and authority to fix the rates to be paid by the property owners receiving water service from the Water Department. All such rates shall be on file for public inspection at the office of the Municipal Clerk during business hours. The Municipal Clerk shall bill the property owners and collect the money received by the Municipality on the account of the Water Department. He shall faithfully account for, and pay to the Municipal Treasurer all revenue collected by him, taking his receipt therefor in duplicate. (Ref 17-540 RS Neb.)


§3-110               MUNICIPAL WATER DEPARTMENT; MINIMUM RATES. All property owners whose properties are receiving water service shall be liable for the minimum rate provided by ordinance unless and until the property owner shall, by written order, direct the Water Commissioner or his designated agent to shut off the water at the stop box, in which case the property owner shall not be liable thereafter for water service until the water is turned on again. (Ref 17-542 RS Neb.)


§3-111               MUNICIPAL WATER DEPARTMENT; SINGLE PREMISE. No consumer shall supply water to other families, or allow them to take water from his 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 PS Neb.)


§3-112               MUNICIPAL WATER DEPARTMENT; 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 Municipality 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 Municipality has no control. (Ref. 17-537 RS Neb.)


§3-113               MUNICIPAL WATER DEPARTMENT; 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 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.


§3-114               MUNICIPAL WATER DEPARTMENT; MANDATORY HOOK-UP. All property owners whose property is adjacent or abuts a commercial main shall be required, upon notice by the Governing Body, to hook-up with the Municipal Water System. (Ref 17-539 RS Neb.)


§3-115               MUNICIPAL WATER DEPARTMENT; 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 Municipal Water Department. (Ref 17-536 RS Neb.)


§3-116               MUNICIPAL WATER DEPARTMENT; 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 premise where service is furnished, or if the said premise is destroyed by fire or other casualty, he 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 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.)


§3-117               MUNICIPAL WATER DEPARTMENT; INSPECTION. The Water Commissioner, or his duly authorized agents, shall have free access, at any reasonable time, to all parts of each premise and building to, or in which, water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water. (Ref 17-537 RS Neb.)


§3-118               MUNICIPAL WATER DEPARTMENT; POLICE REPORTS. It shall be the duty of the Municipal 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.


§3-119               MUNICIPAL WATER DEPARTMENT; 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 Municipal 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.


§3-120               MUNICIPAL WATER DEPARTMENT; LICENSED PLUMBER. It shall be unlawful for any plumber or pipefitter to do any work upon any of the pipes or appurtenances of the system of waterworks, or to make any connection with or extension of the supply pipes of any consumer taking water from the said system until such plumber or pipefitter shall have first procured a license or permit from the Municipality. All plumbing shall be done in the manner required by the Water Commissioner. The said licensed plumber shall be at all times subject to the inspection and approval of the Water Commissioner and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work. (Ref 17-537 RS Neb.)


§3-121               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; STATEMENT OF PURPOSE. The City of Henderson hereby finds that backflow and backsiphonage of contaminants into a public water supply system can be a threat to public health and safety. Direct or indirect cross-connection within a water distribution system, including within a water customer̓s water distribution system, are among possible structural arrangements which can result in backflow and backsiphonage. In the interest of public health and safety, the Governing Body hereby adopts the following backflow and backsiphonage prevention program, and cross-connection control program.


§3-122               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; DEFINITIONS. For the purposes of the sections 3-122 through 3-135 of this Code pertaining to backflow/backsiphonage, the following terms shall mean:

 

(1)        Air Gap: Used to prevent either backflow or backsiphonage, an air-gap separation is the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.

 

(2)        Atmospheric Vacuum Breaker (Non-Pressure Type Backsiphonage Preventer): Used to protect for direct or indirect water connections to all types of polluted or contaminated liquids where the preventer is not subject to back-pressures and is installed on the discharge side of the last control valve. This preventer should not be subjected to continuous flows for periods of more than twelve (12) hours.

 

(3)        Backflow: The flow of water or other liquids, mixtures, or substances into the water distribution system from other than the intended liquids, mixtures, or substances of the public water supply system.

 

(4)        Backsiphonage: The flowing back of water or other liquids, mixtures, or substances into a water distribution system due to negative pressure in the piping of the water distribution system.

 

(5)        Double Check-Valve Assembly (Backflow Preventer): Used as protection for all direct or indirect water connections through which foreign substances might enter the system in such concentrations as to constitute a nuisance or be aesthetically objectionable. Examples are foods, beverages, or other substances which do not constitute a health hazard.

 

(6)        Cross-Connection: Any actual or potential connection or structural arrangement within a water distribution system through which it is possible to introduce into the public water supply system any water, liquids, mixtures, or substances, other than the intended water, liquids, mixtures, or substances of the public water supply system.

 

(7)        Non-Toxic Substance: Any substance of a nonpoisonous nature which may create a moderate or minor hazard to the domestic water system. Hazardous connections include:

 

             (a)        Connections to food processing lines, including but not limited to those carrying syrups, lard, or beer.

             (b)        Connections to steam and steam boilers where the steam does not come in contact with toxic substances.

             (c)        McDaniel tees or steam clean-up connections in food plants, apartment house boilers, or pressing boilers where toxic compounds are not used.

             (d)        Connections to enclosed circulating systems, such as radiant-heating systems and refrigerated-water systems where toxic compounds are not used.

 

(8)        Pressure Vacuum Breaker (Backsiphonage Preventer): Used as a protection for direct or indirect water connections to all types of polluted or contaminated liquids where the preventer is not subjected to backpressure. This device may be installed for use under continuous line pressure.

 

(9)        Reduced-Pressure De-Ice (Backflow Preventer): Used as a protection for direct or indirect water connections where the device may be subject to backpressures from toxic chemicals, sewage, or other lethal substances.

 

(10)      Toxic Substance: Any substance (liquid, solid, or gaseous), including raw sewage and lethal substances, which when introduced into the water supply system creates or may create a danger to the health and well-being of the consumer. Hazardous connections include flush valve toilet, direct connection to contaminated vessel or system, and ship water point.


§3-123               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; DECLARATION OF NUISANCE. Any actual or potential connection or structural arrangement within a water distribution system through which it is possible to introduce into the public water supply system any water, liquids, mixtures, or substances other than the intended water, liquids, mixtures, or substances of the public water supply system shall hereby be declared a nuisance.


§3-124               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; UNLAWFUL CONNECTIONS; NEW INSTALLATIONS AND REPAIRS. No installation or repair within the water distribution system, including the customer̓s water distribution system, shall be made in such a manner:

 

(1)        That a cross-connection shall exist; or,

 

(2)        That it will be possible in any manner to allow the flow of any water or other liquids, mixtures, or substances into the water supply system other than the intended water, liquids, mixtures, or substances of the public water supply system:

             or,

(3)        That it will be possible in any manner to allow the flowing back of water or other liquids, mixtures, or substances into the water supply system due to negative pressure in the water distribution system.


§3-125               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; PREVENTION DEVICES REQUIRED. (1) A backflow or backsiphonage prevention device approved by the Water Commissioner shall be installed, by a plumber, at the customer̓s expense in the customer service pipe when any of the following conditions are found by the Water Commissioner:

(a)        Premises having an auxiliary water supply.

(b)        Premises on which, in the opinion of the Water Commissioner, substances are handled in a manner as to create an actual or potential hazard to the public water supply.

(c)        Premises having existing or potential internal cross-connection.

(d)        Premises where, in the opinion of the Water Commissioner, it is impossible or impractical to make a complete cross-connection premises survey.

(e)        Premises having more than one (1) customer service pipe. (2) No backflow or backsiphonage prevention device shall be approved by the Water Commissioner until the device has been approved by the American Society of Sanitary Engineers, the American Waterworks Association, or the University of Southern California Testing Laboratories.


§3-126               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; PREVENTION DEVICES; MINIMUM PROTECTION. (1) When backflow or backsiphonage prevention devices are required by this Code, the prevention devices shall provide a minimum level of protection as provided in “Attachment A”, made a part hereof.

             (2)        Provided, however, this shall be a minimum standard of protection. When, in the opinion of the Water Commissioner, a different level of protection would be more appropriate, the Water Commissioner shall prescribe the method of backflow or backsiphonage protection.


§3-127               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; INSTALLATION INSPECTION. (1) The Water Commissioner, at the expense of the Municipality, may inspect any premises to determine whether a backflow device is required and what level of protection will be necessary to protect the public health and safety.

             (2)        In order to inspect a premises, the Water Commissioner shall give notice setting forth a proposed date and time to the customer at least ten (10) working days in advance by first class mail, return receipt requested, or by personal contact. If the customer cannot make the premises available for inspection on that date and time, the customer shall contact the Water Commissioner to arrange another date and time for inspection. If the Water Commissioner and the customer cannot agree on a date and time for inspection, the premises shall be declared impossible or impractical to make a cross-connection survey, and a backflow or backsiphonage device shall be installed pursuant to the provisions of this Code pertaining to backflow/backsiphonage.


All inspections shall be at reasonable times.


§3-128               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; INSTALLATION EX-

PENSE. All backflow and backsiphonage prevention devices shall be installed at the customer̓s expense, and in such manner that the device shall be accessible.


§3-129               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; MAINTENANCE. Backflow and backsiphonage prevention devices shall be maintained in good working condition by the customer at the customer̓s expense.


§3-130               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; TESTING. Backflow and backsiphonage prevention devices designed to be tested shall be tested for proper operation annually or when necessary in the opinion of the Water Commissioner. Actual testing shall be at the expense of the Municipality. Any required maintenance or repairs shall be at the expense of the customer and subject to the approval of the Water Commissioner. If testing shall require entry into the premises, the Commissioner shall give notice setting forth a proposed date and time to the customer at least ten (10) working days in advance by first class mail, return receipt requested, or by personal contact. If the customer cannot make the premises available for inspection on that date and time, the customer shall contact the Water Commissioner to arrange another date and time.


§3-131               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; WATER COMMISSIONER; AUTHORITY. The Water Commissioner shall have the authority to issue any order consistent with the provisions of this Code in order to protect the public health and safety. Any order of the Water Commissioner shall be in writing and shall clearly state the nature of the order, compliance requirements, and set a reasonable date by which compliance must be met. All orders will be mailed to the customer by first class mail, return receipt requested, or by personal service.


With the exception of willful or malicious acts, the Municipality shall defend and hold harmless the Water Commissioner for his/her acts and doings while carrying out or purporting to carry out his/her responsibilities under sections 3-121 through 3-135 of this Code


§3-132               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; APPEALS. In the event that it is claimed that the true intent and meaning of this Code has been wrongfully interpreted by the Water Commissioner; that the time allowed for compliance with any order of the Water Commissioner is too short; or that conditions peculiar to a particular premises make it unreasonably difficult to meet the literal requirements prescribed by this Code, the owner may file a written notice of appeal with the Municipal Clerk within ten (10) days after the decision or order of the Water Commissioner has been made. The Governing Body shall hear all appeals and shall have the power and authority, when appealed to, to modify the decision or order of the Water Commissioner. Such a decision shall be final, subject only to any remedy which the aggrieved party may have at law or equity.


§3-133               MUNICIPAL WATER DEPARTMENT; BACK-FLOW; BACKSIPHONAGE PREVENTION; PENAL PROVISION

VIOLATION; PENALTY. Any person who shall violate or refuse to comply with the enforcement of any of the provisions of sections 3-121 through 3-135 of this Code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one hundred dollars ($100.00) for each offense. A new violation shall be deemed to have been committed every twenty-four (24) hours of such failure to comply.


§3-134               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; PENAL PROVISION; ABATEMENT OF NUISANCE. Whenever a nuisance exists as defined in this Chapter, the Municipality may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law. Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case


§3-135               MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE PREVENTION; PENAL PROVISION; DISCONTINUANCE OF WATER SERVICE. In addition to or in lieu of imposition of the sanctions specified by sections 3-133 and 3-134 of this Code, at the option of the Municipality, any person who shall violate or refuse to comply with the enforcement of any of the provisions of sections 3-121 through 3-134 of this Code, which violation or refusal to comply pertains to premises owned or occupied by him/her which are supplied with water from a main of the Municipal Water Department, may have his/her said water service discontinued by the Water Commissioner. Except in the case of any emergency, the Water Commissioner shall give ten (10) days advance written notice of such proposed discontinuance to such service. As to any consumer who has previously been identified as a welfare recipient to the Municipality by the Department of Social Services, such notice shall also be given to the Department of Social Services. Any consumer given notice under this section shall have the appeal rights specified in section 3-132 of this Code. Nevertheless, in the case of an emergency, the Water Commissioner may temporarily discontinue water service pending outcome of such appeal.


§3-136               MUNICIPAL WATER DEPARTMENT; AUTOMATIC AND UNDERGROUND AND RESIDENTIAL WATERING SYSTEM; INSTALLATION AND REGULATION. (1) No owner, occupant, resident, or person acting through any owner, occupant or resident, including the contractor of such person shall install any underground sprinkler system in such a fashion that any sprinkler head is located closer than nine (9) inches from the adjoining street, curb, ditch or other boundary area separating the Municipal Street from the subject property. It shall be the duty of the property owner, occupant or resident of the property to adjust all such sprinkler heads installed as part of an automatic or underground watering system to adjust such sprinkler heads so as to not discharge water upon the public street, curb or ditch area.

             (2)        All underground and/or automatic watering systems installed and in use on the effective date of this section shall be thereafter adjusted and regulated to prevent discharge of water upon the public street, curb or ditch area. The duty of such regulation and adjustment of existing water systems shall be upon the owner, occupant and/or resident.


§3-137               MUNICIPAL WATER DEPARTMENT; RESTRICTIONS ON OUTSIDE WATERING AND LANDSCAPE IRRIGATION. (1) Upon the recommendation of the City water commissioner, the Mayor is authorized to implement a water conservation program as set forth in the ordinance pursuant to a public notice to be published in a legal newspaper distributed in the City and posted in at least three public places in the City. After the implementation of such water conservation program, it may subsequently be lifted by the Mayor upon the recommendation of the City water commissioner by publication and posting of such action as described above.


                          Any decision by the Mayor to implement or to lift the water conservation program shall be considered by the City Council at the next regular meeting that is held following the decision to implement or to lift the water conservation program. Such decision by the Mayor shall continue to be in full force and effect only if the Council approves such action.

 

             (6)        Upon the implementation of a water conservation program by the

 Mayor after public notification, the following restrictions on outdoor water usage and landscape irrigation shall be imposed on all water customers of the City water supply:

                          No owner, occupant or user of the City water supply on property located within the City of Henderson shall sprinkle or irrigate any grass lawn in the City except on designated water-use days which shall be as follows:

                          (a)        Users of water at street addresses ending with an odd number may water on Tuesday, Thursday and Saturday.

                          (b)        Users of water at street addresses ending with an even number may water on Monday, Wednesday and Friday.

                          (c)        No lawn may be sprinkled or irrigated on Sunday.

 

             (3)        An owner, occupant or use of property in the City may submit a

 written application to the City Clerk to obtain an exception from the application of this ordinance for the purpose of watering a newly seeded lawn or, if necessary, to apply water to the lawn to facilitate the application of fertilizer or weed control. An application for an exception shall be considered and approved or denied by the Mayor on a case-by-case basis depending on whether the existence of a hardship is demonstrated by the applicant by the strict enforcement of this section. The applicant may appeal from the Mayor’s determination to the Council. (City Ordinance 336)


§3-138               VIOLATION; RESTRICTIONS ON OUTSIDE WATERING AND LANDSCAPE IRRIGATION; PENALTY. The owner, occupant and user of the property shall be liable for any violation of this section, and shall be subject to a penalty of a $50.00 fine. Upon conviction of a second offense a violator shall be subjected to a fine of $100.00. Each day that a violation occurs shall be deemed a separate offense.


§3-139               MUNICIPAL WATER DEPARTMENT; WELLHEAD PROTECTION AREA; DEFINITION (1) Wellhead Protection Area means the surface and subsurface area surrounding the water well or well field, supplying a public water system, through which contaminants are likely to move toward and reach such water or well field.

 

             (2)        The City of Henderson designates a Wellhead Protection Area for

the purpose of protecting the public water supply system. This delineation is based upon a map prepared by the Nebraska Department of Environmental Quality presented to the City of Henderson in September 2003. Legal description may be found in City Ordinance #341.


§3-140               MUNICIPAL WATER DEPARTMENT; WELLHEAD PROTECTION AREA; SOIL SAMPLING FOR ADMINISTRATIVE ORDER; DEFINITION                     (1) Certain terms are defined in the index of the Ordinance. Except as defined therein, all other words used in this Ordinance shall have their customary dictionary meanings. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word “shall” is always mandatory. The word “lot” includes the word “plot” or “parcel.” The words “building” include the word “structure.” The word “person” includes a “firm, association, organization, partnership, trust, company or corporation, as well as an individual.” The word “used” or “occupied” as applied to any land or buildings, shall be construed to include the words “intended, arranged, or designed to be used or occupied.” The words “zoning map” shall mean the “Official Zoning Map of the City of Henderson, Nebraska.


§3-141               MUNICIPAL WATER DEPARTMENT; WELLHEAD PROTECTION AREA; SOIL SAMPLING AND MONITORING IRRIGATION WELLSS FOR NITRATES FOR ADMINISTRATIVE ORDER; REASON                     (1) The City of Henderson public water supply system shall implement the soil and water sampling ordinance when in violation of the maximum contaminant level (MCL) for nitrate-nitrogen as prescribed by Nebraska’s Regulations Governing Public Water Supply Systems, Title 179 NAC

@ Section 002.02A. The soil sampling for nitrates will be followed as stated in City Ordinance #339, Article II, Section 2. The monitoring irrigation wells for nitrates will be followed as stated in City Ordinance #339, Article II, Section 3.

 

(2)         This section will be in effect as long as the public drinking water supply for the City of Henderson is above the maximum contaminant level for nitrates of 10 parts per million. When the nitrates drop below the maximum contaminant level for nitrates of 10 parts per million and the City is no longer under an administrative order issued by the Nebraska Health and Human Services, the soil and water sampling discussed in this section is recommended but would not be required.




 

ATTACHMENT “A”














Direct or Indirect

Water Connections

Degree of

Hazard

Recommended Device

Severe

 

Moderate

 

Minor

 

Air Gap

 

For

Backflow

For

Backsiphonage

Reduced Pressure Device

 

Double Check-Valve Assembly

 

Pressure Vacuum Breaker

 

Atmospheric Vacuum Breaker

 

I.       Subject to backpressure:

         A.      Pumps, tanks and lines handling:

                    1.      Sewage and lethal substances

                    2.      Toxic substances

                    3.      Nontoxic substances

         B.       Water connection to steam and steam boiler:

                    1.      Boiler or steam connection to toxic substances

                    4.      Boiler or steam connection to nontoxic substances (boiler blowoff through approved gap)

II       Not subject to backpressure:

         A.      Sewer-connected waste line (not subject to waste stoppages)

         B.       Low inlets to receptacles containing toxic substances

         C.       Low inlets to receptacles containing nontoxic substances



x

x





x







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x








x







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x

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x




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x

x

x




x




x



x


x


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x








x







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x


x


x
















x


x


x

         D.      Low inlets into domestic water tanks

 

 


x

 

Each case should be treated separately

         E.       Lawn sprinklers systems

         F.       Coils or jackets used as heat exchangers in compressors, degreasers, etc.:

                    1.      In sewer lines

                    2.      In lines carrying toxic substances

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x


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x




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x

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x


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x






x

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x

                    3.      In lines carrying nontoxic substances

 


x

 

 

Each case should be tested separately

         G.      Flush valve toilets

         H.      Toilet and urinal tanks

         I.        Trough urinals

         J.        Valved outlets or fixtures with hose attachments that may consollute a cross connection to:

                    1.      Toxic substances

                    2.      Nontoxic substances

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x

x

         *For backflow or backsiphonage